In the Senate of the United States, 

July 30, 2015. 

Resolved, That the bill from the House of Representatives (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.’’, do pass with the following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Developing a Reliable 

3 and Innovative Vision for the Economy Act’’ or the 

4 ‘‘DRIVE Act’’. 
2 

† HR 22 EAS 

1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into 9 divisions 

4 as follows: 

5 (1) Division A–Federal-aid Highways and High6 way Safety Construction Programs. 

7 (2) Division B–Public Transportation. 

8 (3) Division C–Comprehensive Transportation 

9 and Consumer Protection Act of 2015. 

10 (4) Division D–Freight and Major Projects. 

11 (5) Division E–Finance. 

12 (6) Division F–Miscellaneous. 

13 (7) Division G–Surface Transportation Exten14 sion. 

15 (8) Division H–Budgetary Effects. 

16 (9) Division I–Export-Import Bank of the 

17 United States. 

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

19 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Definitions. 

Sec. 4. Effective date. 

DIVISION A—FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY 

CONSTRUCTION PROGRAMS 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 11001. Authorization of appropriations. 

Sec. 11002. Obligation ceiling. 

Sec. 11003. Apportionment. 
3 

† HR 22 EAS 

Sec. 11004. Surface transportation program. 

Sec. 11005. Metropolitan transportation planning. 

Sec. 11006. Statewide and nonmetropolitan transportation planning. 

Sec. 11007. Highway use tax evasion projects. 

Sec. 11008. Bundling of bridge projects. 

Sec. 11009. Flexibility for certain rural road and bridge projects. 

Sec. 11010. Construction of ferry boats and ferry terminal facilities. 

Sec. 11011. Highway safety improvement program. 

Sec. 11012. Data collection on unpaved public roads. 

Sec. 11013. Congestion mitigation and air quality improvement program. 

Sec. 11014. Transportation alternatives. 

Sec. 11015. Consolidation of programs. 

Sec. 11016. State flexibility for National Highway System modifications. 

Sec. 11017. Toll roads, bridges, tunnels, and ferries. 

Sec. 11018. HOV facilities. 

Sec. 11019. Interstate system reconstruction and rehabilitation pilot program. 

Sec. 11020. Emergency relief for federally owned roads. 

Sec. 11021. Bridges requiring closure or load restrictions. 

Sec. 11022. National electric vehicle charging and natural gas fueling corridors. 

Sec. 11023. Asset management. 

Sec. 11024. Tribal transportation program amendment. 

Sec. 11025. Nationally significant Federal lands and Tribal projects program. 

Sec. 11026. Federal lands programmatic activities. 

Sec. 11027. Federal lands transportation program. 

Sec. 11028. Innovative project delivery. 

Sec. 11029. Obligation and release of funds. 

Subtitle B—Acceleration of Project Delivery 

Sec. 11101. Categorical exclusion for projects of limited Federal assistance. 

Sec. 11102. Programmatic agreement template. 

Sec. 11103. Agency coordination. 

Sec. 11104. Initiation of environmental review process. 

Sec. 11105. Improving collaboration for accelerated decision making. 

Sec. 11106. Accelerated decisionmaking in environmental reviews. 

Sec. 11107. Improving transparency in environmental reviews. 

Sec. 11108. Integration of planning and environmental review. 

Sec. 11109. Use of programmatic mitigation plans. 

Sec. 11110. Adoption of Departmental environmental documents. 

Sec. 11111. Technical assistance for States. 

Sec. 11112. Surface transportation project delivery program. 

Sec. 11113. Categorical exclusions for multimodal projects. 

Sec. 11114. Modernization of the environmental review process. 

Sec. 11115. Service club, charitable association, or religious service signs. 

Sec. 11116. Satisfaction of requirements for certain historic sites. 

Sec. 11117. Bridge exemption from consideration under certain provisions. 

Sec. 11118. Elimination of barriers to improve at-risk bridges. 

Sec. 11119. At-risk project preagreement authority. 

Subtitle C—Miscellaneous 

Sec. 11201. Credits for untaxed transportation fuels. 

Sec. 11202. Justification reports for access points on the Interstate System. 

Sec. 11203. Exemptions. 

Sec. 11204. High priority corridors on the National Highway System. 

Sec. 11205. Repeat intoxicated driver law. 
4 

† HR 22 EAS 

Sec. 11206. Vehicle-to-infrastructure equipment. 

Sec. 11207. Relinquishment. 

Sec. 11208. Transfer and sale of toll credits. 

Sec. 11209. Regional infrastructure accelerator demonstration program. 

Sec. 11210. Sonoran Corridor Interstate development. 

TITLE II—TRANSPORTATION INNOVATION 

Subtitle A—Research 

Sec. 12001. Research, technology, and education. 

Sec. 12002. Intelligent transportation systems. 

Sec. 12003. Future interstate study. 

Sec. 12004. Researching surface transportation system funding alternatives. 

Subtitle B—Data 

Sec. 12101. Tribal data collection. 

Sec. 12102. Performance management data support program. 

Subtitle C—Transparency and Best Practices 

Sec. 12201. Every Day Counts initiative. 

Sec. 12202. Department of Transportation performance measures. 

Sec. 12203. Grant program for achievement in transportation for performance 

and innovation. 

Sec. 12204. Highway trust fund transparency and accountability. 

Sec. 12205. Report on highway trust fund administrative expenditures. 

Sec. 12206. Availability of reports. 

Sec. 12207. Performance period adjustment. 

Sec. 12208. Design standards. 

TITLE III—TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT OF 1998 AMENDMENTS 

Sec. 13001. Transportation Infrastructure Finance and Innovation Act of 1998 

amendments. 

TITLE IV—TECHNICAL CORRECTIONS 

Sec. 14001. Technical corrections. 

TITLE V—MISCELLANEOUS 

Sec. 15001. Appalachian development highway system. 

Sec. 15002. Appalachian regional development program. 

Sec. 15003. Water infrastructure finance and innovation. 

Sec. 15004. Administrative provisions to encourage pollinator habitat and forage 

on transportation rights-of-way. 

Sec. 15005. Study on performance of bridges. 

Sec. 15006. Sport fish restoration and recreational boating safety. 

DIVISION B—PUBLIC TRANSPORTATION 

TITLE XXI—FEDERAL PUBLIC TRANSPORTATION ACT 

Sec. 21001. Short title. 

Sec. 21002. Definitions. 

Sec. 21003. Metropolitan transportation planning. 
5 

† HR 22 EAS 

Sec. 21004. Statewide and nonmetropolitan transportation planning. 

Sec. 21005. Urbanized area formula grants. 

Sec. 21006. Fixed guideway capital investment grants. 

Sec. 21007. Mobility of seniors and individuals with disabilities. 

Sec. 21008. Formula grants for rural areas. 

Sec. 21009. Research, development, demonstration, and deployment program. 

Sec. 21010. Private sector participation. 

Sec. 21011. Innovative procurement. 

Sec. 21012. Human resources and training. 

Sec. 21013. General provisions. 

Sec. 21014. Project management oversight. 

Sec. 21015. Public transportation safety program. 

Sec. 21016. State of good repair grants. 

Sec. 21017. Authorizations. 

Sec. 21018. Grants for bus and bus facilities. 

Sec. 21019. Salary of Federal Transit Administrator. 

Sec. 21020. Technical and conforming amendments. 

DIVISION C—COMPREHENSIVE TRANSPORTATION AND CONSUMER 

PROTECTION ACT OF 2015 

Sec. 31001. Short title. 

Sec. 31002. References to title 49, United States Code. 

Sec. 31003. Effective date. 

TITLE XXXI—OFFICE OF THE SECRETARY 

Subtitle A—Accelerating Project Delivery 

Sec. 31101. Delegation of authority. 

Sec. 31102. Infrastructure Permitting Improvement Center. 

Sec. 31103. Accelerated decision-making in environmental reviews. 

Sec. 31104. Environmental review alignment and reform. 

Sec. 31105. Multimodal categorical exclusions. 

Sec. 31106. Improving transparency in environmental reviews. 

Sec. 31107. Local transportation infrastructure program. 

Sec. 31108. Authorization of grants for positive train control. 

Subtitle B—Research 

Sec. 31201. Findings. 

Sec. 31202. Modal research plans. 

Sec. 31203. Consolidated research prospectus and strategic plan. 

Sec. 31204. Research Ombudsman. 

Sec. 31205. Smart cities transportation planning study. 

Sec. 31206. Bureau of Transportation Statistics independence. 

Sec. 31207. Conforming amendments. 

Sec. 31208. Repeal of obsolete office. 

Subtitle C—Port Performance Act 

Sec. 31301. Short title. 

Sec. 31302. Findings. 

Sec. 31303. Port performance freight statistics program. 
6 

† HR 22 EAS 

TITLE XXXII—COMMERCIAL MOTOR VEHICLE AND DRIVER 

PROGRAMS 

Subtitle A—Compliance, Safety, and Accountability Reform 

Sec. 32001. Correlation study. 

Sec. 32002. Safety improvement metrics. 

Sec. 32003. Data certification. 

Sec. 32004. Data improvement. 

Sec. 32005. Accident report information. 

Sec. 32006. Post-accident report review. 

Sec. 32007. Recognizing excellence in safety. 

Sec. 32008. High risk carrier reviews. 

Subtitle B—Transparency and Accountability 

Sec. 32201. Petitions for regulatory relief. 

Sec. 32202. Inspector standards. 

Sec. 32203. Technology improvements. 

Subtitle C—Trucking Rules Updated by Comprehensive and Key Safety Reform 

Sec. 32301. Update on statutory requirements. 

Sec. 32302. Statutory rulemaking. 

Sec. 32303. Guidance reform. 

Sec. 32304. Petitions. 

Sec. 32305. Regulatory reform. 

Subtitle D—State Authorities 

Sec. 32401. Emergency route working group. 

Sec. 32402. Additional State authority. 

Sec. 32403. Commercial driver access. 

Subtitle E—Motor Carrier Safety Grant Consolidation 

Sec. 32501. Definitions. 

Sec. 32502. Grants to States. 

Sec. 32503. New entrant safety review program study. 

Sec. 32504. Performance and registration information systems management. 

Sec. 32505. Authorization of appropriations. 

Sec. 32506. Commercial driver’s license program implementation. 

Sec. 32507. Extension of Federal motor carrier safety programs for fiscal year 

2016. 

Sec. 32508. Motor carrier safety assistance program allocation. 

Sec. 32509. Maintenance of effort calculation. 

Subtitle F—Miscellaneous Provisions 

Sec. 32601. Windshield technology. 

Sec. 32602. Electronic logging devices requirements. 

Sec. 32603. Lapse of required financial security; suspension of registration. 

Sec. 32604. Access to National Driver Register. 

Sec. 32605. Study on commercial motor vehicle driver commuting. 

Sec. 32606. Household goods consumer protection working group. 

Sec. 32607. Interstate van operations. 

Sec. 32608. Report on design and implementation of wireless roadside inspection 

systems. 
7 

† HR 22 EAS 

Sec. 32609. Motorcoach hours of service study. 

Sec. 32610. GAO Review of school bus safety. 

Sec. 32611. Use of hair testing for preemployment and random controlled substances tests. 

TITLE XXXIII—HAZARDOUS MATERIALS 

Sec. 33101. Endorsements. 

Sec. 33102. Enhanced reporting. 

Sec. 33103. Hazardous material information. 

Sec. 33104. National emergency and disaster response. 

Sec. 33105. Authorization of appropriations. 

TITLE XXXIV—HIGHWAY AND MOTOR VEHICLE SAFETY 

Subtitle A—Highway Traffic Safety 

PART I—HIGHWAY SAFETY

Sec. 34101. Authorization of appropriations. 

Sec. 34102. Highway safety programs. 

Sec. 34103. Grants for alcohol-ignition interlock laws and 24–7 sobriety programs. 

Sec. 34104. Repeat offender criteria. 

Sec. 34105. Study on the national roadside survey of alcohol and drug use by 

drivers. 

Sec. 34106. Increasing public awareness of the dangers of drug-impaired driving. 

Sec. 34107. Improvement of data collection on child occupants in vehicle crashes. 

PART II—STOP MOTORCYCLE CHECKPOINT FUNDING ACT

Sec. 34121. Short title. 

Sec. 34122. Grant restriction. 

PART III—IMPROVING DRIVER SAFETY ACT OF 2015 

Sec. 34131. Short title. 

Sec. 34132. Distracted driving incentive grants. 

Sec. 34133. Barriers to data collection report. 

Sec. 34134. Minimum requirements for State graduated driver licensing incentive 

grant program. 

PART IV—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 34141. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012. 

Subtitle B—Vehicle Safety 

Sec. 34201. Authorization of appropriations. 

Sec. 34202. Inspector General recommendations. 

Sec. 34203. Improvements in availability of recall information. 

Sec. 34204. Recall process. 

Sec. 34205. Pilot grant program for State notification to consumers of motor vehicle recall status. 

Sec. 34206. Recall obligations under bankruptcy. 

Sec. 34207. Dealer requirement to check for open recall. 

Sec. 34208. Extension of time period for remedy of tire defects. 
8 

† HR 22 EAS 

Sec. 34209. Rental car safety. 

Sec. 34210. Increase in civil penalties for violations of motor vehicle safety. 

Sec. 34211. Electronic odometer disclosures. 

Sec. 34212. Corporate responsibility for NHTSA reports. 

Sec. 34213. Direct vehicle notification of recalls. 

Sec. 34214. Unattended children warning. 

Sec. 34215. Tire pressure monitoring system. 

Subtitle C—Research and Development and Vehicle Electronics 

Sec. 34301. Report on operations of the Council for Vehicle Electronics, Vehicle 

Software, and Emerging Technologies. 

Sec. 34302. Cooperation with foreign governments. 

Subtitle D—Miscellaneous Provisions 

PART I—DRIVER PRIVACY ACT OF 2015 

Sec. 34401. Short title. 

Sec. 34402. Limitations on data retrieval from vehicle event data recorders. 

Sec. 34403. Vehicle event data recorder study. 

PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 

Sec. 34421. Short title. 

Sec. 34422. Passenger motor vehicle information. 

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

Sec. 34431. Short title. 

Sec. 34432. Tire fuel efficiency minimum performance standards. 

Sec. 34433. Tire registration by independent sellers. 

Sec. 34434. Tire recall database. 

TITLE XXXV—RAILROAD REFORM, ENHANCEMENT, AND 

EFFICIENCY 

Sec. 35001. Short title. 

Sec. 35002. Passenger transportation; definitions. 

Subtitle A—Authorization of Appropriations 

Sec. 35101. Authorization of grants to Amtrak. 

Sec. 35102. National infrastructure and safety investments. 

Sec. 35103. Authorization of appropriations for National Transportation Safety 

Board rail investigations. 

Sec. 35104. Authorization of appropriations for Amtrak Office of Inspector General. 

Sec. 35105. National cooperative rail research program. 

Subtitle B—Amtrak Reform 

Sec. 35201. Amtrak grant process. 

Sec. 35202. 5-year business line and assets plans. 

Sec. 35203. State-supported route committee. 

Sec. 35204. Route and service planning decisions. 

Sec. 35205. Competition. 

Sec. 35206. Rolling stock purchases. 

Sec. 35207. Food and beverage policy. 
9 

† HR 22 EAS 

Sec. 35208. Local products and promotional events. 

Sec. 35209. Right-of-way leveraging. 

Sec. 35210. Station development. 

Sec. 35211. Amtrak debt. 

Sec. 35212. Amtrak pilot program for passengers transporting domesticated cats 

and dogs. 

Sec. 35213. Amtrak board of directors. 

Sec. 35214. Amtrak boarding procedures. 

Subtitle C—Intercity Passenger Rail Policy 

Sec. 35301. Competitive operating grants. 

Sec. 35302. Federal-State partnership for state of good repair. 

Sec. 35303. Large capital project requirements. 

Sec. 35304. Small business participation study. 

Sec. 35305. Gulf coast rail service working group. 

Sec. 35306. Integrated passenger rail working group. 

Sec. 35307. Shared-use study. 

Sec. 35308. Northeast Corridor Commission. 

Sec. 35309. Northeast Corridor through-ticketing and procurement efficiencies. 

Sec. 35310. Data and analysis. 

Sec. 35311. Performance-based proposals. 

Sec. 35312. Amtrak Inspector General. 

Sec. 35313. Miscellaneous provisions. 

Subtitle D—Rail Safety 

PART I—SAFETY IMPROVEMENT

Sec. 35401. Highway-rail grade crossing safety. 

Sec. 35402. Speed limit action plans. 

Sec. 35403. Signage. 

Sec. 35404. Alerters. 

Sec. 35405. Signal protection. 

Sec. 35406. Technology implementation plans. 

Sec. 35407. Commuter rail track inspections. 

Sec. 35408. Emergency response. 

Sec. 35409. Private highway-rail grade crossings. 

Sec. 35410. Repair and replacement of damaged track inspection equipment. 

Sec. 35411. Rail police officers. 

Sec. 35412. Operation deep dive; report. 

Sec. 35413. Post-accident assessment. 

Sec. 35414. Technical and conforming amendments. 

Sec. 35415. GAO study on use of locomotive horns at highway-rail grade crossings. 

Sec. 35416. Bridge inspection reports. 

PART II—CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

Sec. 35421. Consolidated rail infrastructure and safety improvements. 

PART III—HAZARDOUS MATERIALS BY RAIL SAFETY AND OTHER SAFETY

ENHANCEMENTS

Sec. 35431. Real-time emergency response information. 

Sec. 35432. Thermal blankets. 

Sec. 35433. Comprehensive oil spill response plans. 
10 

† HR 22 EAS 

Sec. 35434. Hazardous materials by rail liability study. 

Sec. 35435. Study and testing of electronically-controlled pneumatic brakes. 

Sec. 35436. Recording devices. 

Sec. 35437. Rail passenger transportation liability. 

Sec. 35438. Modification reporting. 

Sec. 35439. Report on crude oil characteristics research study. 

PART IV—POSITIVE TRAIN CONTROL

Sec. 35441. Coordination of spectrum. 

Sec. 35442. Updated plans. 

Sec. 35443. Early adoption and interoperability. 

Sec. 35444. Positive train control at grade crossings effectiveness study. 

Subtitle E—Project Delivery 

Sec. 35501. Short title. 

Sec. 35502. Preservation of public lands. 

Sec. 35503. Efficient environmental reviews. 

Sec. 35504. Advance acquisition. 

Sec. 35505. Railroad rights-of-way. 

Sec. 35506. Savings clause. 

Sec. 35507. Transition. 

Subtitle F—Financing 

Sec. 35601. Short title; references. 

Sec. 35602. Definitions. 

Sec. 35603. Eligible applicants. 

Sec. 35604. Eligible purposes. 

Sec. 35605. Program administration. 

Sec. 35606. Loan terms and repayment. 

Sec. 35607. Credit risk premiums. 

Sec. 35608. Master credit agreements. 

Sec. 35609. Priorities and conditions. 

Sec. 35610. Savings provision. 

DIVISION D—FREIGHT AND MAJOR PROJECTS 

TITLE XLI—FREIGHT POLICY 

Sec. 41001. Establishment of freight chapter. 

Sec. 41002. National multimodal freight policy. 

Sec. 41003. National multimodal freight network. 

TITLE XLII—PLANNING 

Sec. 42001. National freight strategic plan. 

Sec. 42002. State freight advisory committees. 

Sec. 42003. State freight plans. 

Sec. 42004. Freight data and tools. 

Sec. 42005. Savings provision. 

TITLE XLIII—FORMULA FREIGHT PROGRAM 

Sec. 43001. National highway freight program. 
11 

† HR 22 EAS 

TITLE XLIV—GRANTS 

Sec. 44001. Purpose; definitions; administration. 

Sec. 44002. Grants. 

DIVISION E—FINANCE 

Sec. 50001. Short title. 

TITLE LI—HIGHWAY TRUST FUND AND RELATED TAXES 

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

Sec. 51101. Extension of trust fund expenditure authority. 

Sec. 51102. Extension of highway-related taxes. 

Subtitle B—Additional Transfers to Highway Trust Fund 

Sec. 51201. Further additional transfers to trust fund. 

Sec. 51202. Transfer to Highway Trust Fund of certain motor vehicle safety penalties. 

Sec. 51203. Appropriation from Leaking Underground Storage Tank Trust Fund. 

TITLE LII—OFFSETS 

Subtitle A—Tax Provisions 

Sec. 52101. Consistent basis reporting between estate and person acquiring property from decedent. 

Sec. 52102. Revocation or denial of passport in case of certain unpaid taxes. 

Sec. 52103. Clarification of 6-year statute of limitations in case of overstatement 

of basis. 

Sec. 52104. Additional information on returns relating to mortgage interest. 

Sec. 52105. Return due date modifications. 

Sec. 52106. Reform of rules relating to qualified tax collection contracts. 

Sec. 52107. Special compliance personnel program. 

Sec. 52108. Transfers of excess pension assets to retiree health accounts. 

Subtitle B—Fees and Receipts 

Sec. 52201. Extension of deposits of security service fees in the general fund. 

Sec. 52202. Adjustment for inflation of fees for certain customs services. 

Sec. 52203. Dividends and surplus funds of Reserve banks. 

Sec. 52204. Strategic Petroleum Reserve drawdown and sale. 

Sec. 52205. Extension of enterprise guarantee fee. 

Subtitle C—Outlays 

Sec. 52301. Interest on overpayment. 

DIVISION F—MISCELLANEOUS 

TITLE LXI—FEDERAL PERMITTING IMPROVEMENT 

Sec. 61001. Definitions. 

Sec. 61002. Federal Permitting Improvement Council. 

Sec. 61003. Permitting process improvement. 

Sec. 61004. Interstate compacts. 

Sec. 61005. Coordination of required reviews. 
12 

† HR 22 EAS 

Sec. 61006. Delegated State permitting programs. 

Sec. 61007. Litigation, judicial review, and savings provision. 

Sec. 61008. Report to Congress. 

Sec. 61009. Funding for governance, oversight, and processing of environmental 

reviews and permits. 

Sec. 61010. Application. 

Sec. 61011. GAO Report. 

TITLE LXII—ADDITIONAL PROVISIONS 

Sec. 62001. Hire More Heroes. 

DIVISION G—SURFACE TRANSPORTATION EXTENSION 

Sec. 70001. Short title. 

TITLE LXXI—EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS 

Sec. 71001. Extension of Federal-aid highway programs. 

Sec. 71002. Administrative expenses. 

TITLE LXXII—TEMPORARY EXTENSION OF PUBLIC 

TRANSPORTATION PROGRAMS 

Sec. 72001. Formula grants for rural areas. 

Sec. 72002. Apportionment of appropriations for formula grants. 

Sec. 72003. Authorizations for public transportation. 

Sec. 72004. Bus and bus facilities formula grants. 

TITLE LXXIII—EXTENSION OF HIGHWAY SAFETY PROGRAMS 

Subtitle A—Extension of Highway Safety Programs 

Sec. 73101. Extension of National Highway Traffic Safety Administration highway safety programs. 

Sec. 73102. Extension of Federal Motor Carrier Safety Administration programs. 

Sec. 73103. Dingell-Johnson Sport Fish Restoration Act. 

Subtitle B—Hazardous Materials 

Sec. 73201. Authorization of appropriations. 

TITLE LXXIV—REVENUE PROVISIONS 

Sec. 74001. Extension of trust fund expenditure authority. 

DIVISION H—BUDGETARY EFFECTS 

Sec. 80001. Budgetary effects. 

Sec. 80002. Maintenance of highway trust fund cash balance. 

Sec. 80003. Prohibition on rescissions of certain contract authority. 

DIVISION I—EXPORT-IMPORT BANK OF THE UNITED STATES 

Sec. 90001. Short title. 
13 

† HR 22 EAS 

TITLE XCI—TAXPAYER PROTECTION PROVISIONS AND INCREASED 

ACCOUNTABILITY 

Sec. 91001. Reduction in authorized amount of outstanding loans, guarantees, 

and insurance. 

Sec. 91002. Increase in loss reserves. 

Sec. 91003. Review of fraud controls. 

Sec. 91004. Office of Ethics. 

Sec. 91005. Chief Risk Officer. 

Sec. 91006. Risk Management Committee. 

Sec. 91007. Independent audit of bank portfolio. 

Sec. 91008. Pilot program for reinsurance. 

TITLE XCII—PROMOTION OF SMALL BUSINESS EXPORTS 

Sec. 92001. Increase in small business lending requirements. 

Sec. 92002. Report on programs for small and medium-sized businesses. 

TITLE XCIII—MODERNIZATION OF OPERATIONS 

Sec. 93001. Electronic payments and documents. 

Sec. 93002. Reauthorization of information technology updating. 

TITLE XCIV—GENERAL PROVISIONS 

Sec. 94001. Extension of authority. 

Sec. 94002. Certain updated loan terms and amounts. 

TITLE XCV—OTHER MATTERS 

Sec. 95001. Prohibition on discrimination based on industry. 

Sec. 95002. Negotiations to end export credit financing. 

Sec. 95003. Study of financing for information and communications technology 

systems. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

4 means the Department of Transportation. 

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

6 the Secretary of Transportation. 

7 SEC. 4. EFFECTIVE DATE. 

8 Except as otherwise provided, divisions A, B, C, and 

9 D, including the amendments made by those divisions, take 

10 effect on October 1, 2015. 
14 

† HR 22 EAS 

1 DIVISION A—FEDERAL-AID HIGH2 WAYS AND HIGHWAY SAFETY 

3 CONSTRUCTION PROGRAMS 

4 TITLE I—FEDERAL-AID 

5 HIGHWAYS 

6 Subtitle A—Authorizations and 

7 Programs 

8 SEC. 11001. AUTHORIZATION OF APPROPRIATIONS. 

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

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

11 than the Mass Transit Account): 

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

13 national highway performance program under section 

14 119 of title 23, United States Code, the surface trans15 portation program under section 133 of that title, the 

16 highway safety improvement program under section 

17 148 of that title, the congestion mitigation and air 

18 quality improvement program under section 149 of 

19 that title, the national freight program under section 

20 167 of that title, the transportation alternatives pro21 gram under section 213 of that title, and to carry out 

22 section 134 of that title— 

23 (A) $39,579,500,000 for fiscal year 2016; 

24 (B) $40,771,300,000 for fiscal year 2017; 

25 (C) $42,127,100,000 for fiscal year 2018; 
15 

† HR 22 EAS 

1 (D) $43,476,400,000 for fiscal year 2019; 

2 (E) $44,570,700,000 for fiscal year 2020; 

3 and 

4 (F) $45,691,900,000 for fiscal year 2021. 

5 (2) TRANSPORTATION INFRASTRUCTURE FINANCE

6 AND INNOVATION PROGRAM.—For credit assistance 

7 under the transportation infrastructure finance and 

8 innovation program under chapter 6 of title 23, 

9 United States Code, $300,000,000 for each of fiscal 

10 years 2016 through 2021. 

11 (3) FEDERAL LANDS AND TRIBAL TRANSPOR12 TATION PROGRAMS.— 

13 (A) TRIBAL TRANSPORTATION PROGRAM.— 

14 For the tribal transportation program under sec15 tion 202 of title 23, United States Code— 

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

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

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

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

20 (v) $505,000,000 for fiscal year 2020; 

21 and 

22 (vi) $515,000,000 for fiscal year 2021. 

23 (B) FEDERAL LANDS TRANSPORTATION PRO24 GRAM.— 
16 

† HR 22 EAS 

1 (i) AUTHORIZATION.—For the Federal 

2 lands transportation program under section 

3 203 of title 23, United States Code— 

4 (I) $305,000,000 for fiscal year 

5 2016; 

6 (II) $310,000,000 for fiscal year 

7 2017; 

8 (III) $315,000,000 for fiscal year 

9 2018; 

10 (IV) $320,000,000 for fiscal year 

11 2019; 

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

13 2020; and 

14 (VI) $330,000,000 for fiscal year 

15 2021. 

16 (ii) SPECIAL RULE.— 

17 (I) $240,000,000 of the amount 

18 made available for each fiscal year 

19 shall be the amount for the National 

20 Park Service; and 

21 (II) $30,000,000 of the amount 

22 made available for each fiscal year 

23 shall be the amount for the United 

24 States Fish and Wildlife Service. 
17 

† HR 22 EAS 

1 (C) FEDERAL LANDS ACCESS PROGRAM.— 

2 For the Federal lands access program under sec3 tion 204 of title 23, United States Code— 

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

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

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

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

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

9 and 

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

11 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

12 PROGRAM.—For the territorial and Puerto Rico high13 way program under section 165 of title 23, United 

14 States Code, $190,000,000 for each of fiscal years 

15 2016 through 2021. 

16 (5) ASSISTANCE FOR MAJOR PROJECTS PRO17 GRAM.—For the assistance for major projects program 

18 under section 171 of title 23, United States Code— 

19 (A) $250,000,000 for fiscal year 2016; 

20 (B) $300,000,000 for fiscal year 2017; 

21 (C) $350,000,000 for fiscal year 2018; 

22 (D) $400,000,000 for fiscal year 2019; 

23 (E) $400,000,000 for fiscal year 2020; and 

24 (F) $400,000,000 for fiscal year 2021. 
18 

† HR 22 EAS 

1 (b) RESEARCH, TECHNOLOGY, AND EDUCATION AU2 THORIZATIONS.— 

3 (1) IN GENERAL.—The following sums are au4 thorized to be appropriated out of the Highway Trust 

5 Fund (other than the Mass Transit Account): 

6 (A) HIGHWAY RESEARCH AND DEVELOP7 MENT PROGRAM.—To carry out the highway re8 search and development program under section 

9 503(b) of title 23, United States Code, 

10 $130,000,000 for each of fiscal years 2016 

11 through 2021. 

12 (B) TECHNOLOGY AND INNOVATION DEPLOY13 MENT PROGRAM.—To carry out the technology 

14 and innovation deployment program under sec15 tion 503(c) of title 23, United States Code, 

16 $62,500,000 for each of fiscal years 2016 through 

17 2021. 

18 (C) TRAINING AND EDUCATION.—To carry 

19 out training and education under section 504 of 

20 title 23, United States Code, $24,000,000 for 

21 each of fiscal years 2016 through 2021. 

22 (D) INTELLIGENT TRANSPORTATION SYS23 TEMS PROGRAM.—To carry out the intelligent 

24 transportation systems program under sections 

25 512 through 518 of title 23, United States Code, 
19 

† HR 22 EAS 

1 $100,000,000 for each of fiscal years 2016 

2 through 2021. 

3 (E) UNIVERSITY TRANSPORTATION CENTERS

4 PROGRAM.—To carry out the university trans5 portation centers program under section 5505 of 

6 title 49, United States Code, $72,500,000 for 

7 each of fiscal years 2016 through 2021. 

8 (2) BUREAU OF TRANSPORTATION STATISTICS.— 

9 There are authorized to be appropriated out of the 

10 general fund of the Treasury to carry out chapter 63 

11 of title 49, United States Code, $26,000,000 for each 

12 of fiscal years 2016 through 2021. 

13 (3) ADMINISTRATION.—The Federal Highway 

14 Administration shall administer the programs de15 scribed in subparagraphs (D) and (E) of paragraph 

16 (1). 

17 (4) APPLICABILITY OF TITLE 23, UNITED STATES

18 CODE.—Funds authorized to be appropriated by 

19 paragraph (1) shall— 

20 (A) be available for obligation in the same 

21 manner as if those funds were apportioned under 

22 chapter 1 of title 23, United States Code; 

23 (B) remain available until expended; and 

24 (C) not be transferable. 

25 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 
20 

† HR 22 EAS 

1 (1) FINDINGS.—Congress finds that— 

2 (A) while significant progress has occurred 

3 due to the establishment of the disadvantaged 

4 business enterprise program, discrimination and 

5 related barriers continue to pose significant ob6 stacles for minority- and women-owned busi7 nesses seeking to do business in federally assisted 

8 surface transportation markets across the United 

9 States; 

10 (B) the continuing barriers described in 

11 subparagraph (A) merit the continuation of the 

12 disadvantaged business enterprise program; 

13 (C) Congress has received and reviewed tes14 timony and documentation of race and gender 

15 discrimination from numerous sources, including 

16 congressional hearings and roundtables, scientific 

17 reports, reports issued by public and private 

18 agencies, news stories, reports of discrimination 

19 by organizations and individuals, and discrimi20 nation lawsuits, which show that race- and gen21 der-neutral efforts alone are insufficient to ad22 dress the problem; 

23 (D) the testimony and documentation de24 scribed in subparagraph (C) demonstrate that 

25 discrimination across the United States poses a 
21 

† HR 22 EAS 

1 barrier to full and fair participation in surface 

2 transportation-related businesses of women busi3 ness owners and minority business owners and 

4 has impacted firm development and many as5 pects of surface transportation-related business 

6 in the public and private markets; and 

7 (E) the testimony and documentation de8 scribed in subparagraph (C) provide a strong 

9 basis that there is a compelling need for the con10 tinuation of the disadvantaged business enter11 prise program to address race and gender dis12 crimination in surface transportation-related 

13 business. 

14 (2) DEFINITIONS.—In this subsection, the fol15 lowing definitions apply: 

16 (A) SMALL BUSINESS CONCERN.— 

17 (i) IN GENERAL.—The term ‘‘small 

18 business concern’’ means a small business 

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

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

21 (ii) EXCLUSIONS.—The term ‘‘small 

22 business concern’’ does not include any con23 cern or group of concerns controlled by the 

24 same socially and economically disadvan25 taged individual or individuals that have 
22 

† HR 22 EAS 

1 average annual gross receipts during the 

2 preceding 3 fiscal years in excess of 

3 $23,980,000, as adjusted annually by the 

4 Secretary for inflation. 

5 (B) SOCIALLY AND ECONOMICALLY DIS6 ADVANTAGED INDIVIDUALS.—The term ‘‘socially 

7 and economically disadvantaged individuals’’ 

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

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

10 and relevant subcontracting regulations issued 

11 pursuant to that Act, except that women shall be 

12 presumed to be socially and economically dis13 advantaged individuals for purposes of this sub14 section. 

15 (3) AMOUNTS FOR SMALL BUSINESS CON16 CERNS.—Except to the extent that the Secretary deter17 mines otherwise, not less than 10 percent of the 

18 amounts made available for any program under divi19 sions A and B of this Act and section 403 of title 23, 

20 United States Code, shall be expended through small 

21 business concerns owned and controlled by socially 

22 and economically disadvantaged individuals. 

23 (4) ANNUAL LISTING OF DISADVANTAGED BUSI24 NESS ENTERPRISES.—Each State shall annually— 
23 

† HR 22 EAS 

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

2 business concerns referred to in paragraph (2) in 

3 the State, including the location of the small 

4 business concerns in the State; and 

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

6 percentage of the small business concerns that 

7 are controlled by— 

8 (i) women; 

9 (ii) socially and economically dis10 advantaged individuals (other than 

11 women); and 

12 (iii) individuals who are women and 

13 are otherwise socially and economically dis14 advantaged individuals. 

15 (5) UNIFORM CERTIFICATION.— 

16 (A) IN GENERAL.—The Secretary shall es17 tablish minimum uniform criteria for use by 

18 State governments in certifying whether a con19 cern qualifies as a small business concern for the 

20 purpose of this subsection. 

21 (B) INCLUSIONS.—The minimum uniform 

22 criteria established under subparagraph (A) shall 

23 include, with respect to a potential small busi24 ness concern— 

25 (i) on-site visits; 
24 

† HR 22 EAS 

1 (ii) personal interviews with personnel; 

2 (iii) issuance or inspection of licenses; 

3 (iv) analyses of stock ownership; 

4 (v) listings of equipment; 

5 (vi) analyses of bonding capacity; 

6 (vii) listings of work completed; 

7 (viii) examination of the resumes of 

8 principal owners; 

9 (ix) analyses of financial capacity; 

10 and 

11 (x) analyses of the type of work pre12 ferred. 

13 (6) REPORTING.—The Secretary shall establish 

14 minimum requirements for use by State governments 

15 in reporting to the Secretary— 

16 (A) information concerning disadvantaged 

17 business enterprise awards, commitments, and 

18 achievements; and 

19 (B) such other information as the Secretary 

20 determines to be appropriate for the proper mon21 itoring of the disadvantaged business enterprise 

22 program. 

23 (7) COMPLIANCE WITH COURT ORDERS.—Noth24 ing in this subsection limits the eligibility of an indi25 vidual or entity to receive funds made available 
25 

† HR 22 EAS 

1 under divisions A and B of this Act and section 403 

2 of title 23, United States Code, if the individual or 

3 entity is prevented, in whole or in part, from com4 plying with paragraph (2) because a Federal court 

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

6 requirement or the implementation of paragraph (2) 

7 is unconstitutional. 

8 (d) CONFORMING AMENDMENT.—Section 1101(b) of 

9 MAP–21 (Public Law 112–141; 126 Stat. 414) is repealed. 

10 SEC. 11002. OBLIGATION CEILING. 

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

12 and notwithstanding any other provision of law, the obliga13 tions for Federal-aid highway and highway safety construc14 tion programs shall not exceed— 

15 (1) $41,625,500,000 for fiscal year 2016; 

16 (2) $42,896,300,000 for fiscal year 2017; 

17 (3) $44,331,100,000 for fiscal year 2018; 

18 (4) $45,759,400,000 for fiscal year 2019; 

19 (5) $46,882,700,000 for fiscal year 2020; and 

20 (6) $48,032,900,000 for fiscal year 2021. 

21 (b) EXCEPTIONS.—The limitations under subsection 

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

23 (1) section 125 of title 23, United States Code; 
26 

† HR 22 EAS 

1 (2) section 147 of the Surface Transportation As2 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

3 2714); 

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

5 1981 (95 Stat. 1701); 

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

7 Surface Transportation Assistance Act of 1982 (96 

8 Stat. 2119); 

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

10 Surface Transportation and Uniform Relocation As11 sistance Act of 1987 (101 Stat. 198); 

12 (6) sections 1103 through 1108 of the Intermodal 

13 Surface Transportation Efficiency Act of 1991 (105 

14 Stat. 2027); 

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

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

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

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

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

20 those fiscal years); 

21 (9) section 105 of title 23, United States Code 

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

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

24 those fiscal years); 
27 

† HR 22 EAS 

1 (10) Federal-aid highway programs for which 

2 obligation authority was made available under the 

3 Transportation Equity Act for the 21st Century (112 

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

5 remain available until expended, but only to the ex6 tent that the obligation authority has not lapsed or 

7 been used; 

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

9 118 note; 119 Stat. 1248), to the extent that funds ob10 ligated in accordance with that section were not sub11 ject to a limitation on obligations at the time at 

12 which the funds were initially made available for ob13 ligation; 

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

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

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

17 those fiscal years); and 

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

19 (but, for each of fiscal years 2016 through 2021, only 

20 in an amount equal to $639,000,000 for each of those 

21 fiscal years). 

22 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 

23 each of fiscal years 2016 through 2021, the Secretary 

24 shall— 
28 

† HR 22 EAS 

1 (1) not distribute obligation authority provided 

2 by subsection (a) for the fiscal year for— 

3 (A) amounts authorized for administrative 

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

5 23, United States Code; and 

6 (B) amounts authorized for the Bureau of 

7 Transportation Statistics; 

8 (2) not distribute an amount of obligation au9 thority provided by subsection (a) that is equal to the 

10 unobligated balance of amounts— 

11 (A) made available from the Highway Trust 

12 Fund (other than the Mass Transit Account) for 

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

15 funds for which are allocated by the Secretary 

16 (or apportioned by the Secretary under section 

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

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

20 (3) determine the proportion that— 

21 (A) an amount equal to the difference be22 tween— 

23 (i) the obligation authority provided 

24 by subsection (a) for the fiscal year; and 
29 

† HR 22 EAS 

1 (ii) the aggregate amount not distrib2 uted under paragraphs (1) and (2); bears to 

3 (B) an amount equal to the difference be4 tween— 

5 (i) the total of the sums authorized to 

6 be appropriated for the Federal-aid high7 way and highway safety construction pro8 grams (other than sums authorized to be 

9 appropriated for provisions of law described 

10 in paragraphs (1) through (12) of sub11 section (b) and sums authorized to be ap12 propriated for section 119 of title 23, 

13 United States Code, equal to the amount re14 ferred to in subsection (b)(13) for the fiscal 

15 year); and 

16 (ii) the aggregate amount not distrib17 uted under paragraphs (1) and (2); 

18 (4) distribute the obligation authority provided 

19 by subsection (a), less the aggregate amount not dis20 tributed under paragraphs (1) and (2), for each of the 

21 programs (other than programs to which paragraph 

22 (1) applies) that are allocated by the Secretary under 

23 this Act and title 23, United States Code, or appor24 tioned by the Secretary under section 202 or 204 of 

25 that title, by multiplying— 
30 

† HR 22 EAS 

1 (A) the proportion determined under para2 graph (3); by 

3 (B) the amounts authorized to be appro4 priated for each such program for the fiscal year; 

5 and 

6 (5) distribute the obligation authority provided 

7 by subsection (a), less the aggregate amount not dis8 tributed under paragraphs (1) and (2) and the 

9 amounts distributed under paragraph (4), for Fed10 eral-aid highway and highway safety construction 

11 programs that are apportioned by the Secretary 

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

13 amounts apportioned for the national highway per14 formance program under section 119 of title 23, 

15 United States Code, that are exempt from the limita16 tion under subsection (b)(13) and the amounts appor17 tioned under sections 202 and 204 of that title) in the 

18 proportion that— 

19 (A) amounts authorized to be appropriated 

20 for the programs that are apportioned under title 

21 23, United States Code, to each State for the fis22 cal year; bears to 

23 (B) the total of the amounts authorized to 

24 be appropriated for the programs that are ap-
31 

† HR 22 EAS 

1 portioned under title 23, United States Code, to 

2 all States for the fiscal year. 

3 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU4 THORITY.—Notwithstanding subsection (c), the Secretary 

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

6 2021— 

7 (1) revise a distribution of the obligation author8 ity made available under subsection (c) if an amount 

9 distributed cannot be obligated during that fiscal 

10 year; and 

11 (2) redistribute sufficient amounts to those States 

12 able to obligate amounts in addition to those pre13 viously distributed during that fiscal year, giving pri14 ority to those States having large unobligated bal15 ances of funds apportioned under sections 144 (as in 

16 effect on the day before the date of enactment of 

17 MAP–21 (126 Stat. 405)) and 104 of title 23, United 

18 States Code. 

19 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

20 TRANSPORTATION RESEARCH PROGRAMS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), obligation limitations imposed by sub23 section (a) shall apply to contract authority for trans24 portation research programs carried out under chap25 ter 5 of title 23, United States Code. 
32 

† HR 22 EAS 

1 (2) EXCEPTION.—Obligation authority made 

2 available under paragraph (1) shall— 

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

4 years; and 

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

6 limitation imposed on obligations for Federal7 aid highway and highway safety construction 

8 programs for future fiscal years. 

9 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

10 FUNDS.— 

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

12 the date of distribution of obligation authority under 

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

14 2021, the Secretary shall distribute to the States any 

15 funds (excluding funds authorized for the program 

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

17 that— 

18 (A) are authorized to be appropriated for 

19 the fiscal year for Federal-aid highway pro20 grams; and 

21 (B) the Secretary determines will not be al22 located to the States (or will not be apportioned 

23 to the States under section 204 of title 23, 

24 United States Code), and will not be available 

25 for obligation, for the fiscal year because of the 
33 

† HR 22 EAS 

1 imposition of any obligation limitation for the 

2 fiscal year. 

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

4 paragraph (1) in the same proportion as the distribu5 tion of obligation authority under subsection (c)(5). 

6 (3) AVAILABILITY.—Funds distributed to each 

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

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

9 States Code. 

10 SEC. 11003. APPORTIONMENT. 

11 (a) IN GENERAL.—Section 104 of title 23, United 

12 States Code, is amended— 

13 (1) in subsection (a)(1) by striking subpara14 graphs (A) and (B) and inserting the following: 

15 ‘‘(A) $456,000,000 for fiscal year 2016; 

16 ‘‘(B) $465,000,000 for fiscal year 2017; 

17 ‘‘(C) $474,000,000 for fiscal year 2018; 

18 ‘‘(D) $483,000,000 for fiscal year 2019; 

19 ‘‘(E) $492,000,000 for fiscal year 2020; and 

20 ‘‘(F) $501,000,000 for fiscal year 2021.’’; 

21 (2) in subsection (b)— 

22 (A) in the matter preceding paragraph (1), 

23 by striking ‘‘and the congestion mitigation and 

24 air quality improvement program’’ and insert25 ing ‘‘the congestion mitigation and air quality 
34 

† HR 22 EAS 

1 improvement program, the national freight pro2 gram’’; 

3 (B) in each of paragraphs (1), (2), and (3) 

4 by striking ‘‘paragraphs (4) and (5)’’ each place 

5 it appears and inserting ‘‘paragraphs (4), (5), 

6 and (6), and section 213(a)’’; 

7 (C) in paragraph (1), by striking ‘‘63.7 per8 cent’’ and inserting ‘‘65 percent’’; 

9 (D) in paragraph (2), by striking ‘‘29.3 

10 percent’’ and inserting ‘‘29 percent’’; 

11 (E) in paragraph (3), by striking ‘‘7 per12 cent’’ and inserting ‘‘6 percent’’; 

13 (F) in paragraph (4), in the matter pre14 ceding subparagraph (A), by striking ‘‘deter15 mined for the State under subsection (c)’’ and 

16 inserting ‘‘remaining under subsection (c) after 

17 making the set-asides in accordance with para18 graph (5) and section 213(a)’’; 

19 (G) by redesignating paragraph (5) as 

20 paragraph (6); 

21 (H) by inserting after paragraph (4) the 

22 following: 

23 ‘‘(5) NATIONAL FREIGHT PROGRAM.— 

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

25 program under section 167, the Secretary shall 
35 

† HR 22 EAS 

1 set aside from the amount determined for a State 

2 under subsection (c) an amount determined for 

3 the State under subparagraphs (B) and (C). 

4 ‘‘(B) TOTAL AMOUNT.—The total amount 

5 set aside for the national freight program for all 

6 States shall be— 

7 ‘‘(i) $1,000,000,000 for fiscal year 

8 2016; 

9 ‘‘(ii) $1,450,000,000 for fiscal year 

10 2017; 

11 ‘‘(iii) $2,000,000,000 for fiscal year 

12 2018; 

13 ‘‘(iv) $2,300,000,000 for fiscal year 

14 2019; 

15 ‘‘(v) $2,400,000,000 for fiscal year 

16 2020; and 

17 ‘‘(vi) $2,500,000,000 for fiscal year 

18 2021. 

19 ‘‘(C) STATE SHARE.—The Secretary shall 

20 distribute among the States the total set-aside 

21 amount for the national freight program under 

22 subparagraph (B) so that each State receives an 

23 amount equal to the proportion that— 
36 

† HR 22 EAS 

1 ‘‘(i) the total apportionment deter2 mined under subsection (c) for a State; 

3 bears to 

4 ‘‘(ii) the total apportionments for all 

5 States. 

6 ‘‘(D) METROPOLITAN PLANNING.—Of the 

7 amount set aside under this paragraph for a 

8 State, the Secretary shall use to carry out section 

9 134 an amount determined by multiplying the 

10 set-aside amount by the proportion that— 

11 ‘‘(i) the amount apportioned to the 

12 State to carry out section 134 for fiscal 

13 year 2009; bears to 

14 ‘‘(ii) the total amount of funds appor15 tioned to the State for that fiscal year for 

16 the programs referred to in section 

17 105(a)(2), except for the high priority 

18 projects program referred to in section 

19 105(a)(2)(H) (as in effect on the day before 

20 the date of enactment of MAP–21 (Public 

21 Law 112–141; 126 Stat. 405).’’; and 

22 (I) in paragraph (6) (as redesignated by 

23 subparagraph (G)), in the matter preceding sub24 paragraph (A), by striking ‘‘determined for the 

25 State under subsection (c)’’ and inserting ‘‘re-
37 

† HR 22 EAS 

1 maining under subsection (c) after making the 

2 set-asides in accordance with paragraph (5) and 

3 section 213(a)’’; and 

4 (3) in subsection (c) by adding at the end the fol5 lowing: 

6 ‘‘(3) FOR FISCAL YEARS 2016 THROUGH 2021.— 

7 ‘‘(A) STATE SHARE.—For each of fiscal 

8 years 2016 through 2021, the amount for each 

9 State of combined apportionments for the na10 tional highway performance program under sec11 tion 119, the surface transportation program 

12 under section 133, the highway safety improve13 ment program under section 148, the congestion 

14 mitigation and air quality improvement pro15 gram under section 149, the national freight pro16 gram under section 167, the transportation alter17 natives program under section 213, and to carry 

18 out section 134, shall be determined as follows: 

19 ‘‘(i) INITIAL AMOUNT.—The initial 

20 amount for each State shall be determined 

21 by multiplying the total amount available 

22 for apportionment by the share for each 

23 State, which shall be equal to the proportion 

24 that— 
38 

† HR 22 EAS 

1 ‘‘(I) the amount of apportion2 ments that the State received for fiscal 

3 year 2014; bears to 

4 ‘‘(II) the amount of those appor5 tionments received by all States for 

6 that fiscal year. 

7 ‘‘(ii) ADJUSTMENTS TO AMOUNTS.— 

8 The initial amounts resulting from the cal9 culation under clause (i) shall be adjusted 

10 to ensure that, for each State, the amount of 

11 combined apportionments for the programs 

12 shall not be less than 95 percent of the esti13 mated tax payments attributable to high14 way users in the State paid into the High15 way Trust Fund (other than the Mass 

16 Transit Account) in the most recent fiscal 

17 year for which data are available. 

18 ‘‘(B) STATE APPORTIONMENT.—For each of 

19 fiscal years 2016 through 2021, on October 1, the 

20 Secretary shall apportion the sum authorized to 

21 be appropriated for expenditure on the national 

22 highway performance program under section 

23 119, the surface transportation program under 

24 section 133, the highway safety improvement 

25 program under section 148, the congestion miti-
39 

† HR 22 EAS 

1 gation and air quality improvement program 

2 under section 149, the national freight program 

3 under section 167, the transportation alter4 natives program under section 213, and to carry 

5 out section 134 in accordance with subparagraph 

6 (A).’’. 

7 (b) CONFORMING AMENDMENTS.— 

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

9 States Code, is amended by striking ‘‘subsection 

10 (b)(5)’’ each place it appears and inserting ‘‘para11 graphs (5)(D) and (6) of subsection (b)’’. 

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

13 Code, is amended— 

14 (A) in subparagraph (A), in the matter pre15 ceding clause (i), by striking ‘‘or (5)’’ and insert16 ing ‘‘(5)(D), or (6)’’; and 

17 (B) in subparagraph (C)(i), by striking 

18 ‘‘and (5)’’ and inserting ‘‘(5)(D), and (6)’’. 

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

20 Code, is amended by striking ‘‘section 104(b)(5)’’ and 

21 inserting ‘‘paragraphs (5)(D) and (6) of section 

22 104(b)’’. 

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

24 Code, is amended in the first sentence by striking 

25 ‘‘paragraphs (1) through (5) of section 104(b)’’ and 
40 

† HR 22 EAS 

1 inserting ‘‘paragraphs (1) through (6) of section 

2 104(b)’’. 

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

4 Code, is amended by striking ‘‘paragraphs (1) 

5 through (5) of section 104(b)’’ and inserting ‘‘para6 graphs (1) through (6) of section 104(b)’’. 

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

8 Code, is amended in the matter preceding paragraph 

9 (1) by striking ‘‘through (4)’’ and inserting ‘‘through 

10 (5)’’. 

11 SEC. 11004. SURFACE TRANSPORTATION PROGRAM. 

12 Section 133 of title 23, United States Code, is amend13 ed— 

14 (1) in subsection (b)— 

15 (A) in paragraph (10), by inserting ‘‘, in16 cluding emergency evacuation plans’’ after ‘‘pro17 grams’’; and 

18 (B) in paragraph (13), by adding a period 

19 at the end; 

20 (2) in subsection (c)— 

21 (A) in paragraph (1), by striking the semi22 colon at the end and inserting ‘‘or for projects 

23 described in paragraphs (2), (4), (6), (7), (11), 

24 (20), (25), and (26) of subsection (b); and’’; 

25 (B) by striking paragraph (2); and 
41 

† HR 22 EAS 

1 (C) by redesignating paragraph (3) as 

2 paragraph (2); 

3 (3) in subsection (d)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) in the matter preceding clause 

7 (i), by striking ‘‘50 percent’’ and in8 serting ‘‘55 percent’’; and 

9 (II) in clause (ii), by striking 

10 ‘‘greater than 5,000’’ and inserting ‘‘of 

11 5,000 or more’’; and 

12 (ii) in subparagraph (B), by striking 

13 ‘‘50 percent’’ and inserting ‘‘45 percent’’; 

14 and 

15 (B) in paragraph (3)— 

16 (i) by striking ‘‘paragraph (1)(A)(ii)’’ 

17 and inserting ‘‘paragraph (1)(A)(iii)’’; and 

18 (ii) by striking ‘‘greater than 5,000 

19 and less than 200,000’’ and inserting ‘‘of 

20 5,000 to 200,000’’; 

21 (4) in subsection (f)(1)— 

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

23 ‘‘104(b)(2)’’; and 
42 

† HR 22 EAS 

1 (B) by striking ‘‘the period of fiscal years 

2 2011 through 2014’’ and inserting ‘‘each fiscal 

3 year’’; 

4 (5) by redesignating subsection (h) as subsection 

5 (i); 

6 (6) in subsection (g)— 

7 (A) by striking the subsection designation 

8 and heading and all that follows through para9 graph (1) and inserting the following: 

10 ‘‘(g) BRIDGES OFF THE NATIONAL HIGHWAY SYS11 TEM.— 

12 ‘‘(1) DEFINITION OF OFF-NHS BRIDGE.—In this 

13 subsection, the term ‘off-NHS bridge’ means a high14 way bridge located on a public road, other than a 

15 bridge on the National Highway System.’’; and 

16 (B) in paragraph (2)— 

17 (i) by striking subparagraph (A) and 

18 inserting the following: 

19 ‘‘(A) SET-ASIDE.—Each State shall obligate 

20 for replacement (including replacement with fill 

21 material), rehabilitation, preservation, and pro22 tection (including scour countermeasures, seismic 

23 retrofits, impact protection measures, security 

24 countermeasures, and protection against extreme 
43 

† HR 22 EAS 

1 events) for off-NHS bridges an amount equal to 

2 the greater of— 

3 ‘‘(i) 15 percent of the amount appor4 tioned to the State under section 104(b)(2); 

5 and 

6 ‘‘(ii) an amount equal to at least 110 

7 percent of the amount of funds set aside for 

8 bridges not on Federal-aid highways in the 

9 State for fiscal year 2014.’’; 

10 (ii) in subparagraph (B), by striking 

11 ‘‘off-system’’ and inserting ‘‘off-NHS’’; and 

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

14 ‘‘(C) SET-ASIDE FOR CERTAIN OFF-NHS

15 BRIDGES.—Each State shall obligate an amount 

16 equal to not less than 50 percent of the amount 

17 set aside under subparagraph (A) for off-NHS 

18 bridges located on public roads that are not Fed19 eral-aid highways.’’; and 

20 (C) by redesignating paragraph (3) as sub21 section (h); 

22 (7) in subsection (h) (as so redesignated)— 

23 (A) by striking the heading and inserting 

24 ‘‘CREDIT FOR BRIDGES NOT ON THE NATIONAL

25 HIGHWAY SYSTEM.—’’; 
44 

† HR 22 EAS 

1 (B) by redesignating subparagraphs (A) 

2 and (B) as paragraphs (1) and (2), respectively, 

3 and indenting appropriately; and 

4 (C) in the matter preceding paragraph (1) 

5 (as so redesignated)— 

6 (i) by striking ‘‘the replacement of a 

7 bridge or rehabilitation of’’; and 

8 (ii) by striking ‘‘, and is determined 

9 by the Secretary upon completion to be no 

10 longer a deficient bridge’’; 

11 (8) in subsection (i)(1) (as redesignated by para12 graph (5)), by striking ‘‘under subsection 

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

14 2014’’ and inserting ‘‘under subsection (d)(1)(A)(ii) 

15 for each fiscal year’’; and 

16 (9) by adding at the end the following: 

17 ‘‘(j) BORDER STATES.— 

18 ‘‘(1) IN GENERAL.—After consultation with rel19 evant transportation planning organizations, the 

20 Governor of a State that shares a land border with 

21 Canada or Mexico may designate for each fiscal year 

22 not more than 5 percent of funds made available to 

23 the State under subsection (d)(1)(B) for border infra24 structure projects eligible under section 1303 of 
45 

† HR 22 EAS 

1 SAFETEA–LU (23 U.S.C. 101 note; Public Law 

2 109–59). 

3 ‘‘(2) USE OF FUNDS.—Funds designated under 

4 this subsection shall be available under the require5 ments of section 1303 of SAFETEA–LU (23 U.S.C. 

6 101 note; Public Law 109–59). 

7 ‘‘(3) CERTIFICATION.—Before making a designa8 tion under paragraph (1), the Governor shall certify 

9 that the designation is consistent with transportation 

10 planning requirements under this title. 

11 ‘‘(4) NOTIFICATION.—Not later than 30 days 

12 after making a designation under paragraph (1), the 

13 Governor shall submit to the relevant transportation 

14 planning organizations within the border region a 

15 written notification of any suballocated or distributed 

16 amount of funds available for obligation by jurisdic17 tion. 

18 ‘‘(5) LIMITATION.—This subsection applies only 

19 to funds apportioned to a State after the date of en20 actment of the DRIVE Act. 

21 ‘‘(6) DEADLINE FOR DESIGNATION.—A designa22 tion under paragraph (1) shall— 

23 ‘‘(A) be submitted to the Secretary not later 

24 than 30 days before the beginning of the fiscal 
46 

† HR 22 EAS 

1 year for which the designation is being made; 

2 and 

3 ‘‘(B) remain in effect for the funds des4 ignated under paragraph (1) for a fiscal year 

5 until the Governor of the State notifies the Sec6 retary of the termination of the designation. 

7 ‘‘(7) UNOBLIGATED FUNDS AFTER TERMI8 NATION.—On the date of a termination under para9 graph (6)(B), all remaining unobligated funds that 

10 were designated under paragraph (1) for the fiscal 

11 year for which the designation is being terminated 

12 shall be made available to the State for the purposes 

13 described in subsection (d)(1)(B).’’. 

14 SEC. 11005. METROPOLITAN TRANSPORTATION PLANNING. 

15 Section 134 of title 23, United States Code, is amend16 ed— 

17 (1) in subsection (a)(1), by inserting ‘‘resilient’’ 

18 before ‘‘surface transportation systems’’; 

19 (2) in subsection (c)(2), by striking ‘‘and bicycle 

20 transportation facilities’’ and inserting ‘‘, bicycle 

21 transportation facilities, intermodal facilities that 

22 support intercity transportation, including intercity 

23 buses and intercity bus facilities, and commuter van24 pool providers’’; 

25 (3) in subsection (d)— 
47 

† HR 22 EAS 

1 (A) by redesignating paragraphs (3) 

2 through (6) as paragraphs (4) through (7), re3 spectively; 

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)(B).’’; 

23 and 
48 

† HR 22 EAS 

1 (C) in paragraph (5) (as redesignated by 

2 subparagraph (A)), by striking ‘‘paragraph (5)’’ 

3 and inserting ‘‘paragraph (6)’’; 

4 (4) in subsection (e)(4)(B), by striking ‘‘sub5 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

6 (5) in subsection (g)(3)(A), by inserting ‘‘natural 

7 disaster risk reduction,’’ after ‘‘environmental protec8 tion,’’; 

9 (6) 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 ‘‘; and’’; 

15 and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(I) improve the resilience and reliability of 

19 the transportation system.’’; and 

20 (B) in paragraph (2)(A), by striking ‘‘and 

21 in section 5301(c) of title 49’’ and inserting 

22 ‘‘and the general purposes described in section 

23 5301 of title 49’’; 

24 (7) in subsection (i)— 

25 (A) in paragraph (2)— 
49 

† HR 22 EAS 

1 (i) in subparagraph (A)(i), by striking 

2 ‘‘transit’’ and inserting ‘‘public transpor3 tation facilities, intercity bus facilities’’; 

4 (ii) in subparagraph (G)— 

5 (I) by striking ‘‘and provide’’ and 

6 inserting ‘‘, provide’’; and 

7 (II) by inserting ‘‘, and reduce 

8 vulnerability due to natural disasters 

9 of the existing transportation infra10 structure’’ before the period at the end; 

11 and 

12 (iii) in subparagraph (H), by insert13 ing ‘‘, including consideration of the role 

14 that intercity buses may play in reducing 

15 congestion, pollution, and energy consump16 tion in a cost-effective manner and strate17 gies and investments that preserve and en18 hance intercity bus systems, including sys19 tems that are privately owned and oper20 ated’’ before the period at the end; 

21 (B) in paragraph (6)(A)— 

22 (i) by inserting ‘‘public ports,’’ before 

23 ‘‘freight shippers,’’; and 

24 (ii) by inserting ‘‘(including intercity 

25 bus operators and commuter vanpool pro-
50 

† HR 22 EAS 

1 viders)’’ after ‘‘private providers of trans2 portation’’; and 

3 (C) in paragraph (8), by striking ‘‘(2)(C)’’ 

4 each place it appears and inserting ‘‘(2)(E)’’; 

5 (8) in subsection (j)(5)(A), by striking ‘‘sub6 section (k)(4)’’ and inserting ‘‘subsection (k)(3)’’; 

7 (9) in subsection (k)— 

8 (A) by striking paragraph (3); and 

9 (B) by redesignating paragraphs (4) and 

10 (5) as paragraphs (3) and (4), respectively; 

11 (10) in subsection (l)— 

12 (A) in paragraph (1), by adding a period 

13 at the end; and 

14 (B) in paragraph (2)(D), by striking ‘‘of 

15 less than 200,000’’ and inserting ‘‘with a popu16 lation of 200,000 or less’’; 

17 (11) by striking subsection (n); 

18 (12) by redesignating subsections (o) through (q) 

19 as subsections (n) through (p), respectively; 

20 (13) in subsection (o) (as so redesignated), by 

21 striking ‘‘set aside under section 104(f)’’ and insert22 ing ‘‘apportioned under paragraphs (5)(D) and (6) of 

23 section 104(b)’’ ; and 

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

25 ‘‘(q) TREATMENT OF LAKE TAHOE REGION.— 
51 

† HR 22 EAS 

1 ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In 

2 this subsection, the term ‘Lake Tahoe Region’ has the 

3 meaning given the term ‘region’ in subsection (a) of 

4 Article II of the Lake Tahoe Regional Planning Com5 pact (Public Law 96–551; 94 Stat. 3234). 

6 ‘‘(2) TREATMENT.—For the purpose of this title, 

7 the Lake Tahoe Region shall be treated as— 

8 ‘‘(A) a metropolitan planning organization; 

9 ‘‘(B) a transportation management area 

10 under subsection (k); and 

11 ‘‘(C) an urbanized area, which is comprised 

12 of a population of 145,000 in the State of Cali13 fornia and a population of 65,000 in the State 

14 of Nevada. 

15 ‘‘(3) SUBALLOCATED FUNDING.— 

16 ‘‘(A) SECTION 133.—When determining the 

17 amount under subparagraph (A) of section 

18 133(d)(1) that shall be obligated for a fiscal year 

19 in the States of California and Nevada under 

20 clauses (i), (ii), and (iii) of that subparagraph, 

21 the Secretary shall, for each of those States— 

22 ‘‘(i) calculate the population under 

23 each of those clauses; 

24 ‘‘(ii) decrease the amount under section 

25 133(d)(1)(A)(iii) by the population specified 
52 

† HR 22 EAS 

1 in paragraph (2) of this subsection for the 

2 Lake Tahoe Region in that State; and 

3 ‘‘(iii) increase the amount under sec4 tion 133(d)(1)(A)(i) by the population spec5 ified in paragraph (2) of this subsection for 

6 the Lake Tahoe Region in that State. 

7 ‘‘(B) SECTION 213.—When determining the 

8 amount under paragraph (1) of section 213(c) 

9 that shall be obligated for a fiscal year in the 

10 States of California and Nevada under subpara11 graphs (A), (B), and (C) of that paragraph, the 

12 Secretary shall, for each of those States— 

13 ‘‘(i) calculate the population under 

14 each of those subparagraphs; 

15 ‘‘(ii) decrease the amount under section 

16 213(c)(1)(C) by the population specified in 

17 paragraph (2) of this subsection for the 

18 Lake Tahoe Region in that State; and 

19 ‘‘(iii) increase the amount under sec20 tion 213(c)(1)(A) by the population speci21 fied in paragraph (2) of this subsection for 

22 the Lake Tahoe Region in that State.’’. 
53 

† HR 22 EAS 

1 SEC. 11006. STATEWIDE AND NONMETROPOLITAN TRANS2 PORTATION PLANNING. 

3 (a) IN GENERAL.—Section 135 of title 23, United 

4 States Code, is amended— 

5 (1) in subsection (a)(2), by striking ‘‘and bicycle 

6 transportation facilities’’ and inserting ‘‘, bicycle 

7 transportation facilities, intermodal facilities that 

8 support intercity transportation, including intercity 

9 buses and intercity bus facilities, and commuter van10 pool providers’’; 

11 (2) in subsection (d)— 

12 (A) in paragraph (1)— 

13 (i) in subparagraph (G), by striking 

14 ‘‘and’’ at the end; 

15 (ii) in subparagraph (H), by striking 

16 the period at the end and inserting ‘‘; and’’; 

17 and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(I) improve the resilience and reliability of 

21 the transportation system.’’; and 

22 (B) in paragraph (2)(A), by striking ‘‘and 

23 in section 5301(c) of title 49’’ and inserting 

24 ‘‘and the general purposes described in section 

25 5301 of title 49’’; 
54 

† HR 22 EAS 

1 (3) in subsection (e)(1), by striking ‘‘subsection 

2 (m)’’ and inserting ‘‘subsection (l)’’; 

3 (4) in subsection (f)— 

4 (A) in paragraph (2)(B)(i), by striking 

5 ‘‘subsection (m)’’ and inserting ‘‘subsection (l)’’; 

6 (B) in paragraph (3)(A)— 

7 (i) in clause (i), by striking ‘‘sub8 section (m)’’ and inserting ‘‘subsection (l)’’; 

9 and 

10 (ii) in clause (ii), by inserting ‘‘(in11 cluding intercity bus operators and com12 muter vanpool providers)’’ after ‘‘private 

13 providers of transportation’’; 

14 (C) in paragraph (7), in the matter pre15 ceding subparagraph (A), by striking ‘‘should’’ 

16 and inserting ‘‘shall’’; and 

17 (D) in paragraph (8), by inserting ‘‘, in18 cluding consideration of the role that intercity 

19 buses may play in reducing congestion, pollu20 tion, and energy consumption in a cost-effective 

21 manner and strategies and investments that pre22 serve and enhance intercity bus systems, includ23 ing systems that are privately owned and oper24 ated’’ before the period at the end; 

25 (5) in subsection (g)— 
55 

† HR 22 EAS 

1 (A) in paragraph (2)(B)(i), by striking 

2 ‘‘subsection (m)’’ and inserting ‘‘subsection (l)’’; 

3 (B) in paragraph (3)— 

4 (i) by inserting ‘‘public ports,’’ before 

5 ‘‘freight shippers’’; and 

6 (ii) by inserting ‘‘(including intercity 

7 bus operators),’’ after ‘‘private providers of 

8 transportation’’; and 

9 (C) in paragraph (6)(A), by striking ‘‘sub10 section (m)’’ and inserting ‘‘subsection (l)’’; 

11 (6) by striking subsection (j); and 

12 (7) by redesignating subsections (k) through (m) 

13 as subsections (j) through (l), respectively. 

14 (b) CONFORMING AMENDMENTS.—Section 134(b)(5) of 

15 title 23, United States Code, is amended by striking ‘‘sec16 tion 135(m)’’ and inserting ‘‘section 135(l)’’. 

17 SEC. 11007. HIGHWAY USE TAX EVASION PROJECTS. 

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

19 amended by striking paragraph (2)(A) and inserting the 

20 following: 

21 ‘‘(A) IN GENERAL.—From administrative 

22 funds made available under section 104(a), the 

23 Secretary shall deduct such sums as are nec24 essary, not to exceed $4,000,000 for each fiscal 

25 year, to carry out this section.’’. 
56 

† HR 22 EAS 

1 SEC. 11008. BUNDLING OF BRIDGE PROJECTS. 

2 Section 144 of title 23, United States Code, is amend3 ed— 

4 (1) in subsection (c)(2)(A), by striking ‘‘the nat5 ural condition of the bridge’’ and inserting ‘‘the nat6 ural condition of the water’’; 

7 (2) by redesignating subsection (j) as subsection 

8 (k); 

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

10 ‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 

11 ‘‘(1) PURPOSE.—The purpose of this subsection 

12 is to save costs and time by encouraging States to 

13 bundle multiple bridge projects as 1 project. 

14 ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this 

15 subsection, the term ‘eligible entity’ means an entity 

16 eligible to carry out a bridge project under section 

17 119 or 133. 

18 ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli19 gible entity may bundle 2 or more similar bridge 

20 projects that are— 

21 ‘‘(A) eligible projects under section 119 or 

22 133; 

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

24 transportation improvement program under sec25 tion 134(j) or a statewide transportation im-
57 

† HR 22 EAS 

1 provement program under section 135, as appli2 cable; and 

3 ‘‘(C) awarded to a single contractor or con4 sultant pursuant to a contract for engineering 

5 and design or construction between the con6 tractor and an eligible entity. 

7 ‘‘(4) ITEMIZATION.—Notwithstanding any other 

8 provision of law (including regulations), an eligible 

9 bridge project included in a bundle under this sub10 section may be listed as— 

11 ‘‘(A) 1 project for purposes of sections 134 

12 and 135; and 

13 ‘‘(B) a single project within the applicable 

14 bundle. 

15 ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects 

16 bundled under this subsection shall have the same fi17 nancial characteristics, including— 

18 ‘‘(A) the same funding category or sub19 category; and 

20 ‘‘(B) the same Federal share.’’; and 

21 (4) in subsection (k)(2) (as redesignated by para22 graph (2)), by striking ‘‘104(b)(3)’’ and inserting 

23 ‘‘104(b)(2)’’. 
58 

† HR 22 EAS 

1 SEC. 11009. FLEXIBILITY FOR CERTAIN RURAL ROAD AND 

2 BRIDGE PROJECTS. 

3 (a) AUTHORITY.—With respect to rural road and rural 

4 bridge projects eligible for funding under title 23, United 

5 States Code, subject to the provisions of this section and 

6 on request by a State, the Secretary may— 

7 (1) exercise all existing flexibilities under and 

8 exceptions to— 

9 (A) the requirements of title 23, United 

10 States Code; and 

11 (B) other requirements administered by the 

12 Secretary, in whole or part; and 

13 (2) otherwise provide additional flexibility or ex14 pedited processing with respect to the requirements 

15 described in paragraph (1). 

16 (b) TYPES OF PROJECTS.—A rural road or rural 

17 bridge project under this section shall— 

18 (1) be located in a county that, based on the 

19 most recent decennial census— 

20 (A) has a population density of 80 or fewer 

21 persons per square mile of land area; or 

22 (B) is the county that has the lowest popu23 lation density of all counties in the State; 

24 (2) be located within the operational right-of25 way (as defined in section 1316(b) of MAP–21 (23 
59 

† HR 22 EAS 

1 U.S.C. 109 note; 126 Stat. 549)) of an existing road 

2 or bridge; and 

3 (3)(A) receive less than $5,000,000 of Federal 

4 funds; or 

5 (B) have a total estimated cost of not more 

6 than $30,000,000 and Federal funds comprising 

7 less than 15 percent of the total estimated project 

8 cost. 

9 (c) PROCESS TO ASSIST RURAL PROJECTS.— 

10 (1) ASSISTANCE WITH FEDERAL REQUIRE11 MENTS.— 

12 (A) IN GENERAL.—For projects under this 

13 section, the Secretary shall seek to provide, to the 

14 maximum extent practicable, regulatory relief 

15 and flexibility consistent with this section. 

16 (B) EXCEPTIONS, EXEMPTIONS, AND ADDI17 TIONAL FLEXIBILITY.—Exceptions, exemptions, 

18 and additional flexibility from regulatory re19 quirements may be granted if, in the opinion of 

20 the Secretary— 

21 (i) the project is not expected to have 

22 a significant adverse impact on the environ23 ment; 

24 (ii) the project is not expected to have 

25 an adverse impact on safety; and 
60 

† HR 22 EAS 

1 (iii) the assistance would be in the 

2 public interest for 1 or more reasons, in3 cluding— 

4 (I) reduced project costs; 

5 (II) expedited construction, par6 ticularly in an area where the con7 struction season is relatively short and 

8 not granting the waiver or additional 

9 flexibility could delay the project to a 

10 later construction season; or 

11 (III) improved safety. 

12 (2) MAINTAINING PROTECTIONS.—Nothing in 

13 this subsection— 

14 (A) waives the requirements of section 113 

15 or 138 of title 23, United States Code; 

16 (B) supersedes, amends, or modifies— 

17 (i) the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4321 et seq.) or any 

19 other Federal environmental law; or 

20 (ii) any requirement of title 23, United 

21 States Code; or 

22 (C) affects the responsibility of any Federal 

23 officer to comply with or enforce any law or re24 quirement described in this paragraph. 
61 

† HR 22 EAS 

1 SEC. 11010. CONSTRUCTION OF FERRY BOATS AND FERRY 

2 TERMINAL FACILITIES. 

3 (a) CONSTRUCTION OF FERRY BOATS AND FERRY

4 TERMINAL FACILITIES.—Section 147 of title 23, United 

5 States Code, is amended— 

6 (1) in subsection (a), by striking ‘‘IN GENERAL’’ 

7 and inserting ‘‘PROGRAM’’; 

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

9 inserting the following: 

10 ‘‘(d) FORMULA.—Of the amounts allocated under sub11 section (c)— 

12 ‘‘(1) 35 percent shall be allocated among eligible 

13 entities in the proportion that— 

14 ‘‘(A) the number of ferry passengers, includ15 ing passengers in vehicles, carried by each ferry 

16 system in the most recent calendar year for 

17 which data is available; bears to 

18 ‘‘(B) the number of ferry passengers, includ19 ing passengers in vehicles, carried by all ferry 

20 systems in the most recent calendar year for 

21 which data is available; 

22 ‘‘(2) 35 percent shall be allocated among eligible 

23 entities in the proportion that— 

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

25 ferry system in the most recent calendar year for 

26 which data is available; bears to 
62 

† HR 22 EAS 

1 ‘‘(B) the number of vehicles carried by all 

2 ferry systems in the most recent calendar year 

3 for which data is available; and 

4 ‘‘(3) 30 percent shall be allocated among eligible 

5 entities in the proportion that— 

6 ‘‘(A) the total route nautical miles serviced 

7 by each ferry system in the most recent calendar 

8 year for which data is available; bears to 

9 ‘‘(B) the total route nautical miles serviced 

10 by all ferry systems in the most recent calendar 

11 year for which data is available. 

12 ‘‘(e) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.— 

13 The Secretary shall— 

14 ‘‘(1) withdraw amounts allocated to an eligible 

15 entity under subsection (c) that remain unobligated 

16 by the end of the third fiscal year following the fiscal 

17 year for which the amounts were allocated; and 

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

19 the funds referred to in paragraph (1) in accordance 

20 with the formula under subsection (d) among eligible 

21 entities for which no amounts were withdrawn under 

22 paragraph (1). 

23 ‘‘(f) MINIMUM AMOUNT.—Notwithstanding subsection 

24 (c), a State with an eligible entity that meets the require-
63 

† HR 22 EAS 

1 ments of this section shall receive not less than $100,000 

2 under this section for a fiscal year. 

3 ‘‘(g) IMPLEMENTATION.— 

4 ‘‘(1) DATA COLLECTION.— 

5 ‘‘(A) NATIONAL FERRY DATABASE.— 

6 Amounts made available for a fiscal year under 

7 this section shall be allocated using the most re8 cent data available, as collected and imputed in 

9 accordance with the national ferry database es10 tablished under section 1801(e) of SAFETEA– 

11 LU (23 U.S.C. 129 note; 119 Stat. 1456). 

12 ‘‘(B) ELIGIBILITY FOR FUNDING.—To be eli13 gible to receive funds under subsection (c), data 

14 shall have been submitted in the most recent col15 lection of data for the national ferry database 

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

17 U.S.C. 129 note; 119 Stat. 1456) for at least 1 

18 ferry service within the State. 

19 ‘‘(2) ADJUSTMENTS.—On review of the data sub20 mitted under paragraph (1)(B), the Secretary may 

21 make adjustments to the data as the Secretary deter22 mines necessary to correct misreported or inconsistent 

23 data. 

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

25 authorized to be appropriated out of the Highway Trust 
64 

† HR 22 EAS 

1 Fund (other than the Mass Transit Account) to carry out 

2 this section $80,000,000 for each of fiscal years 2016 

3 through 2021. 

4 ‘‘(i) PERIOD OF AVAILABILITY.—Notwithstanding sec5 tion 118(b), funds made available to carry out this section 

6 shall remain available until expended. 

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

8 that are applicable to the National Highway System, other 

9 than provisions relating to apportionment formula and 

10 Federal share, shall apply to funds made available to carry 

11 out this section, except as determined by the Secretary to 

12 be inconsistent with this section.’’. 

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

14 of SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. 1456) is 

15 amended by striking subparagraph (D) and inserting the 

16 following: 

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

18 made available for each fiscal year to carry out 

19 chapter 63 of title 49, not more than $500,000 

20 to maintain the database.’’. 

21 (c) CONFORMING AMENDMENTS.—Section 129(c) of 

22 title 23, United States Code, is amended— 

23 (1) in paragraph (2), in the first sentence, by in24 serting ‘‘, or on a public transit ferry eligible under 

25 chapter 53 of title 49’’ after ‘‘Interstate System’’; 
65 

† HR 22 EAS 

1 (2) in paragraph (3)— 

2 (A) by striking ‘‘(3) Such ferry’’ and insert3 ing ‘‘(3)(A) The ferry’’; and 

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

5 ‘‘(B) Any Federal participation shall not 

6 involve the construction or purchase, for private 

7 ownership, of a ferry boat, ferry terminal facil8 ity, or other eligible project under this section.’’; 

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

10 and inserting ‘‘repair,’’; and 

11 (4) by striking paragraph (6) and inserting the 

12 following: 

13 ‘‘(6) The ferry service shall be maintained in ac14 cordance with section 116. 

15 ‘‘(7)(A) No ferry boat or ferry terminal with 

16 Federal participation under this title may be sold, 

17 leased, or otherwise disposed of, except in accordance 

18 with part 18 of title 49, Code of Federal Regulations 

19 (as in effect on December 18, 2014). 

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

21 disposition referred to in subparagraph (A) shall be 

22 used for eligible purposes under this title.’’. 

23 SEC. 11011. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

24 Section 148 of title 23, United States Code, is amend25 ed— 
66 

† HR 22 EAS 

1 (1) in subsection (a)— 

2 (A) in paragraph (4)(B)— 

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

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

5 and inserting ‘‘only includes’’; and 

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

7 ‘‘(xxv) Installation of vehicle-to-infra8 structure communication equipment. 

9 ‘‘(xxvi) Pedestrian hybrid beacons. 

10 ‘‘(xxvii) Roadway improvements that 

11 provide separation between pedestrians and 

12 motor vehicles, including medians and pe13 destrian crossing islands. 

14 ‘‘(xxviii) An infrastructure safety 

15 project not described in clauses (i) through 

16 (xxvii).’’; and 

17 (B) by striking paragraph (10) and redesig18 nating paragraphs (11) through (13) as para19 graphs (10) through (12), respectively; 

20 (2) in subsection (c)(1)(A), by striking ‘‘sub21 section (a)(12)’’ and inserting ‘‘subsection (a)(11)’’; 

22 (3) in subsection (d)(2)(B)(i), by striking ‘‘sub23 section (a)(12)’’ and inserting ‘‘subsection (a)(11)’’; 

24 and 

25 (4) in subsection (g)(1)— 
67 

† HR 22 EAS 

1 (A) by striking ‘‘increases’’ and inserting 

2 ‘‘does not decrease’’; and 

3 (B) by inserting ‘‘and exceeds the national 

4 fatality rate on rural roads,’’ after ‘‘available,’’. 

5 SEC. 11012. DATA COLLECTION ON UNPAVED PUBLIC 

6 ROADS. 

7 Section 148 of title 23, United States Code, is amended 

8 by adding at the end the following: 

9 ‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC

10 ROADS.— 

11 ‘‘(1) IN GENERAL.—A State may elect not to col12 lect fundamental data elements for the model inven13 tory of roadway elements on public roads that are 

14 gravel roads or otherwise unpaved if— 

15 ‘‘(A)(i) more than 45 percent of the public 

16 roads in the State are gravel roads or otherwise 

17 unpaved; and 

18 ‘‘(ii) less than 10 percent of fatalities in the 

19 State occur on those unpaved public roads; or 

20 ‘‘(B)(i) more than 70 percent of the public 

21 roads in the State are gravel roads or otherwise 

22 unpaved; and 

23 ‘‘(ii) less than 25 percent of fatalities in the 

24 State occur on those unpaved public roads. 
68 

† HR 22 EAS 

1 ‘‘(2) CALCULATION.—The percentages described 

2 in paragraph (1) shall be based on the average for the 

3 5 most recent years for which relevant data is avail4 able. 

5 ‘‘(3) USE OF FUNDS.—If a State elects not to col6 lect data on a road described in paragraph (1), the 

7 State shall not use funds provided to carry out this 

8 section for a project on that road until the State com9 pletes a collection of the required model inventory of 

10 roadway elements for the road.’’. 

11 SEC. 11013. CONGESTION MITIGATION AND AIR QUALITY IM12 PROVEMENT PROGRAM. 

13 Section 149 of title 23, United States Code, is amend14 ed— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1)(A)(i)(I), by inserting 

17 ‘‘in the designated nonattainment area’’ after 

18 ‘‘air quality standard’’; 

19 (B) in paragraph (3), by inserting ‘‘or 

20 maintenance’’ after ‘‘likely to contribute to the 

21 attainment’’; 

22 (C) in paragraph (4), by striking ‘‘attain23 ment of’’ and inserting ‘‘attainment or mainte24 nance of the area of’’; and 

25 (D) in paragraph (8)(A)(ii)— 
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1 (i) in the matter preceding subclause 

2 (I), by inserting ‘‘or port-related freight op3 erations’’ after ‘‘construction projects’’; and 

4 (ii) in subclause (II), by inserting ‘‘or 

5 chapter 53 of title 49’’ after ‘‘this title’’; 

6 (2) in subsection (c)(2), by inserting ‘‘(giving 

7 priority to corridors designated under section 151)’’ 

8 after ‘‘at any location in the State’’; 

9 (3) in subsection (d)— 

10 (A) in paragraph (2)— 

11 (i) in subparagraph (A)— 

12 (I) in the matter preceding clause 

13 (i), by inserting ‘‘would otherwise be 

14 eligible under subsection (b) if the 

15 project were carried out in a non16 attainment or maintenance area or’’ 

17 after ‘‘may use for any project that’’; 

18 and 

19 (II) in clause (i), by striking 

20 ‘‘(excluding the amount of funds re21 served under paragraph (1))’’; and 

22 (ii) in subparagraph (B)(i), by strik23 ing ‘‘MAP–21t’’ and inserting ‘‘MAP–21’’; 

24 and 
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† HR 22 EAS 

1 (B) in paragraph (3), by inserting ‘‘, in a 

2 manner consistent with the approach that was in 

3 effect on the day before the date of enactment of 

4 MAP–21,’’ after ‘‘the Secretary shall modify’’; 

5 (4) in subsection (g)— 

6 (A) in paragraph (2)(B), by striking ‘‘not 

7 later that’’ and inserting ‘‘not later than’’; 

8 (B) in paragraph (3)— 

9 (i) by striking ‘‘States and metropoli10 tan’’ and inserting the following: 

11 ‘‘(A) IN GENERAL.—States and metropoli12 tan’’; 

13 (ii) by striking ‘‘are proven to reduce’’ 

14 and inserting ‘‘reduce directly emitted’’; 

15 and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(B) USE OF PRIORITY FUNDING.—To the 

19 maximum extent practicable, PM2.5 priority 

20 funding shall be used on the most cost-effective 

21 projects and programs that are proven to reduce 

22 directly emitted fine particulate matter.’’; 

23 (5) in subsection (k)— 

24 (A) in paragraph (1)— 
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1 (i) by striking ‘‘that has a nonattain2 ment or maintenance area’’ and inserting 

3 ‘‘that has 1 or more nonattainment or 

4 maintenance areas’’; 

5 (ii) by striking ‘‘a nonattainment or 

6 maintenance area that are’’ and inserting 

7 ‘‘the nonattainment or maintenance areas 

8 that are’’; 

9 (iii) by striking ‘‘such area’’ both 

10 places it appears and inserting ‘‘such 

11 areas’’; and 

12 (iv) by striking ‘‘such fine particulate’’ 

13 and inserting ‘‘directly-emitted fine partic14 ulate’’; 

15 (B) in paragraph (2), by striking ‘‘highway 

16 construction’’ and inserting ‘‘transportation con17 struction’’; and 

18 (C) by adding at the end the following: 

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

20 IN LOW POPULATION DENSITY STATES.— 

21 ‘‘(A) EXCEPTION.—In any State with a 

22 population density of 80 or fewer persons per 

23 square mile of land area, based on the most re24 cent decennial census, the requirements under 

25 subsection (g)(3) and paragraphs (1) and (2) of 
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† HR 22 EAS 

1 this subsection shall not apply to a nonattain2 ment or maintenance area in the State if— 

3 ‘‘(i) the nonattainment or maintenance 

4 area does not have projects that are part of 

5 the emissions analysis of a metropolitan 

6 transportation plan or transportation im7 provement program; and 

8 ‘‘(ii) regional motor vehicle emissions 

9 are an insignificant contributor to the air 

10 quality problem for PM2.5 in the non11 attainment or maintenance area. 

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

13 applies to a nonattainment or maintenance area 

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

15 under paragraph (1) shall be reduced for that 

16 State proportionately based on the weighted pop17 ulation of the area in fine particulate matter 

18 nonattainment. 

19 ‘‘(4) PORT-RELATED EQUIPMENT AND VEHI20 CLES.—To meet the requirements under paragraph 

21 (1), a State or metropolitan planning organization 

22 may elect to obligate funds to the most cost-effective 

23 projects to reduce emissions from port-related landside 

24 nonroad or on-road equipment that is operated with-
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† HR 22 EAS 

1 in the boundaries of a PM2.5 nonattainment or 

2 maintenance area.’’; 

3 (6) in subsection (l)(1)(B), by inserting ‘‘air 

4 quality and traffic congestion’’ before ‘‘performance 

5 targets’’; and 

6 (7) in subsection (m), by striking ‘‘section 

7 104(b)(2)’’ and inserting ‘‘section 104(b)(4)’’. 

8 SEC. 11014. TRANSPORTATION ALTERNATIVES. 

9 (a) IN GENERAL.—Section 213 of title 23, United 

10 States Code, is amended— 

11 (1) by striking subsection (a) and inserting the 

12 following: 

13 ‘‘(a) RESERVATION OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

15 year, the Secretary shall set aside from the amount 

16 determined for a State under section 104(c) an 

17 amount determined for the State under paragraphs 

18 (2) and (3). 

19 ‘‘(2) TOTAL AMOUNT.—The total amount set 

20 aside for the program under this section shall be 

21 $850,000,000 for each fiscal year. 

22 ‘‘(3) STATE SHARE.—The Secretary shall dis23 tribute among the States the total set-aside amount 

24 under paragraph (2) so that each State receives an 

25 amount equal to the proportion that— 
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† HR 22 EAS 

1 ‘‘(A) the amount apportioned to the State 

2 for the transportation enhancements program for 

3 fiscal year 2009 under section 133(d)(2), as in 

4 effect on the day before the date of enactment of 

5 MAP–21 (Public Law 112–141; 126 Stat. 405); 

6 bears to 

7 ‘‘(B) the total amount of funds apportioned 

8 to all States for that fiscal year for the transpor9 tation enhancements program for fiscal year 

10 2009.’’; 

11 (2) in subsection (c)— 

12 (A) in paragraph (1)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘Of the funds’’ and 

15 all that follows through ‘‘shall be obligated 

16 under this section’’ in subparagraph (A) 

17 and inserting ‘‘Funds reserved in a State 

18 under this section shall be obligated’’; 

19 (ii) by striking subparagraph (B); 

20 (iii) by redesignating clauses (i) 

21 through (iii) as subparagraphs (A) through 

22 (C), respectively; 

23 (iv) in subparagraph (B) (as so redes24 ignated), by striking ‘‘greater than 5,000’’ 

25 and inserting ‘‘of 5,000 or more’’; and 
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1 (v) in subparagraph (C) (as so redesig2 nated), by striking ‘‘; and’’ and inserting a 

3 period; 

4 (B) in paragraph (2), by striking ‘‘para5 graph (1)(A)(i)’’ and inserting ‘‘paragraph 

6 (1)(A)’’; 

7 (C) in paragraph (3)(A)— 

8 (i) by striking ‘‘Except as provided in 

9 paragraph (1)(B), the’’ and inserting 

10 ‘‘The’’; and 

11 (ii) by striking ‘‘paragraph (1)(A)(i)’’ 

12 both places it appears and inserting ‘‘para13 graph (1)(A)’’; 

14 (D) in paragraph (4)(B)— 

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

16 the end; 

17 (ii) by redesignating clause (vii) as 

18 clause (viii); and 

19 (iii) by inserting after clause (vi) the 

20 following: 

21 ‘‘(vii) a nonprofit entity responsible for 

22 the administration of local transportation 

23 safety programs; and’’; and 

24 (E) in paragraph (5)— 
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† HR 22 EAS 

1 (i) by striking ‘‘For funds reserved’’ 

2 and inserting the following: 

3 ‘‘(A) IN GENERAL.—For funds reserved’’; 

4 (ii) by striking ‘‘paragraph (1)(A)(i)’’ 

5 and inserting ‘‘paragraph (1)(A)’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(B) NO RESTRICTION ON SUBALLOCA9 TION.—Nothing in this section prevents a metro10 politan planning organization from further sub11 allocating funds within the boundaries of the 

12 metropolitan planning area if a competitive 

13 process is implemented for the award of the sub14 allocated funds.’’; and 

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

16 ‘‘(h) ANNUAL REPORTS.— 

17 ‘‘(1) IN GENERAL.—Each State or metropolitan 

18 planning organization responsible for carrying out 

19 the requirements of this section shall submit to the 

20 Secretary an annual report that describes— 

21 ‘‘(A) the number of project applications re22 ceived for each fiscal year, including— 

23 ‘‘(i) the aggregate cost of the projects 

24 for which applications are received; and 
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† HR 22 EAS 

1 ‘‘(ii) the types of project to be carried 

2 out (as described in subsection (b)), ex3 pressed as percentages of the total appor4 tionment of the State under subsection (a); 

5 and 

6 ‘‘(B) the number of projects selected for 

7 funding for each fiscal year, including the aggre8 gate cost and location of projects selected. 

9 ‘‘(2) PUBLIC AVAILABILITY.—The Secretary shall 

10 make available to the public, in a user-friendly for11 mat on the website of the Department, a copy of each 

12 annual report submitted under paragraph (1). 

13 ‘‘(i) EXPEDITING INFRASTRUCTURE PROJECTS.— 

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

15 the date of enactment of this subsection, the Secretary 

16 shall develop regulations or guidance relating to the 

17 implementation of this section that encourages the use 

18 of the programmatic approaches to environmental re19 views, expedited procurement techniques, and other 

20 best practices to facilitate productive and timely ex21 penditure for projects that are small, low-impact, and 

22 constructed within an existing built environment. 

23 ‘‘(2) STATE PROCESSES.—The Secretary shall 

24 work with State departments of transportation to en25 sure that any regulation or guidance developed under 
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† HR 22 EAS 

1 paragraph (1) is consistently implemented by States 

2 and the Federal Highway Administration to avoid 

3 unnecessary delays in implementing projects and to 

4 ensure the effective use of Federal dollars.’’. 

5 (b) CONFORMING AMENDMENT.—Section 126(b) of title 

6 23, United States Code, is amended— 

7 (1) by striking ‘‘SET-ASIDES.—’’ and all that fol8 lows through ‘‘Funds that’’ in paragraph (1) and in9 serting ‘‘SET-ASIDES.—Funds that’’; 

10 (2) by striking ‘‘sections 104(d) and 133(d)’’ and 

11 inserting ‘‘sections 104(d), 133(d), and 213(c)’’; and 

12 (3) by striking paragraph (2). 

13 SEC. 11015. CONSOLIDATION OF PROGRAMS. 

14 Section 1519(a) of MAP–21 (Public Law 112–141; 126 

15 Stat. 574) is amended in the matter preceding paragraph 

16 (1) by striking ‘‘fiscal years 2013 and 2014’’ and inserting 

17 ‘‘fiscal years 2013 through 2021’’. 

18 SEC. 11016. STATE FLEXIBILITY FOR NATIONAL HIGHWAY 

19 SYSTEM MODIFICATIONS. 

20 (a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.—Not 

21 later than 90 days after the date of enactment of this Act, 

22 the Secretary shall issue guidance relating to working with 

23 State departments of transportation that request assistance 

24 from the division offices of the Federal Highway Adminis25 tration— 
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† HR 22 EAS 

1 (1) to review roads classified as principal arte2 rials in the State that were added to the National 

3 Highway System as of October 1, 2012, so as to com4 ply with section 103 of title 23, United States Code; 

5 and 

6 (2) to identify any necessary functional classi7 fication changes to rural and urban principal arte8 rials. 

9 (b) ADMINISTRATIVE ACTIONS.—The Secretary shall 

10 direct the division offices of the Federal Highway Adminis11 tration to work with the applicable State department of 

12 transportation that requests assistance under this section— 

13 (1) to assist in the review of roads in accordance 

14 with guidance issued under subsection (a); 

15 (2) to expeditiously review and facilitate requests 

16 from States to reclassify roads classified as principal 

17 arterials; and 

18 (3) in the case of a State that requests the with19 drawal of reclassified roads from the National High20 way System under section 103(b)(3) of title 23, 

21 United States Code, to carry out that withdrawal if 

22 the inclusion of the reclassified road in the National 

23 Highway System is not consistent with the needs and 

24 priorities of the community or region in which the re25 classified road is located. 
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† HR 22 EAS 

1 (c) NATIONAL HIGHWAY SYSTEM MODIFICATION REG2 ULATIONS.—The Secretary shall— 

3 (1) review the National Highway System modi4 fication process described in appendix D of part 470 

5 of title 23, Code of Federal Regulations (or successor 

6 regulations); and 

7 (2) take any action necessary to ensure that a 

8 State may submit to the Secretary a request to mod9 ify the National Highway System by withdrawing a 

10 road from the National Highway System. 

11 (d) REPORT TO CONGRESS.—Not later than 1 year 

12 after the date of enactment of this Act, and annually there13 after, the Secretary shall submit to the Committee on Envi14 ronment and Public Works of the Senate and the Committee 

15 on Transportation and Infrastructure of the House of Rep16 resentatives a report that includes a description of— 

17 (1) each request for reclassification of National 

18 Highway System roads; 

19 (2) the status of each request; and 

20 (3) if applicable, the justification for the denial 

21 by the Secretary of a request. 

22 (e) MODIFICATIONS TO THE NATIONAL HIGHWAY SYS23 TEM.—Section 103(b)(3)(A) of title 23, United States Code, 

24 is amended— 

25 (1) in the matter preceding clause (i)— 
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† HR 22 EAS 

1 (A) by striking ‘‘, including any modifica2 tion consisting of a connector to a major inter3 modal terminal,’’; and 

4 (B) by inserting ‘‘, including any modifica5 tion consisting of a connector to a major inter6 modal terminal or the withdrawal of a road 

7 from that system,’’ after ‘‘the National Highway 

8 System’’; and 

9 (2) in clause (ii)— 

10 (A) by striking ‘‘(ii) enhances’’ and insert11 ing ‘‘(ii)(I) enhances’’; 

12 (B) by striking the period at the end and 

13 inserting ‘‘; or’’; and 

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

15 ‘‘(II) in the case of the withdrawal of 

16 a road, is reasonable and appropriate.’’. 

17 SEC. 11017. TOLL ROADS, BRIDGES, TUNNELS, AND FER18 RIES. 

19 Section 129(a) of title 23, United States Code, is 

20 amended— 

21 (1) in paragraph (1)— 

22 (A) in subparagraph (B)— 

23 (i) by striking ‘‘(other than a highway 

24 on the Interstate System)’’; and 
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1 (ii) by inserting ‘‘non-HOV’’ after 

2 ‘‘toll-free’’ each place it appears; 

3 (B) by striking subparagraph (C); and 

4 (C) by redesignating subparagraphs (D) 

5 through (I) as subparagraphs (C) through (H), 

6 respectively; 

7 (2) by striking paragraph (4) and paragraph 

8 (6); 

9 (3) by redesignating paragraphs (5), (7), (8), 

10 (9), and (10) as paragraphs (4), (5), (6), (7), and (9), 

11 respectively; 

12 (4) in paragraph (4)(B) (as so redesignated), by 

13 striking ‘‘the Federal-aid system’’ and inserting ‘‘Fed14 eral-aid highways’’; and 

15 (5) by inserting after paragraph (7) (as so redes16 ignated) the following: 

17 ‘‘(8) EQUAL ACCESS FOR MOTORCOACHES.—A 

18 private motorcoach that serves the public shall be pro19 vided access to a toll facility under the same rates, 

20 terms, and conditions as public transportation buses 

21 in the State.’’. 

22 SEC. 11018. HOV FACILITIES. 

23 Section 166 of title 23, United States Code, is amend24 ed— 

25 (1) in subsection (b)— 
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† HR 22 EAS 

1 (A) by striking paragraph (4) and inserting 

2 the following: 

3 ‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.— 

4 ‘‘(A) IN GENERAL.—The State agency may 

5 allow vehicles not otherwise exempt under this 

6 subsection to use the HOV facility if the opera7 tors of the vehicles pay a toll charged by the 

8 agency for use of the facility and the agency— 

9 ‘‘(i) establishes a program that ad10 dresses how motorists can enroll and par11 ticipate in the toll program; 

12 ‘‘(ii) in the case of a high occupancy 

13 vehicle facility that affects a metropolitan 

14 area, submits to the Secretary a written 

15 statement that the metropolitan planning 

16 organization designated under section 134 

17 for the area has been consulted concerning 

18 the placement and amount of tolls on the 

19 converted facility; 

20 ‘‘(iii) develops, manages, and main21 tains a system that will automatically col22 lect the toll; and 

23 ‘‘(iv) establishes policies and proce24 dures— 
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† HR 22 EAS 

1 ‘‘(I) to manage the demand to use 

2 the facility by varying the toll amount 

3 that is charged; 

4 ‘‘(II) to enforce violations of the 

5 use of the facility; and 

6 ‘‘(III) to ensure that private 

7 motorcoaches that serve the public are 

8 provided access to the facility under 

9 the same rates, terms, and conditions, 

10 as public transportation buses in the 

11 State. 

12 ‘‘(B) EXEMPTION FROM TOLLS.—In levying 

13 a toll on a facility under subparagraph (A), a 

14 State agency may— 

15 ‘‘(i) designate classes of vehicles that 

16 are exempt from the toll; and 

17 ‘‘(ii) charge different toll rates for dif18 ferent classes of vehicles.’’; 

19 (B) in paragraph (5), by striking subpara20 graph (A) and inserting the following: 

21 ‘‘(A) INHERENTLY LOW EMISSION VEHI22 CLE.—If a State agency establishes procedures 

23 for enforcing the restrictions on the use of a 

24 HOV facility by vehicles described in clauses (i) 
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† HR 22 EAS 

1 and (ii), the State agency may allow the use of 

2 the HOV facility by— 

3 ‘‘(i) alternative fuel vehicles; and 

4 ‘‘(ii) any motor vehicle described in 

5 section 30D(d)(1) of the Internal Revenue 

6 Code of 1986.’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘Tolls’’ and inserting 

10 ‘‘Notwithstanding section 301, tolls’’; and 

11 (ii) by striking ‘‘notwithstanding sec12 tion 301 and, except as provided in para13 graphs (2) and (3)’’; 

14 (B) by striking paragraph (2); and 

15 (C) by redesignating paragraph (3) as 

16 paragraph (2); 

17 (3) in subsection (d)(1), by striking subpara18 graphs (D) and (E) and inserting the following: 

19 ‘‘(D) MAINTENANCE OF OPERATING PER20 FORMANCE.— 

21 ‘‘(i) SUBMISSION OF PLAN.—Not later 

22 than 180 days after the date on which a fa23 cility is degraded under paragraph (2), the 

24 State agency with jurisdiction over the fa25 cility shall submit to the Secretary for ap-
86 

† HR 22 EAS 

1 proval a plan that details the actions the 

2 State agency will take to bring the facility 

3 into compliance with the minimum average 

4 operating speed performance standard 

5 through changes to operation of the facility, 

6 including— 

7 ‘‘(I) increasing the occupancy re8 quirement for HOV lanes; 

9 ‘‘(II) varying the toll charged to 

10 vehicles allowed under subsection (b) to 

11 reduce demand; 

12 ‘‘(III) discontinuing allowing 

13 non-HOV vehicles to use HOV lanes 

14 under subsection (b); or 

15 ‘‘(IV) increasing the available ca16 pacity of the HOV facility. 

17 ‘‘(ii) NOTICE OF APPROVAL OR DIS18 APPROVAL.—Not later than 60 days after 

19 the date of receipt of a plan under clause 

20 (i), the Secretary shall provide to the State 

21 agency a written notice indicating whether 

22 the Secretary has approved or disapproved 

23 the plan based on a determination of wheth24 er the implementation of the plan will bring 

25 the HOV facility into compliance. 
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† HR 22 EAS 

1 ‘‘(iii) BIANNUAL PROGRESS UP2 DATES.—Until the date on which the Sec3 retary determines that the State agency has 

4 brought the HOV facility into compliance 

5 with this subsection, the State agency shall 

6 submit biannual updates that describe— 

7 ‘‘(I) the actions taken to bring the 

8 HOV facility into compliance; and 

9 ‘‘(II) the progress made by those 

10 actions. 

11 ‘‘(E) COMPLIANCE.—The Secretary shall 

12 subject the State to appropriate program sanc13 tions under section 1.36 of title 23, Code of Fed14 eral Regulations (or successor regulations), until 

15 the performance is no longer degraded, if— 

16 ‘‘(i) the State agency fails to submit 

17 an approved action plan under subpara18 graph (D) to bring a degraded facility into 

19 compliance; or 

20 ‘‘(ii) after the State submits and the 

21 Secretary approves an action plan under 

22 subparagraph (D), the Secretary determines 

23 that, on a date that is not earlier than 1 

24 year after the approval of the action plan, 

25 the State agency is not making significant 
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† HR 22 EAS 

1 progress toward bringing the HOV facility 

2 into compliance with the minimum average 

3 operating speed performance standard.’’; 

4 and 

5 (4) in subsection (f)(1), in the matter preceding 

6 subparagraph (A), by inserting ‘‘solely’’ before ‘‘oper7 ating’’. 

8 SEC. 11019. INTERSTATE SYSTEM RECONSTRUCTION AND 

9 REHABILITATION PILOT PROGRAM. 

10 Section 1216(b) of the Transportation Equity Act for 

11 the 21st Century (Public Law 105–178; 112 Stat. 212) is 

12 amended— 

13 (1) in paragraph (3)— 

14 (A) in subparagraph (A), by striking ‘‘the 

15 age, condition, and intensity of use of the facil16 ity’’ and inserting ‘‘an analysis demonstrating 

17 that the facility has a significant age, condition, 

18 or intensity of use to require expedited recon19 struction or rehabilitation’’; 

20 (B) in subparagraph (D)(iii), by inserting 

21 ‘‘, and that demonstrates the capability of that 

22 agency to perform or oversee the building, oper23 ation, and maintenance of a toll expressway sys24 tem meeting criteria for the Interstate System’’ 

25 before the semicolon at the end; and 
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† HR 22 EAS 

1 (C) by adding at the end the following: 

2 ‘‘(E) An analysis showing how the State 

3 plan for implementing tolls on the facility takes 

4 into account the interests and use of local, re5 gional, and interstate travelers. 

6 ‘‘(F) An explanation of how the State will 

7 collect tolls using electronic toll collection, in8 cluding at highway speeds, if practicable. 

9 ‘‘(G) A plan describing the proposed loca10 tion for the collection of tolls on the facility, in11 cluding any locations in proximity to a State 

12 border. 

13 ‘‘(H) Approved documentation that the 

14 project— 

15 ‘‘(i) has received a categorical exclu16 sion, a finding of no significant impact, or 

17 a record of decision under the National En18 vironmental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.); and 

20 ‘‘(ii) complies with the Uniform Relo21 cation Assistance and Real Property Acqui22 sition Policies Act of 1970 (42 U.S.C. 4601 

23 et seq.).’’; 

24 (2) by striking paragraphs (4) and (6); 
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† HR 22 EAS 

1 (3) by redesignating paragraph (5) as para2 graph (4); 

3 (4) in paragraph (4)(as so redesignated)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘Before the Secretary may per6 mit’’ and inserting ‘‘As a condition of permit7 ting’’; 

8 (B) in subparagraph (A)— 

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

10 by striking ‘‘for—’’ and inserting ‘‘for per11 missible uses described in section 129(a)(3) 

12 of title 23, United States Code; and’’; and 

13 (ii) by striking clauses (i) through 

14 (iii); 

15 (5) by inserting after paragraph (4) (as so redes16 ignated) the following: 

17 ‘‘(5) APPLICATION PROCESSING PROCEDURE.— 

18 ‘‘(A) IN GENERAL.—Not later than 60 days 

19 after receipt of an application under this sub20 section, the Secretary shall provide to the appli21 cant a written notice informing the applicant 

22 whether— 

23 ‘‘(i) the application is complete and 

24 meets all requirements under this sub25 section; or 
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† HR 22 EAS 

1 ‘‘(ii) additional information or mate2 rials are needed— 

3 ‘‘(I) to complete the application; 

4 or 

5 ‘‘(II) to meet the eligibility re6 quirements under paragraph (3). 

7 ‘‘(B) ADDITIONAL INFORMATION OR MATE8 RIALS.— 

9 ‘‘(i) IN GENERAL.—Not later than 60 

10 days after receipt of an application, the 

11 Secretary shall— 

12 ‘‘(I) identify any additional in13 formation or materials that are needed 

14 under subparagraph (A)(ii); and 

15 ‘‘(II) provide to the applicant 

16 written notice specifying the details of 

17 the additional required information or 

18 materials. 

19 ‘‘(ii) AMENDED APPLICATION.—Not 

20 later than 60 days after receipt of the addi21 tional information under clause (i), the Sec22 retary shall determine if the amended ap23 plication is complete and meets all require24 ments under this subsection. 
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† HR 22 EAS 

1 ‘‘(C) TECHNICAL ASSISTANCE.—On the re2 quest of a State, the Secretary shall provide tech3 nical assistance to facilitate the development of 

4 a complete application under this paragraph 

5 that is likely to satisfy the eligibility criteria 

6 under paragraph (3). 

7 ‘‘(D) APPROVAL OF APPLICATION.—On 

8 written notice by the Secretary that the applica9 tion is complete and meets all requirements of 

10 this subsection, the project is considered ap11 proved and shall be permitted to participate in 

12 the program under this subsection. 

13 ‘‘(E) LIMITATION ON APPROVED APPLICA14 TION.— 

15 ‘‘(i) IN GENERAL.—For an application 

16 received under this subsection on or after 

17 the date of enactment of the DRIVE Act for 

18 the reconstruction or rehabilitation of a fa19 cility, a State shall— 

20 ‘‘(I) not later than 1 year after 

21 the date on which the application is 

22 approved, issue a solicitation for a 

23 contract to provide for the reconstruc24 tion or rehabilitation of the facility; 

25 and 
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† HR 22 EAS 

1 ‘‘(II) not later than 2 years after 

2 the date on which the application is 

3 approved, execute a contract for the re4 construction or rehabilitation of the fa5 cility. 

6 ‘‘(ii) PRIOR APPLICATIONS.—For an 

7 application that received a conditional pro8 visional approval under this subsection be9 fore the date of enactment of the DRIVE 

10 Act, for the reconstruction or rehabilitation 

11 of a facility, a State shall— 

12 ‘‘(I) not later than 1 year after 

13 the date of enactment of the DRIVE 

14 Act, issue a solicitation for a contract 

15 to provide for the reconstruction or re16 habilitation of the facility; and 

17 ‘‘(II) not later than 2 years after 

18 the date of enactment of the DRIVE 

19 Act, execute a contract for the recon20 struction or rehabilitation of the facil21 ity. 

22 ‘‘(iii) CANCELLATION OR EXTEN23 SION.—If an applicable deadline under 

24 clause (i) or (ii) is not met, the Secretary 

25 shall— 
94 

† HR 22 EAS 

1 ‘‘(I) cancel the application ap2 proval; or 

3 ‘‘(II) grant an extension of not 

4 more than 1 year for the applicable 

5 deadline, on the condition that— 

6 ‘‘(aa) there has been demon7 strable progress toward meeting 

8 the applicable requirements; and 

9 ‘‘(bb) the requirements are 

10 likely to be met within 1 year. 

11 ‘‘(6) LIMITATION ON THE USE OF NATIONAL

12 HIGHWAY PERFORMANCE PROGRAM FUNDS.—During 

13 the term of the pilot program, funds apportioned for 

14 the national highway performance program under 

15 section 104(b)(1) of title 23, United States Code, may 

16 not be used for a facility for which tolls are being col17 lected under the pilot program unless the funds are 

18 used for a maintenance purpose, as defined in section 

19 101(a) of title 23, United States Code.’’; 

20 (6) by redesignating paragraphs (7) and (8) as 

21 paragraphs (8) and (9), respectively; 

22 (7) by inserting after paragraph (6) the fol23 lowing: 
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1 ‘‘(7) WITHDRAWAL.—A State may elect to with2 draw participation of the State in the pilot program 

3 at any time.’’; and 

4 (8) in paragraph (8) (as redesignated by para5 graph (6)), by inserting ‘‘after the date of enactment 

6 of the DRIVE Act’’ after ‘‘10 years’’. 

7 SEC. 11020. EMERGENCY RELIEF FOR FEDERALLY OWNED 

8 ROADS. 

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

10 United States Code, is amended— 

11 (1) in subparagraph (A), by striking ‘‘or’’ at the 

12 end; 

13 (2) in subparagraph (B), by striking the period 

14 at the end and inserting ‘‘; or’’; and 

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

16 ‘‘(C) projects eligible for assistance under 

17 this section located on tribal transportation fa18 cilities, Federal lands transportation facilities, 

19 or other federally owned roads that are open to 

20 public travel (as defined in subsection (e)(1)).’’. 

21 (b) DEFINITION.—Section 125(e) of title 23, United 

22 States Code, is amended by striking paragraph (1) and in23 serting the following: 

24 ‘‘(1) DEFINITIONS.—In this subsection: 
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1 ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 

2 ‘open to public travel’ means, with respect to a 

3 road, that, except during scheduled periods, ex4 treme weather conditions, or emergencies, the 

5 road— 

6 ‘‘(i) is maintained; 

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

8 ‘‘(iii) can accommodate travel by a 

9 standard passenger vehicle, without restric10 tive gates or prohibitive signs or regula11 tions, other than for general traffic control 

12 or restrictions based on size, weight, or class 

13 of registration. 

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

15 term ‘standard passenger vehicle’ means a vehi16 cle with 6 inches of clearance from the lowest 

17 point of the frame, body, suspension, or differen18 tial to the ground.’’. 

19 SEC. 11021. BRIDGES REQUIRING CLOSURE OR LOAD RE20 STRICTIONS. 

21 Section 144(h) of title 23, United States Code, is 

22 amended— 

23 (1) by redesignating paragraphs (6) and (7) as 

24 paragraphs (7) and (8), respectively; 
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1 (2) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) BRIDGES REQUIRING CLOSURE OR LOAD RE4 STRICTIONS.— 

5 ‘‘(A) BRIDGES OWNED BY FEDERAL AGEN6 CIES OR TRIBAL GOVERNMENTS.—If a Federal 

7 agency or tribal government fails to ensure that 

8 any highway bridge that is open to public travel 

9 and located in the jurisdiction of the Federal 

10 agency or tribal government is properly closed or 

11 restricted to loads that the bridge can carry safe12 ly, the Secretary— 

13 ‘‘(i) shall, on learning of the need to 

14 close or restrict loads on the bridge, require 

15 the Federal agency or tribal government to 

16 take action necessary— 

17 ‘‘(I) to close the bridge within 48 

18 hours; or 

19 ‘‘(II) within 30 days, to restrict 

20 public travel on the bridge to loads 

21 that the bridge can carry safely; and 

22 ‘‘(ii) may, if the Federal agency or 

23 tribal government fails to take action re24 quired under clause (i), withhold all fund-
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1 ing authorized under this title for the Fed2 eral agency or tribal government.’’. 

3 ‘‘(B) OTHER BRIDGES.—If a State fails to 

4 ensure that any highway bridge, other than a 

5 bridge described in subparagraph (A), that is 

6 open to public travel and is located within the 

7 boundaries of the State is properly closed or re8 stricted to loads the bridge can carry safely, the 

9 Secretary— 

10 ‘‘(i) shall, on learning of the need to 

11 close or restrict loads on the bridge, require 

12 the State to take action necessary— 

13 ‘‘(I) to close the bridge within 48 

14 hours; or 

15 ‘‘(II) within 30 days, to restrict 

16 public travel on the bridge to loads 

17 that the bridge can carry safely; and 

18 ‘‘(ii) may, if the State fails to take ac19 tion required under clause (i), withhold ap20 proval for Federal-aid projects in that 

21 State.’’; and 

22 (3) in paragraph (8) (as redesignated by para23 graph (1)), by striking ‘‘(6)’’ and inserting ‘‘(7)’’. 
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1 SEC. 11022. NATIONAL ELECTRIC VEHICLE CHARGING AND 

2 NATURAL GAS FUELING CORRIDORS. 

3 (a) IN GENERAL.—Chapter 1 of title 23, United States 

4 Code, is amended by inserting after section 150 the fol5 lowing: 

6 ‘‘§ 151. National electric vehicle charging and natural 

7 gas fueling corridors 

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

9 date of enactment of the DRIVE Act, the Secretary shall 

10 designate national electric vehicle charging and natural gas 

11 fueling corridors that identify the near- and long-term need 

12 for, and location of, electric vehicle charging infrastructure 

13 and natural gas fueling infrastructure at strategic locations 

14 along major national highways to improve the mobility of 

15 passenger and commercial vehicles that employ electric and 

16 natural gas fueling technologies across the United States. 

17 ‘‘(b) DESIGNATION OF CORRIDORS.—In designating 

18 the corridors under subsection (a), the Secretary shall— 

19 ‘‘(1) solicit nominations from State and local of20 ficials for facilities to be included in the corridors; 

21 ‘‘(2) incorporate existing electric vehicle charging 

22 and natural gas fueling corridors designated by a 

23 State or group of States; and 

24 ‘‘(3) consider the demand for, and location of, 

25 existing electric vehicle charging and natural gas fuel26 ing infrastructure. 
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† HR 22 EAS 

1 ‘‘(c) STAKEHOLDERS.—In designating corridors under 

2 subsection (a), the Secretary shall involve, on a voluntary 

3 basis, stakeholders that include— 

4 ‘‘(1) the heads of other Federal agencies; 

5 ‘‘(2) State and local officials; 

6 ‘‘(3) representatives of— 

7 ‘‘(A) energy utilities; 

8 ‘‘(B) the electric and natural gas vehicle in9 dustries; 

10 ‘‘(C) the freight and shipping industry; 

11 ‘‘(D) clean technology firms; 

12 ‘‘(E) the hospitality industry; 

13 ‘‘(F) the restaurant industry; and 

14 ‘‘(G) highway rest stop vendors; and 

15 ‘‘(4) such other stakeholders as the Secretary de16 termines to be necessary. 

17 ‘‘(d) REDESIGNATION.—Not later than 5 years after 

18 the date of establishment of the corridors under subsection 

19 (a), and every 5 years thereafter, the Secretary shall update 

20 and redesignate the corridors. 

21 ‘‘(e) REPORT.—During designation and redesignation 

22 of the corridors under this section, the Secretary shall issue 

23 a report that— 

24 ‘‘(1) identifies electric vehicle charging and nat25 ural gas fueling infrastructure and standardization 
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1 needs for electricity providers, natural gas providers, 

2 infrastructure providers, vehicle manufacturers, elec3 tricity purchasers, and natural gas purchasers; and 

4 ‘‘(2) establishes an aspirational goal of achieving 

5 strategic deployment of electric vehicle charging and 

6 natural gas fueling infrastructure in those corridors 

7 by the end of fiscal year 2021.’’. 

8 (b) CONFORMING AMENDMENT.—The analysis of chap9 ter 1 of title 23, United States Code, is amended by striking 

10 the item relating to section 151 and inserting the following: 

‘‘151. National Electric Vehicle Charging and Natural Gas Fueling Corridors.’’. 

11 SEC. 11023. ASSET MANAGEMENT. 

12 (a) Section 119 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (f)(2)— 

15 (A) in subparagraph (A), by striking 

16 ‘‘structurally deficient’’ and inserting ‘‘being in 

17 poor condition’’; and 

18 (B) in subparagraph (B), by striking 

19 ‘‘structurally deficient’’ and inserting ‘‘being in 

20 poor condition’’; and 

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

22 ‘‘(h) CRITICAL INFRASTRUCTURE.— 

23 ‘‘(1) DEFINITION OF CRITICAL INFRASTRUC24 TURE.—In this subsection, the term ‘critical infra25 structure’ means those facilities the incapacity or fail-
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1 ure of which would have a debilitating impact on na2 tional or regional economic security, national or re3 gional energy security, national or regional public 

4 health or safety, or any combination of those matters. 

5 ‘‘(2) DESIGNATION.—The asset management plan 

6 of a State developed pursuant to subsection (e) may 

7 include a designation of a critical infrastructure net8 work of facilities from among those facilities in the 

9 State that are eligible under subsection (c). 

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

11 apportioned under this section for projects intended to 

12 reduce the risk of failure of facilities designated as 

13 being on the critical infrastructure network of the 

14 State.’’. 

15 (b) Section 144 of title 23, United States Code, is 

16 amended— 

17 (1) in subsection (a)(1)(B), by striking ‘‘defi18 cient’’; and 

19 (2) in subsection (b)(5), by striking ‘‘each struc20 turally deficient bridge’’ and inserting ‘‘each bridge 

21 in poor condition’’. 

22 (c) Section 202(d) of title 23, United States Code, is 

23 amended— 

24 (1) in paragraph (1), by striking ‘‘deficient’’; 
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1 (2) in paragraph (2)(B), by striking ‘‘deficient’’; 

2 and 

3 (3) in paragraph (3)— 

4 (A) in subparagraph (A), by striking the 

5 semicolon at the end and inserting ‘‘; and’’; 

6 (B) in subparagraph (B), by striking ‘‘; 

7 and’’ at the end and inserting a period; and 

8 (C) by striking subparagraph (C). 

9 SEC. 11024. TRIBAL TRANSPORTATION PROGRAM AMEND10 MENT. 

11 Section 202 of title 23, United States Code, is amend12 ed— 

13 (1) in subsection (a)(6), by striking ‘‘6 percent’’ 

14 and inserting ‘‘5 percent’’; and 

15 (2) in subsection (d)(2), in the matter preceding 

16 subparagraph (A) by striking ‘‘2 percent’’ and insert17 ing ‘‘3 percent’’. 

18 SEC. 11025. NATIONALLY SIGNIFICANT FEDERAL LANDS 

19 AND TRIBAL PROJECTS PROGRAM. 

20 (a) PURPOSE.—The Secretary shall establish a nation21 ally significant Federal lands and tribal projects program 

22 (referred to in this section as the ‘‘program’’) to provide 

23 funding to construct, reconstruct, or rehabilitate nationally 

24 significant Federal lands and tribal transportation 

25 projects. 
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1 (b) ELIGIBLE APPLICANTS.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), entities eligible to receive funds under sec4 tions 201, 202, 203, and 204 of title 23, United States 

5 Code, may apply for funding under the program. 

6 (2) SPECIAL RULE.—A State, county, or unit of 

7 local government may only apply for funding under 

8 the program if sponsored by an eligible Federal land 

9 management agency or Indian tribe. 

10 (c) ELIGIBLE PROJECTS.—An eligible project under 

11 the program shall be a single continuous project— 

12 (1) on a Federal lands transportation facility, a 

13 Federal lands access transportation facility, or a 

14 Tribal transportation facility (as those terms are de15 fined in section 101 of title 23, United States Code), 

16 except that such facility is not required to be included 

17 on an inventory described in sections 202 or 203 of 

18 title 23, United States Code; 

19 (2) for which completion of activities required 

20 under the National Environmental Policy Act of 1969 

21 (42 U.S.C. 4321 et seq.) has been demonstrated 

22 through— 

23 (A) a record of decision with respect to the 

24 project; 
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1 (B) a finding that the project has no sig2 nificant impact; or 

3 (C) a determination that the project is cat4 egorically excluded; and 

5 (3) having an estimated cost, based on the results 

6 of preliminary engineering, equal to or exceeding 

7 $25,000,0000, with priority consideration given to 

8 projects with an estimated cost equal to or exceeding 

9 $50,000,000. 

10 (d) ELIGIBLE ACTIVITIES.— 

11 (1) IN GENERAL.—Subject to paragraph (2), an 

12 eligible applicant receiving funds under the program 

13 may only use the funds for construction, reconstruc14 tion, and rehabilitation activities. 

15 (2) INELIGIBLE ACTIVITIES.—An eligible appli16 cant may not use funds received under the program 

17 for activities relating to project design. 

18 (e) APPLICATIONS.—Eligible applicants shall submit 

19 to the Secretary an application at such time, in such form, 

20 and containing such information as the Secretary may re21 quire. 

22 (f) SELECTION CRITERIA.—In selecting a project to re23 ceive funds under the program, the Secretary shall consider 

24 the extent to which the project— 
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1 (1) furthers the goals of the Department, includ2 ing state of good repair, environmental sustainability, 

3 economic competitiveness, quality of life, and safety; 

4 (2) improves the condition of critical multimodal 

5 transportation facilities; 

6 (3) needs construction, reconstruction, or reha7 bilitation; 

8 (4) is included in or eligible for inclusion in the 

9 National Register of Historic Places; 

10 (5) enhances environmental ecosystems; 

11 (6) uses new technologies and innovations that 

12 enhance the efficiency of the project; 

13 (7) is supported by funds, other than the funds 

14 received under the program, to construct, maintain, 

15 and operate the facility; 

16 (8) spans 2 or more States; and 

17 (9) serves land owned by multiple Federal agen18 cies or Indian tribes. 

19 (g) FEDERAL SHARE.—The Federal share of the cost 

20 of a project shall be 95 percent. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $150,000,000 for each of fiscal years 2016 through 2021, 

24 to remain available for a period of 3 fiscal years following 

25 the fiscal year for which the amounts were appropriated. 
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1 SEC. 11026. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 

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

3 amended— 

4 (1) in paragraph (6)(A)— 

5 (A) by redesignating clauses (i) and (ii) as 

6 subclauses (I) and (II), respectively; 

7 (B) in the matter preceding subclause (I) 

8 (as so redesignated), by striking ‘‘The Secre9 taries’’ and inserting the following: 

10 ‘‘(i) IN GENERAL.—The Secretaries’’; 

11 (C) by inserting a period after ‘‘tribal 

12 transportation program’’; and 

13 (D) by striking ‘‘in accordance with’’ and 

14 all that follows through ‘‘including—’’ and in15 serting the following: 

16 ‘‘(ii) REQUIREMENT.—Data collected 

17 to implement the tribal transportation pro18 gram shall be in accordance with the In19 dian Self-Determination and Education As20 sistance Act (25 U.S.C. 450 et seq.). 

21 ‘‘(iii) INCLUSIONS.—Data collected 

22 under this paragraph includes—’’; and 

23 (2) by striking paragraph (7) and inserting the 

24 following— 

25 ‘‘(7) COOPERATIVE RESEARCH AND TECHNOLOGY

26 DEPLOYMENT.—The Secretary may conduct coopera-
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1 tive research and technology deployment in coordina2 tion with Federal land management agencies, as de3 termined appropriate by the Secretary. 

4 ‘‘(8) FUNDING.— 

5 ‘‘(A) IN GENERAL.—To carry out the activi6 ties described in this subsection for Federal lands 

7 transportation facilities, Federal lands access 

8 transportation facilities, and other federally 

9 owned roads open to public travel (as that term 

10 is defined in section 125(e)), the Secretary shall 

11 combine and use not greater than 5 percent for 

12 each fiscal year of the funds authorized for pro13 grams under sections 203 and 204. 

14 ‘‘(B) OTHER ACTIVITIES.—In addition to 

15 the activities described in subparagraph (A), 

16 funds described under that subparagraph may be 

17 used for— 

18 ‘‘(i) bridge inspections on any federally 

19 owned bridge even if that bridge is not in20 cluded on the inventory described under sec21 tion 203; and 

22 ‘‘(ii) transportation planning activities 

23 carried out by Federal land management 

24 agencies eligible for funding under this 

25 chapter.’’. 
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1 SEC. 11027. FEDERAL LANDS TRANSPORTATION PROGRAM. 

2 Section 203 of title 23, United States Code, is amend3 ed— 

4 (1) in subsection (a)(1)— 

5 (A) in subparagraph (B), by striking ‘‘oper6 ation’’ and inserting ‘‘capital, operations,’’; and 

7 (B) in subparagraph (D), by striking ‘‘sub8 paragraph (A)(iv)’’ and inserting ‘‘subpara9 graph (A)(iv)(I)’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (1)(B)— 

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

13 the end; 

14 (ii) in clause (v), by striking the pe15 riod at the end and inserting a semicolon; 

16 and 

17 (iii) by adding at the end the fol18 lowing: 

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

20 ‘‘(vii) independent Federal agencies 

21 with natural resource and land manage22 ment responsibilities.’’; and 

23 (B) in paragraph (2)(B), in the matter pre24 ceding clause (i), by inserting ‘‘performance 

25 management, including’’ after ‘‘support’’; and 
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† HR 22 EAS 

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

2 the following: 

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

4 SEC. 11028. INNOVATIVE PROJECT DELIVERY. 

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

6 amended— 

7 (1) in subparagraph (A)(ii)— 

8 (A) by inserting ‘‘engineering or design ap9 proaches,’’ after ‘‘technologies,’’; and 

10 (B) by striking ‘‘or contracting’’ and insert11 ing ‘‘or contracting or project delivery’’; and 

12 (2) in subparagraph (B)(iii), by inserting ‘‘and 

13 alternative bidding’’ before the semicolon at the end. 

14 SEC. 11029. OBLIGATION AND RELEASE OF FUNDS. 

15 Section 118(c)(2) of title 23, United States Code, is 

16 amended— 

17 (1) in the matter preceding subparagraph (A), 

18 by striking ‘‘Any funds’’ and inserting the following: 

19 ‘‘(A) IN GENERAL.—Any funds’’; 

20 (2) by redesignating subparagraphs (A) and (B) 

21 as clauses (i) and (ii), respectively, and indenting ap22 propriately; and 

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

24 ‘‘(B) SAME CLASS OF FUNDS NO LONGER

25 AUTHORIZED.—If the same class of funds de-
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1 scribed in subparagraph (A)(i) is no longer au2 thorized in the most recent authorizing law, the 

3 funds may be credited to a similar class of 

4 funds, as determined by the Secretary.’’. 

5 Subtitle B—Acceleration of Project 

6 Delivery 

7 SEC. 11101. CATEGORICAL EXCLUSION FOR PROJECTS OF 

8 LIMITED FEDERAL ASSISTANCE. 

9 Section 1317 of MAP–21 (23 U.S.C. 109 note; Public 

10 Law 112–141) is amended— 

11 (1) in the matter preceding paragraph (1), by 

12 striking ‘‘Not later than’’ and inserting the following: 

13 ‘‘(a) IN GENERAL.—Not later than’’; and 

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

15 ‘‘(b) INFLATIONARY ADJUSTMENT.—The dollar 

16 amounts described in subsection (a) shall be adjusted for 

17 inflation— 

18 ‘‘(1) effective October 1, 2015, to reflect changes 

19 since July 1, 2012, in the Consumer Price Index for 

20 All Urban Consumers published by the Bureau of 

21 Labor Statistics of the Department of Labor; and 

22 ‘‘(2) effective October 1, 2016, and each suc23 ceeding October 1, to reflect changes for the preceding 

24 12-month period in the Consumer Price Index for All 
112 

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1 Urban Consumers published by the Bureau of Labor 

2 Statistics of the Department of Labor.’’. 

3 SEC. 11102. PROGRAMMATIC AGREEMENT TEMPLATE. 

4 (a) IN GENERAL.—Section 1318 of MAP–21 (23 

5 U.S.C. 109 note; Public Law 112–141) is amended by add6 ing at the end the following: 

7 ‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— 

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

9 a template programmatic agreement described in sub10 section (d) that provides for efficient and adequate 

11 procedures for evaluating Federal actions described in 

12 section 771.117(c) of title 23, Code of Federal Regula13 tions (as in effect on the date of enactment of this 

14 subsection). 

15 ‘‘(2) USE OF TEMPLATE.—The Secretary— 

16 ‘‘(A) on receipt of a request from a State, 

17 shall use the template programmatic agreement 

18 developed under paragraph (1) in carrying out 

19 this section; and 

20 ‘‘(B) on consent of the applicable State, 

21 may modify the template as necessary to address 

22 the unique needs and characteristics of the State. 

23 ‘‘(3) OUTCOME MEASUREMENTS.—The Secretary 

24 shall establish a method to verify that actions de25 scribed in section 771.117(c) of title 23, Code of Fed-
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1 eral Regulations (as in effect on the date of enactment 

2 of this subsection), are evaluated and documented in 

3 a consistent manner by the State that uses the tem4 plate programmatic agreement under this sub5 section.’’. 

6 (b) CATEGORICAL EXCLUSION DETERMINATIONS.—Not 

7 later than 30 days after the date of enactment of this Act, 

8 the Secretary shall revise section 771.117(g) of title 23, Code 

9 of Federal Regulations, to allow a programmatic agreement 

10 under this section to include responsibility for making cat11 egorical exclusion determinations— 

12 (1) for actions described in subsections (c) and 

13 (d) of section 771.117 of title 23, Code of Federal Reg14 ulations; and 

15 (2) that meet the criteria for a categorical exclu16 sion under section 1508.4 of title 40, Code of Federal 

17 Regulations (as in effect on the date of enactment of 

18 this Act), and are identified in the programmatic 

19 agreement. 

20 SEC. 11103. AGENCY COORDINATION. 

21 (a) ROLES AND RESPONSIBILITY OF LEAD AGENCY.— 

22 Section 139(c)(6) of title 23, United States Code, is amend23 ed— 

24 (1) in subparagraph (A), by striking ‘‘and’’ at 

25 the end; 
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1 (2) in subparagraph (B), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(C) to consider and respond to comments 

5 received from participating agencies on matters 

6 within the special expertise or jurisdiction of the 

7 participating agencies.’’. 

8 (b) PARTICIPATING AGENCY RESPONSIBILITIES.—Sec9 tion 139(d) of title 23, United States Code, is amended by 

10 adding at the end the following: 

11 ‘‘(8) PARTICIPATING AGENCY RESPONSIBIL12 ITIES.—An agency participating in the collaborative 

13 environmental review process under this section 

14 shall— 

15 ‘‘(A) provide comments, responses, studies, 

16 or methodologies on those areas within the spe17 cial expertise or jurisdiction of the Federal par18 ticipating or cooperating agency; and 

19 ‘‘(B) use the process to address any environ20 mental issues of concern to the participating or 

21 cooperating agency.’’. 

22 SEC. 11104. INITIATION OF ENVIRONMENTAL REVIEW PROC23 ESS. 

24 Section 139 of title 23, United States Code, is amend25 ed— 
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† HR 22 EAS 

1 (1) in subsection (a), by striking paragraph (6) 

2 and inserting the following: 

3 ‘‘(6) PROJECT.— 

4 ‘‘(A) IN GENERAL.—The term ‘project’ 

5 means any highway project, public transpor6 tation capital project, or multimodal project 

7 that, if implemented as proposed by the project 

8 sponsor, would require approval by any oper9 ating administration or secretarial office within 

10 the Department. 

11 ‘‘(B) CONSIDERATIONS.—For purposes of 

12 this paragraph, the Secretary shall take into ac13 count, if known, any sources of Federal funding 

14 or financing identified by the project sponsor, 

15 including discretionary grant, loan, and loan 

16 guarantee programs administered by the Depart17 ment.’’; 

18 (2) in subsection (e)— 

19 (A) in paragraph (1), by inserting ‘‘(in20 cluding any additional information that the 

21 project sponsor considers to be important to ini22 tiate the process for the proposed project)’’ after 

23 ‘‘location of the proposed project’’; and 

24 (B) by adding at the end the following: 
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† HR 22 EAS 

1 ‘‘(3) REVIEW OF APPLICATION.—Not later than 

2 45 days after the date on which an application is re3 ceived by the Secretary under this subsection, the Sec4 retary shall provide to the project sponsor a written 

5 response that, as applicable— 

6 ‘‘(A) describes the determination of the Sec7 retary— 

8 ‘‘(i) to initiate the environmental re9 view process, including a timeline and an 

10 expected date for the publication in the Fed11 eral Register of the relevant notice of intent; 

12 or 

13 ‘‘(ii) to decline the application, includ14 ing an explanation of the reasons for that 

15 decision; or 

16 ‘‘(B) requests additional information, and 

17 provides to the project sponsor an accounting, re18 garding what is necessary to initiate the envi19 ronmental review process. 

20 ‘‘(4) REQUEST TO DESIGNATE A LEAD AGENCY.— 

21 ‘‘(A) IN GENERAL.—Any project sponsor 

22 may submit a request to the Secretary to des23 ignate a specific operating administration or 

24 secretarial office within the Department of 
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† HR 22 EAS 

1 Transportation to serve as the Federal lead agen2 cy for a project. 

3 ‘‘(B) PROPOSED SCHEDULE.—A request 

4 under subparagraph (A) may include a proposed 

5 schedule for completing the environmental review 

6 process. 

7 ‘‘(C) SECRETARIAL ACTION.— 

8 ‘‘(i) IN GENERAL.—If a request under 

9 subparagraph (A) is received, the Secretary 

10 shall respond to the request not later than 

11 45 days after the date of receipt. 

12 ‘‘(ii) REQUIREMENTS.—The response 

13 shall— 

14 ‘‘(I) approve the request; 

15 ‘‘(II) deny the request, with an ex16 planation of the reasons; or 

17 ‘‘(III) require the submission of 

18 additional information. 

19 ‘‘(iii) ADDITIONAL INFORMATION.—If 

20 additional information is submitted in ac21 cordance with clause (ii)(III), the Secretary 

22 shall respond to that submission not later 

23 than 45 days after the date of receipt.’’; and 

24 (3) in subsection (f)(4), by adding at the end the 

25 following: 
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† HR 22 EAS 

1 ‘‘(E) REDUCTION OF DUPLICATION.— 

2 ‘‘(i) IN GENERAL.—In carrying out 

3 this paragraph, the lead agency shall reduce 

4 duplication, to the maximum extent prac5 ticable, between— 

6 ‘‘(I) the evaluation of alternatives 

7 under the National Environmental 

8 Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.); and 

10 ‘‘(II) the evaluation of alter11 natives in the metropolitan transpor12 tation planning process under section 

13 134 of title 23, United States Code, or 

14 an environmental review process car15 ried out under State law (referred to 

16 in this subparagraph as a ‘State envi17 ronmental review process’). 

18 ‘‘(ii) CONSIDERATION OF ALTER19 NATIVES.—The lead agency may eliminate 

20 from detailed consideration an alternative 

21 proposed in an environmental impact state22 ment regarding a project if, as determined 

23 by the lead agency— 

24 ‘‘(I) the alternative was consid25 ered in a metropolitan planning proc-
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† HR 22 EAS 

1 ess or a State environmental review 

2 process by a metropolitan planning or3 ganization or a State or local trans4 portation agency, as applicable; 

5 ‘‘(II) the lead agency provided 

6 guidance to the metropolitan planning 

7 organization or State or local trans8 portation agency, as applicable, re9 garding analysis of alternatives in the 

10 metropolitan planning process or State 

11 environmental review process, includ12 ing guidance on the requirements 

13 under the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.) and any other requirements of 

16 Federal law necessary for approval of 

17 the project; 

18 ‘‘(III) the applicable metropolitan 

19 planning process or State environ20 mental review process included an op21 portunity for public review and com22 ment; 

23 ‘‘(IV) the applicable metropolitan 

24 planning organization or State or local 

25 transportation agency rejected the al-
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1 ternative after considering public com2 ments; 

3 ‘‘(V) the Federal lead agency inde4 pendently reviewed the alternative 

5 evaluation approved by the applicable 

6 metropolitan planning organization or 

7 State or local transportation agency; 

8 and 

9 ‘‘(VI) the Federal lead agency has 

10 determined— 

11 ‘‘(aa) in consultation with 

12 Federal participating or cooper13 ating agencies, that the alter14 native to be eliminated from con15 sideration is not necessary for 

16 compliance with the National En17 vironmental Policy Act of 1969 

18 (42 U.S.C. 4321 et seq.); or 

19 ‘‘(bb) with the concurrence of 

20 Federal agencies with jurisdiction 

21 over a permit or approval re22 quired for a project, that the alter23 native to be eliminated from con24 sideration is not necessary for 
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1 any permit or approval under 

2 any other Federal law.’’. 

3 SEC. 11105. IMPROVING COLLABORATION FOR ACCELER4 ATED DECISION MAKING. 

5 (a) COORDINATION AND SCHEDULING.—Section 

6 139(g)(1)(B)(i) of title 23, United States Code, is amend7 ed— 

8 (1) by striking ‘‘The lead agency’’ and inserting 

9 ‘‘For a project requiring an environmental impact 

10 statement or environmental assessment, the lead agen11 cy’’; and 

12 (2) by striking ‘‘may’’ and inserting ‘‘shall’’. 

13 (b) ISSUE IDENTIFICATION AND RESOLUTION.—Sec14 tion 139(h) of title 23, United States Code, is amended— 

15 (1) in paragraph (4)(C), by striking ‘‘paragraph 

16 (5) and’’ and inserting ‘‘paragraph (5)’’; 

17 (2) in paragraph (5)(A)(ii)(I), by inserting ‘‘, 

18 including modifications to the project schedule’’ after 

19 ‘‘review process’’; and 

20 (3) in paragraph (6)(B), by striking clause (ii) 

21 and inserting the following: 

22 ‘‘(ii) DESCRIPTION OF DATE.—The 

23 date referred to in clause (i) is 1 of the fol24 lowing: 
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1 ‘‘(I) The date that is 30 days after 

2 the date for rendering a decision as de3 scribed in the project schedule estab4 lished pursuant to subsection (g)(1)(B). 

5 ‘‘(II) If no schedule exists, the 

6 later of— 

7 ‘‘(aa) the date that is 180 

8 days after the date on which an 

9 application for the permit, license 

10 or approval is complete; or 

11 ‘‘(bb) the date that is 180 

12 days after the date on which the 

13 Federal lead agency issues a deci14 sion on the project under the Na15 tional Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.). 

17 ‘‘(III) A modified date consistent 

18 with subsection (g)(1)(D).’’. 

19 SEC. 11106. ACCELERATED DECISIONMAKING IN ENVIRON20 MENTAL REVIEWS. 

21 (a) IN GENERAL.—Section 139 of title 23, United 

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

23 ‘‘(n) ACCELERATED DECISIONMAKING IN ENVIRON24 MENTAL REVIEWS.— 
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† HR 22 EAS 

1 ‘‘(1) IN GENERAL.—In preparing a final envi2 ronmental impact statement under the National En3 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

4 seq.), if the lead agency modifies the statement in re5 sponse to comments that are minor and are confined 

6 to factual corrections or explanations regarding why 

7 the comments do not warrant additional agency re8 sponse, the lead agency may write on errata sheets at9 tached to the statement instead of rewriting the draft 

10 statement, subject to the condition that the errata 

11 sheets shall— 

12 ‘‘(A) cite the sources, authorities, or reasons 

13 that support the position of the lead agency; and 

14 ‘‘(B) if appropriate, indicate the cir15 cumstances that would trigger agency re16 appraisal or further response. 

17 ‘‘(2) INCORPORATION.—To the maximum extent 

18 practicable, the lead agency shall expeditiously de19 velop a single document that consists of a final envi20 ronmental impact statement and a record of decision, 

21 unless— 

22 ‘‘(A) the final environmental impact state23 ment makes substantial changes to the proposed 

24 action that are relevant to environmental or 

25 safety concerns; or 
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1 ‘‘(B) there are significant new cir2 cumstances or information that— 

3 ‘‘(i) are relevant to environmental con4 cerns; and 

5 ‘‘(ii) bear on the proposed action or the 

6 impacts of the proposed action.’’. 

7 (b) REPEAL.—Section 1319 of MAP–21 (42 U.S.C. 

8 4332a) is repealed. 

9 SEC. 11107. IMPROVING TRANSPARENCY IN ENVIRON10 MENTAL REVIEWS. 

11 Section 139 of title 23, United States Code (as amend12 ed by section 11106(a)), is amended by adding at the end 

13 the following: 

14 ‘‘(o) REVIEWS, APPROVALS, AND PERMITTING PLAT15 FORM.— 

16 ‘‘(1) IN GENERAL.—Not later than 2 years after 

17 the date of enactment of this subsection, the Secretary 

18 shall establish an online platform and, in coordina19 tion with agencies described in paragraph (2), issue 

20 reporting standards to make publicly available the 

21 status of reviews, approvals, and permits required for 

22 compliance with the National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.) or other applica24 ble Federal laws for projects and activities requiring 
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1 an environmental assessment or an environmental 

2 impact statement. 

3 ‘‘(2) FEDERAL AGENCY PARTICIPATION.—A Fed4 eral agency of jurisdiction over a review, approval, or 

5 permit described in paragraph (1) shall provide sta6 tus information in accordance with the standards es7 tablished by the Secretary under paragraph (1). 

8 ‘‘(3) STATE RESPONSIBILITIES.—A State that is 

9 assigned and assumes responsibilities under section 

10 326 or 327 shall provide applicable status informa11 tion in accordance with standards established by the 

12 Secretary under paragraph (1).’’. 

13 SEC. 11108. INTEGRATION OF PLANNING AND ENVIRON14 MENTAL REVIEW. 

15 Section 168 of title 23, United States Code, is amended 

16 to read as follows: 

17 ‘‘§ 168. Integration of planning and environmental re18 view 

19 ‘‘(a) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 

22 term ‘environmental review process’ means the process 

23 for preparing for a project an environmental impact 

24 statement, environmental assessment, categorical ex25 clusion, or other document prepared under the Na-
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1 tional Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.). 

3 ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has 

4 the meaning given the term in section 139(a). 

5 ‘‘(3) PLANNING PRODUCT.—The term ‘planning 

6 product’ means a decision, analysis, study, or other 

7 documented information that is the result of an eval8 uation or decisionmaking process carried out by a 

9 metropolitan planning organization or a State, as 

10 appropriate, during metropolitan or statewide trans11 portation planning under section 134 or 135, respec12 tively. 

13 ‘‘(4) PROJECT.—The term ‘project’ has the mean14 ing given the term in section 139(a). 

15 ‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR USE IN

16 NEPA PROCEEDINGS.— 

17 ‘‘(1) IN GENERAL.—Subject to subsection (d), the 

18 Federal lead agency for a project may adopt and use 

19 a planning product in proceedings relating to any 

20 class of action in the environmental review process of 

21 the project. 

22 ‘‘(2) IDENTIFICATION.—If the Federal lead agen23 cy makes a determination to adopt and use a plan24 ning product, the Federal lead agency shall identify 
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1 the agencies that participated in the development of 

2 the planning products. 

3 ‘‘(3) PARTIAL ADOPTION OF PLANNING PROD4 UCTS.—The Federal lead agency may— 

5 ‘‘(A) adopt an entire planning product 

6 under paragraph (1); or 

7 ‘‘(B) select portions of a planning project 

8 under paragraph (1) for adoption. 

9 ‘‘(4) TIMING.—A determination under para10 graph (1) with respect to the adoption of a planning 

11 product may— 

12 ‘‘(A) be made at the time the lead agencies 

13 decide the appropriate scope of environmental re14 view for the project; or 

15 ‘‘(B) occur later in the environmental re16 view process, as appropriate. 

17 ‘‘(c) APPLICABILITY.— 

18 ‘‘(1) PLANNING DECISIONS.—The lead agency in 

19 the environmental review process may adopt decisions 

20 from a planning product, including— 

21 ‘‘(A) whether tolling, private financial as22 sistance, or other special financial measures are 

23 necessary to implement the project; 

24 ‘‘(B) a decision with respect to general trav25 el corridor or modal choice, including a decision 
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1 to implement corridor or subarea study rec2 ommendations to advance different modal solu3 tions as separate projects with independent util4 ity; 

5 ‘‘(C) the purpose and the need for the pro6 posed action; 

7 ‘‘(D) preliminary screening of alternatives 

8 and elimination of unreasonable alternatives; 

9 ‘‘(E) a basic description of the environ10 mental setting; 

11 ‘‘(F) a decision with respect to methodolo12 gies for analysis; and 

13 ‘‘(G) an identification of programmatic 

14 level mitigation for potential impacts of trans15 portation projects, including— 

16 ‘‘(i) measures to avoid, minimize, and 

17 mitigate impacts at a regional or national 

18 scale; 

19 ‘‘(ii) investments in regional ecosystem 

20 and water resources; and 

21 ‘‘(iii) a programmatic mitigation plan 

22 developed in accordance with section 169. 

23 ‘‘(2) PLANNING ANALYSES.—The lead agency in 

24 the environmental review process may adopt analyses 

25 from a planning product, including— 
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1 ‘‘(A) travel demands; 

2 ‘‘(B) regional development and growth; 

3 ‘‘(C) local land use, growth management, 

4 and development; 

5 ‘‘(D) population and employment; 

6 ‘‘(E) natural and built environmental con7 ditions; 

8 ‘‘(F) environmental resources and environ9 mentally sensitive areas; 

10 ‘‘(G) potential environmental effects, includ11 ing the identification of resources of concern and 

12 potential indirect and cumulative effects on those 

13 resources; and 

14 ‘‘(H) mitigation needs for a proposed ac15 tion, or for programmatic level mitigation, for 

16 potential effects that the Federal lead agency de17 termines are most effectively addressed at a re18 gional or national program level. 

19 ‘‘(d) CONDITIONS.—The lead agency in the environ20 mental review process may adopt and use a planning prod21 uct under this section if the lead agency determines, with 

22 the concurrence of other participating agencies with rel23 evant expertise and project sponsors, as appropriate, that 

24 the following conditions have been met: 
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† HR 22 EAS 

1 ‘‘(1) The planning product was developed 

2 through a planning process conducted pursuant to 

3 applicable Federal law. 

4 ‘‘(2) The planning product was developed in con5 sultation with appropriate Federal and State resource 

6 agencies and Indian tribes. 

7 ‘‘(3) The planning process included broad multi8 disciplinary consideration of systems-level or cor9 ridor-wide transportation needs and potential effects, 

10 including effects on the human and natural environ11 ment. 

12 ‘‘(4) The planning process included public notice 

13 that the planning products produced in the planning 

14 process may be adopted during a subsequent environ15 mental review process in accordance with this section. 

16 ‘‘(5) During the environmental review process, 

17 the lead agency has— 

18 ‘‘(A) made the planning documents avail19 able for public review and comment; 

20 ‘‘(B) provided notice of the intention of the 

21 lead agency to adopt the planning product; and 

22 ‘‘(C) considered any resulting comments. 

23 ‘‘(6) There is no significant new information or 

24 new circumstance that has a reasonable likelihood of 
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† HR 22 EAS 

1 affecting the continued validity or appropriateness of 

2 the planning product. 

3 ‘‘(7) The planning product has a rational basis 

4 and is based on reliable and reasonably current data 

5 and reasonable and scientifically acceptable meth6 odologies. 

7 ‘‘(8) The planning product is documented in suf8 ficient detail to support the decision or the results of 

9 the analysis and to meet requirements for use of the 

10 information in the environmental review process. 

11 ‘‘(9) The planning product is appropriate for 

12 adoption and use in the environmental review process 

13 for the project and is incorporated in accordance with 

14 the National Environmental Policy Act of 1969 (42 

15 U.S.C. 4321 et seq.) and section 1502.21 of title 40, 

16 Code of Federal Regulations (as in effect on the date 

17 of enactment of the DRIVE Act). 

18 ‘‘(e) EFFECT OF ADOPTION.—Any planning product 

19 adopted by the Federal lead agency in accordance with this 

20 section may be— 

21 ‘‘(1) incorporated directly into an environmental 

22 review process document or other environmental docu23 ment; and 

24 ‘‘(2) relied on and used by other Federal agencies 

25 in carrying out reviews of the project. 
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1 ‘‘(f) RULES OF CONSTRUCTION.— 

2 ‘‘(1) IN GENERAL.—This section does not make 

3 the environmental review process applicable to the 

4 transportation planning process conducted under this 

5 title and chapter 53 of title 49. 

6 ‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.— 

7 Initiation of the environmental review process as a 

8 part of, or concurrently with, transportation plan9 ning activities does not subject transportation plans 

10 and programs to the environmental review process. 

11 ‘‘(3) PLANNING PRODUCTS.—This section does 

12 not affect the use of planning products in the environ13 mental review process pursuant to other authorities 

14 under any other provision of law or restrict the initi15 ation of the environmental review process during 

16 planning.’’. 

17 SEC. 11109. USE OF PROGRAMMATIC MITIGATION PLANS. 

18 Section 169(f) of title 23, United States Code, is 

19 amended— 

20 (1) by striking ‘‘may use’’ and inserting ‘‘shall 

21 consider’’; and 

22 (2) by inserting ‘‘or other Federal environmental 

23 law’’ before the period at the end. 
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1 SEC. 11110. ADOPTION OF DEPARTMENTAL ENVIRON2 MENTAL DOCUMENTS. 

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

4 amended by inserting after section 306 the following: 

5 ‘‘§ 307. Adoption of Departmental environmental doc6 uments 

7 ‘‘(a) IN GENERAL.—An operating administration or 

8 secretarial office within the Department may adopt any 

9 draft environmental impact statement, final environmental 

10 impact statement, environmental assessment, or any other 

11 document issued under the National Environmental Policy 

12 Act of 1969 (42 U.S.C. 4321 et seq.) by another operating 

13 administration or secretarial office within the Depart14 ment— 

15 ‘‘(1) without recirculating the document (except 

16 that a final environmental impact statement shall be 

17 recirculated prior to adoption); and 

18 ‘‘(2) if the operating administration or secre19 tarial office adopting the document certifies that the 

20 project is substantially the same as the project re21 viewed under the document to be adopted. 

22 ‘‘(b) COOPERATING AGENCY.—An adopting operating 

23 administration or secretarial office that was a cooperating 

24 agency and certifies that the project is substantially the 

25 same as the project reviewed under the document to be 

26 adopted and that its comments and suggestions have been 
134 

† HR 22 EAS 

1 addressed may adopt a document described in subsection 

2 (a) without recirculating the document.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

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

5 striking the item relating to section 307 and inserting the 

6 following: 

‘‘Sec. 307. Adoption of Departmental environmental documents.’’. 

7 SEC. 11111. TECHNICAL ASSISTANCE FOR STATES. 

8 Section 326 of title 23, United States Code, is amend9 ed— 

10 (1) in subsection (c)— 

11 (A) by redesignating paragraphs (2) 

12 through (4) as paragraphs (3) through (5), re13 spectively; and 

14 (B) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) ASSISTANCE TO STATES.—On request of a 

17 Governor of a State, the Secretary shall provide to the 

18 State technical assistance, training, or other support 

19 relating to— 

20 ‘‘(A) assuming responsibility under sub21 section (a); 

22 ‘‘(B) developing a memorandum of under23 standing under this subsection; or 
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† HR 22 EAS 

1 ‘‘(C) addressing a responsibility in need of 

2 corrective action under subsection (d)(1)(B).’’; 

3 and 

4 (2) in subsection (d), by striking paragraph (1) 

5 and inserting the following: 

6 ‘‘(1) TERMINATION BY SECRETARY.—The Sec7 retary may terminate the participation of any State 

8 in the program, if— 

9 ‘‘(A) the Secretary determines that the State 

10 is not adequately carrying out the responsibil11 ities assigned to the State; 

12 ‘‘(B) the Secretary provides to the State— 

13 ‘‘(i) a notification of the determination 

14 of noncompliance; 

15 ‘‘(ii) a period of not less than 120 days 

16 to take such corrective action as the Sec17 retary determines to be necessary to comply 

18 with the applicable agreement; and 

19 ‘‘(iii) on request of the Governor of the 

20 State, a detailed description of each respon21 sibility in need of corrective action regard22 ing an inadequacy identified under sub23 paragraph (A); and 

24 ‘‘(C) the State, after the notification and 

25 period described in clauses (i) and (ii) of sub-
136 

† HR 22 EAS 

1 paragraph (B), fails to take satisfactory correc2 tive action, as determined by the Secretary.’’. 

3 SEC. 11112. SURFACE TRANSPORTATION PROJECT DELIV4 ERY PROGRAM. 

5 Section 327(j) of title 23, United States Code, is 

6 amended by striking paragraph (1) and inserting the fol7 lowing: 

8 ‘‘(1) TERMINATION BY SECRETARY.—The Sec9 retary may terminate the participation of any State 

10 in the program if— 

11 ‘‘(A) the Secretary determines that the State 

12 is not adequately carrying out the responsibil13 ities assigned to the State; 

14 ‘‘(B) the Secretary provides to the State— 

15 ‘‘(i) a notification of the determination 

16 of noncompliance; 

17 ‘‘(ii) a period of not less than 120 days 

18 to take such corrective action as the Sec19 retary determines to be necessary to comply 

20 with the applicable agreement; and 

21 ‘‘(iii) on request of the Governor of the 

22 State, a detailed description of each respon23 sibility in need of corrective action regard24 ing an inadequacy identified under sub25 paragraph (A); and 
137 

† HR 22 EAS 

1 ‘‘(C) the State, after the notification and 

2 period provided under subparagraph (B), fails to 

3 take satisfactory corrective action, as determined 

4 by the Secretary.’’. 

5 SEC. 11113. CATEGORICAL EXCLUSIONS FOR MULTIMODAL 

6 PROJECTS. 

7 (a) MULTIMODAL PROJECT DEFINED.—Section 139(a) 

8 of title 23, United States Code, is amended by striking 

9 paragraph (5) and inserting the following: 

10 ‘‘(5) MULTIMODAL PROJECT.—The term 

11 ‘multimodal project’ means a project that requires ap12 proval by more than 1 Department of Transportation 

13 operating administration or secretarial office.’’. 

14 (b) APPLICATION OF CATEGORICAL EXCLUSIONS FOR

15 MULTIMODAL PROJECTS.—Section 304 of title 49, United 

16 States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by striking ‘‘oper19 ating authority that is not the lead authority 

20 with respect to a project’’ and inserting ‘‘oper21 ating administration or secretarial office that 

22 has expertise but is not the lead authority with 

23 respect to a proposed multimodal project’’; and 

24 (B) by striking paragraph (2) and inserting 

25 the following: 
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1 ‘‘(2) LEAD AUTHORITY.—The term ‘lead author2 ity’ means a Department of Transportation operating 

3 administration or secretarial office that has the lead 

4 responsibility for compliance with the National Envi5 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

6 for a proposed multimodal project.’’; 

7 (2) in subsection (b), by striking ‘‘under this 

8 title’’ and inserting ‘‘by the Secretary of Transpor9 tation’’; 

10 (3) in subsection (c)— 

11 (A) in the matter preceding paragraph 

12 (1)— 

13 (i) by striking ‘‘a categorical exclusion 

14 designated under the implementing regula15 tions or’’ and inserting ‘‘a categorical exclu16 sion designated under the National Envi17 ronmental Policy Act of 1969 (42 U.S.C. 

18 4321 et seq.) implementing regulations or’’; 

19 and 

20 (ii) by striking ‘‘other components of 

21 the’’ and inserting ‘‘a proposed 

22 multimodal’’; and 

23 (B) by striking paragraphs (1) through (5) 

24 and inserting the following: 
139 

† HR 22 EAS 

1 ‘‘(1) the lead authority makes a determination, 

2 in consultation with the cooperating authority, on the 

3 applicability of a categorical exclusion to a proposed 

4 multimodal project; 

5 ‘‘(2) the cooperating authority does not object to 

6 the determination of the lead authority of the applica7 bility of a categorical exclusion; 

8 ‘‘(3) the lead authority determines that the com9 ponent of the proposed multimodal project to be cov10 ered by the categorical exclusion of the cooperating 

11 authority has independent utility; and 

12 ‘‘(4) the lead authority determines that— 

13 ‘‘(A) the proposed multimodal project does 

14 not individually or cumulatively have a signifi15 cant impact on the environment; and 

16 ‘‘(B) extraordinary circumstances do not 

17 exist that merit additional analysis and docu18 mentation in an environmental impact state19 ment or environmental assessment required 

20 under the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.).’’; and 

22 (4) by striking subsection (d) and inserting the 

23 following: 

24 ‘‘(d) COOPERATIVE AUTHORITY EXPERTISE.—A co25 operating authority shall provide expertise to the lead au-
140 

† HR 22 EAS 

1 thority on aspects of the multimodal project in which the 

2 cooperating authority has expertise.’’. 

3 SEC. 11114. MODERNIZATION OF THE ENVIRONMENTAL RE4 VIEW PROCESS. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Secretary shall examine 

7 ways to modernize, simplify, and improve the implementa8 tion of the National Environmental Policy Act of 1969 (42 

9 U.S.C. 4231 et seq.) by the Department. 

10 (b) INCLUSIONS.—In carrying out subsection (a), the 

11 Secretary shall consider— 

12 (1) the use of technology in the process, such 

13 as— 

14 (A) searchable databases; 

15 (B) geographic information system map16 ping tools; 

17 (C) integration of those tools with fiscal 

18 management systems to provide more detailed 

19 data; and 

20 (D) other innovative technologies; 

21 (2) ways to prioritize use of programmatic envi22 ronmental impact statements; 

23 (3) methods to encourage cooperating agencies to 

24 present analyses in a concise format; and 
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† HR 22 EAS 

1 (4) any other improvements that can be made to 

2 modernize process implementation. 

3 (c) REPORT.—Not later than 1 year after the date of 

4 enactment of this Act, the Secretary shall submit to the 

5 Committee on Environment and Public Works of the Senate 

6 and the Committee on Transportation and Infrastructure 

7 of the House of Representatives a report describing the re8 sults of the review carried out under subsection (a). 

9 SEC. 11115. SERVICE CLUB, CHARITABLE ASSOCIATION, OR 

10 RELIGIOUS SERVICE SIGNS. 

11 Notwithstanding section 131 of title 23, United States 

12 Code, and part 750 of title 23, Code of Federal Regulations 

13 (or successor regulations), a State may allow the mainte14 nance of a sign of a service club, charitable association, or 

15 religious service that was erected as of the date of enactment 

16 of this Act, the area of which is less than or equal to 32 

17 square feet, if the State notifies the Federal Highway Ad18 ministration. 

19 SEC. 11116. SATISFACTION OF REQUIREMENTS FOR CER20 TAIN HISTORIC SITES. 

21 (a) HIGHWAYS.—Section 138 of title 23, United States 

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

23 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN

24 HISTORIC SITES.— 

25 ‘‘(1) IN GENERAL.—The Secretary shall— 
142 

† HR 22 EAS 

1 ‘‘(A) align, to the maximum extent prac2 ticable, with the requirements of the National 

3 Environmental Policy Act of 1969 (42 U.S.C. 

4 4231 et seq.) and section 306108 of title 54, in5 cluding implementing regulations; and 

6 ‘‘(B) not later than 90 days after the date 

7 of enactment of this subsection, coordinate with 

8 the Secretary of the Interior and the Executive 

9 Director of the Advisory Council on Historic 

10 Preservation (referred to in this subsection as the 

11 ‘Council’) to establish procedures to satisfy the 

12 requirements described in subparagraph (A) (in13 cluding regulations). 

14 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

15 ‘‘(A) IN GENERAL.—If, in an analysis re16 quired under the National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4231 et seq.), the Sec18 retary determines that there is no feasible or 

19 prudent alternative to avoid use of an historic 

20 site, the Secretary may— 

21 ‘‘(i) include the determination of the 

22 Secretary in the analysis required under 

23 that Act; 

24 ‘‘(ii) provide a notice of the determina25 tion to— 
143 

† HR 22 EAS 

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— 
144 

† HR 22 EAS 

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 website 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 
145 

† HR 22 EAS 

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— 

5 (1) in subsection (c), in the matter preceding 

6 paragraph (1), by striking ‘‘subsection (d)’’ and in7 serting ‘‘subsections (d) and (e)’’; and 

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

9 ‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN

10 HISTORIC SITES.— 

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

12 ‘‘(A) align, to the maximum extent prac13 ticable, the requirements of this section with the 

14 requirements of the National Environmental Pol15 icy Act of 1969 (42 U.S.C. 4231 et seq.) and sec16 tion 306108 of title 54, including implementing 

17 regulations; and 

18 ‘‘(B) not later than 90 days after the date 

19 of enactment of this subsection, coordinate with 

20 the Secretary of the Interior and the Executive 

21 Director of the Advisory Council on Historic 

22 Preservation (referred to in this subsection as the 

23 ‘Council’) to establish procedures to satisfy the 

24 requirements described in subparagraph (A) (in25 cluding regulations). 
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1 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

2 ‘‘(A) IN GENERAL.—If, in an analysis re3 quired under the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4231 et seq.), the Sec5 retary determines that there is no feasible or 

6 prudent alternative to avoid use of an historic 

7 site, the Secretary may— 

8 ‘‘(i) include the determination of the 

9 Secretary in the analysis required under 

10 that Act; 

11 ‘‘(ii) provide a notice of the determina12 tion to— 

13 ‘‘(I) each applicable State historic 

14 preservation officer and tribal historic 

15 preservation officer; 

16 ‘‘(II) the Council, if the Council is 

17 participating in the consultation proc18 ess under section 306108 of title 54; 

19 and 

20 ‘‘(III) the Secretary of the Inte21 rior; and 

22 ‘‘(iii) request from the applicable pres23 ervation officer, the Council, and the Sec24 retary of the Interior a concurrence that the 
147 

† HR 22 EAS 

1 determination is sufficient to satisfy the re2 quirement of subsection (c)(1). 

3 ‘‘(B) CONCURRENCE.—If the applicable 

4 preservation officer, the Council, and the Sec5 retary of the Interior each provide a concurrence 

6 requested under subparagraph (A)(iii), no fur7 ther analysis under subsection (a)(1) shall be re8 quired. 

9 ‘‘(C) PUBLICATION.—A notice of a deter10 mination, together with each relevant concur11 rence to that determination, under subparagraph 

12 (A) shall be— 

13 ‘‘(i) included in the record of decision 

14 or finding of no significant impact of the 

15 Secretary; and 

16 ‘‘(ii) posted on an appropriate Federal 

17 website by not later than 3 days after the 

18 date of receipt by the Secretary of all con19 currences requested under subparagraph 

20 (A)(iii). 

21 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

22 ‘‘(A) IN GENERAL.—If the Secretary, the 

23 applicable preservation officer, the Council, and 

24 the Secretary of the Interior concur that no fea25 sible and prudent alternative exists as described 
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1 in paragraph (2), the Secretary may provide to 

2 the applicable preservation officer, the Council, 

3 and the Secretary of the Interior notice of the in4 tent of the Secretary to satisfy the requirements 

5 of subsection (c)(2) through the consultation re6 quirements of section 306108 of title 54. 

7 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

8 satisfy the requirements of subsection (c)(2), the 

9 applicable preservation officer, the Council, and 

10 the Secretary of the Interior shall concur in the 

11 treatment of the applicable historic site described 

12 in the memorandum of agreement or pro13 grammatic agreement developed under section 

14 306108 of title 54.’’. 

15 SEC. 11117. BRIDGE EXEMPTION FROM CONSIDERATION 

16 UNDER CERTAIN PROVISIONS. 

17 (a) PRESERVATION OF PARKLANDS.—Section 138 of 

18 title 23, United States Code, as amended by section 11116, 

19 is amended by adding at the end the following: 

20 ‘‘(d) BRIDGE EXEMPTION FROM CONSIDERATION.—A 

21 common post-1945 concrete or steel bridge or culvert (as de22 scribed in 77 Fed. Reg. 68790) that is exempt from indi23 vidual review under section 306108 of title 54, United 

24 States Code, shall be exempt from consideration under this 

25 section.’’. 
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1 (b) POLICY ON LANDS, WILDLIFE AND WATERFOWL

2 REFUGES, AND HISTORIC SITES.—Section 303 of title 49, 

3 United States Code, as amended by section 11116, is 

4 amended by adding at the end the following: 

5 ‘‘(f) BRIDGE EXEMPTION FROM CONSIDERATION.—A 

6 common post-1945 concrete or steel bridge or culvert (as de7 scribed in 77 Fed. Reg. 68790) that is exempt from indi8 vidual review under section 306108 of title 54, United 

9 States Code, shall be exempt from consideration under this 

10 section.’’. 

11 SEC. 11118. ELIMINATION OF BARRIERS TO IMPROVE AT12 RISK BRIDGES. 

13 (a) TEMPORARY AUTHORIZATION.— 

14 (1) IN GENERAL.—Until the Secretary of the In15 terior takes the action described in subsection (b), the 

16 take of nesting swallows to facilitate a construction 

17 project on a bridge eligible for funding under title 23, 

18 United States Code, with any component condition 

19 rating of 3 or less (as defined by the National Bridge 

20 Inventory General Condition Guidance issued by the 

21 Federal Highway Administration) is authorized 

22 under the Migratory Bird Treaty Act (16 U.S.C. 703 

23 et seq.) between April 1 and August 31. 

24 (2) MEASURES TO MINIMIZE IMPACTS.— 
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1 (A) NOTIFICATION BEFORE TAKING.—Prior 

2 to the taking of nesting swallows authorized 

3 under paragraph (1), any person taking that ac4 tion shall submit to the Secretary of the Interior 

5 a document that contains— 

6 (i) the name of the person acting under 

7 the authority of paragraph (1) to take nest8 ing swallows; 

9 (ii) a list of practicable measures that 

10 will be undertaken to minimize or mitigate 

11 significant adverse impacts on the popu12 lation of that species; 

13 (iii) the time period during which ac14 tivities will be carried out that will result 

15 in the taking of that species; and 

16 (iv) an estimate of the number of birds, 

17 by species, to be taken in the proposed ac18 tion. 

19 (B) NOTIFICATION AFTER TAKING.—Not 

20 later than 60 days after the taking of nesting 

21 swallows authorized under paragraph (1), any 

22 person taking that action shall submit to the 

23 Secretary of the Interior a document that con24 tains the number of birds, by species, taken in 

25 the action. 
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1 (b) AUTHORIZATION OF TAKE.— 

2 (1) IN GENERAL.—The Secretary of the Interior, 

3 in consultation with the Secretary, shall promulgate 

4 a regulation under the authority of section 3 of the 

5 Migratory Bird Treaty Act (16 U.S.C. 704) author6 izing the take of nesting swallows to facilitate bridge 

7 repair, maintenance, or construction— 

8 (A) without individual permit require9 ments; and 

10 (B) under terms and conditions determined 

11 to be consistent with treaties relating to migra12 tory birds that protect swallow species occurring 

13 in the United States. 

14 (2) TERMINATION.—On the effective date of a 

15 final rule under this subsection by the Secretary of 

16 the Interior, subsection (a) shall have no force or ef17 fect. 

18 (c) SUSPENSION OR WITHDRAWAL OF TAKE AUTHOR19 IZATION.—If the Secretary of the Interior, in consultation 

20 with the Secretary, determines that taking of nesting swal21 lows carried out under the authority provided in subsection 

22 (a)(1) is having a significant adverse impact on swallow 

23 populations, the Secretary of the Interior may suspend that 

24 authority through publication in the Federal Register. 
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1 SEC. 11119. AT-RISK PROJECT PREAGREEMENT AUTHORITY. 

2 (a) DEFINITION OF PRELIMINARY ENGINEERING.—In 

3 this section, the term ‘‘preliminary engineering’’ means al4 lowable preconstruction project development and engineer5 ing costs. 

6 (b) AT-RISK PROJECT PREAGREEMENT AUTHORITY.— 

7 A recipient or subrecipient of Federal-aid funds under title 

8 23, United States Code, may— 

9 (1) incur preliminary engineering costs for an 

10 eligible project under title 23, United States Code, be11 fore receiving project authorization from the State, in 

12 the case of a subrecipient, and the Secretary to pro13 ceed with the project; and 

14 (2) request reimbursement of applicable Federal 

15 funds after the project authorization is received. 

16 (c) ELIGIBILITY.—The Secretary may reimburse pre17 liminary engineering costs incurred by a recipient or sub18 recipient under subsection (b)— 

19 (1) if the costs meet all applicable requirements 

20 under title 23, United States Code, at the time the 

21 costs are incurred and the Secretary concurs that the 

22 requirements have been met; 

23 (2) in the case of a project located within a des24 ignated nonattainment or maintenance area for air 

25 quality, if the conformity requirements of the Clean 

26 Air Act (42 U.S.C. 7401 et seq.) have been met; and 
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1 (3) if the costs would have been allowable if in2 curred after the date of the project authorization by 

3 the Department. 

4 (d) AT-RISK.—A recipient or subrecipient that elects 

5 to use the authority provided under this section shall— 

6 (1) assume all risk for preliminary engineering 

7 costs incurred prior to project authorization; and 

8 (2) be responsible for ensuring and dem9 onstrating to the Secretary that all applicable cost eli10 gibility conditions are met after the authorization is 

11 received. 

12 (e) RESTRICTIONS.—Nothing in this section— 

13 (1) allows a recipient or subrecipient to use the 

14 authority under this section to advance a project be15 yond preliminary engineering prior to the completion 

16 of the environmental review process; 

17 (2) waives the applicability of Federal require18 ments to a project other than the reimbursement of 

19 preliminary engineering costs incurred prior to an 

20 authorization to proceed in accordance with this sec21 tion; or 

22 (3) guarantees Federal funding of the project or 

23 the eligibility of the project for future Federal-aid 

24 highway funding. 
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1 Subtitle C—Miscellaneous 

2 SEC. 11201. CREDITS FOR UNTAXED TRANSPORTATION 

3 FUELS. 

4 (a) DEFINITION OF QUALIFIED REVENUES.—In this 

5 section, the term ‘‘qualified revenues’’ means any 

6 amounts— 

7 (1) collected by a State— 

8 (A) for the registration of a vehicle that op9 erates solely on a fuel that is not subject to a 

10 Federal tax; and 

11 (B) not sooner than the second registration 

12 period following the purchase of the vehicle; and 

13 (2) that do not exceed, for a vehicle described in 

14 paragraph (1), an annual amount determined by the 

15 Secretary to be equal to the annual amount paid for 

16 Federal motor fuels taxes on the fuel used by an aver17 age passenger car fueled solely by gasoline. 

18 (b) CREDIT.— 

19 (1) IN GENERAL.—Subject to paragraph (2), if a 

20 State contributes qualified revenues to cover not less 

21 than 5 percent of the total cost of a project eligible for 

22 assistance under this title, the Federal share payable 

23 for the project under this section may be increased by 

24 an amount that is— 
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1 (A) equal to the percent of the total cost of 

2 the project from contributed qualified revenues; 

3 but 

4 (B) not more than 5 percent of the total cost 

5 of the project. 

6 (2) EXPIRATION.—The authorization of an in7 creased Federal share for a project pursuant to para8 graph (1) expires on September 30, 2023. 

9 (c) STUDY.— 

10 (1) IN GENERAL.—Before the expiration date of 

11 the credit under subsection (b)(2), the Secretary, in 

12 coordination with other appropriate Federal agencies, 

13 shall submit to the Committee on Environment and 

14 Public Works of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives a report that describes the most effi17 cient and equitable means of taxing motor vehicle 

18 fuels not subject to a Federal tax as of the date of sub19 mission of the report. 

20 (2) REQUIREMENT.—The means described in the 

21 report under paragraph (1) shall parallel, as closely 

22 as practicable, the structure of other Federal taxes on 

23 motor fuels. 
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1 SEC. 11202. JUSTIFICATION REPORTS FOR ACCESS POINTS 

2 ON THE INTERSTATE SYSTEM. 

3 Section 111(e) of title 23, United States Code, is 

4 amended by inserting ‘‘(including new or modified freeway5 to-crossroad interchanges inside a transportation manage6 ment area)’’ after ‘‘the Interstate System’’. 

7 SEC. 11203. EXEMPTIONS. 

8 Section 127 of title 23, United States Code, is amended 

9 by adding at the end the following: 

10 ‘‘(m) NATURAL GAS VEHICLES.—A vehicle, if operated 

11 by an engine fueled primarily by natural gas, may exceed 

12 any vehicle weight limit (up to a maximum gross vehicle 

13 weight of 82,000 pounds) under this section by an amount 

14 that is equal to the difference between— 

15 ‘‘(1) the weight of the vehicle attributable to the 

16 natural gas tank and fueling system carried by that 

17 vehicle; and 

18 ‘‘(2) the weight of a comparable diesel tank and 

19 fueling system. 

20 ‘‘(n) EMERGENCY VEHICLES.— 

21 ‘‘(1) DEFINITION OF EMERGENCY VEHICLE.—In 

22 this subsection, the term ‘emergency vehicle’ means a 

23 vehicle designed to be used under emergency condi24 tions— 

25 ‘‘(A) to transport personnel and equipment; 

26 and 
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1 ‘‘(B) to support the suppression of fires and 

2 mitigation of other hazardous situations. 

3 ‘‘(2) EMERGENCY VEHICLE WEIGHT LIMIT.—Not4 withstanding subsection (a), a State shall not enforce 

5 against an emergency vehicle a vehicle weight limit 

6 (up to a maximum gross vehicle weight of 86,000 

7 pounds) of less than— 

8 ‘‘(A) 24,000 pounds on a single steering 

9 axle; 

10 ‘‘(B) 33,500 pounds on a single drive axle; 

11 ‘‘(C) 62,000 pounds on a tandem axle; or 

12 ‘‘(D) 52,000 pounds on a tandem rear drive 

13 steer axle. 

14 ‘‘(o) OPERATION OF CERTAIN SPECIALIZED VEHICLES

15 ON CERTAIN HIGHWAYS IN THE STATE OF ARKANSAS.— 

16 If any segment of United States Route 63 between the exits 

17 for highways 14 and 75 in the State of Arkansas is des18 ignated as part of the Interstate System— 

19 ‘‘(1) a vehicle that could legally operate on the 

20 segment before the date of the designation at the post21 ed speed limit may continue to operate on that seg22 ment; and 

23 ‘‘(2) a vehicle that can only travel below the 

24 posted speed limit on the segment that could otherwise 

25 legally operate on the segment before the date of the 
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1 designation may continue to operate on that segment 

2 during daylight hours.’’. 

3 SEC. 11204. HIGH PRIORITY CORRIDORS ON THE NATIONAL 

4 HIGHWAY SYSTEM. 

5 Section 1105 of the Intermodal Surface Transpor6 tation Efficiency Act of 1991 (105 Stat. 2031) is amend7 ed— 

8 (1) in subsection (c) (105 Stat. 2032; 112 Stat. 

9 190; 119 Stat. 1213)— 

10 (A) by striking paragraph (13) and insert11 ing the following: 

12 ‘‘(13) Raleigh-Norfolk Corridor from Raleigh, 

13 North Carolina, through Rocky Mount, Williamston 

14 and Elizabeth City, North Carolina, to Norfolk, Vir15 ginia.’’; 

16 (B) in paragraph (18)(D)— 

17 (i) in clause (ii), by striking ‘‘and’’ at 

18 the end; 

19 (ii) in clause (iii), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(iv) include Texas State Highway 44 

24 from United States Route 59 at Freer, 

25 Texas, to Texas State Highway 358.’’; and 
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1 (C) by striking paragraph (68) and insert2 ing the following: 

3 ‘‘(68) The Washoe County Corridor and the 

4 Intermountain West Corridor shall generally follow: 

5 ‘‘(A) in the case of the Washoe County Cor6 ridor, along Interstate Route 580/United States 

7 Route 95/United States Route 95A, from Reno, 

8 Nevada, to Las Vegas, Nevada; and 

9 ‘‘(B) in the case of the Intermountain West 

10 Corridor, from the vicinity of Las Vegas extend11 ing north along United States Route 95, termi12 nating at Interstate Route 80.’’; and 

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

14 ‘‘(81) United States Route 117/Interstate Route 

15 795 from United States Route 70 in Goldsboro, 

16 Wayne County, North Carolina, to Interstate Route 

17 40 west of Faison, Sampson County, North Carolina. 

18 ‘‘(82) United States Route 70 from its intersec19 tion with Interstate Route 40 in Garner, Wake Coun20 ty, North Carolina, to the Port at Morehead City, 

21 Carteret County, North Carolina. 

22 ‘‘(83) The Central Texas Corridor commencing 

23 at the logical terminus of Interstate 10, and generally 

24 following portions of United States Route 190 east25 ward passing in the vicinity Fort Hood, Killeen, 
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1 Belton, Temple, Bryan, College Station, Huntsville, 

2 Livingston, Woodville, and to the logical terminus of 

3 Texas Highway 63 at the Sabine River Bridge at 

4 Burrs Crossing.’’; 

5 (2) in subsection (e)(5)— 

6 (A) in subparagraph (A) (109 Stat. 597; 

7 118 Stat. 293; 119 Stat. 1213), in the first sen8 tence— 

9 (i) by inserting ‘‘subsection (c)(13),’’ 

10 after ‘‘subsection (c)(9),’’; 

11 (ii) by striking ‘‘subsections (c)(18)’’ 

12 and all that follows through ‘‘(c)(36)’’ and 

13 inserting ‘‘subsection (c)(18), subsection 

14 (c)(20), subparagraphs (A) and (B)(i) of 

15 subsection (c)(26), subsection (c)(36)’’ ; and 

16 (iii) by striking ‘‘and subsection 

17 (c)(57)’’ and inserting ‘‘subsection (c)(57), 

18 subsection (c)(68)(B), subsection (c)(81), 

19 and subsection (c)(82)’’; and 

20 (B) in subparagraph (C)(i) (109 Stat. 598; 

21 126 Stat. 427), by striking the last sentence and 

22 inserting ‘‘The routes referred to in subpara23 graphs (A) and (B)(i) of subsection (c)(26) and 

24 in subsection (c)(68)(B) are designated as Inter25 state Route I–11.’’. 
161 

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1 SEC. 11205. REPEAT INTOXICATED DRIVER LAW. 

2 Section 164(a)(4) of title 23, United States Code, is 

3 amended in the matter preceding subparagraph (A) by in4 serting ‘‘or combination of laws’’ after ‘‘means a State 

5 law’’. 

6 SEC. 11206. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT. 

7 (a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.— 

8 Section 119(d)(2)(L) of title 23, United States Code, is 

9 amended by inserting ‘‘, including the installation of inter10 operable vehicle-to-infrastructure communication equip11 ment’’ after ‘‘capital improvements’’. 

12 (b) SURFACE TRANSPORTATION PROGRAM.—Section 

13 133(b)(16) of title 23, United States Code, by inserting ‘‘, 

14 including the installation of interoperable vehicle-to-infra15 structure communication equipment’’ after ‘‘capital im16 provements’’. 

17 SEC. 11207. RELINQUISHMENT. 

18 A State transportation agency may relinquish park19 and-ride lot facilities or portions of park-and-ride lot facili20 ties to a local government agency for highway purposes if 

21 authorized to do so under State law. 

22 SEC. 11208. TRANSFER AND SALE OF TOLL CREDITS. 

23 (a) DEFINITIONS.—In this section, the following defi24 nitions apply: 

25 (1) ELIGIBLE STATE.—The term ‘‘eligible State’’ 

26 means a State that— 
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1 (A) is eligible to use a credit under section 

2 120(i) of title 23, United States Code; and 

3 (B) has been selected by the Secretary under 

4 subsection (d)(2). 

5 (2) RECIPIENT STATE.—The term ‘‘recipient 

6 State’’ means a State that receives a credit by trans7 fer or by sale under this section from an eligible 

8 State. 

9 (b) ESTABLISHMENT OF PILOT PROGRAM.—Not later 

10 than 1 year after the date of the establishment of a nation11 wide toll credit monitoring and tracking system under sub12 section (g), the Secretary shall establish and implement a 

13 toll credit marketplace pilot program in accordance with 

14 this section. 

15 (c) PURPOSES.—The purposes of the pilot program es16 tablished under subsection (b) are— 

17 (1) to identify whether a monetary value can be 

18 assigned to toll credits; 

19 (2) to identify the discounted rate of toll credits 

20 for cash; 

21 (3) to determine if the purchase of toll credits by 

22 States provides the purchasing State budget flexibility 

23 to deal with funding issues, including off-system 

24 needs, transit systems with high operating costs, or 

25 cash flow issues; and 
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1 (4) to test the feasibility of expanding the toll 

2 credit market to allow all States to participate on a 

3 permanent basis. 

4 (d) SELECTION OF ELIGIBLE STATES.— 

5 (1) APPLICATION TO SECRETARY.—In order to 

6 participate in the pilot program established under 

7 subsection (b), a State shall submit to the Secretary 

8 an application at such time, in such manner, and 

9 containing such information as the Secretary may re10 quire. 

11 (2) SELECTION.—Of the States that submit an 

12 application under paragraph (1), the Secretary may 

13 select not more than 10 States to be designated as an 

14 eligible State. 

15 (e) TRANSFER OR SALE OF CREDITS.— 

16 (1) IN GENERAL.—In carrying out the pilot pro17 gram established under subsection (b), the Secretary 

18 shall provide that an eligible State may transfer or 

19 sell to a recipient State a credit not used by the eligi20 ble State under section 120(i) of title 23, United 

21 States Code. 

22 (2) USE OF CREDITS BY TRANSFEREE OR PUR23 CHASER.—A recipient State may use a credit received 

24 under paragraph (1) toward the non-Federal share 

25 requirement for any funds made available to carry 
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1 out title 23 or chapter 53 of title 49, United States 

2 Code. 

3 (3) CONDITION ON TRANSFER OR SALE OF CRED4 ITS.—To receive a credit under paragraph (1), a re5 cipient State shall enter into an agreement with the 

6 Secretary described in section 120(i) of title 23, 

7 United States Code. 

8 (f) USE OF PROCEEDS FROM SALE OF CREDITS.—An 

9 eligible State shall use the proceeds from the sale of a credit 

10 under subsection (e)(1) for any project in the eligible State 

11 that is eligible under the surface transportation program 

12 established under section 133 of title 23, United States 

13 Code. 

14 (g) TOLL CREDIT MONITORING AND TRACKING.—Not 

15 later than 180 days after the enactment of this section, the 

16 Secretary shall establish a nationwide toll credit moni17 toring and tracking system that functions as a real-time 

18 database on the inventory and use of toll credits among all 

19 States (as defined in section 101(a) of title 23, United 

20 States Code). 

21 (h) NOTIFICATION.—Not later than 30 days after the 

22 date on which a credit is transferred or sold under sub23 section (e)(1), the eligible State shall submit to the Sec24 retary in writing a notification of the transfer or sale. 

25 (i) REPORTING REQUIREMENTS.— 
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1 (1) INITIAL REPORT.—Not later than 180 days 

2 after the date of establishment of the pilot program 

3 under subsection (b), the Secretary shall submit to the 

4 Committee on Environment and Public Works of the 

5 Senate and the Committee on Transportation and In6 frastructure of the House of Representatives a report 

7 on the progress of the pilot program. 

8 (2) STATE REPORT.— 

9 (A) REPORT BY ELIGIBLE STATE.—Not 

10 later than 30 days after a purchase or sale under 

11 subsection (e)(1), an eligible State shall submit 

12 to the Secretary a report that describes— 

13 (i) information on the transaction; 

14 (ii) the amount of cash received and 

15 the value of toll credits sold; 

16 (iii) the intended use of the cash; and 

17 (iv) an update on the remaining toll 

18 credit balance of the State. 

19 (B) REPORT BY RECIPIENT STATE.—Not 

20 later than 30 days after a purchase or sale under 

21 subsection (e)(1), a recipient State shall submit 

22 to the Secretary a report that describes— 

23 (i) the value of toll credits purchased; 

24 (ii) the anticipated use of the toll cred25 its; and 
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1 (iii) plans for maintaining mainte2 nance of effort for spending on Federal-aid 

3 highways projects. 

4 (3) ANNUAL REPORT.—Not later than 1 year 

5 after the date on which the pilot program under sub6 section (b) is established and each year thereafter that 

7 the pilot program is in effect, the Secretary shall— 

8 (A) submit to the Committee on Environ9 ment and Public Works of the Senate and the 

10 Committee on Transportation and Infrastructure 

11 of the House of Representatives a report that— 

12 (i) determines whether a toll credit 

13 marketplace is viable; 

14 (ii) describes the buying and selling ac15 tivities of the pilot program; 

16 (iii) describes the monetary value of 

17 toll credits; 

18 (iv) determines whether the pilot pro19 gram could be expanded to more States or 

20 all States; and 

21 (v) provides updated information on 

22 the toll credit balance accumulated by each 

23 State; and 
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1 (B) make the report described in subpara2 graph (A) publicly available on the website of the 

3 Department. 

4 (j) TERMINATION.—The Secretary may terminate the 

5 program established under this section or the participation 

6 of any State in the program if the Secretary determines 

7 that the program is not serving a public benefit. 

8 SEC. 11209. REGIONAL INFRASTRUCTURE ACCELERATOR 

9 DEMONSTRATION PROGRAM. 

10 (a) IN GENERAL.—The Secretary shall establish a re11 gional infrastructure demonstration program (referred to in 

12 this section as the ‘‘program’’) to assist entities in devel13 oping improved infrastructure priorities and financing 

14 strategies for the accelerated development of a project that 

15 is eligible for funding under the TIFIA program under 

16 chapter 6 of title 23, United States Code. 

17 (b) DESIGNATION OF REGIONAL INFRASTRUCTURE AC18 CELERATORS.—In carrying out the program, the Secretary 

19 may designate regional infrastructure accelerators that 

20 will— 

21 (1) serve a defined geographic area; and 

22 (2) act as a resource in the geographic area to 

23 qualified entities in accordance with this section. 

24 (c) APPLICATION.—To be eligible for a designation 

25 under subsection (b), a proposed regional infrastructure ac-
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1 celerator shall submit to the Secretary a proposal at such 

2 time, in such manner, and containing such information as 

3 the Secretary may require. 

4 (d) CRITERIA.—In evaluating a proposal submitted 

5 under subsection (c), the Secretary shall consider— 

6 (1) the need for geographic diversity among re7 gional infrastructure accelerators; and 

8 (2) the ability of the proposal to promote invest9 ment in covered infrastructure projects, which shall 

10 include a plan— 

11 (A) to evaluate and promote innovative fi12 nancing methods for local projects, including the 

13 use of the TIFIA program under chapter 6 of 

14 title 23, United States Code; 

15 (B) to build capacity of State, local, and 

16 tribal governments to evaluate and structure 

17 projects involving the investment of private cap18 ital; 

19 (C) to provide technical assistance and in20 formation on best practices with respect to fi21 nancing the projects; 

22 (D) to increase transparency with respect to 

23 infrastructure project analysis and using inno24 vative financing for public infrastructure 

25 projects; 
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1 (E) to deploy predevelopment capital pro2 grams designed to facilitate the creation of a 

3 pipeline of infrastructure projects available for 

4 investment; 

5 (F) to bundle smaller-scale and rural 

6 projects into larger proposals that may be more 

7 attractive for investment; and 

8 (G) to reduce transaction costs for public 

9 project sponsors. 

10 (e) ANNUAL REPORT.—Not less frequently than once 

11 each year, the Secretary shall submit to Congress a report 

12 that describes the findings and effectiveness of the program. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out the program 

15 $12,000,000, of which the Secretary shall use— 

16 (1) $11,750,000 for initial grants to regional in17 frastructure accelerators under subsection (b); and 

18 (2) $250,000 for administrative costs of carrying 

19 out the program. 

20 SEC. 11210. SONORAN CORRIDOR INTERSTATE DEVELOP21 MENT. 

22 (a) FINDINGS.—Congress finds that the designation of 

23 the Sonoran Corridor Interstate connecting Interstate 19 to 

24 Interstate 10 south of the Tucson International Airport as 

25 a future part of the Interstate System would— 
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1 (1) enhance direct linkage between major trading 

2 routes connecting growing ports, agricultural regions, 

3 infrastructure and manufacturing centers, and exist4 ing high priority corridors of the National Highway 

5 System; and 

6 (2) significantly improve connectivity on the fu7 ture Interstate 11 and the CANAMEX Corridor, a 

8 route directly linking the United States with Mexico 

9 and Canada. 

10 (b) HIGH PRIORITY CORRIDORS ON NATIONAL HIGH11 WAY SYSTEM.—Section 1105(c) of the Intermodal Surface 

12 Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 

13 Stat. 1210) (as amended by section 11204) is amended by 

14 adding at the end the following: 

15 ‘‘(84) State Route 410, the Sonoran Corridor 

16 connecting Interstate 19 to Interstate 10 south of the 

17 Tucson International Airport.’’. 

18 (c) FUTURE PARTS OF INTERSTATE SYSTEM.—Section 

19 1105(e)(5)(A) of the Intermodal Surface Transportation Ef20 ficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) (as 

21 amended by section 11204) is amended in the first sentence 

22 by striking ‘‘and subsection (c)(82)’’ and inserting ‘‘sub23 section (c)(82), and subsection (c)(84)’’. 
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1 TITLE II—TRANSPORTATION 

2 INNOVATION 

3 Subtitle A—Research 

4 SEC. 12001. RESEARCH, TECHNOLOGY, AND EDUCATION. 

5 (a) HIGHWAY RESEARCH AND DEVELOPMENT PRO6 GRAM.—Section 503(b)(3) of title 23, United States Code, 

7 is amended— 

8 (1) in subparagraph (C)— 

9 (A) in clause (xviii), by striking ‘‘and’’ at 

10 the end; 

11 (B) in clause (xix), by striking the period 

12 at the end and inserting a semicolon; and 

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

14 ‘‘(xx) accelerated mobile, highway15 speed, bridge inspection methods that pro16 vide quantitative data-driven decision17 making capabilities without requiring lane 

18 closures; and 

19 ‘‘(xxi) innovative segmental wall tech20 nology for soil bank stabilization and road21 way sound attenuation, and articulated 

22 technology for hydraulic sheer-resistant ero23 sion control.’’; and 

24 (2) in subparagraph (D)(i), by inserting ‘‘and 

25 section 119(e)’’ after ‘‘this subparagraph’’. 
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1 (b) TECHNOLOGY AND INNOVATION DEPLOYMENT PRO2 GRAM.—Section 503(c) of title 23, United States Code, is 

3 amended— 

4 (1) in paragraph (1), in the matter preceding 

5 subparagraph (A), by striking ‘‘carry out’’ and in6 serting ‘‘establish and implement’’; 

7 (2) in paragraph (2)— 

8 (A) in subparagraph (B), by striking clause 

9 (i) and inserting the following: 

10 ‘‘(i) use not less than 50 percent of the 

11 funds authorized to carry out this sub12 section to make grants to, and enter into co13 operative agreements and contracts with, 

14 States, other Federal agencies, local govern15 ments, metropolitan planning organiza16 tions, institutions of higher education, pri17 vate sector entities, and nonprofit organiza18 tions to carry out demonstration programs 

19 that will accelerate the deployment and 

20 adoption of transportation research activi21 ties;’’; 

22 (B) by redesignating subparagraph (C) as 

23 subparagraph (D); and 

24 (C) by inserting after subparagraph (B) the 

25 following: 
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1 ‘‘(C) INNOVATION GRANTS.— 

2 ‘‘(i) IN GENERAL.—In carrying out the 

3 program established under subparagraph 

4 (B)(i), the Secretary shall establish a trans5 parent competitive process in which entities 

6 described in subparagraph (B)(i) may sub7 mit an application to receive a grant under 

8 this subsection. 

9 ‘‘(ii) PUBLICATION OF APPLICATION

10 PROCESS.—A description of the application 

11 process established by the Secretary shall— 

12 ‘‘(I) be posted on a public website; 

13 ‘‘(II) identify the information re14 quired to be included in the applica15 tion; and 

16 ‘‘(III) identify the criteria by 

17 which the Secretary shall select grant 

18 recipients. 

19 ‘‘(iii) SUBMISSION OF APPLICATION.— 

20 To receive a grant under this paragraph, an 

21 entity described in subparagraph (B)(i) 

22 shall submit an application to the Sec23 retary. 

24 ‘‘(iv) SELECTION AND APPROVAL.—The 

25 Secretary shall select and approve an appli-
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1 cation submitted under clause (iii) based on 

2 whether the project described in the applica3 tion meets the goals of the program de4 scribed in paragraph (1).’’; and 

5 (3) in paragraph (3)(C), by striking ‘‘each of fis6 cal years 2013 through 2014’’ and inserting ‘‘each fis7 cal year’’. 

8 (c) CONFORMING AMENDMENT.—Section 505(c)(1) of 

9 title 23, United States Code, is amended by striking ‘‘sec10 tion 503(c)(2)(C)’’ and inserting ‘‘section 503 (c)(2)(D)’’. 

11 SEC. 12002. INTELLIGENT TRANSPORTATION SYSTEMS. 

12 (a) INTELLIGENT TRANSPORTATION SYSTEMS DE13 PLOYMENT.—Section 513 of title 23, United States Code, 

14 is amended by adding at the end the following: 

15 ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOYMENT

16 GRANT PROGRAM.— 

17 ‘‘(1) ESTABLISHMENT.—The Secretary shall es18 tablish a competitive grant program to accelerate the 

19 deployment, operation, systems management, inter20 modal integration, and interoperability of the ITS 

21 program and ITS-enabled operational strategies— 

22 ‘‘(A) to measure and improve the perform23 ance of the surface transportation system; 
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1 ‘‘(B) to reduce traffic congestion and the 

2 economic and environmental impacts of traffic 

3 congestion; 

4 ‘‘(C) to minimize fatalities and injuries; 

5 ‘‘(D) to enhance mobility of people and 

6 goods; 

7 ‘‘(E) to improve traveler information and 

8 services; and 

9 ‘‘(F) to optimize existing roadway capacity. 

10 ‘‘(2) APPLICATION.—To be eligible for a grant 

11 under this subsection, an eligible entity shall submit 

12 an application to the Secretary that includes— 

13 ‘‘(A) a plan to deploy and provide for the 

14 long-term operation and maintenance of intel15 ligent transportation systems to improve safety, 

16 efficiency, system performance, and return on in17 vestment, such as— 

18 ‘‘(i) autonomous vehicle communica19 tion technologies; 

20 ‘‘(ii) vehicle-to-vehicle or vehicle-to-in21 frastructure communication technologies; 

22 ‘‘(iii) real-time integrated traffic, tran23 sit, and multimodal transportation infor24 mation; 
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1 ‘‘(iv) advanced traffic, freight, parking, 

2 and incident management systems; 

3 ‘‘(v) advanced technologies to improve 

4 transit and commercial vehicle operations; 

5 ‘‘(vi) synchronized, adaptive, and tran6 sit preferential traffic signals; 

7 ‘‘(vii) advanced infrastructure condi8 tion assessment technologies; and 

9 ‘‘(viii) other technologies to improve 

10 system operations, including ITS applica11 tions necessary for multimodal systems inte12 gration and for achieving performance 

13 goals; 

14 ‘‘(B) quantifiable system performance im15 provements, including— 

16 ‘‘(i) reductions in traffic-related crash17 es, congestion, and costs; 

18 ‘‘(ii) optimization of system efficiency; 

19 and 

20 ‘‘(iii) improvement of access to trans21 portation services; 

22 ‘‘(C) quantifiable safety, mobility, and envi23 ronmental benefit projections, including data24 driven estimates of the manner in which the 

25 project will improve the efficiency of the trans-
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1 portation system and reduce traffic congestion in 

2 the region; 

3 ‘‘(D) a plan for partnering with the private 

4 sector, including telecommunications industries 

5 and public service utilities, public agencies (in6 cluding multimodal and multijurisdictional enti7 ties), research institutions, organizations rep8 resenting transportation and technology leaders, 

9 and other transportation stakeholders; 

10 ‘‘(E) a plan to leverage and optimize exist11 ing local and regional ITS investments; and 

12 ‘‘(F) a plan to ensure interoperability of de13 ployed technologies with other tolling, traffic 

14 management, and intelligent transportation sys15 tems. 

16 ‘‘(3) SELECTION.— 

17 ‘‘(A) IN GENERAL.—Effective beginning not 

18 later than 1 year after the date of enactment of 

19 the DRIVE Act, the Secretary may provide 

20 grants to eligible entities under this subsection. 

21 ‘‘(B) GEOGRAPHIC DIVERSITY.—In award22 ing a grant under this subsection, the Secretary 

23 shall ensure, to the maximum extent practicable, 

24 that grant recipients represent diverse geo-
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1 graphical areas of the United States, including 

2 urban, suburban, and rural areas. 

3 ‘‘(C) NON-FEDERAL SHARE.—In awarding 

4 a grant under the subsection, the Secretary shall 

5 give priority to grant recipients that dem6 onstrate an ability to contribute a significant 

7 non-Federal share to the cost of carrying out the 

8 project for which the grant is received. 

9 ‘‘(4) ELIGIBLE USES.—Projects for which grants 

10 awarded under this subsection may be used include— 

11 ‘‘(A) the deployment of autonomous vehicle 

12 communication technologies; 

13 ‘‘(B) the deployment of vehicle-to-vehicle or 

14 vehicle-to-infrastructure communication tech15 nologies; 

16 ‘‘(C) the establishment and implementation 

17 of ITS and ITS-enabled operations strategies 

18 that improve performance in the areas of— 

19 ‘‘(i) traffic operations; 

20 ‘‘(ii) emergency response to surface 

21 transportation incidents; 

22 ‘‘(iii) incident management; 

23 ‘‘(iv) transit and commercial vehicle 

24 operations improvements; 
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1 ‘‘(v) weather event response manage2 ment by State and local authorities; 

3 ‘‘(vi) surface transportation network 

4 and facility management; 

5 ‘‘(vii) construction and work zone 

6 management; 

7 ‘‘(viii) traffic flow information; 

8 ‘‘(ix) freight management; and 

9 ‘‘(x) congestion management; 

10 ‘‘(D) carrying out activities that support 

11 the creation of networks that link metropolitan 

12 and rural surface transportation systems into an 

13 integrated data network, capable of collecting, 

14 sharing, and archiving transportation system 

15 traffic condition and performance information; 

16 ‘‘(E) the implementation of intelligent 

17 transportation systems and technologies that im18 prove highway safety through information and 

19 communications systems linking vehicles, infra20 structure, mobile devices, transportation users, 

21 and emergency responders; 

22 ‘‘(F) the provision of services necessary to 

23 ensure the efficient operation and management of 

24 ITS infrastructure, including costs associated 

25 with communications, utilities, rent, hardware, 
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1 software, labor, administrative costs, training, 

2 and technical services; 

3 ‘‘(G) the provision of support for the estab4 lishment and maintenance of institutional rela5 tionships between transportation agencies, police, 

6 emergency medical services, private emergency 

7 operators, freight operators, shippers, public 

8 service utilities, and telecommunications pro9 viders; 

10 ‘‘(H) carrying out multimodal and cross-ju11 risdictional planning and deployment of re12 gional transportation systems operations and 

13 management approaches; and 

14 ‘‘(I) performing project evaluations to deter15 mine the costs, benefits, lessons learned, and fu16 ture deployment strategies associated with the 

17 deployment of intelligent transportation systems. 

18 ‘‘(5) REPORT TO SECRETARY.—For each fiscal 

19 year that an eligible entity receives a grant under 

20 this subsection, not later than 1 year after receiving 

21 the grant, each recipient shall submit to the Secretary 

22 a report that describes how the project has met the ex23 pectations projected in the deployment plan submitted 

24 with the application, including information on— 
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1 ‘‘(A) how the program has helped reduce 

2 traffic crashes, congestion, costs, and other bene3 fits of the deployed systems; 

4 ‘‘(B) the effect of measuring and improving 

5 transportation system performance through the 

6 deployment of advanced technologies; 

7 ‘‘(C) the effectiveness of providing real-time 

8 integrated traffic, transit, and multimodal trans9 portation information to the public that allows 

10 the public to make informed travel decisions; and 

11 ‘‘(D) lessons learned and recommendations 

12 for future deployment strategies to optimize 

13 transportation efficiency and multimodal system 

14 performance. 

15 ‘‘(6) REPORT TO CONGRESS.—Not later than 2 

16 years after the date on which the first grant is award17 ed under this subsection and annually thereafter for 

18 each fiscal year for which grants are awarded under 

19 this subsection, the Secretary shall submit to Congress 

20 a report that describes the effectiveness of the grant 

21 recipients in meeting the projected deployment plan 

22 goals, including data on how the grant program 

23 has— 

24 ‘‘(A) reduced traffic-related fatalities and 

25 injuries; 
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1 ‘‘(B) reduced traffic congestion and im2 proved travel-time reliability; 

3 ‘‘(C) reduced transportation-related emis4 sions; 

5 ‘‘(D) optimized multimodal system perform6 ance; 

7 ‘‘(E) improved access to transportation al8 ternatives; 

9 ‘‘(F) provided the public with access to real10 time integrated traffic, transit, and multimodal 

11 transportation information to make informed 

12 travel decisions; 

13 ‘‘(G) provided cost savings to transportation 

14 agencies, businesses, and the traveling public; 

15 and 

16 ‘‘(H) provided other benefits to transpor17 tation users and the general public. 

18 ‘‘(7) ADDITIONAL GRANTS.—If the Secretary de19 termines, based on a report submitted under para20 graph (5), that a grant recipient is not complying 

21 with the established grant criteria, the Secretary 

22 may— 

23 ‘‘(A) cease payment to the recipient of any 

24 remaining grant amounts; and 
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1 ‘‘(B) redistribute any remaining amounts to 

2 other eligible entities under this section. 

3 ‘‘(8) NON-FEDERAL SHARE.—The Federal share 

4 of the cost of a project for which a grant is provided 

5 under this subsection shall not exceed 50 percent of 

6 the cost of the project. 

7 ‘‘(9) FUNDING.—Of the funds made available 

8 each fiscal year to carry out the intelligent transpor9 tation system program under sections 512 through 

10 518, not less than $30,000,000 shall be used to carry 

11 out this subsection.’’. 

12 (b) INTELLIGENT TRANSPORTATION SYSTEMS GOALS

13 AND PURPOSES.—Section 514(a) of title 23, United States 

14 Code, is amended— 

15 (1) in paragraph (4), by striking ‘‘and’’ at the 

16 end; and 

17 (2) by striking paragraph (5) and inserting the 

18 following: 

19 ‘‘(5) improvement of the ability of the United 

20 States to respond to security-related or other man21 made emergencies and natural disasters; and 

22 ‘‘(6) enhancement of the freight system of the 

23 United States and support to freight policy goals by 

24 conducting heavy duty vehicle demonstration activi-
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1 ties and accelerating adoption of ITS applications in 

2 freight operations.’’. 

3 (c) ITS ADVISORY COMMITTEE REPORT.—Section 

4 515(h)(4) of title 23, United States Code, is amended in 

5 the matter preceding subparagraph (A) by striking ‘‘Feb6 ruary 1 of each year after the date of enactment of the 

7 Transportation Research and Innovative Technology Act of 

8 2012’’ and inserting ‘‘May 1 of each year’’. 

9 SEC. 12003. FUTURE INTERSTATE STUDY. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) a well-developed system of transportation in12 frastructure is critical to the economic well-being, 

13 health, and welfare of the people of the United States; 

14 (2) the 47,000-mile national Interstate System is 

15 the backbone to that transportation infrastructure 

16 system; and 

17 (3) as of the date of enactment of this Act— 

18 (A) many segments of the approximately 

19 60-year-old Interstate System are well beyond 

20 the 50-year design life of the System and yet 

21 these aging facilities are central to the transpor22 tation infrastructure system, carrying 25 percent 

23 of the vehicle traffic of the United States on just 

24 1 percent of the total public roadway mileage; 
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1 (B) the need for ongoing maintenance, pres2 ervation, and reconstruction of the Interstate 

3 System has grown due to increasing and chang4 ing travel demands; and 

5 (C) simple maintenance of the current con6 dition and configuration of the Interstate System 

7 is insufficient for the System to fully serve the 

8 transportation needs of the United States for the 

9 next 50 years. 

10 (b) FUTURE INTERSTATE SYSTEM STUDY.—Not later 

11 than 180 days after the date of enactment of this Act, the 

12 Secretary shall enter into an agreement with the Transpor13 tation Research Board of the National Academies to conduct 

14 a study on the actions needed to upgrade and restore the 

15 Dwight D. Eisenhower National System of Interstate and 

16 Defense Highways to its role as a premier system network 

17 that meets the growing and shifting demands of the 21st 

18 century and for the next 50 years (referred to in this section 

19 as the ‘‘study’’). 

20 (c) METHODOLOGIES.—In conducting the study, the 

21 Transportation Research Board shall build on the meth22 odologies examined and recommended in the report pre23 pared for the American Association of State Highway and 

24 Transportation Officials entitled ‘‘National Cooperative 

25 Highway Research Program Project 20–24(79): Specifica-
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1 tions for a National Study of the Future 3R, 4R, and Ca2 pacity Needs of the Interstate System’’ and dated December 

3 2013. 

4 (d) RECOMMENDATIONS.—The study— 

5 (1) shall include specific recommendations re6 garding the features, standards, capacity needs, ap7 plication of technologies, and intergovernmental roles 

8 to upgrade the Interstate System, including any revi9 sions to law (including regulations) that the Trans10 portation Research Board determines appropriate to 

11 achieve the goals; and 

12 (2) is encouraged to build on the robust institu13 tional knowledge in the highway industry in apply14 ing the techniques involved in implementing the 

15 study. 

16 (e) CONSIDERATIONS.—In carrying out the study, the 

17 Transportation Research Board shall determine the need for 

18 reconstruction and improvement of the Interstate System 

19 by considering— 

20 (1) future demands on transportation infrastruc21 ture determined for national planning purposes, in22 cluding commercial and private traffic flows to serve 

23 future economic activity and growth; 
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1 (2) the expected condition of the current Inter2 state System over the next 50 years, including long3 term deterioration and reconstruction needs; 

4 (3) those National Highway System routes that 

5 should be added to the existing Interstate System to 

6 more efficiently serve national traffic flows; 

7 (4) features that would take advantage of techno8 logical capabilities to address modern standards of 

9 construction, maintenance, and operations, for pur10 poses of safety, and system management, taking into 

11 further consideration system performance and cost; 

12 and 

13 (5) the resources necessary to maintain and im14 prove the Interstate System, including the resources 

15 required to upgrade those National Highway System 

16 routes identified in paragraph (3) to Interstate stand17 ards. 

18 (f) CONSULTATION.—In carrying out the study, the 

19 Transportation Research Board— 

20 (1) shall convene and consult with a panel of na21 tional experts including current and future owners, 

22 operators, and users of the Interstate System and pri23 vate sector stakeholders; and 

24 (2) is encouraged to consult with— 

25 (A) the Federal Highway Administration; 
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1 (B) States; 

2 (C) planning agencies at the metropolitan, 

3 State, and regional levels; 

4 (D) the motor carrier industry; 

5 (E) freight shippers; 

6 (F) highway safety groups; and 

7 (G) other appropriate entities. 

8 (g) REPORT.—Not later than 3 years after the date 

9 of enactment of this Act, the Transportation Research 

10 Board shall submit to the Secretary, the Committee on En11 vironment and Public Works of the Senate, and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives a report on the results of the study con14 ducted under this section. 

15 (h) FUNDING.—From amounts authorized to carry out 

16 the Highway Research and Development Program, the Sec17 retary shall use up to $5,000,000 for fiscal year 2016 to 

18 carry out this section. 

19 SEC. 12004. RESEARCHING SURFACE TRANSPORTATION 

20 SYSTEM FUNDING ALTERNATIVES. 

21 (a) IN GENERAL.—The Secretary shall promote the re22 search of user-based alternative revenue mechanisms that 

23 preserve a user fee structure to maintain the long-term sol24 vency of the Highway Trust Fund. 
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1 (b) OBJECTIVES.—The objectives of the research de2 scribed in subsection (a) shall be— 

3 (1) to study uncertainties relating to the design, 

4 acceptance, and implementation of 2 or more future 

5 user-based alternative revenue mechanisms; 

6 (2) to define the functionality of those user-based 

7 alternative revenue mechanisms; 

8 (3) to conduct or promote research activities to 

9 demonstrate and test those user-based alternative rev10 enue mechanisms, including by conducting field 

11 trials, by partnering with individual States, groups 

12 of States, or other appropriate entities to conduct the 

13 research activities; 

14 (4) to conduct outreach to increase public aware15 ness regarding the need for alternative funding 

16 sources for surface transportation programs and pro17 vide information on possible approaches; 

18 (5) to provide recommendations regarding adop19 tion and implementation of those user-based alter20 native revenue mechanisms; and 

21 (6) to minimize the administrative cost of any 

22 potential user-based alternative revenue mechanisms. 

23 (c) GRANTS.—The Secretary shall provide grants to 

24 individual States, groups of States, or other appropriate 

25 entities to conduct research that addresses— 
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1 (1) the implementation, interoperability, public 

2 acceptance, and other potential hurdles to the adop3 tion of a user-based alternative revenue mechanism; 

4 (2) the protection of personal privacy; 

5 (3) the use of independent and private third6 party vendors to collect fees and operate the user7 based alternative revenue mechanism; 

8 (4) equity concerns, including the impacts of the 

9 user-based alternative revenue mechanism on differing 

10 income groups, various geographic areas, and the rel11 ative burdens on rural and urban drivers; 

12 (5) ease of compliance for different users of the 

13 transportation system; 

14 (6) the reliability and security of technology used 

15 to implement the user-based alternative revenue mech16 anism; 

17 (7) the flexibility and choices of user-based alter18 native revenue mechanisms, including the ability of 

19 users to select from various technology and payment 

20 options; 

21 (8) the cost of administering the user-based alter22 native revenue mechanism; and 

23 (9) the ability of the administering entity to 

24 audit and enforce user compliance. 

25 (d) ADVISORY COUNCIL.— 
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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary, in 

3 consultation with the Secretary of the Treasury, shall 

4 establish and lead a Surface Transportation Revenue 

5 Alternatives Advisory Council (referred to in this sub6 section as the ‘‘Council’’) to inform the selection and 

7 evaluation of user-based alternative revenue mecha8 nisms. 

9 (2) MEMBERSHIP.— 

10 (A) IN GENERAL.—The members of the 

11 Council shall— 

12 (i) be appointed by the Secretary; and 

13 (ii) include, at a minimum— 

14 (I) representatives with experience 

15 in user-based alternative revenue mech16 anisms, of which— 

17 (aa) not fewer than 1 shall 

18 be from the Department; 

19 (bb) not fewer than 1 shall be 

20 from the Department of the Treas21 ury; and 

22 (cc) not fewer than 2 shall be 

23 from State departments of trans24 portation; 
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1 (II) representatives from applica2 ble users of the surface transportation 

3 system; and 

4 (III) appropriate technology and 

5 public privacy experts. 

6 (B) GEOGRAPHIC CONSIDERATIONS.—The 

7 Secretary shall consider geographic diversity 

8 when selecting members under this paragraph. 

9 (3) FUNCTIONS.—Not later than 1 year after the 

10 date on which the Council is established, the Council 

11 shall, at a minimum— 

12 (A) define the functionality of 2 or more 

13 user-based alternative revenue mechanisms; 

14 (B) identify technological, administrative, 

15 institutional, privacy, and other issues that— 

16 (i) are associated with the user-based 

17 alternative revenue mechanisms; and 

18 (ii) may be researched through research 

19 activities; 

20 (C) conduct public outreach to identify and 

21 assess questions and concerns about the user22 based alternative revenue mechanisms for future 

23 evaluation through research activities; and 
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1 (D) provide recommendations to the Sec2 retary on the process and criteria used for select3 ing research activities under subsection (c). 

4 (4) EVALUATIONS.—The Council shall conduct 

5 periodic evaluations of the research activities that 

6 have received assistance from the Secretary under this 

7 section. 

8 (5) APPLICABILITY OF FEDERAL ADVISORY COM9 MITTEE ACT.—The Council shall not be subject to the 

10 Federal Advisory Committee Act (5 U.S.C. App.). 

11 (e) BIENNIAL REPORTS.—Not later than 2 years after 

12 the date of enactment of this Act, and every 2 years there13 after until the completion of the research activities under 

14 this section, the Secretary shall submit to the Secretary of 

15 the Treasury, the Committee on Finance and the Committee 

16 on Environment and Public Works of the Senate, and the 

17 Committee on Ways and Means and the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives a report describing the progress of the research 

20 activities. 

21 (f) FINAL REPORT.—On the completion of the research 

22 activities under this section, the Secretary and the Sec23 retary of the Treasury, acting jointly, shall submit to the 

24 Committee on Finance and the Committee on Environment 

25 and Public Works of the Senate and the Committee on Ways 
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1 and Means and the Committee on Transportation and In2 frastructure of the House of Representatives a report de3 scribing the results of the research activities and any rec4 ommendations. 

5 (g) FUNDING.—Of the funds authorized to carry out 

6 section 503(b) of title 23, United States Code— 

7 (1) $15,000,000 shall be used to carry out this 

8 section in fiscal year 2016; and 

9 (2) $20,000,000 shall be used to carry out this 

10 section in each of fiscal years 2017 through 2021. 

11 Subtitle B—Data 

12 SEC. 12101. TRIBAL DATA COLLECTION. 

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

14 amended by adding at the end the following: 

15 ‘‘(C) TRIBAL DATA COLLECTION.—In addi16 tion to the data to be collected under subpara17 graph (A), not later than 90 days after the end 

18 of each fiscal year, any entity carrying out a 

19 project under the tribal transportation program 

20 under section 202 shall submit to the Secretary 

21 and the Secretary of Interior, based on obliga22 tions and expenditures under the tribal transpor23 tation program during the preceding fiscal year, 

24 the following data: 
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1 ‘‘(i) The names of projects or activities 

2 carried out by the entity under the tribal 

3 transportation program during the pre4 ceding fiscal year. 

5 ‘‘(ii) A description of the projects or 

6 activities identified under clause (i). 

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

8 or activities identified under clause (i). 

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

10 created and the number of jobs retained by 

11 the projects or activities identified under 

12 clause (i).’’. 

13 SEC. 12102. PERFORMANCE MANAGEMENT DATA SUPPORT 

14 PROGRAM. 

15 (a) PERFORMANCE MANAGEMENT DATA SUPPORT.— 

16 The Administrator of the Federal Highway Administration 

17 shall develop, use, and maintain data sets and data anal18 ysis tools to assist metropolitan planning organizations, 

19 States, and the Federal Highway Administration in car20 rying out performance management analyses (including the 

21 performance management requirements under section 150 

22 of title 23, United States Code). 

23 (b) INCLUSIONS.—The data analysis activities author24 ized under subsection (a) may include— 
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1 (1) collecting and distributing vehicle probe data 

2 describing traffic on Federal-aid highways; 

3 (2) collecting household travel behavior data to 

4 assess local and cross-jurisdictional travel, including 

5 to accommodate external and through travel; 

6 (3) enhancing existing data collection and anal7 ysis tools to accommodate performance measures, tar8 gets, and related data, so as to better understand trip 

9 origin and destination, trip time, and mode; 

10 (4) enhancing existing data analysis tools to im11 prove performance predictions and travel models in 

12 reports described in section 150(e) of title 23, United 

13 States Code; and 

14 (5) developing tools— 

15 (A) to improve performance analysis; and 

16 (B) to evaluate the effects of project invest17 ments on performance. 

18 (c) FUNDING.—From amounts authorized to carry out 

19 the Highway Research and Development Program, the Ad20 ministrator may use up to $10,000,000 for each of fiscal 

21 years 2016 through 2021 to carry out this section. 
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1 Subtitle C—Transparency and Best 

2 Practices 

3 SEC. 12201. EVERY DAY COUNTS INITIATIVE. 

4 (a) IN GENERAL.—It is in the national interest for 

5 the Department, State departments of transportation, and 

6 all other recipients of Federal transportation funds— 

7 (1) to identify, accelerate, and deploy innovation 

8 aimed at shortening project delivery, enhancing the 

9 safety of the roadways of the United States, and pro10 tecting the environment; 

11 (2) to ensure that the planning, design, engineer12 ing, construction, and financing of transportation 

13 projects is done in an efficient and effective manner; 

14 (3) to promote the rapid deployment of proven 

15 solutions that provide greater accountability for pub16 lic investments and encourage greater private sector 

17 involvement; and 

18 (4) to create a culture of innovation within the 

19 highway community. 

20 (b) EVERY DAY COUNTS INITIATIVE.—To advance the 

21 policy described in subsection (a), the Administrator of the 

22 Federal Highway Administration (referred to in this sec23 tion as the ‘‘Administrator’’) shall continue the Every Day 

24 Counts initiative to work with States, local transportation 
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1 agencies, and industry stakeholders to identify and deploy 

2 proven innovative practices and products that— 

3 (1) accelerate innovation deployment; 

4 (2) shorten the project delivery process; 

5 (3) improve environmental sustainability; 

6 (4) enhance roadway safety; and 

7 (5) reduce congestion. 

8 (c) INNOVATION DEPLOYMENT.— 

9 (1) IN GENERAL.—At least every 2 years, the Ad10 ministrator shall work collaboratively with stake11 holders to identify a new collection of innovations, 

12 best practices, and data to be deployed to highway 

13 stakeholders through case studies, webinars, and dem14 onstration projects. 

15 (2) REQUIREMENTS.—In identifying a collection 

16 described in paragraph (1), the Secretary shall take 

17 into account market readiness, impacts, benefits, and 

18 ease of adoption of the innovation or practice. 

19 (d) PUBLICATION.—Each collection identified under 

20 subsection (c) shall be published by the Administrator on 

21 a publicly available website. 

22 SEC. 12202. DEPARTMENT OF TRANSPORTATION PERFORM23 ANCE MEASURES. 

24 (a) PERFORMANCE MEASURES.—Not later than 1 year 

25 after the date of enactment of this Act, the Secretary, in 
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1 coordination with the heads of other Federal agencies with 

2 responsibility for the review and approval of projects funded 

3 under title 23, United States Code, shall measure and re4 port on— 

5 (1) the progress made toward aligning Federal 

6 reviews of projects funded under title 23, United 

7 States Code, and the improvement of project delivery 

8 associated with those projects; and 

9 (2) as applicable, the effectiveness of the Depart10 ment in achieving the goals described in section 

11 150(b) of title 23, United States Code, through discre12 tionary programs. 

13 (b) REPORT.—Not later than 2 years after the date 

14 of enactment of this Act and biennially thereafter, the Sec15 retary shall submit to the Committee on Environment and 

16 Public Works of the Senate and the Committee on Transpor17 tation and Infrastructure of the House of Representatives 

18 a report describing the results of the evaluation conducted 

19 under subsection (a). 

20 (c) INSPECTOR GENERAL REPORT.—Not later than 3 

21 years after the date of enactment of this Act, the Inspector 

22 General of the Department shall submit to the Committee 

23 on Environment and Public Works of the Senate and the 

24 Committee on Transportation and Infrastructure of the 
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1 House of Representatives a report describing the results of 

2 the evaluation conducted under subsection (a). 

3 SEC. 12203. GRANT PROGRAM FOR ACHIEVEMENT IN TRANS4 PORTATION FOR PERFORMANCE AND INNO5 VATION. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ includes— 

9 (A) a State; 

10 (B) a unit of local government; 

11 (C) a tribal organization (as defined in sec12 tion 4 of the Indian Self-Determination and 

13 Education Assistance Act (25 U.S.C. 450b)); and 

14 (D) a metropolitan planning organization. 

15 (2) STATE.—The term ‘‘State’’ means— 

16 (A) a State; 

17 (B) the District of Columbia; 

18 (C) the Commonwealth of Puerto Rico; and 

19 (D) any other territory (as defined in sec20 tion 165(c)(1) of title 23, United States Code). 

21 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

22 shall establish a competitive grant program to reward— 

23 (1) achievement in transportation performance 

24 management; and 
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1 (2) the implementation of strategies that achieve 

2 innovation and efficiency in surface transportation. 

3 (c) PURPOSE.—The purpose of the program under this 

4 section shall be to reward entities for the implementation 

5 of policies and procedures that— 

6 (1) support performance-based management of 

7 the surface transportation system and improve trans8 portation outcomes; or 

9 (2) use innovative technologies and practices that 

10 improve the efficiency and performance of the surface 

11 transportation system. 

12 (d) APPLICATION.— 

13 (1) IN GENERAL.—An eligible entity may submit 

14 to the Secretary an application for a grant under this 

15 section. 

16 (2) CONTENTS.—An application under para17 graph (1) shall indicate the means by which the eligi18 ble entity has met the requirements and purpose of 

19 the program under this section, including by— 

20 (A) establishing, and making progress to21 ward achieving, performance targets that exceed 

22 the requirements of title 23, United States Code; 

23 (B) using innovative techniques and prac24 tices that enhance the effective movement of peo25 ple, goods, and services, such as technologies that 
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1 reduce construction time, improve operational ef2 ficiencies, and extend the service life of highways 

3 and bridges; and 

4 (C) employing transportation planning 

5 tools and procedures that improve transparency 

6 and the development of transportation invest7 ment strategies within the jurisdiction of the eli8 gible entity. 

9 (e) EVALUATION CRITERIA.—In awarding a grant 

10 under this section, the Secretary shall take into consider11 ation the extent to which the application of the applicable 

12 eligible entity under subsection (d)— 

13 (1) demonstrates performance in meeting the re14 quirements of subsection (c); and 

15 (2) promotes the national goals described in sec16 tion 150(b) of title 23, United States Code. 

17 (f) ELIGIBLE ACTIVITIES.—Amounts made available 

18 to carry out this section shall be used for projects eligible 

19 for funding under— 

20 (1) title 23, United States Code; or 

21 (2) chapter 53 of title 49, United States Code. 

22 (g) LIMITATION.—The amount of a grant under this 

23 section shall be not more than $15,000,000. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.— 
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1 (1) IN GENERAL.—There is authorized to be ap2 propriated out of the general fund of the Treasury to 

3 carry out this section $150,000,000 for each of fiscal 

4 years 2016 through 2021, to remain available until 

5 expended. 

6 (2) ADMINISTRATIVE COSTS.—The Secretary 

7 shall withhold a reasonable amount of funds made 

8 available under paragraph (1) for administration of 

9 the program under this section, not to exceed 3 per10 cent of the amount appropriated for each applicable 

11 fiscal year. 

12 (i) APPLICABILITY OF REQUIREMENTS.—Amounts 

13 made available under this section shall be administered as 

14 if the funds were apportioned under chapter 1 of title 23, 

15 United States Code. 

16 SEC. 12204. HIGHWAY TRUST FUND TRANSPARENCY AND 

17 ACCOUNTABILITY. 

18 (a) IN GENERAL.—Section 104 of title 23, United 

19 States Code, is amended by striking subsection (g) and in20 serting the following: 

21 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC22 COUNTABILITY REPORT.— 

23 ‘‘(1) PUBLICLY AVAILABLE REPORT.—Not later 

24 than 180 days after the date of enactment of the 

25 DRIVE Act and quarterly thereafter, the Secretary 
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1 shall compile data in accordance with this subsection 

2 on the use of Federal-aid highway program funds 

3 made available under this title. 

4 ‘‘(2) REQUIREMENTS.—The Secretary shall en5 sure that the reports required under this subsection 

6 are made available in a user-friendly manner on the 

7 public website of the Department of Transportation 

8 and can be searched and downloaded by users of the 

9 website. 

10 ‘‘(3) CONTENTS OF REPORT.— 

11 ‘‘(A) APPORTIONED AND ALLOCATED PRO12 GRAMS.—For each fiscal year, the report shall 

13 include comprehensive data for each program, 

14 organized by State, that includes— 

15 ‘‘(i) the total amount of funds avail16 able for obligation, identifying the unobli17 gated balance of funds available at the end 

18 of the preceding fiscal year and new fund19 ing available for the current fiscal year; 

20 ‘‘(ii) the total amount of funding obli21 gated during the current fiscal year; 

22 ‘‘(iii) the remaining amount of funds 

23 available for obligation; 

24 ‘‘(iv) changes in the obligated, unex25 pended balance during the current fiscal 
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1 year, including the obligated, unexpended 

2 balance at the end of the preceding fiscal 

3 year and current fiscal year expenditures; 

4 and 

5 ‘‘(v) the percentage of the total amount 

6 of obligations for the current fiscal year 

7 used for construction and the total amount 

8 obligated during the current fiscal year for 

9 rehabilitation. 

10 ‘‘(B) PROJECT DATA.—To the maximum ex11 tent practicable, the report shall include project12 specific data, including data describing— 

13 ‘‘(i) the specific location of a project; 

14 ‘‘(ii) whether the project is located in 

15 an area of the State with a population of— 

16 ‘‘(I) less than 5,000 individuals; 

17 ‘‘(II) 5,000 or more individuals 

18 but less than 50,000 individuals; or 

19 ‘‘(III) 50,000 or more individuals; 

20 ‘‘(iii) the total cost of the project; 

21 ‘‘(iv) the amount of Federal funding 

22 being used on the project; 

23 ‘‘(v) the 1 or more programs from 

24 which Federal funds are obligated on the 

25 project; 
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1 ‘‘(vi) the type of improvement being 

2 made, such as categorizing the project as— 

3 ‘‘(I) a road reconstruction project; 

4 ‘‘(II) a new road construction 

5 project; 

6 ‘‘(III) a new bridge construction 

7 project; 

8 ‘‘(IV) a bridge rehabilitation 

9 project; or 

10 ‘‘(V) a bridge replacement project; 

11 and 

12 ‘‘(vii) the ownership of the highway or 

13 bridge. 

14 ‘‘(C) TRANSFERS BETWEEN PROGRAMS.— 

15 The report shall include a description of the 

16 amount of funds transferred between programs 

17 by each State under section 126.’’. 

18 (b) CONFORMING AMENDMENT.—Section 1503 of 

19 MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is 

20 amended by striking subsection (c). 

21 SEC. 12205. REPORT ON HIGHWAY TRUST FUND ADMINIS22 TRATIVE EXPENDITURES. 

23 (a) INITIAL REPORT.—Not later than 150 days after 

24 the date of enactment of this Act, the Comptroller General 

25 of the United States shall submit to Congress a report de-
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1 scribing the administrative expenses of the Federal High2 way Administration funded from the Highway Trust Fund 

3 during the 3 most recent fiscal years. 

4 (b) UPDATES.—Not later than 5 years after the date 

5 on which the report is submitted under subsection (a) and 

6 every 5 years thereafter, the Comptroller General shall sub7 mit to Congress a report that updates the information pro8 vided in the report under that subsection for the preceding 

9 5-year period. 

10 (c) INCLUSIONS.—Each report submitted under sub11 section (a) or (b) shall include a description of the— 

12 (1) types of administrative expenses of programs 

13 and offices funded by the Highway Trust Fund; 

14 (2) tracking and monitoring of administrative 

15 expenses; 

16 (3) controls in place to ensure that funding for 

17 administrative expenses is used as efficiently as prac18 ticable; and 

19 (4) flexibility of the Department to reallocate 

20 amounts from the Highway Trust Fund between full21 time equivalent employees and other functions. 

22 SEC. 12206. AVAILABILITY OF REPORTS. 

23 (a) IN GENERAL.—The Secretary shall make available 

24 to the public on the website of the Department any report 
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1 required to be submitted by the Secretary to Congress after 

2 the date of enactment of this Act. 

3 (b) DEADLINE.—Each report described in subsection 

4 (a) shall be made available on the website not later than 

5 30 days after the report is submitted to Congress. 

6 SEC. 12207. PERFORMANCE PERIOD ADJUSTMENT. 

7 (a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.— 

8 Section 119 of title 23, United States Code, is amended— 

9 (1) in subsection (e)(7), by striking ‘‘for 2 con10 secutive reports submitted under this paragraph shall 

11 include in the next report submitted’’ and inserting 

12 ‘‘shall include as part of the performance target re13 port under section 150(e)’’; and 

14 (2) in subsection (f)(1)(A), by striking ‘‘If, dur15 ing 2 consecutive reporting periods, the condition of 

16 the Interstate System, excluding bridges on the Inter17 state System, in a State falls’’ and inserting ‘‘If a 

18 State reports that the condition of the Interstate Sys19 tem, excluding bridges on the Interstate System, has 

20 fallen’’. 

21 (b) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—Sec22 tion 148(i) of title 23, United States Code, is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘performance targets of the State established 

25 under section 150(d) by the date that is 2 years after 
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† HR 22 EAS 

1 the date of the establishment of the performance tar2 gets’’ and inserting ‘‘safety performance targets of the 

3 State established under section 150(d)’’; and 

4 (2) in paragraphs (1) and (2), by inserting 

5 ‘‘safety’’ before ‘‘performance targets’’ each place it 

6 appears. 

7 SEC. 12208. DESIGN STANDARDS. 

8 (a) IN GENERAL.—Section 109 of title 23, United 

9 States Code, is amended— 

10 (1) in subsection (c)— 

11 (A) in paragraph (1)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘may take into ac14 count’’ and inserting ‘‘shall consider’’; and 

15 (ii) in subparagraph (C), by striking 

16 ‘‘access for’’ and inserting ‘‘access and safe17 ty for’’; and 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (C), by striking 

20 ‘‘and’’ at the end; 

21 (ii) by redesignating subparagraph (D) 

22 as subparagraph (F); and 

23 (iii) by inserting after subparagraph 

24 (C) the following: 
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1 ‘‘(D) the publication entitled ‘Highway 

2 Safety Manual’ of the American Association of 

3 State Highway and Transportation Officials; 

4 ‘‘(E) the publication entitled ‘Urban Street 

5 Design Guide’ of the National Association of 

6 City Transportation Officials; and’’; 

7 (2) in subsection (f), by inserting ‘‘pedestrian 

8 walkways,’’ after ‘‘bikeways,’’; and 

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

10 ‘‘(s) SAFETY FOR MOTORIZED AND NONMOTORIZED

11 USERS.— 

12 ‘‘(1) IN GENERAL.—Not later than 2 years after 

13 the date of the enactment of this subsection, the Sec14 retary shall establish standards to ensure that the de15 sign of Federal surface transportation projects pro16 vides for the safe and adequate accommodation (as 

17 determined by the State or other direct recipient of 

18 funds), in all phases of project planning, development, 

19 and operation, of all users of the transportation net20 work, including motorized and nonmotorized users. 

21 ‘‘(2) WAIVER FOR STATE LAW OR POLICY.—The 

22 Secretary may waive the application of standards es23 tablished under paragraph (1) to a State that has 

24 adopted a law or policy that provides for the safe and 

25 adequate accommodation (as determined by the State 
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1 or other direct recipient of funds), in all phases of 

2 project planning and development, of users of the 

3 transportation network on federally funded surface 

4 transportation projects. 

5 ‘‘(3) COMPLIANCE.— 

6 ‘‘(A) IN GENERAL.—Each State department 

7 of transportation shall submit a report to the 

8 Secretary, at such time, in such manner, and 

9 containing such information as the Secretary 

10 shall require, that describes measures imple11 mented by the State to comply with this sub12 section. 

13 ‘‘(B) DETERMINATION BY SECRETARY.— 

14 Upon the receipt of a report from a State under 

15 subparagraph (A), the Secretary shall determine 

16 whether the State is in compliance with this sec17 tion.’’. 

18 (b) DESIGN STANDARD FLEXIBILITY.—Notwith19 standing section 109(o) of title 23, United States Code, a 

20 local jurisdiction may use a roadway design guide that is 

21 different from the roadway design guide used by the State 

22 in which the local jurisdiction is located for the design of 

23 projects on all roadways under the ownership of the local 

24 jurisdiction (other than a highway on the Interstate Sys25 tem) if— 
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1 (1) the local jurisdiction is the project sponsor; 

2 (2) the roadway design guide— 

3 (A) is recognized by the Federal Highway 

4 Administration; and 

5 (B) is adopted by the local jurisdiction; and 

6 (3) the design complies with all other applicable 

7 Federal laws. 

8 TITLE III—TRANSPORTATION IN9 FRASTRUCTURE FINANCE 

10 AND INNOVATION ACT OF 

11 1998 AMENDMENTS 

12 SEC. 13001. TRANSPORTATION INFRASTRUCTURE FINANCE 

13 AND INNOVATION ACT OF 1998 AMENDMENTS. 

14 (a) DEFINITIONS.—Section 601(a) of title 23, United 

15 States Code, is amended— 

16 (1) in the matter preceding paragraph (1)— 

17 (A) by striking ‘‘In this chapter, the’’ and 

18 inserting ‘‘The’’; and 

19 (B) by inserting ‘‘to sections 601 through 

20 609’’ after ‘‘apply’’; 

21 (2) in paragraph (2)— 

22 (A) in subparagraph (B), by striking ‘‘and’’ 

23 at the end; 

24 (B) in subparagraph (C), by striking the 

25 period at the end and inserting ‘‘; and’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(D) capitalizing a rural projects fund 

3 using the proceeds of a secured loan made to a 

4 State infrastructure bank in accordance with 

5 sections 602 and 603, for the purpose of making 

6 loans to sponsors of rural infrastructure projects 

7 in accordance with section 610.’’; 

8 (3) in paragraph (3), by striking ‘‘this chapter’’ 

9 and inserting ‘‘the TIFIA program’’; 

10 (4) in paragraph (10)— 

11 (A) in the matter preceding subparagraph 

12 (A)— 

13 (i) by inserting ‘‘related’’ before 

14 ‘‘projects’’; and 

15 (ii) by striking ‘‘(which shall receive 

16 an investment grade rating from a rating 

17 agency)’’; 

18 (B) in subparagraph (A), by striking ‘‘sub19 ject to the availability of future funds being 

20 made available to carry out this chapter;’’ and 

21 inserting ‘‘subject to— 

22 ‘‘(i) the availability of future funds 

23 being made available to carry out the 

24 TIFIA program; and 
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1 ‘‘(ii) the satisfaction of all of the condi2 tions for the provision of credit assistance 

3 under the TIFIA program, including sec4 tion 603(b)(1);’’; and 

5 (C) in subparagraph (D)— 

6 (i) by redesignating clauses (ii) and 

7 (iii) as clauses (iii) and (iv), respectively; 

8 (ii) by inserting after clause (i) the fol9 lowing: 

10 ‘‘(ii) receiving an investment grade 

11 rating from a rating agency;’’; 

12 (iii) in clause (iii) (as so redesig13 nated), by striking ‘‘section 602(c)’’ and in14 serting ‘‘including sections 602(c) and 

15 603(b)(1)’’; and 

16 (iv) in clause (iv) (as so redesignated), 

17 by striking ‘‘this chapter’’ and inserting 

18 ‘‘the TIFIA program’’; 

19 (5) in paragraph (12)— 

20 (A) in subparagraph (D)(iv), by striking 

21 the period at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(E) a project to improve or construct pub24 lic infrastructure that is located within walking 

25 distance of, and accessible to, a fixed guideway 
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† HR 22 EAS 

1 transit facility, passenger rail station, intercity 

2 bus station, or intermodal facility, including a 

3 transportation, public utility, and capital 

4 project described in section 5302(3)(G)(v) of title 

5 49, and related infrastructure; 

6 ‘‘(F) a project for the acquisition of plant 

7 and wildlife habitat pursuant to a conservation 

8 plan that— 

9 ‘‘(i) has been approved by the Sec10 retary of the Interior pursuant to section 10 

11 of the Endangered Species Act of 1973 (16 

12 U.S.C. 1539); and 

13 ‘‘(ii) as determined by the Secretary of 

14 the Interior, would mitigate the environ15 mental impacts of transportation infra16 structure projects otherwise eligible for as17 sistance under the TIFIA program; and 

18 ‘‘(G) the capitalization of a rural projects 

19 fund by a State infrastructure bank with the 

20 proceeds of a secured loan made in accordance 

21 with sections 602 and 603, for the purpose of 

22 making loans to sponsors of rural infrastructure 

23 projects in accordance with section 610.’’; 

24 (6) in paragraph (15), by striking ‘‘means’’ and 

25 all that follows through the period at the end and in-
216 

† HR 22 EAS 

1 serting ‘‘means a surface transportation infrastruc2 ture project located in an area that is outside of an 

3 urbanized area with a population greater than 

4 150,000 individuals, as determined by the Bureau of 

5 the Census.’’; 

6 (7) by redesignating paragraphs (16), (17), (18), 

7 (19), and (20) as paragraphs (17), (18), (20), (21), 

8 and (22), respectively; 

9 (8) by inserting after paragraph (15) the fol10 lowing: 

11 ‘‘(16) RURAL PROJECTS FUND.—The term ‘rural 

12 projects fund’ means a fund— 

13 ‘‘(A) established by a State infrastructure 

14 bank in accordance with section 610(d)(4); 

15 ‘‘(B) capitalized with the proceeds of a se16 cured loan made to the bank in accordance with 

17 sections 602 and 603; and 

18 ‘‘(C) for the purpose of making loans to 

19 sponsors of rural infrastructure projects in ac20 cordance with section 610.’’; 

21 (9) by inserting after paragraph (18) (as redes22 ignated) the following: 

23 ‘‘(19) STATE INFRASTRUCTURE BANK.—The term 

24 ‘State infrastructure bank’ means an infrastructure 

25 bank established under section 610.’’; and 
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† HR 22 EAS 

1 (10) in paragraph (22) (as redesignated), by in2 serting ‘‘established under sections 602 through 609’’ 

3 after ‘‘Department’’. 

4 (b) DETERMINATION OF ELIGIBILITY AND PROJECT

5 SELECTION.—Section 602 of title 23, United States Code, 

6 is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), in the matter pre9 ceding subparagraph (A), by striking ‘‘this chap10 ter’’ and inserting ‘‘the TIFIA program’’; 

11 (B) in paragraph (2)(A), by striking ‘‘this 

12 chapter’’ and inserting ‘‘the TIFIA program’’; 

13 (C) in paragraph (3), by striking ‘‘this 

14 chapter’’ and inserting ‘‘the TIFIA program’’; 

15 (D) in paragraph (5)— 

16 (i) by striking the heading and insert17 ing ‘‘ELIGIBLE PROJECT COST PARAM18 ETERS.—’’; 

19 (ii) in subparagraph (A)— 

20 (I) in the matter preceding clause 

21 (i), by striking ‘‘subparagraph (B), to 

22 be eligible for assistance under this 

23 chapter, a project’’ and inserting ‘‘sub24 paragraphs (B) and (C), a project 

25 under the TIFIA program’’; 
218 

† HR 22 EAS 

1 (II) by striking clause (i) and in2 serting the following: 

3 ‘‘(i) $50,000,000; and’’; and 

4 (III) in clause (ii), by striking 

5 ‘‘assistance’’; and 

6 (iii) in subparagraph (B)— 

7 (I) by striking the subparagraph 

8 designation and heading and all that 

9 follows through ‘‘In the case’’ and in10 serting the following: 

11 ‘‘(B) EXCEPTIONS.— 

12 ‘‘(i) INTELLIGENT TRANSPORTATION

13 SYSTEMS.—In the case’’; and 

14 (II) by adding at the end the fol15 lowing: 

16 ‘‘(ii) TRANSIT-ORIENTED DEVELOP17 MENT PROJECTS.—In the case of a project 

18 described in section 601(a)(12)(E), eligible 

19 project costs shall be reasonably anticipated 

20 to equal or exceed $10,000,000. 

21 ‘‘(iii) RURAL PROJECTS.—In the case 

22 of a rural infrastructure project or a project 

23 capitalizing a rural projects fund, eligible 

24 project costs shall be reasonably anticipated 
219 

† HR 22 EAS 

1 to equal or exceed $10,000,000, but not to 

2 exceed $100,000,000. 

3 ‘‘(iv) LOCAL INFRASTRUCTURE

4 PROJECTS.—Eligible project costs shall be 

5 reasonably anticipated to equal or exceed 

6 $10,000,000 in the case of projects or pro7 grams of projects— 

8 ‘‘(I) in which the applicant is a 

9 local government, public authority, or 

10 instrumentality of local government; 

11 ‘‘(II) located on a facility owned 

12 by a local government; or 

13 ‘‘(III) for which the Secretary de14 termines that a local government is 

15 substantially involved in the develop16 ment of the project.’’; 

17 (E) in paragraph (9), in the matter pre18 ceding subparagraph (A), by striking ‘‘this chap19 ter’’ and inserting ‘‘the TIFIA program’’; and 

20 (F) in paragraph (10)— 

21 (i) by striking ‘‘To be eligible’’ and in22 serting the following: 

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

24 subparagraph (B), to be eligible’’; 
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† HR 22 EAS 

1 (ii) by striking ‘‘this chapter’’ each 

2 place it appears and inserting ‘‘the TIFIA 

3 program’’; 

4 (iii) by striking ‘‘not later than’’ and 

5 inserting ‘‘no later than’’; and 

6 (iv) by adding at the end the following: 

7 ‘‘(B) RURAL PROJECTS FUND.—In the case 

8 of a project capitalizing a rural projects fund, 

9 the State infrastructure bank shall demonstrate, 

10 not later than 2 years after the date on which a 

11 secured loan is obligated for the project under the 

12 TIFIA program, that the bank has executed a 

13 loan agreement with a borrower for a rural in14 frastructure project in accordance with section 

15 610. After the demonstration is made, the bank 

16 may draw upon the secured loan. At the end of 

17 the 2-year period, to the extent the bank has not 

18 used the loan commitment, the Secretary may 

19 extend the term of the loan or withdraw the loan 

20 commitment.’’; 

21 (2) in subsection (b), by striking paragraph (2) 

22 and inserting the following: 

23 ‘‘(2) MASTER CREDIT AGREEMENTS.— 

24 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

25 The Secretary may enter into a master credit 
221 

† HR 22 EAS 

1 agreement for a program of related projects se2 cured by a common security pledge on terms ac3 ceptable to the Secretary. 

4 ‘‘(B) ADEQUATE FUNDING NOT AVAIL5 ABLE.—If the Secretary fully obligates funding 

6 to eligible projects for a fiscal year and adequate 

7 funding is not available to fund a credit instru8 ment, a project sponsor of an eligible project 

9 may elect to enter into a master credit agreement 

10 and wait to execute a credit instrument until the 

11 fiscal year for which additional funds are avail12 able to receive credit assistance.’’; 

13 (3) in subsection (c)(1), in the matter preceding 

14 subparagraph (A), by striking ‘‘this chapter’’ and in15 serting ‘‘the TIFIA program’’; and 

16 (4) in subsection (e), by striking ‘‘this chapter’’ 

17 and inserting ‘‘the TIFIA program’’. 

18 (c) SECURED LOAN TERMS AND LIMITATIONS.—Sec19 tion 603(b) of title 23, United States Code, is amended— 

20 (1) in paragraph (2)— 

21 (A) by striking ‘‘The amount of’’ and in22 serting the following: 

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

24 subparagraph (B), the amount of’’; and 

25 (B) by adding at the end the following: 
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† HR 22 EAS 

1 ‘‘(B) RURAL PROJECTS FUND.—In the case 

2 of a project capitalizing a rural projects fund, 

3 the maximum amount of a secured loan made to 

4 a State infrastructure bank shall be determined 

5 in accordance with section 602(a)(5)(B)(iii).’’; 

6 (2) in paragraph (3)(A)(i)— 

7 (A) in subclause (III), by striking ‘‘or’’ at 

8 the end; 

9 (B) in subclause (IV), by striking ‘‘and’’ at 

10 the end and inserting ‘‘or’’; and 

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

12 ‘‘(V) in the case of a secured loan 

13 for a project capitalizing a rural 

14 projects fund, any other dedicated rev15 enue sources available to a State infra16 structure bank, including repayments 

17 from loans made by the bank for rural 

18 infrastructure projects; and’’; 

19 (3) in paragraph (4)(B)— 

20 (A) in clause (i), by striking ‘‘under this 

21 chapter’’ and inserting ‘‘or a rural projects fund 

22 under the TIFIA program’’; and 

23 (B) in clause (ii), by inserting ‘‘and rural 

24 project funds’’ after ‘‘rural infrastructure 

25 projects’’; 
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† HR 22 EAS 

1 (4) in paragraph (5)— 

2 (A) by redesignating subparagraphs (A) 

3 and (B) as clauses (i) and (ii), respectively, and 

4 indenting appropriately; 

5 (B) in the matter preceding subparagraph 

6 (A), by striking ‘‘The final’’ and inserting the 

7 following: 

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

9 subparagraph (B), the final’’; and 

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

11 ‘‘(B) RURAL PROJECTS FUND.—In the case 

12 of a project capitalizing a rural projects fund, 

13 the final maturity date of the secured loan shall 

14 not exceed 35 years after the date on which the 

15 secured loan is obligated.’’; 

16 (5) in paragraph (8), by striking ‘‘this chapter’’ 

17 and inserting ‘‘the TIFIA program’’; and 

18 (6) in paragraph (9)— 

19 (A) by striking ‘‘The total Federal assist20 ance provided on a project receiving a loan 

21 under this chapter’’ and inserting the following: 

22 ‘‘(A) IN GENERAL.—The total Federal as23 sistance provided for a project receiving a loan 

24 under the TIFIA program’’; and 

25 (B) by adding at the end the following: 
224 

† HR 22 EAS 

1 ‘‘(B) RURAL PROJECTS FUND.—A project 

2 capitalizing a rural projects fund shall satisfy 

3 clause (i) through compliance with the Federal 

4 share requirement described in section 

5 610(e)(3)(B).’’. 

6 (d) PROGRAM ADMINISTRATION.—Section 605 of title 

7 23, United States Code, is amended— 

8 (1) by striking ‘‘this chapter’’ each place it ap9 pears and inserting ‘‘the TIFIA program’’; and 

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

11 ‘‘(f) ASSISTANCE TO SMALL PROJECTS.— 

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

13 made available to carry out the TIFIA program for 

14 each fiscal year, and after the set-aside under section 

15 608(a)(6), not less than $2,000,000 shall be made 

16 available for the Secretary to use in lieu of fees col17 lected under subsection (b) for projects under the 

18 TIFIA program having eligible project costs that are 

19 reasonably anticipated not to equal or exceed 

20 $75,000,000. 

21 ‘‘(2) RELEASE OF FUNDS.—Any funds not used 

22 under paragraph (1) shall be made available on Octo23 ber 1 of the following fiscal year to provide credit as24 sistance to any project under the TIFIA program.’’. 
225 

† HR 22 EAS 

1 (e) STATE AND LOCAL PERMITS.—Section 606 of title 

2 23, United States Code, is amended in the matter preceding 

3 paragraph (1) by striking ‘‘this chapter’’ and inserting ‘‘the 

4 TIFIA program’’. 

5 (f) REGULATIONS.—Section 607 of title 23, United 

6 States Code, is amended by striking ‘‘this chapter’’ and in7 serting ‘‘the TIFIA program’’. 

8 (g) FUNDING.—Section 608 of title 23, United States 

9 Code, is amended— 

10 (1) by striking ‘‘this chapter’’ each place it ap11 pears and inserting ‘‘the TIFIA program’’; and 

12 (2) in subsection (a)— 

13 (A) in paragraph (2), by inserting ‘‘of’’ 

14 after ‘‘504(f)’’; 

15 (B) in paragraph (3)— 

16 (i) in subparagraph (A), by inserting 

17 ‘‘or rural projects funds’’ after ‘‘rural infra18 structure projects’’; and 

19 (ii) in subparagraph (B), by inserting 

20 ‘‘or rural projects funds’’ after ‘‘rural infra21 structure projects’’; 

22 (C) by striking paragraph (4) and redesig23 nating paragraphs (5) and (6) as paragraphs 

24 (4) and (5), respectively; and 
226 

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1 (D) in paragraph (5) (as so redesignated), 

2 by striking ‘‘0.50 percent’’ and inserting ‘‘1.5 

3 percent’’. 

4 (h) REPORTS TO CONGRESS.—Section 609 of title 23, 

5 United States Code, is amended by striking ‘‘this chapter 

6 (other than section 610)’’ each place it appears and insert7 ing ‘‘the TIFIA program’’. 

8 (i) STATE INFRASTRUCTURE BANK PROGRAM.—Sec9 tion 610 of title 23, United States Code, is amended— 

10 (1) in subsection (a), by adding at the end the 

11 following: 

12 ‘‘(11) RURAL INFRASTRUCTURE PROJECT.—The 

13 term ‘rural infrastructure project’ has the meaning 

14 given the term in section 601. 

15 ‘‘(12) RURAL PROJECTS FUND.—The term ‘rural 

16 projects fund’ has the meaning given the term in sec17 tion 601.’’; 

18 (2) in subsection (d)— 

19 (A) in paragraph (1)(A), by striking ‘‘each 

20 of fiscal years’’ and all that follows through the 

21 end of subparagraph (A) and inserting ‘‘each fis22 cal year under each of paragraphs (1), (2), and 

23 (5) of section 104(b); and’’; 
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† HR 22 EAS 

1 (B) in paragraph (2), by striking ‘‘in each 

2 of fiscal years 2005 through 2009’’ and inserting 

3 ‘‘in each fiscal year’’; 

4 (C) in paragraph (3), by striking ‘‘in each 

5 of fiscal years 2005 through 2009’’ and inserting 

6 ‘‘in each fiscal year’’; 

7 (D) by redesignating paragraphs (4) 

8 through (6) as paragraphs (5) through (7), re9 spectively; 

10 (E) by inserting after paragraph (3) the fol11 lowing: 

12 ‘‘(4) RURAL PROJECTS FUND.—Subject to sub13 section (j), the Secretary may permit a State entering 

14 into a cooperative agreement under this section to es15 tablish a State infrastructure bank to deposit into the 

16 rural projects fund of the bank the proceeds of a se17 cured loan made to the bank in accordance with sec18 tion 602 and 603.’’; and 

19 (F) in paragraph (6) (as redesignated), by 

20 striking ‘‘section 133(d)(3)’’ and inserting ‘‘sec21 tion 133(d)(1)(A)(i)’’; 

22 (3) by striking subsection (e) and inserting the 

23 following: 

24 ‘‘(e) FORMS OF ASSISTANCE FROM STATE INFRA25 STRUCTURE BANKS.— 
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† HR 22 EAS 

1 ‘‘(1) IN GENERAL.—A State infrastructure bank 

2 established under this section may— 

3 ‘‘(A) with funds deposited into the highway 

4 account, transit account, or rail account of the 

5 bank, make loans or provide other forms of credit 

6 assistance to a public or private entity to carry 

7 out a project eligible for assistance under this 

8 section; and 

9 ‘‘(B) with funds deposited into the rural 

10 projects fund, make loans to a public or private 

11 entity to carry out a rural infrastructure project. 

12 ‘‘(2) SUBORDINATION OF LOAN.—The amount of 

13 a loan or other form of credit assistance provided for 

14 a project described in paragraph (1) may be subordi15 nated to any other debt financing for the project. 

16 ‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A 

17 State infrastructure bank established under this sec18 tion may— 

19 ‘‘(A) with funds deposited into the highway 

20 account, transit account, or rail account, make 

21 loans or provide other forms of credit assistance 

22 to a public or private entity in an amount up 

23 to 100 percent of the cost of carrying out a 

24 project eligible for assistance under this section; 

25 and 
229 

† HR 22 EAS 

1 ‘‘(B) with funds deposited into the rural 

2 projects fund, make loans to a public or private 

3 entity in an amount not to exceed 80 percent of 

4 the cost of carrying out a rural infrastructure 

5 project. 

6 ‘‘(4) INITIAL ASSISTANCE.—Initial assistance 

7 provided with respect to a project from Federal funds 

8 deposited into a State infrastructure bank under this 

9 section may not be made in the form of a grant.’’; 

10 (4) in subsection (g)— 

11 (A) in paragraph (1), by striking ‘‘each ac12 count’’ and inserting ‘‘the highway account, the 

13 transit account, and the rail account’’; and 

14 (B) in paragraph (4), by inserting ‘‘, except 

15 that any loan funded from the rural projects 

16 fund of the bank shall bear interest at or below 

17 the interest rate charged for the TIFIA loan pro18 vided to the bank under section 603’’ after ‘‘fea19 sible’’; and 

20 (5) in subsection (k), by striking ‘‘For each of 

21 fiscal years 2005 through 2009’’ and inserting ‘‘For 

22 each fiscal year’’. 
230 

† HR 22 EAS 

1 TITLE IV—TECHNICAL 

2 CORRECTIONS 

3 SEC. 14001. TECHNICAL CORRECTIONS. 

4 (a) Section 101(a)(29) of title 23, United States Code, 

5 is amended— 

6 (1) in subparagraph (B), by inserting a comma 

7 after ‘‘disabilities’’; and 

8 (2) in subparagraph (F)(i), by striking 

9 ‘‘133(b)(11)’’ and inserting ‘‘133(b)(14)’’. 

10 (b) Section 119(d)(1)(A) of title 23, United States 

11 Code, is amended by striking ‘‘mobility,’’ and inserting 

12 ‘‘congestion reduction, system reliability,’’. 

13 (c) Section 126(b) of title 23, United States Code (as 

14 amended by section 11014(b)), is amended by striking 

15 ‘‘133(d)’’ and inserting ‘‘133(d)(1)(A)’’. 

16 (d) Section 127(a)(3) of title 23, United States Code, 

17 is amended by striking ‘‘118(b)(2) of this title’’ and insert18 ing ‘‘118(b)’’. 

19 (e) Section 150(c)(3)(B) of title 23, United States 

20 Code, is amended by striking the semicolon at the end and 

21 inserting a period. 

22 (f) Section 153(h)(2) of title 23, United States Code, 

23 is amended by striking ‘‘paragraphs (1) through (3)’’ and 

24 inserting ‘‘paragraphs (1), (2), and (4)’’. 
231 

† HR 22 EAS 

1 (g) Section 163(f)(2) of title 23, United States Code, 

2 is amended by striking ‘‘118(b)(2)’’ and inserting ‘‘118(b)’’. 

3 (h) Section 165(c)(7) of title 23, United States Code, 

4 is amended by striking ‘‘paragraphs (2), (4), (7), (8), (14), 

5 and (19)’’ and inserting ‘‘paragraphs (2), (4), (6), (7), and 

6 (14)’’. 

7 (i) Section 202(b)(3) of title 23, United States Code, 

8 is amended— 

9 (1) in subparagraph (A)(i), in the matter pre10 ceding subclause (I), by inserting ‘‘(a)(6),’’ after ‘‘sub11 sections’’; and 

12 (2) in subparagraph (C)(ii)(IV), by striking 

13 ‘‘(III).]’’ and inserting ‘‘(III).’’. 

14 (j) Section 217(a) of title 23, United States Code, is 

15 amended by striking ‘‘104(b)(3)’’ and inserting 

16 ‘‘104(b)(4)’’. 

17 (k) Section 327(a)(2)(B)(iii) of title 23, United States 

18 Code, is amended by striking ‘‘(42 U.S.C. 13 4321 et seq.)’’ 

19 and inserting ‘‘(42 U.S.C. 4321 et seq.)’’. 

20 (l) Section 504(a)(4) of title 23, United States Code, 

21 is amended by striking ‘‘104(b)(3)’’ and inserting 

22 ‘‘104(b)(2)’’. 

23 (m) Section 515 of title 23, United States Code, is 

24 amended by striking ‘‘this chapter’’ each place it appears 

25 and inserting ‘‘sections 512 through 518’’. 
232 

† HR 22 EAS 

1 (n) Section 518(a) of title 23, United States Code, is 

2 amended by inserting ‘‘a report’’ after ‘‘House of Represent3 atives’’. 

4 (o) Section 6302(b)(3)(B)(vi)(III) of title 49, United 

5 States Code, is amended by striking ‘‘6310’’ and inserting 

6 ‘‘6309’’. 

7 (p) Section 1301(l)(3) of SAFETEA–LU (23 U.S.C. 

8 101 note; Public Law 109–59) is amended— 

9 (1) in subparagraph (A)(i), by striking ‘‘com10 plied’’ and inserting ‘‘compiled’’; and 

11 (2) in subparagraph (B), by striking ‘‘paragraph 

12 (1)’’ and inserting ‘‘subparagraph (A)’’. 

13 (q) Section 4407 of SAFETEA–LU (Public Law 109– 

14 59; 119 Stat. 1777), is amended by striking ‘‘hereby enacted 

15 into law’’ and inserting ‘‘granted’’. 

16 (r) Section 51001(a)(1) of the Transportation Research 

17 and Innovative Technology Act of 2012 (126 Stat. 864) is 

18 amended by striking ‘‘sections 503(b), 503(d), and 509’’ and 

19 inserting ‘‘section 503(b)’’. 

20 TITLE V—MISCELLANEOUS 

21 SEC. 15001. APPALACHIAN DEVELOPMENT HIGHWAY SYS22 TEM. 

23 Section 1528 of MAP–21 (40 U.S.C. 14501 note; Pub24 lic Law 112–141) is amended— 
233 

† HR 22 EAS 

1 (1) by striking ‘‘2021’’ each place it appears and 

2 inserting ‘‘2050’’; and 

3 (2) by striking ‘‘shall be 100 percent’’ each place 

4 it appears and inserting ‘‘shall be up to 100 percent, 

5 as determined by the State’’. 

6 SEC. 15002. APPALACHIAN REGIONAL DEVELOPMENT PRO7 GRAM. 

8 (a) HIGH-SPEED BROADBAND DEVELOPMENT INITIA9 TIVE.— 

10 (1) IN GENERAL.—Subchapter I of chapter 145 

11 of subtitle IV of title 40, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘§ 14509. High-speed broadband deployment initiative 

14 ‘‘(a) IN GENERAL.—The Appalachian Regional Com15 mission may provide technical assistance, make grants, 

16 enter into contracts, or otherwise provide amounts to indi17 viduals or entities in the Appalachian region for projects 

18 and activities— 

19 ‘‘(1) to increase affordable access to broadband 

20 networks throughout the Appalachian region; 

21 ‘‘(2) to conduct research, analysis, and training 

22 to increase broadband adoption efforts in the Appa23 lachian region; 
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† HR 22 EAS 

1 ‘‘(3) to provide technology assets, including com2 puters, smartboards, and video projectors to edu3 cational systems throughout the Appalachian region; 

4 ‘‘(4) to increase distance learning opportunities 

5 throughout the Appalachian region; 

6 ‘‘(5) to increase the use of telehealth technologies 

7 in the Appalachian region; and 

8 ‘‘(6) to promote e-commerce applications in the 

9 Appalachian region. 

10 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

11 cost of any activity eligible for a grant under this section— 

12 ‘‘(1) not more than 50 percent may be provided 

13 from amounts appropriated to carry out this section; 

14 and 

15 ‘‘(2) notwithstanding paragraph (1)— 

16 ‘‘(A) in the case of a project to be carried 

17 out in a county for which a distressed county 

18 designation is in effect under section 14526, not 

19 more than 80 percent may be provided from 

20 amounts appropriated to carry out this section; 

21 and 

22 ‘‘(B) in the case of a project to be carried 

23 out in a county for which an at-risk designation 

24 is in effect under section 14526, not more than 
235 

† HR 22 EAS 

1 70 percent may be provided from amounts ap2 propriated to carry out this section. 

3 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection 

4 (b), a grant provided under this section may be provided 

5 from amounts made available to carry out this section in 

6 combination with amounts made available— 

7 ‘‘(1) under any other Federal program; or 

8 ‘‘(2) from any other source. 

9 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi10 sion of law limiting the Federal share under any other Fed11 eral program, amounts made available to carry out this sec12 tion may be used to increase that Federal share, as the Ap13 palachian Regional Commission determines to be appro14 priate.’’. 

15 (2) CONFORMING AMENDMENT.—The analysis for 

16 chapter 145 of title 40, United States Code, is amend17 ed by inserting after the item relating to section 

18 14508 the following: 

‘‘14509. High-speed broadband deployment initiative.’’. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 14703 of title 40, United States Code, is amended— 

21 (1) in subsection (a)(5), by striking ‘‘fiscal year 

22 2012’’ and inserting ‘‘each of fiscal years 2012 

23 through 2021’’; 

24 (2) by redesignating subsections (c) and (d) as 

25 subsections (d) and (e), respectively; and 
236 

† HR 22 EAS 

1 (3) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT INITIA4 TIVE.—Of the amounts made available under subsection 

5 (a), $10,000,000 shall be used to carry out section 14509 

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

7 (c) TERMINATION.—Section 14704 of title 40, United 

8 States Code, is amended by striking ‘‘2012’’ and inserting 

9 ‘‘2021’’. 

10 (d) EFFECTIVE DATE.—This section and the amend11 ments made by this section take effect on October 1, 2015. 

12 SEC. 15003. WATER INFRASTRUCTURE FINANCE AND INNO13 VATION. 

14 Section 3907(a) of title 33, United States Code, is 

15 amended— 

16 (1) by striking paragraph (5); and 

17 (2) by redesignating paragraphs (6) and (7) as 

18 paragraphs (5) and (6), respectively. 

19 SEC. 15004. ADMINISTRATIVE PROVISIONS TO ENCOURAGE 

20 POLLINATOR HABITAT AND FORAGE ON 

21 TRANSPORTATION RIGHTS-OF-WAY. 

22 (a) IN GENERAL.—Section 319 of title 23, United 

23 States Code, is amended— 
237 

† HR 22 EAS 

1 (1) in subsection (a), by inserting ‘‘(including 

2 the enhancement of habitat and forage for polli3 nators)’’ before ‘‘adjacent’’; and 

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

5 ‘‘(c) ENCOURAGEMENT OF POLLINATOR HABITAT AND

6 FORAGE DEVELOPMENT AND PROTECTION ON TRANSPOR7 TATION RIGHTS-OF-WAY.—In carrying out any program 

8 administered by the Secretary under this title, the Secretary 

9 shall, in conjunction with willing States, as appropriate— 

10 ‘‘(1) encourage integrated vegetation manage11 ment practices on roadsides and other transportation 

12 rights-of-way, including reduced mowing; and 

13 ‘‘(2) encourage the development of habitat and 

14 forage for Monarch butterflies, other native polli15 nators, and honey bees through plantings of native 

16 forbs and grasses, including noninvasive, native milk17 weed species that can serve as migratory way stations 

18 for butterflies and facilitate migrations of other polli19 nators.’’. 

20 (b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY

21 WAY STATIONS FOR MONARCH BUTTERFLIES, OTHER NA22 TIVE POLLINATORS, AND HONEY BEES.—Section 329(a)(1) 

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

24 ‘‘provision of habitat, forage, and migratory way stations 
238 

† HR 22 EAS 

1 for Monarch butterflies, other native pollinators, and honey 

2 bees,’’ before ‘‘and aesthetic enhancement’’. 

3 SEC. 15005. STUDY ON PERFORMANCE OF BRIDGES. 

4 (a) IN GENERAL.—Subject to subsection (c), the Ad5 ministrator of the Federal Highway Administration (re6 ferred to in this section as the ‘‘Administrator’’) shall com7 mission the Transportation Research Board of the National 

8 Academy of Sciences to conduct a study on the performance 

9 of bridges that received funding under the innovative bridge 

10 research and construction program (referred to in this sec11 tion as the ‘‘program’’) under section 503(b) of title 23, 

12 United States Code (as in effect on the day before the date 

13 of enactment of SAFETEA–LU (Public Law 109–59; 119 

14 Stat. 1144)) in meeting the goals of that program, which 

15 included— 

16 (1) the development of new, cost-effective innova17 tive material highway bridge applications; 

18 (2) the reduction of maintenance costs and 

19 lifecycle costs of bridges, including the costs of new 

20 construction, replacement, or rehabilitation of defi21 cient bridges; 

22 (3) the development of construction techniques to 

23 increase safety and reduce construction time and traf24 fic congestion; 
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† HR 22 EAS 

1 (4) the development of engineering design cri2 teria for innovative products and materials for use in 

3 highway bridges and structures; 

4 (5) the development of cost-effective and innova5 tive techniques to separate vehicle and pedestrian 

6 traffic from railroad traffic; 

7 (6) the development of highway bridges and 

8 structures that will withstand natural disasters, in9 cluding alternative processes for the seismic retrofit of 

10 bridges; and 

11 (7) the development of new nondestructive bridge 

12 evaluation technologies and techniques. 

13 (b) CONTENTS.—The study commissioned under sub14 section (a) shall include— 

15 (1) an analysis of the performance of bridges 

16 that received funding under the program in meeting 

17 the goals described in paragraphs (1) through (7) of 

18 subsection (a); 

19 (2) an analysis of the utility, compared to con20 ventional materials and technologies, of each of the 

21 innovative materials and technologies used in projects 

22 for bridges under the program in meeting the needs 

23 of the United States in 2015 and in the future for a 

24 sustainable and low lifecycle cost transportation sys25 tem; 
240 

† HR 22 EAS 

1 (3) recommendations to Congress on how the in2 stalled and lifecycle costs of bridges could be reduced 

3 through the use of innovative materials and tech4 nologies, including, as appropriate, any changes in 

5 the design and construction of bridges needed to 

6 maximize the cost reductions; and 

7 (4) a summary of any additional research that 

8 may be needed to further evaluate innovative ap9 proaches to reducing the installed and lifecycle costs 

10 of highway bridges. 

11 (c) PUBLIC COMMENT.—Before commissioning the 

12 study under subsection (a), the Administrator shall provide 

13 an opportunity for public comment on the study proposal. 

14 (d) DATA FROM STATES.—Each State that received 

15 funds under the program shall provide to the Transpor16 tation Research Board any relevant data needed to carry 

17 out the study commissioned under subsection (a). 

18 (e) DEADLINE.—The Administrator shall submit to 

19 Congress the study commissioned under subsection (a) not 

20 later than 3 years after the date of enactment of this Act. 

21 SEC. 15006. SPORT FISH RESTORATION AND RECREATIONAL 

22 BOATING SAFETY. 

23 Section 4 of the Dingell-Johnson Sport Fish Restora24 tion Act (16 U.S.C. 777c), as amended by section 73103, 

25 is amended— 
241 

† HR 22 EAS 

1 (1) in subsection (a), in the matter preceding 

2 paragraph (1) by striking ‘‘2015’’ and inserting 

3 ‘‘2021’’; and 

4 (2) in subsection (b)(1)(A) by striking ‘‘2015’’ 

5 and inserting ‘‘2021’’. 

6 DIVISION B—PUBLIC 

7 TRANSPORTATION 

8 TITLE XXI—FEDERAL PUBLIC 

9 TRANSPORTATION ACT 

10 SEC. 21001. SHORT TITLE. 

11 This title may be cited as the ‘‘Federal Public Trans12 portation Act of 2015’’. 

13 SEC. 21002. DEFINITIONS. 

14 Section 5302 of title 49, United States Code, is amend15 ed— 

16 (1) in paragraph (1)(E), by striking ‘‘bicycle 

17 storage facilities and installing equipment’’ and in18 serting ‘‘bicycle storage shelters and parking facilities 

19 and the installation of equipment’’; 

20 (2) in paragraph (3)— 

21 (A) by striking subparagraph (F) and in22 serting the following: 

23 ‘‘(F) leasing equipment or a facility for use 

24 in public transportation;’’; 

25 (B) in subparagraph (G)— 
242 

† HR 22 EAS 

1 (i) in clause (iv), by adding ‘‘and’’ at 

2 the end; 

3 (ii) in clause (v), by striking ‘‘and’’ at 

4 the end; and 

5 (iii) by striking clause (vi); 

6 (C) in subparagraph (K), by striking ‘‘or’’ 

7 at the end; 

8 (D) in subparagraph (L), by striking the 

9 period at the end and inserting a semicolon; and 

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

11 ‘‘(M) associated transit improvements; or 

12 ‘‘(N) technological changes or innovations to 

13 modify low or no emission vehicles (as defined in 

14 section 5339(c)) or facilities.’’; and 

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

16 ‘‘(24) VALUE CAPTURE.—The term ‘value cap17 ture’ means recovering the increased value to property 

18 located near public transportation resulting from in19 vestments in public transportation.’’. 

20 SEC. 21003. METROPOLITAN TRANSPORTATION PLANNING. 

21 Section 5303 of title 49, United States Code, is amend22 ed— 

23 (1) in subsection (a)(1), by inserting ‘‘resilient’’ 

24 after ‘‘development of’’; 
243 

† HR 22 EAS 

1 (2) in subsection (c)(2), by striking ‘‘and bicycle 

2 transportation facilities’’ and inserting ‘‘, bicycle 

3 transportation facilities, intermodal facilities that 

4 support intercity transportation, including intercity 

5 buses and intercity bus facilities, and commuter van6 pool providers’’; 

7 (3) in subsection (d)— 

8 (A) by redesignating paragraphs (3) 

9 through (6) as paragraphs (4) through (7), re10 spectively; 

11 (B) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) REPRESENTATION.— 

14 ‘‘(A) IN GENERAL.—Designation or selection 

15 of officials or representatives under paragraph 

16 (2) shall be determined by the metropolitan 

17 planning organization according to the bylaws 

18 or enabling statute of the organization. 

19 ‘‘(B) PUBLIC TRANSPORTATION REPRESENT20 ATIVE.—Subject to the bylaws or enabling statute 

21 of the metropolitan planning organization, a 

22 representative of a provider of public transpor23 tation may also serve as a representative of a 

24 local municipality. 
244 

† HR 22 EAS 

1 ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An 

2 official described in paragraph (2)(B) shall have 

3 responsibilities, actions, duties, voting rights, 

4 and any other authority commensurate with 

5 other officials described in paragraph (2)(B).’’; 

6 and 

7 (C) in paragraph (5), as so redesignated, by 

8 striking ‘‘paragraph (5)’’ and inserting ‘‘para9 graph (6)’’; 

10 (4) in subsection (e)(4)(B), by striking ‘‘sub11 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

12 (5) in subsection (g)(3)(A), by inserting ‘‘natural 

13 disaster risk reduction,’’ after ‘‘environmental protec14 tion,’’; 

15 (6) in subsection (h)(1)— 

16 (A) in subparagraph (G), by striking ‘‘and’’ 

17 at the end; 

18 (B) in subparagraph (H), by striking the 

19 period at the end and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(I) improve the resilience and reliability of 

22 the transportation system.’’; 

23 (7) in subsection (i)— 

24 (A) in paragraph (2)— 
245 

† HR 22 EAS 

1 (i) in subparagraph (A)(i), by striking 

2 ‘‘transit’’ and inserting ‘‘public transpor3 tation facilities, intercity bus facilities’’; 

4 (ii) in subparagraph (G)— 

5 (I) by striking ‘‘and provide’’ and 

6 inserting ‘‘, provide’’; and 

7 (II) by inserting before the period 

8 at the end the following: ‘‘, and reduce 

9 vulnerability due to natural disasters 

10 of the existing transportation infra11 structure’’; and 

12 (iii) in subparagraph (H), by insert13 ing before the period at the end the fol14 lowing: ‘‘, including consideration of the 

15 role that intercity buses may play in reduc16 ing congestion, pollution, and energy con17 sumption in a cost-effective manner and 

18 strategies and investments that preserve and 

19 enhance intercity bus systems, including 

20 systems that are privately owned and oper21 ated’’; 

22 (B) in paragraph (6)(A)— 

23 (i) by inserting ‘‘public ports,’’ before 

24 ‘‘freight shippers’’; and 
246 

† HR 22 EAS 

1 (ii) by inserting ‘‘(including intercity 

2 bus operators and commuter vanpool pro3 viders)’’ after ‘‘private providers of trans4 portation’’; and 

5 (C) in paragraph (8), by striking ‘‘para6 graph (2)(C)’’ each place that term appears and 

7 inserting ‘‘paragraph (2)(E)’’; 

8 (8) in subsection (j)(5)(A), by striking ‘‘sub9 section (k)(4)’’ and inserting ‘‘subsection (k)(3)’’; 

10 (9) in subsection (k)— 

11 (A) by striking paragraph (3); and 

12 (B) by redesignating paragraphs (4) and 

13 (5) as paragraphs (3) and (4), respectively; 

14 (10) in subsection (l)— 

15 (A) in paragraph (1), by adding a period 

16 at the end; and 

17 (B) in paragraph (2)(D), by striking ‘‘of 

18 less than 200,000’’ and inserting ‘‘with a popu19 lation of 200,000 or less’’; 

20 (11) by striking subsection (n); 

21 (12) by redesignating subsections (o), (p), and 

22 (q) as subsections (n), (o), and (p), respectively; 

23 (13) in subsection (o), as so redesignated, by 

24 striking ‘‘set aside under section 104(f) of title 23’’ 
247 

† HR 22 EAS 

1 and inserting ‘‘apportioned under paragraphs (5)(D) 

2 and (6) of section 104(b) of title 23’’; and 

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

4 ‘‘(q) TREATMENT OF LAKE TAHOE REGION.— 

5 ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In 

6 this subsection, the term ‘Lake Tahoe Region’ has the 

7 meaning given the term ‘region’ in subsection (a) of 

8 Article II of the Lake Tahoe Regional Planning Com9 pact (Public Law 96–551; 94 Stat. 3234). 

10 ‘‘(2) TREATMENT.—For purposes of this title, the 

11 Lake Tahoe Region shall be treated as— 

12 ‘‘(A) a metropolitan planning organization; 

13 ‘‘(B) a transportation management area 

14 under subsection (k); and 

15 ‘‘(C) an urbanized area, which is comprised 

16 of— 

17 ‘‘(i) a population of 145,000 and 25 

18 square miles of land area in the State of 

19 California; and 

20 ‘‘(ii) a population of 65,000 and 12 

21 square miles of land area in the State of 

22 Nevada.’’. 
248 

† HR 22 EAS 

1 SEC. 21004. STATEWIDE AND NONMETROPOLITAN TRANS2 PORTATION PLANNING. 

3 (a) IN GENERAL.—Section 5304 of title 49, United 

4 States Code, is amended— 

5 (1) in subsection (a)(2), by striking ‘‘and bicycle 

6 transportation facilities’’ and inserting ‘‘, bicycle 

7 transportation facilities, intermodal facilities that 

8 support intercity transportation, including intercity 

9 buses and intercity bus facilities, and commuter van10 pool providers’’; 

11 (2) in subsection (d)— 

12 (A) in paragraph (1)— 

13 (i) in subparagraph (G), by striking 

14 ‘‘and’’ at the end; 

15 (ii) in subparagraph (H), by striking 

16 the period at the end and inserting ‘‘; and’’; 

17 and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(I) improve the resilience and reliability of 

21 the transportation system.’’; and 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (B)(ii), by strik24 ing ‘‘urbanized areas with a population of 

25 fewer than 200,000 individuals, as cal26 culated according to the most recent decen-
249 

† HR 22 EAS 

1 nial census, and’’ and inserting ‘‘areas’’; 

2 and 

3 (ii) in subparagraph (C)— 

4 (I) by striking ‘‘title 23’’ and in5 serting ‘‘this chapter’’; and 

6 (II) by striking ‘‘urbanized areas 

7 with a population of fewer than 

8 200,000 individuals, as calculated ac9 cording to the most recent decennial 

10 census, and’’ and inserting ‘‘areas’’; 

11 (3) in subsection (e)(1)— 

12 (A) by striking ‘‘’In’’ and inserting ‘‘In’’; 

13 and 

14 (B) by striking ‘‘subsection (l)’’ and insert15 ing ‘‘subsection (k)’’; 

16 (4) in subsection (f)— 

17 (A) in paragraph (2)(B)(i), by striking 

18 ‘‘subsection (l)’’ and inserting ‘‘subsection (k)’’; 

19 (B) in paragraph (3)(A)— 

20 (i) in clause (i), by striking ‘‘sub21 section (l)’’ and inserting ‘‘subsection (k)’’; 

22 and 

23 (ii) in clause (ii), by inserting ‘‘(in24 cluding intercity bus operators and com-
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1 muter vanpool providers)’’ after ‘‘private 

2 providers of transportation’’; 

3 (C) in paragraph (7), in the matter pre4 ceding subparagraph (A), by striking ‘‘should’’ 

5 and inserting ‘‘shall’’; and 

6 (D) in paragraph (8), by inserting ‘‘, in7 cluding consideration of the role that intercity 

8 buses may play in reducing congestion, pollu9 tion, and energy consumption in a cost-effective 

10 manner and strategies and investments that pre11 serve and enhance intercity bus systems, includ12 ing systems that are privately owned and oper13 ated’’ before the period at the end; 

14 (5) in subsection (g)— 

15 (A) in paragraph (2)(B)(i), by striking 

16 ‘‘subsection (l)’’ and inserting ‘‘subsection (k)’’; 

17 (B) in paragraph (3)— 

18 (i) by inserting ‘‘public ports,’’ before 

19 ‘‘freight shippers’’; and 

20 (ii) by inserting ‘‘(including intercity 

21 bus operators)’’ after ‘‘private providers of 

22 transportation’’; and 

23 (C) in paragraph (6)(A), by striking ‘‘sub24 section (l)’’ and inserting ‘‘subsection (k)’’; 

25 (6) by striking subsection (i); and 
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1 (7) by redesignating subsections (j), (k), and (l) 

2 as subsections (i), (j), and (k), respectively. 

3 (b) CONFORMING AMENDMENT.—Section 5303(b)(5) of 

4 title 49, United States Code, is amended by striking ‘‘sec5 tion 5304(l)’’ and inserting ‘‘section 5304(k)’’. 

6 SEC. 21005. URBANIZED AREA FORMULA GRANTS. 

7 Section 5307 of title 49, United States Code, is amend8 ed— 

9 (1) in subsection (a)— 

10 (A) in paragraph (2), by inserting ‘‘or gen11 eral public demand response service’’ before 

12 ‘‘during’’ each place that term appears; and 

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

14 ‘‘(3) EXCEPTION TO SPECIAL RULE.—Notwith15 standing paragraph (2), if a public transportation 

16 system described in that paragraph executes a written 

17 agreement with 1 or more other public transportation 

18 systems within the urbanized area to allocate funds 

19 for the purposes described in that paragraph by a 

20 method other than by measuring vehicle revenue 

21 hours, each public transportation system that is a 

22 party to the written agreement may follow the terms 

23 of the written agreement without regard to measured 

24 vehicle revenue hours referred to in that paragraph. 

25 ‘‘(4) TEMPORARY AND TARGETED ASSISTANCE.— 
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1 ‘‘(A) ELIGIBILITY.—The Secretary may 

2 make a grant under this section to finance the 

3 operating cost of equipment and facilities to a 

4 recipient for use in public transportation in an 

5 area that the Secretary determines has— 

6 ‘‘(i) a population of not fewer than 

7 200,000 individuals, as determined by the 

8 Bureau of the Census; and 

9 ‘‘(ii) a 3-month unemployment rate, as 

10 reported by the Bureau of Labor Statistics, 

11 that is— 

12 ‘‘(I) greater than 7 percent; and 

13 ‘‘(II) at least 2 percentage points 

14 greater than the lowest 3-month unem15 ployment rate for the area during the 

16 5-year period preceding the date of the 

17 determination. 

18 ‘‘(B) AWARD OF GRANT.— 

19 ‘‘(i) IN GENERAL.—Except as otherwise 

20 provided in this subparagraph, the Sec21 retary may make a grant under this para22 graph for not more than 2 consecutive fiscal 

23 years. 

24 ‘‘(ii) ADDITIONAL YEAR.—If, at the 

25 end of the second fiscal year following the 
253 

† HR 22 EAS 

1 date on which the Secretary makes a deter2 mination under subparagraph (A) with re3 spect to an area, the Secretary determines 

4 that the 3-month unemployment rate for the 

5 area is at least 2 percentage points greater 

6 than the unemployment rate for the area at 

7 the time the Secretary made the determina8 tion under subparagraph (A), the Secretary 

9 may make a grant to a recipient in the 

10 area for 1 additional consecutive fiscal 

11 year. 

12 ‘‘(iii) EXCLUSION PERIOD.—Beginning 

13 on the last day of the last consecutive fiscal 

14 year for which a recipient receives a grant 

15 under this paragraph, the Secretary may 

16 not make a subsequent grant under this 

17 paragraph to the recipient for a number of 

18 fiscal years equal to the number of consecu19 tive fiscal years in which the recipient re20 ceived a grant under this paragraph. 

21 ‘‘(C) LIMITATION.— 

22 ‘‘(i) FIRST FISCAL YEAR.—For the first 

23 fiscal year following the date on which the 

24 Secretary makes a determination under 

25 subparagraph (A) with respect to an area, 
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† HR 22 EAS 

1 not more than 25 percent of the amount ap2 portioned to a designated recipient under 

3 section 5336 for the fiscal year shall be 

4 available for operating assistance for the 

5 area. 

6 ‘‘(ii) SECOND AND THIRD FISCAL

7 YEARS.—For the second and third fiscal 

8 years following the date on which the Sec9 retary makes a determination under sub10 paragraph (A) with respect to an area, not 

11 more than 20 percent of the amount appor12 tioned to a designated recipient under sec13 tion 5336 for the fiscal year shall be avail14 able for operating assistance for the area. 

15 ‘‘(D) PERIOD OF AVAILABILITY FOR OPER16 ATING ASSISTANCE.—Operating assistance 

17 awarded under this paragraph shall be available 

18 for expenditure to a recipient in an area until 

19 the end of the second fiscal year following the 

20 date on which the Secretary makes a determina21 tion under subparagraph (A) with respect to the 

22 area, after which time any unexpended funds 

23 shall be available to the recipient for other eligi24 ble activities under this section. 
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† HR 22 EAS 

1 ‘‘(E) CERTIFICATION.—The Secretary may 

2 make a grant for operating assistance under this 

3 paragraph for a fiscal year only if the recipient 

4 certifies that— 

5 ‘‘(i) the recipient will maintain public 

6 transportation service levels at or above the 

7 current service level, which shall be dem8 onstrated by providing an equal or greater 

9 number of vehicle hours of service in the fis10 cal year than the number of vehicle hours of 

11 service provided in the preceding fiscal 

12 year; 

13 ‘‘(ii) any non-Federal entity that pro14 vides funding to the recipient, including a 

15 State or local governmental entity, will 

16 maintain the tax rate or rate of allocations 

17 dedicated to public transportation at or 

18 above the rate for the preceding fiscal year; 

19 ‘‘(iii) the recipient has allocated the 

20 maximum amount of funding under this 

21 section for preventive maintenance costs eli22 gible as a capital expense necessary to 

23 maintain the level and quality of service 

24 provided in the preceding fiscal year; and 
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† HR 22 EAS 

1 ‘‘(iv) the recipient will not use funding 

2 under this section for new capital assets ex3 cept as necessary for the existing system to 

4 maintain or achieve a state of good repair, 

5 assure safety, or replace obsolete tech6 nology.’’; and 

7 (2) in subsection (c)(1)— 

8 (A) in subparagraph (C), by inserting ‘‘in 

9 a state of good repair’’ after ‘‘equipment and fa10 cilities’’; 

11 (B) in subparagraph (J), by adding ‘‘and’’ 

12 at the end; 

13 (C) by striking subparagraph (K); and 

14 (D) by redesignating subparagraph (L) as 

15 subparagraph (K). 

16 SEC. 21006. FIXED GUIDEWAY CAPITAL INVESTMENT 

17 GRANTS. 

18 (a) IN GENERAL.—Section 5309 of title 49, United 

19 States Code, is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (3), by striking ‘‘and 

22 weekend days’’; 

23 (B) in paragraph (6)— 
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† HR 22 EAS 

1 (i) in subparagraph (A), by inserting 

2 ‘‘, small start projects,’’ after ‘‘new fixed 

3 guideway capital projects’’; and 

4 (ii) by striking subparagraph (B) and 

5 inserting the following: 

6 ‘‘(B) 2 or more projects that are any com7 bination of new fixed guideway capital projects, 

8 small start projects, and core capacity improve9 ment projects.’’; and 

10 (C) in paragraph (7)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘$75,000,000’’ and inserting 

13 ‘‘$100,000,000’’; and 

14 (ii) in subparagraph (B), by striking 

15 ‘‘$250,000,000’’ and inserting 

16 ‘‘$300,000,000’’; 

17 (2) in subsection (d)— 

18 (A) in paragraph (1)(B), by striking ‘‘, 

19 policies and land use patterns that promote pub20 lic transportation,’’; and 

21 (B) in paragraph (2)(A)— 

22 (i) in clause (iii), by adding ‘‘and’’ at 

23 the end; 

24 (ii) by striking clause (iv); and 
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† HR 22 EAS 

1 (iii) by redesignating clause (v) as 

2 clause (iv); 

3 (3) in subsection (g)(2)(A)(i), by striking ‘‘, the 

4 policies and land use patterns that support public 

5 transportation,’’; 

6 (4) in subsection (i)— 

7 (A) in paragraph (1), by striking ‘‘sub8 section (d) or (e)’’ and inserting ‘‘subsection (d), 

9 (e), or (h)’’; 

10 (B) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A), by inserting ‘‘new fixed guide13 way capital project or core capacity im14 provement’’ after ‘‘federally funded’’; 

15 (ii) by striking subparagraph (D) and 

16 inserting the following: 

17 ‘‘(D) the program of interrelated projects, 

18 when evaluated as a whole— 

19 ‘‘(i) meets the requirements of sub20 section (d)(2), subsection (e)(2), or para21 graphs (3) and (4) of subsection (h), as ap22 plicable, if the program is comprised en23 tirely of— 

24 ‘‘(I) new fixed guideway capital 

25 projects; 
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† HR 22 EAS 

1 ‘‘(II) core capacity improvement 

2 projects; or 

3 ‘‘(III) small start projects; or 

4 ‘‘(ii) meets the requirements of sub5 section (d)(2) if the program is comprised of 

6 any combination of new fixed guideway 

7 projects, small start projects, and core ca8 pacity improvement projects;’’; and 

9 (iii) in subparagraph (F), by inserting 

10 ‘‘or (h)(5), as applicable’’ after ‘‘subsection 

11 (f)’’; and 

12 (C) in paragraph (3), by striking subpara13 graph (A) and inserting the following: 

14 ‘‘(A) PROJECT ADVANCEMENT.—A project 

15 receiving a grant under this section that is part 

16 of a program of interrelated projects may not 

17 advance— 

18 ‘‘(i) in the case of a small start project, 

19 from the project development phase to the 

20 construction phase unless the Secretary de21 termines that the program of interrelated 

22 projects meets the applicable requirements of 

23 this section and there is a reasonable likeli24 hood that the program will continue to meet 

25 such requirements; or 
260 

† HR 22 EAS 

1 ‘‘(ii) in the case of a new fixed guide2 way capital project or a core capacity im3 provement project, from the project develop4 ment phase to the engineering phase, or 

5 from the engineering phase to the construc6 tion phase, unless the Secretary determines 

7 that the program of interrelated projects 

8 meets the applicable requirements of this 

9 section and there is a reasonable likelihood 

10 that the program will continue to meet such 

11 requirements.’’; and 

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

13 ‘‘(p) JOINT PUBLIC TRANSPORTATION AND INTERCITY

14 PASSENGER RAIL PROJECTS.— 

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

16 grants for new fixed guideway capital projects and 

17 core capacity improvement projects that provide both 

18 public transportation and intercity passenger rail 

19 service. 

20 ‘‘(2) ELIGIBLE COSTS.—Eligible costs for a 

21 project under this subsection shall be limited to the 

22 net capital costs of the public transportation costs at23 tributable to the project based on projected use of the 

24 new segment or expanded capacity of the project cor25 ridor, not including project elements designed to 
261 

† HR 22 EAS 

1 achieve or maintain a state of good repair, as deter2 mined by the Secretary under paragraph (4). 

3 ‘‘(3) PROJECT JUSTIFICATION AND LOCAL FINAN4 CIAL COMMITMENT.—A project under this subsection 

5 shall be evaluated for project justification and local 

6 financial commitment under subsections (d), (e), (f), 

7 and (h), as applicable to the project, based on— 

8 ‘‘(A) the net capital costs of the public 

9 transportation costs attributable to the project as 

10 determined under paragraph (4); and 

11 ‘‘(B) the share of funds dedicated to the 

12 project from sources other than this section in13 cluded in the unified finance plan for the project. 

14 ‘‘(4) CALCULATION OF NET CAPITAL PROJECT

15 COST.—The Secretary shall estimate the net capital 

16 costs of a project under this subsection based on— 

17 ‘‘(A) engineering studies; 

18 ‘‘(B) studies of economic feasibility; 

19 ‘‘(C) the expected use of equipment or facili20 ties; and 

21 ‘‘(D) the public transportation costs attrib22 utable to the project. 

23 ‘‘(5) GOVERNMENT SHARE OF NET CAPITAL

24 PROJECT COST.— 
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† HR 22 EAS 

1 ‘‘(A) GOVERNMENT SHARE.—The Govern2 ment share shall not exceed 80 percent of the net 

3 capital cost attributable to the public transpor4 tation costs of a project under this subsection as 

5 determined under paragraph (4). 

6 ‘‘(B) NON-GOVERNMENT SHARE.—The re7 mainder of the net capital cost attributable to 

8 the public transportation costs of a project under 

9 this subsection shall be provided from an undis10 tributed cash surplus, a replacement or deprecia11 tion cash fund or reserve, or new capital.’’. 

12 (b) EXPEDITED PROJECT DELIVERY FOR CAPITAL IN13 VESTMENT GRANTS PILOT PROGRAM.— 

14 (1) DEFINITIONS.—In this subsection, the fol15 lowing definitions shall apply: 

16 (A) APPLICANT.—The term ‘‘applicant’’ 

17 means a State or local governmental authority 

18 that applies for a grant under this subsection. 

19 (B) CAPITAL PROJECT; FIXED GUIDEWAY; 

20 LOCAL GOVERNMENTAL AUTHORITY; PUBLIC

21 TRANSPORTATION; STATE; STATE OF GOOD RE22 PAIR.—The terms ‘‘capital project’’, ‘‘fixed guide23 way’’, ‘‘local governmental authority’’, ‘‘public 

24 transportation’’, ‘‘State’’, and ‘‘state of good re-
263 

† HR 22 EAS 

1 pair’’ have the meanings given those terms in 

2 section 5302 of title 49, United States Code. 

3 (C) CORE CAPACITY IMPROVEMENT

4 PROJECT.—The term ‘‘core capacity improve5 ment project’’— 

6 (i) means a substantial corridor-based 

7 capital investment in an existing fixed 

8 guideway system that increases the capacity 

9 of a corridor by not less than 10 percent; 

10 and 

11 (ii) may include project elements de12 signed to aid the existing fixed guideway 

13 system in making substantial progress to14 wards achieving a state of good repair. 

15 (D) CORRIDOR-BASED BUS RAPID TRANSIT

16 PROJECT.—The term ‘‘corridor-based bus rapid 

17 transit project’’ means a small start project uti18 lizing buses in which the project represents a 

19 substantial investment in a defined corridor as 

20 demonstrated by features that emulate the serv21 ices provided by rail fixed guideway public 

22 transportation systems— 

23 (i) including— 

24 (I) defined stations; 
264 

† HR 22 EAS 

1 (II) traffic signal priority for 

2 public transportation vehicles; 

3 (III) short headway bidirectional 

4 services for a substantial part of week5 days; and 

6 (IV) any other features the Sec7 retary may determine support a long8 term corridor investment; and 

9 (ii) the majority of which does not op10 erate in a separated right-of-way dedicated 

11 for public transportation use during peak 

12 periods. 

13 (E) ELIGIBLE PROJECT.—The term ‘‘eligible 

14 project’’ means a new fixed guideway capital 

15 project, a small start project, or a core capacity 

16 improvement project that has not entered into a 

17 full funding grant agreement with the Federal 

18 Transit Administration before the date of enact19 ment of this Act. 

20 (F) FIXED GUIDEWAY BUS RAPID TRANSIT

21 PROJECT.—The term ‘‘fixed guideway bus rapid 

22 transit project’’ means a bus capital project— 

23 (i) in which the majority of the project 

24 operates in a separated right-of-way dedi-
265 

† HR 22 EAS 

1 cated for public transportation use during 

2 peak periods; 

3 (ii) that represents a substantial in4 vestment in a single route in a defined cor5 ridor or subarea; and 

6 (iii) that includes features that emu7 late the services provided by rail fixed 

8 guideway public transportation systems, in9 cluding— 

10 (I) defined stations; 

11 (II) traffic signal priority for 

12 public transportation vehicles; 

13 (III) short headway bidirectional 

14 services for a substantial part of week15 days and weekend days; and 

16 (IV) any other features the Sec17 retary may determine are necessary to 

18 produce high-quality public transpor19 tation services that emulate the services 

20 provided by rail fixed guideway public 

21 transportation systems. 

22 (G) NEW FIXED GUIDEWAY CAPITAL

23 PROJECT.—The term ‘‘new fixed guideway cap24 ital project’’ means— 
266 

† HR 22 EAS 

1 (i) a fixed guideway project that is a 

2 minimum operable segment or extension to 

3 an existing fixed guideway system; or 

4 (ii) a fixed guideway bus rapid transit 

5 project that is a minimum operable segment 

6 or an extension to an existing bus rapid 

7 transit system. 

8 (H) RECIPIENT.—The term ‘‘recipient’’ 

9 means a recipient of funding under chapter 53 

10 of title 49, United States Code. 

11 (I) SMALL START PROJECT.—The term 

12 ‘‘small start project’’ means a new fixed guide13 way capital project, a fixed guideway bus rapid 

14 transit project, or a corridor-based bus rapid 

15 transit project for which— 

16 (i) the Federal assistance provided or 

17 to be provided under this subsection is less 

18 than $75,000,000; and 

19 (ii) the total estimated net capital cost 

20 is less than $300,000,000. 

21 (2) GENERAL AUTHORITY.—The Secretary may 

22 make grants under this subsection to States and local 

23 governmental authorities to assist in financing— 

24 (A) new fixed guideway capital projects or 

25 small start projects, including the acquisition of 
267 

† HR 22 EAS 

1 real property, the initial acquisition of rolling 

2 stock for the system, the acquisition of rights-of3 way, and relocation, for projects in the advanced 

4 stages of planning and design; and 

5 (B) core capacity improvement projects, in6 cluding the acquisition of real property, the ac7 quisition of rights-of-way, double tracking, sig8 nalization improvements, electrification, expand9 ing system platforms, acquisition of rolling stock 

10 associated with corridor improvements increas11 ing capacity, construction of infill stations, and 

12 such other capacity improvement projects as the 

13 Secretary determines are appropriate to increase 

14 the capacity of an existing fixed guideway sys15 tem corridor by not less than 10 percent. Core 

16 capacity improvement projects do not include 

17 elements to improve general station facilities or 

18 parking, or acquisition of rolling stock alone. 

19 (3) GRANT REQUIREMENTS.— 

20 (A) IN GENERAL.—The Secretary may make 

21 not more than 10 grants under this subsection 

22 for an eligible project if the Secretary determines 

23 that— 

24 (i) the eligible project is part of an ap25 proved transportation plan required under 
268 

† HR 22 EAS 

1 sections 5303 and 5304 of title 49, United 

2 States Code; 

3 (ii) the applicant has, or will have— 

4 (I) the legal, financial, and tech5 nical capacity to carry out the eligible 

6 project, including the safety and secu7 rity aspects of the eligible project; 

8 (II) satisfactory continuing con9 trol over the use of the equipment or 

10 facilities; 

11 (III) the technical and financial 

12 capacity to maintain new and existing 

13 equipment and facilities; and 

14 (IV) advisors providing guidance 

15 to the applicant on the terms and 

16 structure of the project that are inde17 pendent from investors in the project; 

18 (iii) the eligible project is supported, or 

19 will be supported, in part, through a public20 private partnership, provided such support 

21 is determined by local policies, criteria, and 

22 decisionmaking under section 5306(a) of 

23 title 49, United States Code; 
269 

† HR 22 EAS 

1 (iv) the eligible project is justified 

2 based on findings presented by the project 

3 sponsor to the Secretary, including— 

4 (I) mobility improvements attrib5 utable to the project; 

6 (II) environmental benefits associ7 ated with the project; 

8 (III) congestion relief associated 

9 with the project; 

10 (IV) economic development effects 

11 derived as a result of the project; and 

12 (V) estimated ridership projec13 tions; and 

14 (v) the eligible project is supported by 

15 an acceptable degree of local financial com16 mitment (including evidence of stable and 

17 dependable financing sources). 

18 (B) CERTIFICATION.—An applicant that 

19 has submitted the certifications required under 

20 subparagraphs (A), (B), (C), and (H) of section 

21 5307(c)(1) of title 49, United States Code, shall 

22 be deemed to have provided sufficient informa23 tion upon which the Secretary may make the de24 terminations required under this paragraph. 
270 

† HR 22 EAS 

1 (C) TECHNICAL CAPACITY.—The Secretary 

2 shall use an expedited technical capacity review 

3 process for applicants that have recently and 

4 successfully completed not less than 1 new fixed 

5 guideway capital project, small start project, or 

6 core capacity improvement project, if— 

7 (i) the applicant achieved budget, cost, 

8 and ridership outcomes for the project that 

9 are consistent with or better than projec10 tions; and 

11 (ii) the applicant demonstrates that 

12 the applicant continues to have the staff ex13 pertise and other resources necessary to im14 plement a new project. 

15 (D) FINANCIAL COMMITMENT.— 

16 (i) REQUIREMENTS.—In determining 

17 whether an eligible project is supported by 

18 an acceptable degree of local financial com19 mitment and shows evidence of stable and 

20 dependable financing sources for purposes of 

21 subparagraph (A)(v), the Secretary shall re22 quire that— 

23 (I) each proposed source of capital 

24 and operating financing is stable, reli-
271 

† HR 22 EAS 

1 able, and available within the proposed 

2 eligible project timetable; and 

3 (II) resources are available to re4 capitalize, maintain, and operate the 

5 overall existing and proposed public 

6 transportation system, including essen7 tial feeder bus and other services nec8 essary, without degradation to the ex9 isting level of public transportation 

10 services. 

11 (ii) CONSIDERATIONS.—In assessing 

12 the stability, reliability, and availability of 

13 proposed sources of financing under clause 

14 (i), the Secretary shall consider— 

15 (I) the reliability of the fore16 casting methods used to estimate costs 

17 and revenues made by the applicant 

18 and the contractors to the applicant; 

19 (II) existing grant commitments; 

20 (III) the degree to which financ21 ing sources are dedicated to the pro22 posed eligible project; 

23 (IV) any debt obligation that ex24 ists or is proposed by the applicant, for 
272 

† HR 22 EAS 

1 the proposed eligible project or other 

2 public transportation purpose; and 

3 (V) private contributions to the el4 igible project, including cost-effective 

5 project delivery, management or trans6 fer of project risks, expedited project 

7 schedule, financial partnering, and 

8 other public-private partnership strate9 gies. 

10 (E) LABOR STANDARDS.—The requirements 

11 under section 5333 of title 49, United States 

12 Code, shall apply to each recipient of a grant 

13 under this subsection. 

14 (4) PROJECT ADVANCEMENT.—An applicant that 

15 desires a grant under this subsection and meets the 

16 requirements of paragraph (3) shall submit to the 

17 Secretary, and the Secretary shall approve for ad18 vancement, a grant request that contains— 

19 (A) identification of an eligible project; 

20 (B) a schedule and finance plan for the con21 struction and operation of the eligible project; 

22 (C) an analysis of the efficiencies of the pro23 posed eligible project development and delivery 

24 methods and innovative financing arrangement 
273 

† HR 22 EAS 

1 for the eligible project, including any documents 

2 related to the— 

3 (i) public-private partnership required 

4 under paragraph (3)(A)(iii); and 

5 (ii) project justification required under 

6 paragraph (3)(A)(iv); and 

7 (D) a certification that the existing public 

8 transportation system of the applicant or, in the 

9 event that the applicant does not operate a pub10 lic transportation system, the public transpor11 tation system to which the proposed project will 

12 be attached, is in a state of good repair. 

13 (5) WRITTEN NOTICE FROM THE SECRETARY.— 

14 (A) IN GENERAL.—Not later than 120 days 

15 after the date on which the Secretary receives a 

16 grant request of an applicant under paragraph 

17 (4), the Secretary shall provide written notice to 

18 the applicant— 

19 (i) of approval of the grant request; or 

20 (ii) if the grant request does not meet 

21 the requirements under paragraph (4), of 

22 disapproval of the grant request, including 

23 a detailed explanation of the reasons for the 

24 disapproval. 
274 

† HR 22 EAS 

1 (B) CONCURRENT NOTICE.—The Secretary 

2 shall provide concurrent notice of an approval or 

3 disapproval of a grant request under subpara4 graph (A) to the Committee on Banking, Hous5 ing, and Urban Affairs of the Senate and the 

6 Committee on Transportation and Infrastructure 

7 of the House of Representatives. 

8 (6) WAIVER.—The Secretary may grant a waiv9 er to an applicant that does not comply with para10 graph (4)(D) if— 

11 (A) the eligible project meets the definition 

12 of a core capacity improvement project; and 

13 (B) the Secretary certifies that the eligible 

14 project will allow the applicant to make substan15 tial progress in achieving a state of good repair. 

16 (7) SELECTION CRITERIA.—The Secretary may 

17 enter into a full funding grant agreement with an ap18 plicant under this subsection for an eligible project 

19 for which an application has been submitted and ap20 proved for advancement by the Secretary under para21 graph (4), only if the applicant has completed the 

22 planning and activities required under the National 

23 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.). 
275 

† HR 22 EAS 

1 (8) LETTERS OF INTENT AND FULL FUNDING

2 GRANT AGREEMENTS.— 

3 (A) LETTERS OF INTENT.— 

4 (i) AMOUNTS INTENDED TO BE OBLI5 GATED.—The Secretary may issue a letter 

6 of intent to an applicant announcing an in7 tention to obligate, for an eligible project 

8 under this subsection, an amount from fu9 ture available budget authority specified in 

10 law that is not more than the amount stip11 ulated as the financial participation of the 

12 Secretary in the eligible project. When a let13 ter is issued for an eligible project under 

14 this subsection, the amount shall be suffi15 cient to complete at least an operable seg16 ment. 

17 (ii) TREATMENT.—The issuance of a 

18 letter under clause (i) is deemed not to be 

19 an obligation under section 1108(c), 1501, 

20 or 1502(a) of title 31, United States Code, 

21 or an administrative commitment. 

22 (B) FULL FUNDING GRANT AGREEMENTS.— 

23 (i) IN GENERAL.—Except as provided 

24 in clause (v), an eligible project shall be 
276 

† HR 22 EAS 

1 carried out under this subsection through a 

2 full funding grant agreement. 

3 (ii) CRITERIA.—The Secretary shall 

4 enter into a full funding grant agreement, 

5 based the requirements of this subpara6 graph, with each applicant receiving assist7 ance for an eligible project that has received 

8 a written notice of approval under para9 graph (5)(A)(i). 

10 (iii) TERMS.—A full funding grant 

11 agreement shall— 

12 (I) establish the terms of partici13 pation by the Federal Government in 

14 the eligible project; 

15 (II) establish the maximum 

16 amount of Federal financial assistance 

17 for the eligible project; 

18 (III) include the period of time 

19 for completing construction of the eligi20 ble project, consistent with the terms of 

21 the public-private partnership agree22 ment, even if that period extends be23 yond the period of an authorization; 

24 and 
277 

† HR 22 EAS 

1 (IV) make timely and efficient 

2 management of the eligible project easi3 er according to the law of the United 

4 States. 

5 (iv) SPECIAL FINANCIAL RULES.— 

6 (I) IN GENERAL.—A full funding 

7 grant agreement under this subpara8 graph obligates an amount of available 

9 budget authority specified in law and 

10 may include a commitment, contingent 

11 on amounts to be specified in law in 

12 advance for commitments under this 

13 subparagraph, to obligate an addi14 tional amount from future available 

15 budget authority specified in law. 

16 (II) STATEMENT OF CONTINGENT

17 COMMITMENT.—A full funding grant 

18 agreement shall state that the contin19 gent commitment is not an obligation 

20 of the Federal Government. 

21 (III) INTEREST AND OTHER FI22 NANCING COSTS.—Interest and other fi23 nancing costs of efficiently carrying 

24 out a part of the eligible project within 

25 a reasonable time are a cost of car-
278 

† HR 22 EAS 

1 rying out the eligible project under a 

2 full funding grant agreement, except 

3 that eligible costs may not be more 

4 than the cost of the most favorable fi5 nancing terms reasonably available for 

6 the eligible project at the time of bor7 rowing. The applicant shall certify, in 

8 a way satisfactory to the Secretary, 

9 that the applicant has shown reason10 able diligence in seeking the most fa11 vorable financing terms. 

12 (IV) COMPLETION OF OPERABLE

13 SEGMENT.—The amount stipulated in 

14 an agreement under this subparagraph 

15 for a new fixed guideway capital 

16 project, core capacity improvement 

17 project, or small start project shall be 

18 sufficient to complete at least an oper19 able segment. 

20 (v) EXCEPTION.— 

21 (I) IN GENERAL.—The Secretary, 

22 to the maximum extent practicable, 

23 shall provide Federal assistance under 

24 this subsection for a small start project 

25 in a single grant. If the Secretary can-
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1 not provide such a single grant, the 

2 Secretary may execute an expedited 

3 grant agreement in order to include a 

4 commitment on the part of the Sec5 retary to provide funding for the 

6 project in future fiscal years. 

7 (II) TERMS OF EXPEDITED GRANT

8 AGREEMENTS.—In executing an expe9 dited grant agreement under this 

10 clause, the Secretary may include in 

11 the agreement terms similar to those 

12 established under clause (iii). 

13 (C) LIMITATION ON AMOUNTS.— 

14 (i) IN GENERAL.—The Secretary may 

15 enter into full funding grant agreements 

16 under this paragraph for eligible projects 

17 that contain contingent commitments to 

18 incur obligations in such amounts as the 

19 Secretary determines are appropriate. 

20 (ii) APPROPRIATION REQUIRED.—An 

21 obligation may be made under this para22 graph only when amounts are appropriated 

23 for obligation. 

24 (D) NOTIFICATION TO CONGRESS.— 
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1 (i) IN GENERAL.—Not later than 30 

2 days before the date on which the Secretary 

3 issues a letter of intent or enters into a full 

4 funding grant agreement for an eligible 

5 project under this paragraph, the Secretary 

6 shall notify, in writing, the Committee on 

7 Banking, Housing, and Urban Affairs and 

8 the Committee on Appropriations of the 

9 Senate and the Committee on Transpor10 tation and Infrastructure and the Com11 mittee on Appropriations of the House of 

12 Representatives of the proposed letter of in13 tent or full funding grant agreement. 

14 (ii) CONTENTS.—The written notifica15 tion under clause (i) shall include a copy of 

16 the proposed letter of intent or full funding 

17 grant agreement for the eligible project. 

18 (9) GOVERNMENT SHARE OF NET CAPITAL

19 PROJECT COST.— 

20 (A) IN GENERAL.—A grant for an eligible 

21 project shall not exceed 25 percent of the net cap22 ital project cost. 

23 (B) REMAINDER OF NET CAPITAL PROJECT

24 COST.—The remainder of the net capital project 

25 cost shall be provided from an undistributed cash 
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† HR 22 EAS 

1 surplus, a replacement or depreciation cash fund 

2 or reserve, or new capital. 

3 (C) LIMITATION ON STATUTORY CONSTRUC4 TION.—Nothing in this subsection shall be con5 strued as authorizing the Secretary to require a 

6 non-Federal financial commitment for a project 

7 that is more than 75 percent of the net capital 

8 project cost. 

9 (D) SPECIAL RULE FOR ROLLING STOCK

10 COSTS.—In addition to amounts allowed pursu11 ant to subparagraph (A), a planned extension to 

12 a fixed guideway system may include the cost of 

13 rolling stock previously purchased if the appli14 cant satisfies the Secretary that only amounts 

15 other than amounts provided by the Federal Gov16 ernment were used and that the purchase was 

17 made for use on the extension. A refund or re18 duction of the remainder may be made only if 

19 a refund of a proportional amount of the grant 

20 of the Federal Government is made at the same 

21 time. 

22 (E) FAILURE TO CARRY OUT PROJECT.—If 

23 an applicant does not carry out an eligible 

24 project for reasons within the control of the ap25 plicant, the applicant shall repay all Federal 
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† HR 22 EAS 

1 funds awarded for the eligible project from all 

2 Federal funding sources, for all eligible project 

3 activities, facilities, and equipment, plus reason4 able interest and penalty charges allowable by 

5 law. 

6 (F) CREDITING OF FUNDS RECEIVED.—Any 

7 funds received by the Federal Government under 

8 this paragraph, other than interest and penalty 

9 charges, shall be credited to the appropriation 

10 account from which the funds were originally de11 rived. 

12 (10) AVAILABILITY OF AMOUNTS.— 

13 (A) IN GENERAL.—An amount made avail14 able for an eligible project shall remain available 

15 to that eligible project for 5 fiscal years, includ16 ing the fiscal year in which the amount is made 

17 available. Any amounts that are unobligated to 

18 the eligible project at the end of the 5-fiscal-year 

19 period may be used by the Secretary for any 

20 purpose under this subsection. 

21 (B) USE OF DEOBLIGATED AMOUNTS.—An 

22 amount available under this subsection that is 

23 deobligated may be used for any purpose under 

24 this subsection. 
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† HR 22 EAS 

1 (11) ANNUAL REPORT ON EXPEDITED PROJECT

2 DELIVERY FOR CAPITAL INVESTMENT GRANTS.—Not 

3 later than the first Monday in February of each year, 

4 the Secretary shall submit to the Committee on Bank5 ing, Housing, and Urban Affairs and the Committee 

6 on Appropriations of the Senate and the Committee 

7 on Transportation and Infrastructure and the Com8 mittee on Appropriations of the House of Representa9 tives a report that includes a proposed amount to be 

10 available to finance grants for anticipated projects 

11 under this subsection. 

12 (12) BEFORE AND AFTER STUDY AND REPORT.— 

13 (A) STUDY REQUIRED.—Each recipient 

14 shall conduct a study that— 

15 (i) describes and analyzes the impacts 

16 of the eligible project on public transpor17 tation services and public transportation 

18 ridership; 

19 (ii) describes and analyzes the consist20 ency of predicted and actual benefits and 

21 costs of the innovative project development 

22 and delivery methods or innovative financ23 ing for the eligible project; and 
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† HR 22 EAS 

1 (iii) identifies reasons for any dif2 ferences between predicted and actual out3 comes for the eligible project. 

4 (B) SUBMISSION OF REPORT.—Not later 

5 than 2 years after an eligible project that is se6 lected under this subsection begins revenue oper7 ations, the recipient shall submit to the Sec8 retary a report on the results of the study con9 ducted under subparagraph (A). 

10 (13) RULE OF CONSTRUCTION.—Nothing in this 

11 subsection shall be construed to— 

12 (A) require the privatization of the oper13 ation or maintenance of any project for which 

14 an applicant seeks funding under this subsection; 

15 (B) revise the determinations by local poli16 cies, criteria, and decisionmaking under section 

17 5306(a) of title 49, United States Code; 

18 (C) alter the requirements for locally devel19 oped, coordinated, and implemented transpor20 tation plans under sections 5303 and 5304 of 

21 title 49, United States Code; or 

22 (D) alter the eligibilities or priorities for 

23 assistance under this subsection or section 5309 

24 of title 49, United States Code. 
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1 SEC. 21007. MOBILITY OF SENIORS AND INDIVIDUALS WITH 

2 DISABILITIES. 

3 (a) COORDINATION OF PUBLIC TRANSPORTATION

4 SERVICES WITH OTHER FEDERALLY ASSISTED LOCAL

5 TRANSPORTATION SERVICES.— 

6 (1) DEFINITIONS.—In this subsection— 

7 (A) the term ‘‘allocated cost model’’ means 

8 a method of determining the cost of trips by allo9 cating the cost to each trip purpose served by a 

10 transportation provider in a manner that is pro11 portional to the level of transportation service 

12 that the transportation provider delivers for each 

13 trip purpose, to the extent permitted by applica14 ble Federal requirements; and 

15 (B) the term ‘‘Council’’ means the Inter16 agency Transportation Coordinating Council on 

17 Access and Mobility established under Executive 

18 Order 13330 (49 U.S.C. 101 note). 

19 (2) COORDINATING COUNCIL ON ACCESS AND MO20 BILITY STRATEGIC PLAN.—Not later than 2 years 

21 after the date of enactment of this Act, the Council 

22 shall publish a strategic plan for the Council that— 

23 (A) outlines the role and responsibilities of 

24 each Federal agency with respect to local trans25 portation coordination, including non-emergency 

26 medical transportation; 
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† HR 22 EAS 

1 (B) identifies a strategy to strengthen inter2 agency collaboration; 

3 (C) addresses any outstanding recommenda4 tions made by the Council in the 2005 Report to 

5 the President relating to the implementation of 

6 Executive Order 13330, including— 

7 (i) a cost-sharing policy endorsed by 

8 the Council; and 

9 (ii) recommendations to increase par10 ticipation by recipients of Federal grants in 

11 locally developed, coordinated planning 

12 processes; and 

13 (D) to the extent feasible, addresses rec14 ommendations by the Comptroller General of the 

15 United States concerning local coordination of 

16 transportation services. 

17 (3) DEVELOPMENT OF COST-SHARING POLICY IN

18 COMPLIANCE WITH APPLICABLE FEDERAL REQUIRE19 MENTS.—In establishing the cost-sharing policy re20 quired under paragraph (2), the Council may con21 sider, to the extent practicable— 

22 (A) the development of recommended strate23 gies for grantees of programs funded by members 

24 of the Council, including strategies for grantees 

25 of programs that fund non-emergency medical 
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† HR 22 EAS 

1 transportation, to use the cost-sharing policy in 

2 a manner that does not violate applicable Fed3 eral requirements; and 

4 (B) optional incorporation of an allocated 

5 cost model to facilitate local coordination efforts 

6 that comply with applicable requirements of pro7 grams funded by members of the Council, such 

8 as— 

9 (i) eligibility requirements; 

10 (ii) service delivery requirements; and 

11 (iii) reimbursement requirements. 

12 (b) PILOT PROGRAM FOR INNOVATIVE COORDINATED

13 ACCESS AND MOBILITY.— 

14 (1) DEFINITIONS.—In this subsection— 

15 (A) the term ‘‘eligible project’’ has the 

16 meaning given the term ‘‘capital project’’ in sec17 tion 5302 of title 49, United States Code; and 

18 (B) the term ‘‘eligible recipient’’ means a 

19 recipient or subrecipient, as those terms are de20 fined in section 5310 of title 49, United States 

21 Code. 

22 (2) GENERAL AUTHORITY.—The Secretary may 

23 make grants under this subsection to eligible recipi24 ents to assist in financing innovative projects for the 

25 transportation disadvantaged that improve the co-
288 

† HR 22 EAS 

1 ordination of transportation services and non-emer2 gency medical transportation services, including— 

3 (A) the deployment of coordination tech4 nology; 

5 (B) projects that create or increase access to 

6 community One-Call/One-Click Centers; and 

7 (C) such other projects as determined by the 

8 Secretary. 

9 (3) APPLICATION.—An eligible recipient shall 

10 submit to the Secretary an application that, at a 

11 minimum, contains— 

12 (A) a detailed description of the eligible 

13 project; 

14 (B) an identification of all eligible project 

15 partners and their specific role in the eligible 

16 project, including— 

17 (i) private entities engaged in the co18 ordination of non-emergency medical trans19 portation services for the transportation 

20 disadvantaged; or 

21 (ii) nonprofit entities engaged in the 

22 coordination of non-emergency medical 

23 transportation services for the transpor24 tation disadvantaged; 
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† HR 22 EAS 

1 (C) a description of how the eligible project 

2 would— 

3 (i) improve local coordination or access 

4 to coordinated transportation services; 

5 (ii) reduce duplication of service, if ap6 plicable; and 

7 (iii) provide innovative solutions in 

8 the State or community; and 

9 (D) specific performance measures the eligi10 ble project will use to quantify actual outcomes 

11 against expected outcomes. 

12 (4) GOVERNMENT SHARE OF COSTS.— 

13 (A) IN GENERAL.—The Government share of 

14 the cost of an eligible project carried out under 

15 this subsection shall not exceed 80 percent. 

16 (B) NON-GOVERNMENT SHARE.—The non17 Government share of the cost of an eligible 

18 project carried out under this subsection may be 

19 derived from in-kind contributions. 

20 (5) RULE OF CONSTRUCTION.—For purposes of 

21 this subsection, non-emergency medical transportation 

22 services shall be limited to services eligible under Fed23 eral programs other than programs authorized under 

24 chapter 53 of title 49, United States Code. 
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† HR 22 EAS 

1 (c) TECHNICAL CORRECTION.—Section 5310(a) of title 

2 49, United States Code, is amended by striking paragraph 

3 (1) and inserting the following: 

4 ‘‘(1) RECIPIENT.—The term ‘recipient’ means— 

5 ‘‘(A) a designated recipient or a State that 

6 receives a grant under this section directly; or 

7 ‘‘(B) a State or local governmental entity 

8 that operates a public transportation service.’’. 

9 SEC. 21008. FORMULA GRANTS FOR RURAL AREAS. 

10 Section 5311 of title 49, United States Code, is amend11 ed— 

12 (1) in subsection (c)(1), as amended by division 

13 G, by striking subparagraphs (A) and (B) and insert14 ing the following: 

15 ‘‘(A) $5,000,000 for each fiscal year shall be 

16 distributed on a competitive basis by the Sec17 retary. 

18 ‘‘(B) $30,000,000 for each fiscal year shall 

19 be apportioned as formula grants, as provided in 

20 subsection (j).’’; and 

21 (2) in subsection (j)(1)— 

22 (A) in subparagraph (A)(iii), by striking 

23 ‘‘(as defined by the Bureau of the Census)’’ and 

24 inserting ‘‘(American Indian Areas, Alaska Na-
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† HR 22 EAS 

1 tive Areas, and Hawaiian Home Lands, as de2 fined by the Bureau of the Census)’’; and 

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

4 ‘‘(E) ALLOCATION BETWEEN MULTIPLE IN5 DIAN TRIBES.—If more than 1 Indian tribe pro6 vides public transportation service on tribal 

7 lands in a single Tribal Statistical Area, and the 

8 Indian tribes do not determine how to allocate 

9 the funds apportioned under clause (iii) of sub10 paragraph (A) between the Indian tribes, the 

11 Secretary shall allocate the funds such that each 

12 Indian tribe shall receive an amount equal to the 

13 total amount apportioned under such clause (iii) 

14 multiplied by the ratio of the number of annual 

15 unlinked passenger trips provided by each In16 dian tribe, as reported to the National Transit 

17 Database, to the total unlinked passenger trips 

18 provided by all the Indian tribes in the Tribal 

19 Statistical Area.’’. 

20 SEC. 21009. RESEARCH, DEVELOPMENT, DEMONSTRATION, 

21 AND DEPLOYMENT PROGRAM. 

22 (a) IN GENERAL.—Section 5312 of title 49, United 

23 States Code, is amended— 

24 (1) in the section heading, by striking 

25 ‘‘projects’’ and inserting ‘‘program’’; 
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† HR 22 EAS 

1 (2) in subsection (a), in the subsection heading, 

2 by striking ‘‘PROJECTS’’ and inserting ‘‘PROGRAM’’; 

3 (3) in subsection (d)— 

4 (A) in paragraph (3)— 

5 (i) in the matter preceding subpara6 graph (A), by inserting ‘‘demonstration, de7 ployment, or evaluation’’ before ‘‘project 

8 that’’; 

9 (ii) in subparagraph (A), by striking 

10 ‘‘and’’ at the end; 

11 (iii) in subparagraph (B), by striking 

12 the period at the end and inserting ‘‘; or’’; 

13 and 

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

15 ‘‘(C) the deployment of low or no emission 

16 vehicles, zero emission vehicles, or associated ad17 vanced technology.’’; and 

18 (B) by striking paragraph (5) and inserting 

19 the following: 

20 ‘‘(5) PROHIBITION.—The Secretary may not 

21 make grants under this subsection for the demonstra22 tion, deployment, or evaluation of a vehicle that is in 

23 revenue service unless the Secretary determines that 

24 the project makes significant technological advance25 ments in the vehicle. 
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† HR 22 EAS 

1 ‘‘(6) DEFINITIONS.—In this subsection— 

2 ‘‘(A) the term ‘direct carbon emissions’ 

3 means the quantity of direct greenhouse gas 

4 emissions from a vehicle, as determined by the 

5 Administrator of the Environmental Protection 

6 Agency; 

7 ‘‘(B) the term ‘low or no emission vehicle’ 

8 means— 

9 ‘‘(i) a passenger vehicle used to provide 

10 public transportation that the Secretary de11 termines sufficiently reduces energy con12 sumption or harmful emissions, including 

13 direct carbon emissions, when compared to 

14 a comparable standard vehicle; or 

15 ‘‘(ii) a zero emission vehicle used to 

16 provide public transportation; and 

17 ‘‘(C) the term ‘zero emission vehicle’ means 

18 a low or no emission vehicle that produces no 

19 carbon or particulate matter.’’; 

20 (4) by redesignating subsections (e) and (f) as 

21 subsections (f) and (g), respectively; 

22 (5) by inserting after subsection (d) the fol23 lowing: 

24 ‘‘(e) LOW OR NO EMISSION VEHICLE COMPONENT AS25 SESSMENT.— 
294 

† HR 22 EAS 

1 ‘‘(1) DEFINITIONS.—In this subsection— 

2 ‘‘(A) the term ‘covered institution of higher 

3 education’ means an institution of higher edu4 cation with which the Secretary enters into a 

5 contract or cooperative agreement, or to which 

6 the Secretary makes a grant, under paragraph 

7 (2)(B) to operate a facility designated under 

8 paragraph (2)(A); 

9 ‘‘(B) the terms ‘direct carbon emissions’ and 

10 ‘low or no emission vehicle’ have the meanings 

11 given those terms in subsection (d)(6); 

12 ‘‘(C) the term ‘institution of higher edu13 cation’ has the meaning given the term in sec14 tion 102 of the Higher Education Act of 1965 

15 (20 U.S.C. 1002); and 

16 ‘‘(D) the term ‘low or no emission vehicle 

17 component’ means an item that is separately in18 stalled in and removable from a low or no emis19 sion vehicle. 

20 ‘‘(2) ASSESSING LOW OR NO EMISSION VEHICLE

21 COMPONENTS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 designate not more than 2 facilities to conduct 

24 testing, evaluation, and analysis of low or no 
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† HR 22 EAS 

1 emission vehicle components intended for use in 

2 low or no emission vehicles. 

3 ‘‘(B) OPERATION AND MAINTENANCE.— 

4 ‘‘(i) IN GENERAL.—The Secretary shall 

5 enter into a contract or cooperative agree6 ment with, or make a grant to, not more 

7 than 2 institutions of higher education to 

8 each operate and maintain a facility des9 ignated under subparagraph (A). 

10 ‘‘(ii) REQUIREMENTS.—An institution 

11 of higher education described in clause (i) 

12 shall have— 

13 ‘‘(I) previous experience with 

14 transportation-related advanced com15 ponent and vehicle evaluation; 

16 ‘‘(II) laboratories capable of test17 ing and evaluation; 

18 ‘‘(III) direct access to or a part19 nership with a testing facility capable 

20 of emulating real-world circumstances 

21 in order to test low or no emission ve22 hicle components installed on the in23 tended vehicle; 

24 ‘‘(IV) extensive knowledge of pub25 lic-private partnerships in the trans-
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† HR 22 EAS 

1 portation sector, with emphasis on de2 velopment and evaluation of materials, 

3 products, and components; 

4 ‘‘(V) the ability to reduce costs to 

5 partners by leveraging existing pro6 grams to provide complementary re7 search, development, testing, and eval8 uation; and 

9 ‘‘(VI) the means to conduct per10 formance assessments on low or no 

11 emission vehicle components based on 

12 industry standards. 

13 ‘‘(C) FEES.—A covered institution of higher 

14 education shall establish and collect fees, which 

15 shall be approved by the Secretary, for the assess16 ment of low or no emission components at the 

17 applicable facility designated under subpara18 graph (A). 

19 ‘‘(D) AVAILABILITY OF AMOUNTS TO PAY

20 FOR ASSESSMENT.—The Secretary shall enter 

21 into a contract or cooperative agreement with, or 

22 make a grant to, each covered institution of 

23 higher education under which— 

24 ‘‘(i) the Secretary shall pay 50 percent 

25 of the cost of assessing a low or no emission 
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† HR 22 EAS 

1 vehicle component at the applicable facility 

2 designated under subparagraph (A) from 

3 amounts made available to carry out this 

4 section; and 

5 ‘‘(ii) the remaining 50 percent of such 

6 cost shall be paid from amounts recovered 

7 through the fees established and collected 

8 pursuant to subparagraph (C). 

9 ‘‘(E) VOLUNTARY TESTING.—A manufac10 turer of a low or no emission vehicle component 

11 is not required to assess the low or no emission 

12 vehicle component at a facility designated under 

13 subparagraph (A). 

14 ‘‘(F) COMPLIANCE WITH SECTION 5318.— 

15 Notwithstanding whether a low or no emission 

16 vehicle component is assessed at a facility des17 ignated under subparagraph (A), each new bus 

18 model shall comply with the requirements under 

19 section 5318. 

20 ‘‘(G) SEPARATE FACILITY.—Each facility 

21 designated under subparagraph (A) shall be sep22 arate and distinct from the facility operated and 

23 maintained under section 5318. 

24 ‘‘(3) LOW OR NO EMISSION VEHICLE COMPONENT

25 PERFORMANCE REPORTS.—Not later than 2 years 
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† HR 22 EAS 

1 after the date of enactment of the Federal Public 

2 Transportation Act of 2015, and annually thereafter, 

3 the Secretary shall issue a report on low or no emis4 sion vehicle component assessments conducted at each 

5 facility designated under paragraph (2)(A), which 

6 shall include information related to the maintain7 ability, reliability, performance, structural integrity, 

8 efficiency, and noise of those low or no emission vehi9 cle components. 

10 ‘‘(4) PUBLIC AVAILABILITY OF ASSESSMENTS.— 

11 Each assessment conducted at a facility designated 

12 under paragraph (2)(A) shall be made publically 

13 available, including to affected industries. 

14 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this 

15 subsection shall be construed to require— 

16 ‘‘(A) a low or no emission vehicle compo17 nent to be tested at a facility designated under 

18 paragraph (2)(A); or 

19 ‘‘(B) the development or disclosure of a pri20 vately funded component assessment.’’; 

21 (6) in subsection (f), as so redesignated— 

22 (A) in paragraph (2), by striking ‘‘and’’ at 

23 the end; 

24 (B) by redesignating paragraph (3) as 

25 paragraph (4); 
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† HR 22 EAS 

1 (C) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) a list of any projects that returned negative 

4 results in the preceding fiscal year and an analysis 

5 of such results; and’’; and 

6 (D) in paragraph (4), as so redesignated, by 

7 inserting before the period at the end the fol8 lowing: ‘‘based on projects in the pipeline, ongo9 ing projects, and anticipated research efforts nec10 essary to advance certain projects to a subse11 quent research phase’’; and 

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

13 ‘‘(h) COOPERATIVE RESEARCH PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall estab15 lish— 

16 ‘‘(A) a public transportation cooperative re17 search program under this subsection; and 

18 ‘‘(B) an independent governing board for 

19 the program, which shall recommend public 

20 transportation research, development, and tech21 nology transfer activities the Secretary considers 

22 appropriate. 

23 ‘‘(2) FEDERAL ASSISTANCE.—The Secretary may 

24 make grants to, and cooperative agreements with, the 

25 National Academy of Sciences to carry out activities 
300 

† HR 22 EAS 

1 under this subsection that the Secretary determines 

2 appropriate. 

3 ‘‘(3) GOVERNMENT SHARE.—If there would be a 

4 clear and direct financial benefit to an entity under 

5 a grant or contract financed under this section, the 

6 Secretary shall establish a Government share con7 sistent with that benefit.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) TITLE 49.—Chapter 53 of title 49, United 

10 States Code, is amended by striking section 5313. 

11 (2) TABLE OF SECTIONS AMENDMENT.—The table 

12 of sections for chapter 53 of title 49, United States 

13 Code, is amended by striking the items relating to sec14 tions 5312 and 5313 and inserting the following: 

‘‘5312. Research, development, demonstration, and deployment program. 

‘‘[5313. Repealed.]’’. 

15 SEC. 21010. PRIVATE SECTOR PARTICIPATION. 

16 (a) IN GENERAL.—Section 5315 of title 49, United 

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

18 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to alter— 

20 ‘‘(1) the eligibilities, requirements, or priority 

21 for assistance provided under this chapter; or 

22 ‘‘(2) the requirements of section 5306(a).’’. 

23 (b) MAP–21 TECHNICAL CORRECTION.—Section 

24 20013(d) of the Moving Ahead for Progress in the 21st Cen-
301 

† HR 22 EAS 

1 tury Act (Public Law 112–141; 126 Stat. 694) is amended 

2 by striking ‘‘5307(c)’’ and inserting ‘‘5307(b)’’. 

3 SEC. 21011. INNOVATIVE PROCUREMENT. 

4 (a) IN GENERAL.—Chapter 53 of title 49, United 

5 States Code, is amended by inserting after section 5315 the 

6 following: 

7 ‘‘§ 5316. Innovative procurement 

8 ‘‘(a) DEFINITION.—In this section, the term ‘grantee’ 

9 means a recipient or subrecipient of assistance under this 

10 chapter. 

11 ‘‘(b) COOPERATIVE PROCUREMENT.— 

12 ‘‘(1) DEFINITIONS; GENERAL RULES.— 

13 ‘‘(A) DEFINITIONS.—In this subsection— 

14 ‘‘(i) the term ‘cooperative procurement 

15 contract’ means a contract— 

16 ‘‘(I) entered into between a State 

17 government or eligible nonprofit and 1 

18 or more vendors; and 

19 ‘‘(II) under which the vendors 

20 agree to provide an option to purchase 

21 rolling stock and related equipment to 

22 multiple participants; 

23 ‘‘(ii) the term ‘eligible nonprofit entity’ 

24 means— 
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† HR 22 EAS 

1 ‘‘(I) a nonprofit entity that is not 

2 a grantee; or 

3 ‘‘(II) a consortium of entities de4 scribed in subclause (I); 

5 ‘‘(iii) the terms ‘lead nonprofit entity’ 

6 and ‘lead procurement agency’ mean an eli7 gible nonprofit entity or a State govern8 ment, respectively, that acts in an adminis9 trative capacity on behalf of each partici10 pant in a cooperative procurement contract; 

11 ‘‘(iv) the term ‘participant’ means a 

12 grantee that participates in a cooperative 

13 procurement contract; and 

14 ‘‘(v) the term ‘participate’ means to 

15 purchase rolling stock and related equip16 ment under a cooperative procurement con17 tract using assistance provided under this 

18 chapter. 

19 ‘‘(B) GENERAL RULES.— 

20 ‘‘(i) PROCUREMENT NOT LIMITED TO

21 INTRASTATE PARTICIPANTS.—A grantee 

22 may participate in a cooperative procure23 ment contract without regard to whether the 

24 grantee is located in the same State as the 

25 parties to the contract. 
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† HR 22 EAS 

1 ‘‘(ii) VOLUNTARY PARTICIPATION.— 

2 Participation by grantees in a cooperative 

3 procurement contract shall be voluntary. 

4 ‘‘(iii) CONTRACT TERMS.—The lead 

5 procurement agency or lead nonprofit entity 

6 for a cooperative procurement contract shall 

7 develop the terms of the contract. 

8 ‘‘(iv) DURATION.—A cooperative pro9 curement contract— 

10 ‘‘(I) subject to subclauses (II) and 

11 (III), may be for an initial term of not 

12 more than 2 years; 

13 ‘‘(II) may include not more than 

14 3 optional extensions for terms of not 

15 more than 1 year each; and 

16 ‘‘(III) may be in effect for a total 

17 period of not more than 5 years, in18 cluding each extension authorized 

19 under subclause (II). 

20 ‘‘(v) ADMINISTRATIVE EXPENSES.—A 

21 lead procurement agency or lead nonprofit 

22 entity, as applicable, that enters into a co23 operative procurement contract— 

24 ‘‘(I) may charge the participants 

25 in the contract for the cost of admin-
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† HR 22 EAS 

1 istering, planning, and providing tech2 nical assistance for the contract in an 

3 amount that is not more than 1 per4 cent of the total value of the contract; 

5 and 

6 ‘‘(II) with respect to the cost de7 scribed in subclause (I), may incor8 porate the cost into the price of the 

9 contract or directly charge the partici10 pants for the cost, but not both. 

11 ‘‘(2) STATE COOPERATIVE PROCUREMENT

12 SCHEDULES.— 

13 ‘‘(A) AUTHORITY.—A State government 

14 may enter into a cooperative procurement con15 tract with 1 or more vendors if— 

16 ‘‘(i) the vendors agree to provide an 

17 option to purchase rolling stock and related 

18 equipment to the State government and any 

19 other participant; and 

20 ‘‘(ii) the State government acts 

21 throughout the term of the contract as the 

22 lead procurement agency. 

23 ‘‘(B) APPLICABILITY OF POLICIES AND PRO24 CEDURES.—In procuring rolling stock and re25 lated equipment under a cooperative procure-
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† HR 22 EAS 

1 ment contract under this subsection, a State gov2 ernment shall comply with the policies and pro3 cedures that apply to procurement by the State 

4 government when using non-Federal funds, to the 

5 extent that the policies and procedures are in 

6 conformance with applicable Federal law. 

7 ‘‘(3) PILOT PROGRAM FOR NONPROFIT COOPERA8 TIVE PROCUREMENTS.— 

9 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

10 establish and carry out a pilot program to dem11 onstrate the effectiveness of cooperative procure12 ment contracts administered by nonprofit enti13 ties. 

14 ‘‘(B) DESIGNATION.—In carrying out the 

15 program under this paragraph, the Secretary 

16 shall designate not less than 1 eligible nonprofit 

17 entity to enter into a cooperative procurement 

18 contract under which the nonprofit entity acts 

19 throughout the term of the contract as the lead 

20 nonprofit entity. 

21 ‘‘(C) NUMBER OF ENTITIES.—The Secretary 

22 may designate not more than 3 geographically 

23 diverse eligible nonprofit entities under subpara24 graph (B). 
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1 ‘‘(D) NOTICE OF INTENT TO PARTICI2 PATE.—At a time determined appropriate by the 

3 lead nonprofit entity, each participant in a co4 operative procurement contract under this para5 graph shall submit to the lead nonprofit entity 

6 a nonbinding notice of intent to participate. 

7 ‘‘(c) LEASING ARRANGEMENTS.— 

8 ‘‘(1) CAPITAL LEASE DEFINED.— 

9 ‘‘(A) IN GENERAL.—In this subsection, the 

10 term ‘capital lease’ means any agreement under 

11 which a grantee acquires the right to use rolling 

12 stock or related equipment for a specified period 

13 of time, in exchange for a periodic payment. 

14 ‘‘(B) MAINTENANCE.—A capital lease may 

15 require that the lessor provide maintenance of 

16 the rolling stock or related equipment covered by 

17 the lease. 

18 ‘‘(2) PROGRAM TO SUPPORT INNOVATIVE LEASING

19 ARRANGEMENTS.— 

20 ‘‘(A) AUTHORITY.—A grantee may use as21 sistance provided under this chapter to enter into 

22 a capital lease if— 

23 ‘‘(i) the rolling stock or related equip24 ment covered under the lease is eligible for 

25 capital assistance under this chapter; and 
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1 ‘‘(ii) there is or will be no Federal in2 terest in the rolling stock or related equip3 ment covered under the lease as of the date 

4 on which the lease takes effect. 

5 ‘‘(B) GRANTEE REQUIREMENTS.—A grantee 

6 that enters into a capital lease shall— 

7 ‘‘(i) maintain an inventory of the roll8 ing stock or related equipment acquired 

9 under the lease; and 

10 ‘‘(ii) maintain on the accounting 

11 records of the grantee the liability of the 

12 grantee under the lease. 

13 ‘‘(C) ELIGIBLE LEASE COSTS.—The costs 

14 for which a grantee may use assistance under 

15 this chapter, with respect to a capital lease, in16 clude— 

17 ‘‘(i) the cost of the rolling stock or re18 lated equipment; 

19 ‘‘(ii) associated financing costs, includ20 ing interest, legal fees, and financial advi21 sor fees; 

22 ‘‘(iii) ancillary costs such as delivery 

23 and installation charges; and 

24 ‘‘(iv) maintenance costs. 
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1 ‘‘(D) TERMS.—A grantee shall negotiate the 

2 terms of any lease agreement that the grantee en3 ters into. 

4 ‘‘(E) APPLICABILITY OF PROCUREMENT RE5 QUIREMENTS.— 

6 ‘‘(i) LEASE REQUIREMENTS.—Part 639 

7 of title 49, Code of Federal Regulations, or 

8 any successor regulation, and implementing 

9 guidance applicable to leasing shall not 

10 apply to a capital lease. 

11 ‘‘(ii) BUY AMERICA.—The requirements 

12 under section 5323(j) shall apply to a cap13 ital lease. 

14 ‘‘(3) INCENTIVE PROGRAM FOR CAPITAL LEASING

15 OF ROLLING STOCK.— 

16 ‘‘(A) AUTHORITY.—The Secretary shall 

17 carry out an incentive program for capital leas18 ing of rolling stock (referred to in this paragraph 

19 as the ‘program’). 

20 ‘‘(B) SELECTION OF PARTICIPANTS.— 

21 ‘‘(i) IN GENERAL.—The Secretary shall 

22 select not less than 6 grantees to participate 

23 in the program, which shall be— 

24 ‘‘(I) geographically diverse; and 
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1 ‘‘(II) evenly distributed among 

2 grantees in accordance with clause (ii). 

3 ‘‘(ii) POPULATION SIZE.—In selecting 

4 an even distribution of grantees under 

5 clause (i)(II), the Secretary shall select not 

6 less than— 

7 ‘‘(I) 2 grantees that serve rural 

8 areas; 

9 ‘‘(II) 2 grantees that serve urban10 ized areas with a population of fewer 

11 than 200,000 individuals, as deter12 mined by the Bureau of the Census; 

13 and 

14 ‘‘(III) 2 grantees that serve ur15 banized areas with a population of 

16 200,000 or more individuals, as deter17 mined by the Bureau of the Census. 

18 ‘‘(iii) WAIVER.—The Secretary may 

19 waive a requirement under clause (ii) if an 

20 insufficient number of eligible grantees of a 

21 particular population size apply to partici22 pate in the program. 

23 ‘‘(C) PARTICIPANT REQUIREMENTS.— 

24 ‘‘(i) IN GENERAL.—A grantee that par25 ticipates in the program shall— 
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1 ‘‘(I) enter into a capital lease for 

2 a period of not less than 5 years; and 

‘‘(II) replace not less than 1 3 ⁄4 of 

4 the grantee’s fleet through the capital 

5 lease. 

6 ‘‘(ii) VEHICLE REQUIREMENTS.—The 

7 vehicles replaced under clause (i)(II), with 

8 respect to the fleet as constituted on the day 

9 before the date on which the capital lease is 

10 entered into, shall— 

11 ‘‘(I) be the oldest vehicles in the 

12 fleet; or 

13 ‘‘(II) produce the highest quantity 

14 of direct greenhouse gas emissions rel15 ative to the other vehicles in the fleet, 

16 as determined by the Administrator of 

17 the Environmental Protection Agency. 

18 ‘‘(iii) WAIVER OF FEDERAL INTEREST

19 REQUIREMENTS.—If a grantee partici20 pating in the program seeks to replace vehi21 cles that have a remaining Federal interest, 

22 the Secretary shall— 

23 ‘‘(I) evaluate the economic and 

24 environmental benefits of waiving the 
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† HR 22 EAS 

1 Federal interest, as demonstrated by 

2 the grantee; 

3 ‘‘(II) if the grantee demonstrates a 

4 net economic or environmental benefit, 

5 grant an early disposition of the vehi6 cles; and 

7 ‘‘(III) publish each evaluation 

8 and final determination of the Sec9 retary under this clause in a con10 spicuous location on the website of the 

11 Federal Transit Administration. 

12 ‘‘(D) PARTICIPANT BENEFIT.—During the 

13 period during which a capital lease described in 

14 subparagraph (C)(i)(I), entered into by a grant15 ee participating in the program, is in effect, the 

16 limit on the Government share of operating ex17 penses under subsection (d)(2) of section 5307, 

18 subsection (d)(2) of section 5310, or subsection 

19 (g)(2) of section 5311 shall not apply with re20 spect to any grant awarded to the grantee under 

21 the applicable section. 

22 ‘‘(E) REPORTING REQUIREMENT.—Not later 

23 than 3 years after the date on which a grantee 

24 enters into a capital lease under the program, 
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1 the grantee shall submit to the Secretary a report 

2 that contains— 

3 ‘‘(i) an evaluation of the overall costs 

4 and benefits of leasing rolling stock; 

5 ‘‘(ii) a cost comparison of leasing 

6 versus buying rolling stock; 

7 ‘‘(iii) a comparison of the expected 

8 short-term and long-term maintenance costs 

9 of leasing versus buying rolling stock; and 

10 ‘‘(iv) a projected budget showing the 

11 changes in overall operating and capital ex12 penses due to the capital lease that the 

13 grantee entered into under the program. 

14 ‘‘(4) INCENTIVE PROGRAM FOR CAPITAL LEASING

15 OF CERTAIN ZERO EMISSION VEHICLE COMPO16 NENTS.— 

17 ‘‘(A) DEFINITIONS.—In this paragraph— 

18 ‘‘(i) the term ‘removable power 

19 source’— 

20 ‘‘(I) means a power source that is 

21 separately installed in, and removable 

22 from, a zero emission vehicle; and 

23 ‘‘(II) may include a battery, a 

24 fuel cell, an ultra-capacitor, or other 
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† HR 22 EAS 

1 advanced power source used in a zero 

2 emission vehicle; and 

3 ‘‘(ii) the term ‘zero emission vehicle’ 

4 has the meaning given the term in section 

5 5339(c). 

6 ‘‘(B) LEASED POWER SOURCES.—Notwith7 standing any other provision of law, for pur8 poses of this subsection, the cost of a removable 

9 power source that is necessary for the operation 

10 of a zero emission vehicle shall not be treated as 

11 part of the cost of the vehicle if the removable 

12 power source is acquired using a capital lease. 

13 ‘‘(C) ELIGIBLE CAPITAL LEASE.—A grantee 

14 may acquire a removable power source by itself 

15 through a capital lease.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 (1) TABLE OF SECTIONS.—The table of sections 

18 for chapter 53 of title 49, United States Code, is 

19 amended by inserting after the item relating to sec20 tion 5315 the following: 

‘‘5316. Innovative procurement.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 5325(e)(2) of title 49, United States Code, is amended 

23 by inserting after ‘‘this subsection’’ the following: ‘‘, 

24 section 5316,’’. 
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† HR 22 EAS 

1 SEC. 21012. HUMAN RESOURCES AND TRAINING. 

2 Section 5322 of title 49, United States Code, is amend3 ed— 

4 (1) in subsection (b)— 

5 (A) in paragraph (1), in the paragraph 

6 heading, by striking ‘‘PROGRAM ESTABLISHED’’ 

7 and inserting ‘‘IN GENERAL’’; 

8 (B) by redesignating paragraph (2) as 

9 paragraph (3); 

10 (C) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) PROGRAMS.—A program eligible for assist13 ance under subsection (a) shall— 

14 ‘‘(A) provide skills training, on-the-job 

15 training, and work-based learning; 

16 ‘‘(B) offer career pathways that support the 

17 movement from initial or short-term employment 

18 opportunities to sustainable careers; 

19 ‘‘(C) address current or projected workforce 

20 shortages; 

21 ‘‘(D) replicate successful workforce develop22 ment models; or 

23 ‘‘(E) respond to such other workforce needs 

24 as the Secretary determines appropriate.’’; 

25 (D) in paragraph (3), as so redesignated— 
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1 (i) in subparagraph (G), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (H), by striking 

4 the period at the end and inserting ‘‘; and’’; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(I) give priority to minorities, 

9 women, individuals with disabilities, 

10 veterans, low-income populations, and 

11 other underserved populations.’’; and 

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

13 ‘‘(4) COORDINATION.—A recipient of assistance 

14 under this subsection shall— 

15 ‘‘(A) identify the workforce needs and com16 mensurate training needs at the local level in co17 ordination with entities such as local employers, 

18 local public transportation operators, labor 

19 union organizations, workforce development 

20 boards, State workforce agencies, State appren21 ticeship agencies (where applicable), university 

22 transportation centers, community colleges, and 

23 community-based organizations representing mi24 norities, women, disabled individuals, veterans, 

25 and low-income populations; and 
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1 ‘‘(B) to the extent practicable, conduct local 

2 training programs in coordination with existing 

3 local training programs supported by the Sec4 retary, the Department of Labor (including reg5 istered apprenticeship programs), and the De6 partment of Education. 

7 ‘‘(5) PROGRAM OUTCOMES.—A recipient of as8 sistance under this subsection shall demonstrate out9 comes for any program that includes skills training, 

10 on-the-job training, and work-based learning, includ11 ing— 

12 ‘‘(A) the impact on reducing public trans13 portation workforce shortages in the area served; 

14 ‘‘(B) the diversity of training participants; 

15 ‘‘(C) the number of participants obtaining 

16 certifications or credentials required for specific 

17 types of employment; 

18 ‘‘(D) employment outcomes, including job 

19 placement, job retention, and wages, using per20 formance metrics established in consultation 

21 with the Secretary and the Secretary of Labor 

22 and consistent with metrics used by programs 

23 under the Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3101 et seq.); and 
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† HR 22 EAS 

1 ‘‘(E) to the extent practical, evidence that 

2 the program did not preclude workers who are 

3 participating in skills training, on-the-job train4 ing, and work-based learning from being referred 

5 to, or hired on, projects funded under this chap6 ter without regard to the length of time of their 

7 participation in the program.’’; and 

8 (2) in subsection (d), by striking paragraph (4) 

9 and inserting the following: 

10 ‘‘(4) USE FOR TECHNICAL ASSISTANCE.—The 

11 Secretary may use not more than 1 percent of the 

12 amounts made available to carry out this section to 

13 provide technical assistance for activities and pro14 grams developed, conducted, and overseen under this 

15 subsection. 

16 ‘‘(5) AVAILABILITY OF AMOUNTS.— 

17 ‘‘(A) IN GENERAL.—Not more than 0.5 per18 cent of the amounts made available to a recipi19 ent under sections 5307, 5337, and 5339 is 

20 available for expenditure by the recipient, with 

21 the approval of the Secretary, to pay not more 

22 than 80 percent of the cost of eligible activities 

23 under this subsection. 

24 ‘‘(B) EXISTING PROGRAMS.—A recipient 

25 may use amounts made available under para-
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† HR 22 EAS 

1 graph (A) to carry out existing local education 

2 and training programs for public transportation 

3 employees supported by the Secretary, the De4 partment of Labor, or the Department of Edu5 cation.’’. 

6 SEC. 21013. GENERAL PROVISIONS. 

7 Section 5323 of title 49, United States Code, is amend8 ed— 

9 (1) in subsection (j)— 

10 (A) in paragraph (2), by striking subpara11 graph (C) and inserting the following: 

12 ‘‘(C) when procuring rolling stock (includ13 ing train control, communication, and traction 

14 power equipment, and rolling stock prototypes) 

15 under this chapter— 

16 ‘‘(i) the cost of components and sub17 components produced in the United 

18 States— 

19 ‘‘(I) for fiscal years 2016 and 

20 2017, is more than 60 percent of the 

21 cost of all components of the rolling 

22 stock; 

23 ‘‘(II) for fiscal years 2018 and 

24 2019, is more than 65 percent of the 
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† HR 22 EAS 

1 cost of all components of the rolling 

2 stock; and 

3 ‘‘(III) for fiscal year 2020 and 

4 each fiscal year thereafter, is more 

5 than 70 percent of the cost of all com6 ponents of the rolling stock; and 

7 ‘‘(ii) final assembly of the rolling stock 

8 has occurred in the United States; or’’; 

9 (B) by redesignating paragraphs (5) 

10 through (9) as paragraphs (7) through (11), re11 spectively; 

12 (C) by inserting after paragraph (4) the fol13 lowing: 

14 ‘‘(5) ROLLING STOCK FRAMES OR CAR SHELLS.— 

15 In carrying out paragraph (2)(C) in the case of a 

16 rolling stock procurement receiving assistance under 

17 this chapter in which the average cost of a rolling 

18 stock vehicle in the procurement is more than 

19 $300,000, if rolling stock frames or car shells are not 

20 produced in the United States, the Secretary shall in21 clude in the calculation of the domestic content of the 

22 rolling stock the cost of steel or iron used in the roll23 ing stock frames or car shells if— 

24 ‘‘(A) all manufacturing processes for the 

25 steel or iron occur in the United States; and 
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† HR 22 EAS 

1 ‘‘(B) the amount of steel or iron used in the 

2 rolling stock frames or car shells is significant. 

3 ‘‘(6) CERTIFICATION OF DOMESTIC SUPPLY AND

4 DISCLOSURE.— 

5 ‘‘(A) CERTIFICATION OF DOMESTIC SUP6 PLY.—If the Secretary denies an application for 

7 a waiver under paragraph (2), the Secretary 

8 shall provide to the applicant a written certifi9 cation that— 

10 ‘‘(i) the steel, iron, or manufactured 

11 goods, as applicable, (referred to in this sub12 paragraph as the ‘item’) is produced in the 

13 United States in a sufficient and reason14 ably available amount; 

15 ‘‘(ii) the item produced in the United 

16 States is of a satisfactory quality; and 

17 ‘‘(iii) includes a list of known manu18 facturers in the United States from which 

19 the item can be obtained. 

20 ‘‘(B) DISCLOSURE.—The Secretary shall 

21 disclose the waiver denial and the written certifi22 cation to the public in an easily identifiable lo23 cation on the website of the Department of 

24 Transportation.’’; 
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† HR 22 EAS 

1 (D) in paragraph (8), as so redesignated, by 

2 striking ‘‘Federal Public Transportation Act of 

3 2012’’ and inserting ‘‘Federal Public Transpor4 tation Act of 2015’’; and 

5 (E) by inserting after paragraph (11), as so 

6 redesignated, the following: 

7 ‘‘(12) PRODUCTION IN UNITED STATES.—For 

8 purposes of this subsection, steel and iron may be con9 sidered produced in the United States if all the man10 ufacturing processes, except metallurgical processes 

11 involving refinement of steel additives, took place in 

12 the United States. 

13 ‘‘(13) DEFINITION OF SMALL PURCHASE.—For 

14 purposes of determining whether a purchase qualifies 

15 for a general public interest waiver under paragraph 

16 (2)(A) of this subsection, including under any regula17 tion promulgated under that paragraph, the term 

18 ‘small purchase’ means a purchase of not more than 

19 $150,000.’’; 

20 (2) in subsection (q)(1), by striking the second 

21 sentence; and 

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

23 ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR LOCAL

24 SHARE.—Notwithstanding any other provision of law, a re25 cipient of assistance under this chapter may use the revenue 
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† HR 22 EAS 

1 generated from value capture financing mechanisms as 

2 local matching funds for capital projects and operating 

3 costs eligible under this chapter. 

4 ‘‘(t) VALUE ENGINEERING.—Nothing in this chapter 

5 shall be construed to authorize the Secretary to mandate 

6 the use of value engineering in projects funded under this 

7 chapter.’’. 

8 SEC. 21014. PROJECT MANAGEMENT OVERSIGHT. 

9 Section 5327 of title 49, United States Code, is amend10 ed— 

11 (1) in subsection (c), by striking ‘‘section 

12 5338(i)’’ and inserting ‘‘section 5338(h)’’; and 

13 (2) in subsection (d)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘section 5338(i)’’ and 

16 inserting ‘‘section 5338(h)’’; and 

17 (ii) by striking ‘‘and’’ at the end; and 

18 (B) by striking paragraph (2) and inserting 

19 the following: 

20 ‘‘(2) a requirement that oversight— 

21 ‘‘(A) begin during the project development 

22 phase of a project, unless the Secretary finds it 

23 more appropriate to begin the oversight during 

24 another phase of the project, to maximize the 
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† HR 22 EAS 

1 transportation benefits and cost savings associ2 ated with project management oversight; and 

3 ‘‘(B) be limited to quarterly reviews of com4 pliance by the recipient with the project manage5 ment plan approved under subsection (b) unless 

6 the Secretary finds that the recipient requires 

7 more frequent oversight because the recipient has, 

8 for 2 consecutive quarterly reviews, failed to meet 

9 the requirements of such plan and the project is 

10 at risk of going over budget or becoming behind 

11 schedule; and 

12 ‘‘(3) a process for recipients that the Secretary 

13 has found require more frequent oversight to return to 

14 quarterly reviews for purposes of paragraph (2)(B).’’. 

15 SEC. 21015. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

16 (a) IN GENERAL.—Section 5329 of title 49, United 

17 States Code, is amended— 

18 (1) in subsection (b)(2)— 

19 (A) in subparagraph (C), by striking ‘‘and’’ 

20 at the end; 

21 (B) by redesignating subparagraph (D) as 

22 subparagraph (E); and 

23 (C) by inserting after subparagraph (C) the 

24 following: 
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† HR 22 EAS 

1 ‘‘(D) minimum safety standards to ensure 

2 the safe operation of public transportation sys3 tems that— 

4 ‘‘(i) are not related to performance 

5 standards for public transportation vehicles 

6 developed under subparagraph (C); and 

7 ‘‘(ii) to the extent practicable, take into 

8 consideration— 

9 ‘‘(I) relevant recommendations of 

10 the National Transportation Safety 

11 Board; 

12 ‘‘(II) best practices standards de13 veloped by the public transportation 

14 industry; 

15 ‘‘(III) any minimum safety 

16 standards or performance criteria 

17 being implemented across the public 

18 transportation industry; and 

19 ‘‘(IV) any additional information 

20 that the Secretary determines necessary 

21 and appropriate; and’’; 

22 (2) in subsection (f)(2), by inserting after ‘‘pub23 lic transportation system of a recipient’’ the fol24 lowing: ‘‘or the public transportation industry gen25 erally’’; and 
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† HR 22 EAS 

1 (3) in subsection (g)(1), in the matter preceding 

2 subparagraph (A), by striking ‘‘an eligible State, as 

3 defined in subsection (e),’’ and inserting ‘‘a recipi4 ent’’. 

5 (b) REVIEW OF PUBLIC TRANSPORTATION SAFETY

6 STANDARDS.— 

7 (1) REVIEW REQUIRED.— 

8 (A) IN GENERAL.—Not later than 90 days 

9 after the date of enactment of this Act, the Sec10 retary shall commence a review of the safety 

11 standards and protocols used in rail fixed guide12 way public transportation systems in the United 

13 States that examines the efficacy of existing 

14 standards and protocols. 

15 (B) CONTENTS OF REVIEW.—In conducting 

16 the review under this paragraph, the Secretary 

17 shall review— 

18 (i) minimum safety performance 

19 standards developed by the public transpor20 tation industry; 

21 (ii) safety performance standards, 

22 practices, or protocols in use by rail fixed 

23 guideway public transportation systems, in24 cluding— 
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† HR 22 EAS 

1 (I) written emergency plans and 

2 procedures for passenger evacuations; 

3 (II) training programs to ensure 

4 public transportation personnel com5 pliance and readiness in emergency 

6 situations; 

7 (III) coordination plans with 

8 local emergency responders having ju9 risdiction over a rail fixed guideway 

10 public transportation system, includ11 ing— 

12 (aa) emergency preparedness 

13 training, drills, and familiariza14 tion programs for those first re15 sponders; and 

16 (bb) the scheduling of regular 

17 field exercises to ensure appro18 priate response and effective radio 

19 and public safety communica20 tions; 

21 (IV) maintenance, testing, and in22 spection programs to ensure the proper 

23 functioning of— 

24 (aa) tunnel, station, and ve25 hicle ventilation systems; 
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† HR 22 EAS 

1 (bb) signal and train control 

2 systems, track, mechanical sys3 tems, and other infrastructure; 

4 and 

5 (cc) other systems as nec6 essary; 

7 (V) certification requirements for 

8 train and bus operators and control 

9 center employees; 

10 (VI) consensus-based standards, 

11 practices, or protocols available to the 

12 public transportation industry; and 

13 (VII) any other standards, prac14 tices, or protocols the Secretary deter15 mines appropriate; and 

16 (iii) vehicle safety standards, practices, 

17 or protocols in use by public transportation 

18 systems, concerning— 

19 (I) bus design and the workstation 

20 of bus operators, as it relates to— 

21 (aa) the reduction of blind22 spots that contribute to accidents 

23 involving pedestrians; and 

24 (bb) protecting bus operators 

25 from the risk of assault; and 
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† HR 22 EAS 

1 (II) scheduling fixed route bus 

2 service with adequate time and access 

3 for operators to use restroom facilities. 

4 (2) EVALUATION.—After conducting the review 

5 under paragraph (1), the Secretary shall, in consulta6 tion with representatives of the public transportation 

7 industry, evaluate the need to establish Federal min8 imum public transportation safety standards, includ9 ing— 

10 (A) standards governing worker safety; 

11 (B) standards for the operation of signals, 

12 track, on-track equipment, mechanical systems, 

13 and control systems; and 

14 (C) any other areas the Secretary, in con15 sultation with the public transportation indus16 try, determines require further evaluation. 

17 (3) REPORT.—Upon completing the review and 

18 evaluation required under paragraphs (1) and (2), re19 spectively, and not later than 1 year after the date of 

20 enactment of this Act, the Secretary shall submit to 

21 the Committee on Banking, Housing, and Urban Af22 fairs of the Senate and the Committee on Transpor23 tation and Infrastructure of the of House of Rep24 resentatives a report that includes— 
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1 (A) findings based on the review conducted 

2 under paragraph (1); 

3 (B) the outcome of the evaluation conducted 

4 under paragraph (2); 

5 (C) a comprehensive set of recommendations 

6 to improve the safety of the public transportation 

7 industry, including recommendations for legisla8 tive changes where applicable; and 

9 (D) actions that the Secretary will take to 

10 address the recommendations provided under 

11 subparagraph (C), including, if necessary, the es12 tablishment of Federal minimum public trans13 portation safety standards. 

14 SEC. 21016. STATE OF GOOD REPAIR GRANTS. 

15 Section 5337 of title 49, United States Code, is amend16 ed— 

17 (1) in subsection (c)— 

18 (A) by striking paragraph (1) and inserting 

19 the following: 

20 ‘‘(1) IN GENERAL.—Of the amount authorized or 

21 made available for a fiscal year under section 

22 5338(a)(2)(L)— 

23 ‘‘(A) $100,000,000 shall be made available 

24 in accordance with this subsection; and 
330 

† HR 22 EAS 

1 ‘‘(B) 97.15 percent of the remainder shall be 

2 apportioned to recipients in accordance with this 

3 subsection.’’; and 

4 (B) in paragraph (2)(B), by inserting ‘‘the 

5 provisions of’’ before ‘‘section 5336(b)(1)’’; 

6 (2) in subsection (d)— 

7 (A) in paragraph (2), by striking ‘‘section 

8 5338(a)(2)(I), 2.85 percent’’ and inserting ‘‘sec9 tion 5338(a)(2)(L), the remainder after the ap10 plication of subsection (c)(1)’’; and 

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

12 ‘‘(5) USE OF FUNDS.—Amounts apportioned 

13 under this subsection may be used for any project 

14 that is an eligible project under subsection (b)(1).’’; 

15 and 

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

17 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

18 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

19 project under this section shall be for 80 percent of the 

20 net project cost of the project. The recipient may pro21 vide additional local matching amounts. 

22 ‘‘(2) REMAINING COSTS.—The remainder of the 

23 net project costs shall be provided from an undistrib24 uted cash surplus, a replacement or depreciation cash 

25 fund or reserve, or new capital.’’. 
331 

† HR 22 EAS 

1 SEC. 21017. AUTHORIZATIONS. 

2 Section 5338 of title 49, United States Code, as amend3 ed by division G, is amended to read as follows: 

4 ‘‘§ 5338. Authorizations 

5 ‘‘(a) GRANTS.— 

6 ‘‘(1) IN GENERAL.—There shall be available from 

7 the Mass Transit Account of the Highway Trust Fund 

8 to carry out sections 5305, 5307, 5310, 5311, 5312, 

9 5314, 5318, 5322(b), 5322(d), 5335, 5337, 5339, and 

10 5340, section 20005(b) of the Federal Public Trans11 portation Act of 2012, and section 21007(b) of the 

12 Federal Public Transportation Act of 2015— 

13 ‘‘(A) $9,184,747,400 for fiscal year 2016; 

14 ‘‘(B) $9,380,039,349 for fiscal year 2017; 

15 ‘‘(C) $9,685,745,744 for fiscal year 2018; 

16 ‘‘(D) $10,101,051,238 for fiscal year 2019; 

17 ‘‘(E) $10,351,763,806 for fiscal year 2020; 

18 and 

19 ‘‘(F) $10,609,442,553 for fiscal year 2021. 

20 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

21 made available under paragraph (1)— 

22 ‘‘(A) $132,020,000 for fiscal year 2016, 

23 $134,934,342 for fiscal year 2017, $138,004,098 

24 for fiscal year 2018, $141,328,616 for fiscal year 

25 2019, $144,893,631 for fiscal year 2020, and 
332 

† HR 22 EAS 

1 $148,557,701 for fiscal year 2021 shall be avail2 able to carry out section 5305; 

3 ‘‘(B) $10,000,000 for each of fiscal years 

4 2016 through 2021 shall be available to carry 

5 out section 20005(b) of the Federal Public Trans6 portation Act of 2012; 

7 ‘‘(C) $4,538,905,700 for fiscal year 2016, 

8 $4,639,102,043 for fiscal year 2017, 

9 $4,794,641,615 for fiscal year 2018, 

10 $4,975,879,158 for fiscal year 2019, 

11 $5,101,395,710 for fiscal year 2020, and 

12 $5,230,399,804 for fiscal year 2021 shall be allo13 cated in accordance with section 5336 to provide 

14 financial assistance for urbanized areas under 

15 section 5307; 

16 ‘‘(D) $263,466,000 for fiscal year 2016, 

17 $269,282,012 for fiscal year 2017, $275,408,178 

18 for fiscal year 2018, $288,264,292 for fiscal year 

19 2019, $295,535,759 for fiscal year 2020, and 

20 $303,009,267 for fiscal year 2021 shall be avail21 able to provide financial assistance for services 

22 for the enhanced mobility of seniors and individ23 uals with disabilities under section 5310; 

24 ‘‘(E) $2,000,000 for each of fiscal years 

25 2016 through 2021 shall be available for the pilot 
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1 program for innovative coordinated access and 

2 mobility under section 21007(b) of the Federal 

3 Public Transportation Act of 2015; 

4 ‘‘(F) $619,956,000 for fiscal year 2016, 

5 $633,641,529 for fiscal year 2017, $648,056,873 

6 for fiscal year 2018, $678,308,311 for fiscal year 

7 2019, $695,418,638 for fiscal year 2020, and 

8 $713,004,385 for fiscal year 2021 shall be avail9 able to provide financial assistance for rural 

10 areas under section 5311, of which not less 

11 than— 

12 ‘‘(i) $35,000,000 for each of fiscal 

13 years 2016 through 2021 shall be available 

14 to carry out section 5311(c)(1); and 

15 ‘‘(ii) $20,000,000 for each of fiscal 

16 years 2016 through 2021 shall be available 

17 to carry out section 5311(c)(2); 

18 ‘‘(G) $30,000,000 for each of fiscal years 

19 2016 through 2021 shall be available to carry 

20 out section 5312, of which— 

21 ‘‘(i) $5,000,000 for each of fiscal years 

22 2016 through 2021 shall be available to 

23 carry out section 5312(e); and 
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1 ‘‘(ii) $5,000,000 for each of fiscal years 

2 2016 through 2021 shall be available to 

3 carry out section 5312(h); 

4 ‘‘(H) $4,000,000 for each of fiscal years 

5 2016 through 2021 shall be available to carry 

6 out section 5314; 

7 ‘‘(I) $3,000,000 for each of fiscal years 2016 

8 through 2021 shall be available for bus testing 

9 under section 5318; 

10 ‘‘(J) $5,000,000 for each of fiscal years 2016 

11 through 2021 shall be available for the national 

12 transit institute under section 5322(d); 

13 ‘‘(K) $4,000,000 for each of fiscal years 

14 2016 through 2021 shall be available to carry 

15 out section 5335; 

16 ‘‘(L) $2,428,342,500 for fiscal year 2016, 

17 $2,479,740,661 for fiscal year 2017, 

18 $2,533,879,761 for fiscal year 2018, 

19 $2,592,511,924 for fiscal year 2019, 

20 $2,655,385,537 for fiscal year 2020, and 

21 $2,720,006,127 for fiscal year 2021 shall be 

22 available to carry out section 5337; 

23 ‘‘(M) $430,794,600 for fiscal year 2016, 

24 $440,304,391 for fiscal year 2017, $495,321,316 

25 for fiscal year 2018, $585,851,498 for fiscal year 
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† HR 22 EAS 

1 2019, $605,422,352 for fiscal year 2020, and 

2 $625,536,993 for fiscal year 2021 shall be avail3 able for the bus and bus facilities program under 

4 section 5339(a); 

5 ‘‘(N) $180,000,000 for each of fiscal years 

6 2016 and 2017, $185,000,000 for fiscal year 

7 2018, and $190,000,000 for each of fiscal years 

8 2019 through 2021 shall be available for bus and 

9 bus facilities competitive grants under section 

10 5339(b) and no or low emission grants under 

11 section 5339(c), of which $55,000,000 for each of 

12 fiscal years 2016 through 2021 shall be available 

13 to carry out section 5339(c); 

14 ‘‘(O) $533,262,600 for fiscal year 2016, 

15 $545,034,372 for fiscal year 2017, $557,433,904 

16 for fiscal year 2018, $586,907,438 for fiscal year 

17 2019, $601,712,178 for fiscal year 2020, and 

18 $616,928,276 for fiscal year 2021 shall be allo19 cated in accordance with section 5340 to provide 

20 financial assistance for urbanized areas under 

21 section 5307 and rural areas under section 5311; 

22 and 

23 ‘‘(P) $4,000,000 for each of fiscal years 

24 2019 through 2021 shall be available to carry 

25 out section 5322(b). 
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1 ‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRATION, 

2 AND DEPLOYMENT PROGRAM.—There are authorized to be 

3 appropriated to carry out section 5312, other than sub4 sections (e) and (h) of that section, $20,000,000 for each 

5 of fiscal years 2016 through 2021. 

6 ‘‘(c) TECHNICAL ASSISTANCE AND STANDARDS DEVEL7 OPMENT.—There are authorized to be appropriated to carry 

8 out section 5314, $7,000,000 for each of fiscal years 2016 

9 through 2021. 

10 ‘‘(d) HUMAN RESOURCES AND TRAINING.—There are 

11 authorized to be appropriated to carry out subsections (a), 

12 (b), (c), and (e) of section 5322, $5,000,000 for each of fiscal 

13 years 2016 through 2021. 

14 ‘‘(e) EMERGENCY RELIEF PROGRAM.—There are au15 thorized to be appropriated such sums as are necessary to 

16 carry out section 5324. 

17 ‘‘(f) CAPITAL INVESTMENT GRANTS.—There are au18 thorized to be appropriated to carry out section 5309 of this 

19 title and section 21006(b) of the Federal Public Transpor20 tation Act of 2015, $2,301,785,760 for fiscal year 2016, 

21 $2,352,597,681 for fiscal year 2017, $2,406,119,278 for fis22 cal year 2018, $2,464,082,691 for fiscal year 2019, 

23 $2,526,239,177 for fiscal year 2020, and $2,590,122,713 for 

24 fiscal year 2021, of which $276,214,291 for fiscal year 2016, 

25 $282,311,722 for fiscal year 2017, $288,734,313 for fiscal 
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† HR 22 EAS 

1 year 2018, $295,689,923 for fiscal year 2019, $303,148,701 

2 for fiscal year 2020, and $310,814,726 for fiscal year 2021 

3 shall be available to carry out section 21006(b) of the Fed4 eral Public Transportation Act of 2015. 

5 ‘‘(g) ADMINISTRATION.— 

6 ‘‘(1) IN GENERAL.—There are authorized to be 

7 appropriated to carry out section 5334, $115,016,543 

8 for fiscal year 2016, $117,555,533 for fiscal year 

9 2017, $120,229,921 for fiscal year 2018, $123,126,260 

10 for fiscal year 2019, $126,232,120 for fiscal year 

11 2020, and $129,424,278 for fiscal year 2021. 

12 ‘‘(2) SECTION 5329.—Of the amounts authorized 

13 to be appropriated under paragraph (1), not less than 

14 $8,000,000 for each of fiscal years 2016 through 2021 

15 shall be available to carry out section 5329. 

16 ‘‘(3) SECTION 5326.—Of the amounts made avail17 able under paragraph (2), not less than $2,000,000 

18 for each of fiscal years 2016 through 2021 shall be 

19 available to carry out section 5326. 

20 ‘‘(h) OVERSIGHT.— 

21 ‘‘(1) IN GENERAL.—Of the amounts made avail22 able to carry out this chapter for a fiscal year, the 

23 Secretary may use not more than the following 

24 amounts for the activities described in paragraph (2): 
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1 ‘‘(A) 0.5 percent of amounts made available 

2 to carry out section 5305. 

3 ‘‘(B) 0.75 percent of amounts made avail4 able to carry out section 5307. 

5 ‘‘(C) 1 percent of amounts made available 

6 to carry out section 5309. 

7 ‘‘(D) 1 percent of amounts made available 

8 to carry out section 601 of the Passenger Rail 

9 Investment and Improvement Act of 2008 (Pub10 lic Law 110–432; 126 Stat. 4968). 

11 ‘‘(E) 0.5 percent of amounts made available 

12 to carry out section 5310. 

13 ‘‘(F) 0.5 percent of amounts made available 

14 to carry out section 5311. 

15 ‘‘(G) 1 percent of amounts made available 

16 to carry out section 5337, of which not less than 

17 0.25 percent shall be available to carry out sec18 tion 5329. 

19 ‘‘(H) 0.75 percent of amounts made avail20 able to carry out section 5339. 

21 ‘‘(2) ACTIVITIES.—The activities described in 

22 this paragraph are as follows: 

23 ‘‘(A) Activities to oversee the construction of 

24 a major capital project. 
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† HR 22 EAS 

1 ‘‘(B) Activities to review and audit the safe2 ty and security, procurement, management, and 

3 financial compliance of a recipient or sub4 recipient of funds under this chapter. 

5 ‘‘(C) Activities to provide technical assist6 ance generally, and to provide technical assist7 ance to correct deficiencies identified in compli8 ance reviews and audits carried out under this 

9 section. 

10 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov11 ernment shall pay the entire cost of carrying out a 

12 contract under this subsection. 

13 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 

14 made available under paragraph (1)(C) shall be made 

15 available to the Secretary before allocating the funds 

16 appropriated to carry out any project under a full 

17 funding grant agreement. 

18 ‘‘(i) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

19 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

20 FUND.—A grant or contract that is approved by the 

21 Secretary and financed with amounts made available 

22 from the Mass Transit Account of the Highway Trust 

23 Fund pursuant to this section is a contractual obliga24 tion of the Government to pay the Government share 

25 of the cost of the project. 
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† HR 22 EAS 

1 ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 

2 A grant or contract that is approved by the Secretary 

3 and financed with amounts appropriated in advance 

4 from the General Fund of the Treasury pursuant to 

5 this section is a contractual obligation of the Govern6 ment to pay the Government share of the cost of the 

7 project only to the extent that amounts are appro8 priated for such purpose by an Act of Congress. 

9 ‘‘(j) AVAILABILITY OF AMOUNTS.—Amounts made 

10 available by or appropriated under this section shall re11 main available until expended.’’. 

12 SEC. 21018. GRANTS FOR BUS AND BUS FACILITIES. 

13 (a) IN GENERAL.—Chapter 53 of title 49, United 

14 States Code, as amended by division G, is amended by 

15 striking section 5339 and inserting the following: 

16 ‘‘§ 5339. Grants for bus and bus facilities 

17 ‘‘(a) FORMULA GRANTS.— 

18 ‘‘(1) DEFINITIONS.—In this subsection— 

19 ‘‘(A) the term ‘low or no emission vehicle’ 

20 has the meaning given that term in subsection 

21 (c)(1); 

22 ‘‘(B) the term ‘State’ means a State of the 

23 United States; and 

24 ‘‘(C) the term ‘territory’ means the District 

25 of Columbia, Puerto Rico, the Northern Mariana 
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† HR 22 EAS 

1 Islands, Guam, American Samoa, and the 

2 United States Virgin Islands. 

3 ‘‘(2) GENERAL AUTHORITY.—The Secretary may 

4 make grants under this subsection to assist eligible re5 cipients described in paragraph (4)(A) in financing 

6 capital projects— 

7 ‘‘(A) to replace, rehabilitate, and purchase 

8 buses and related equipment, including techno9 logical changes or innovations to modify low or 

10 no emissions vehicles or facilities; and 

11 ‘‘(B) to construct bus-related facilities. 

12 ‘‘(3) GRANT REQUIREMENTS.—The requirements 

13 of— 

14 ‘‘(A) section 5307 shall apply to recipients 

15 of grants made in urbanized areas under this 

16 subsection; and 

17 ‘‘(B) section 5311 shall apply to recipients 

18 of grants made in rural areas under this sub19 section. 

20 ‘‘(4) ELIGIBLE RECIPIENTS AND SUBRECIPI21 ENTS.— 

22 ‘‘(A) RECIPIENTS.—Eligible recipients 

23 under this subsection are— 

24 ‘‘(i) designated recipients that allocate 

25 funds to fixed route bus operators; or 
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† HR 22 EAS 

1 ‘‘(ii) State or local governmental enti2 ties that operate fixed route bus service. 

3 ‘‘(B) SUBRECIPIENTS.—A recipient that re4 ceives a grant under this subsection may allocate 

5 amounts of the grant to subrecipients that are 

6 public agencies or private nonprofit organiza7 tions engaged in public transportation. 

8 ‘‘(5) DISTRIBUTION OF GRANT FUNDS.—Funds 

9 allocated under section 5338(a)(2)(M) shall be distrib10 uted as follows: 

11 ‘‘(A) NATIONAL DISTRIBUTION.— 

12 $103,000,000 for each of fiscal years 2016 

13 through 2021 shall be allocated to all States and 

14 territories, with each State receiving $2,000,000 

15 for each such fiscal year and each territory re16 ceiving $500,000 for each such fiscal year. 

17 ‘‘(B) DISTRIBUTION USING POPULATION

18 AND SERVICE FACTORS.—The remainder of the 

19 funds not otherwise distributed under subpara20 graph (A) shall be allocated pursuant to the for21 mula set forth in section 5336 other than sub22 section (b). 

23 ‘‘(6) TRANSFERS OF APPORTIONMENTS.— 

24 ‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL

25 DISTRIBUTION FUNDS.—The Governor of a State 
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† HR 22 EAS 

1 may transfer any part of the State’s apportion2 ment under paragraph (5)(A) to supplement 

3 amounts apportioned to the State under section 

4 5311(c) of this title or amounts apportioned to 

5 urbanized areas under subsections (a) and (c) of 

6 section 5336 of this title. 

7 ‘‘(B) TRANSFER FLEXIBILITY FOR POPU8 LATION AND SERVICE FACTORS FUNDS.—The 

9 Governor of a State may expend in an urbanized 

10 area with a population of less than 200,000 any 

11 amounts apportioned under paragraph (5)(B) 

12 that are not allocated to designated recipients in 

13 urbanized areas with a population of 200,000 or 

14 more. 

15 ‘‘(7) GOVERNMENT SHARE OF COSTS.— 

16 ‘‘(A) CAPITAL PROJECTS.—A grant for a 

17 capital project under this subsection shall be for 

18 80 percent of the net capital costs of the project. 

19 A recipient of a grant under this subsection may 

20 provide additional local matching amounts. 

21 ‘‘(B) REMAINING COSTS.—The remainder of 

22 the net project cost shall be provided— 

23 ‘‘(i) in cash from non-Government 

24 sources other than revenues from providing 

25 public transportation services; 
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† HR 22 EAS 

1 ‘‘(ii) from revenues derived from the 

2 sale of advertising and concessions; 

3 ‘‘(iii) from an undistributed cash sur4 plus, a replacement or depreciation cash 

5 fund or reserve, or new capital; 

6 ‘‘(iv) from amounts received under a 

7 service agreement with a State or local so8 cial service agency or private social service 

9 organization; or 

10 ‘‘(v) from revenues generated from 

11 value capture financing mechanisms. 

12 ‘‘(8) PERIOD OF AVAILABILITY TO RECIPIENTS.— 

13 Amounts made available under this subsection may be 

14 obligated by a recipient for 3 fiscal years after the fis15 cal year in which the amount is apportioned. Not 

16 later than 30 days after the end of the 3-fiscal-year 

17 period described in the preceding sentence, any 

18 amount that is not obligated on the last day of that 

19 period shall be added to the amount that may be ap20 portioned under this subsection in the next fiscal 

21 year. 

22 ‘‘(b) BUS AND BUS FACILITIES COMPETITIVE

23 GRANTS.— 

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

25 grants under this subsection to designated recipients 
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† HR 22 EAS 

1 to assist in the financing of bus and bus facilities 

2 capital projects, including— 

3 ‘‘(A) replacing, rehabilitating, purchasing, 

4 or leasing buses or related equipment; and 

5 ‘‘(B) rehabilitating, purchasing, con6 structing, or leasing bus-related facilities. 

7 ‘‘(2) GRANT CONSIDERATIONS.—In making 

8 grants under this subsection, the Secretary shall con9 sider the age and condition of buses, bus fleets, related 

10 equipment, and bus-related facilities. 

11 ‘‘(3) STATEWIDE APPLICATIONS.—A State may 

12 submit a statewide application on behalf of a public 

13 agency or private nonprofit organization engaged in 

14 public transportation in rural areas or other areas 

15 for which the State allocates funds. The submission of 

16 a statewide application shall not preclude the submis17 sion and consideration of any application under this 

18 subsection from other eligible recipients in an urban19 ized area in a State. 

20 ‘‘(4) REQUIREMENTS FOR THE SECRETARY.—The 

21 Secretary shall— 

22 ‘‘(A) disclose all metrics and evaluation 

23 procedures to be used in considering grant appli24 cations under this subsection upon issuance of 
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† HR 22 EAS 

1 the notice of funding availability in the Federal 

2 Register; and 

3 ‘‘(B) publish a summary of final scores for 

4 selected projects, metrics, and other evaluations 

5 used in awarding grants under this subsection in 

6 the Federal Register. 

7 ‘‘(5) RURAL PROJECTS.—Not less 10 percent of 

8 the amounts made available under this subsection in 

9 a fiscal year shall be distributed to projects in rural 

10 areas. 

11 ‘‘(6) GRANT REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—A grant under this sub13 section shall be subject to the requirements of— 

14 ‘‘(i) section 5307 for recipients of 

15 grants made in urbanized areas; and 

16 ‘‘(ii) section 5311 for recipients of 

17 grants made in rural areas. 

18 ‘‘(B) GOVERNMENT SHARE OF COSTS.—The 

19 Government share of the cost of an eligible 

20 project carried out under this subsection shall 

21 not exceed 80 percent. 

22 ‘‘(7) AVAILABILITY OF FUNDS.—Any amounts 

23 made available to carry out this subsection— 
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† HR 22 EAS 

1 ‘‘(A) shall remain available for 2 fiscal 

2 years after the fiscal year for which the amount 

3 is made available; and 

4 ‘‘(B) that remain unobligated at the end of 

5 the period described in subparagraph (A) shall 

6 be added to the amount made available to an eli7 gible project in the following fiscal year. 

8 ‘‘(8) LIMITATION.—Of the amounts made avail9 able under this subsection, not more than 15 percent 

10 may be awarded to a single grantee. 

11 ‘‘(c) LOW OR NO EMISSION GRANTS.— 

12 ‘‘(1) DEFINITIONS.—In this subsection— 

13 ‘‘(A) the term ‘direct carbon emissions’ 

14 means the quantity of direct greenhouse gas 

15 emissions from a vehicle, as determined by the 

16 Administrator of the Environmental Protection 

17 Agency; 

18 ‘‘(B) the term ‘eligible project’ means a 

19 project or program of projects in an eligible area 

20 for— 

21 ‘‘(i) acquiring low or no emission vehi22 cles; 

23 ‘‘(ii) leasing low or no emission vehi24 cles; 
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† HR 22 EAS 

1 ‘‘(iii) acquiring low or no emission ve2 hicles with a leased power source; 

3 ‘‘(iv) constructing facilities and related 

4 equipment for low or no emission vehicles; 

5 ‘‘(v) leasing facilities and related 

6 equipment for low or no emission vehicles; 

7 ‘‘(vi) constructing new public transpor8 tation facilities to accommodate low or no 

9 emission vehicles; or 

10 ‘‘(vii) rehabilitating or improving ex11 isting public transportation facilities to ac12 commodate low or no emission vehicles; 

13 ‘‘(C) the term ‘leased power source’ means a 

14 removable power source, as defined in paragraph 

15 (4)(A) of section 5316(c), that is made available 

16 through a capital lease under that section; 

17 ‘‘(D) the term ‘low or no emission bus’ 

18 means a bus that is a low or no emission vehicle; 

19 ‘‘(E) the term ‘low or no emission vehicle’ 

20 means— 

21 ‘‘(i) a passenger vehicle used to provide 

22 public transportation that the Secretary de23 termines sufficiently reduces energy con24 sumption or harmful emissions, including 
349 

† HR 22 EAS 

1 direct carbon emissions, when compared to 

2 a comparable standard vehicle; or 

3 ‘‘(ii) a zero emission vehicle used to 

4 provide public transportation; 

5 ‘‘(F) the term ‘recipient’ means a des6 ignated recipient, a local governmental author7 ity, or a State that receives a grant under this 

8 subsection for an eligible project; and 

9 ‘‘(G) the term ‘zero emission vehicle’ means 

10 a low or no emission vehicle that produces no 

11 carbon or particulate matter. 

12 ‘‘(2) GENERAL AUTHORITY.—The Secretary may 

13 make grants to recipients to finance eligible projects 

14 under this subsection. 

15 ‘‘(3) GRANT REQUIREMENTS.— 

16 ‘‘(A) IN GENERAL.—A grant under this sub17 section shall be subject to the requirements of sec18 tion 5307. 

19 ‘‘(B) GOVERNMENT SHARE OF COSTS FOR

20 CERTAIN PROJECTS.—Section 5323(i) applies to 

21 eligible projects carried out under this subsection, 

22 unless the recipient requests a lower grant per23 centage. 

24 ‘‘(C) COMBINATION OF FUNDING

25 SOURCES.— 
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† HR 22 EAS 

1 ‘‘(i) COMBINATION PERMITTED.—An 

2 eligible project carried out under this sub3 section may receive funding under section 

4 5307 or any other provision of law. 

5 ‘‘(ii) GOVERNMENT SHARE.—Nothing 

6 in this subparagraph shall be construed to 

7 alter the Government share required under 

8 paragraph (7), section 5307, or any other 

9 provision of law. 

10 ‘‘(4) COMPETITIVE PROCESS.—The Secretary 

11 shall— 

12 ‘‘(A) not later than 30 days after the date 

13 on which amounts are made available for obliga14 tion under this subsection for a full fiscal year, 

15 solicit grant applications for eligible projects on 

16 a competitive basis; and 

17 ‘‘(B) award a grant under this subsection 

18 based on the solicitation under subparagraph (A) 

19 not later than the earlier of— 

20 ‘‘(i) 75 days after the date on which 

21 the solicitation expires; or 

22 ‘‘(ii) the end of the fiscal year in which 

23 the Secretary solicited the grant applica24 tions. 
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† HR 22 EAS 

1 ‘‘(5) CONSIDERATION.—In awarding grants 

2 under this subsection, the Secretary shall only con3 sider eligible projects relating to the acquisition or 

4 leasing of low or no emission buses that— 

5 ‘‘(A) make greater reductions in energy con6 sumption and harmful emissions, including di7 rect carbon emissions, than comparable standard 

8 buses or other low or no emission buses; and 

9 ‘‘(B) are part of a long-term integrated fleet 

10 management plan for the recipient. 

11 ‘‘(6) AVAILABILITY OF FUNDS.—Any amounts 

12 made available to carry out this subsection— 

13 ‘‘(A) shall remain available to an eligible 

14 project for 2 fiscal years after the fiscal year for 

15 which the amount is made available; and 

16 ‘‘(B) that remain unobligated at the end of 

17 the period described in subparagraph (A) shall 

18 be added to the amount made available to an eli19 gible project in the following fiscal year. 

20 ‘‘(7) GOVERNMENT SHARE OF COSTS.— 

21 ‘‘(A) IN GENERAL.—The Federal share of 

22 the cost of an eligible project carried out under 

23 this subsection shall not exceed 80 percent. 

24 ‘‘(B) NON-FEDERAL SHARE.—The non-Fed25 eral share of the cost of an eligible project car-
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† HR 22 EAS 

1 ried out under this subsection may be derived 

2 from in-kind contributions.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

4 table of sections for chapter 53 of title 49, United States 

5 Code, is amended by striking the item relating to section 

6 5339 and inserting the following: 

‘‘5339. Grants for bus and bus facilities.’’. 

7 SEC. 21019. SALARY OF FEDERAL TRANSIT ADMINISTRATOR. 

8 (a) IN GENERAL.—Section 5313 of title 5, United 

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

10 ‘‘Federal Transit Administrator.’’. 

11 (b) CONFORMING AMENDMENT.—Section 5314 of title 

12 5, United States Code, is amended by striking ‘‘Federal 

13 Transit Administrator.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by this 

15 section shall take effect on the first day of the first pay pe16 riod beginning on or after the first day of the first fiscal 

17 year beginning after the date of enactment of this Act. 

18 SEC. 21020. TECHNICAL AND CONFORMING AMENDMENTS. 

19 (a) CHAPTER 53 OF TITLE 49, UNITED STATES

20 CODE.— 

21 (1) IN GENERAL.—Chapter 53 of title 49, United 

22 States Code, is amended— 

23 (A) by striking section 5319; 

24 (B) in section 5325— 
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† HR 22 EAS 

1 (i) in subsection (e)(2), by striking ‘‘at 

2 least two’’; and 

3 (ii) in subsection (h), by striking ‘‘Fed4 eral Public Transportation Act of 2012’’ 

5 and inserting ‘‘Federal Public Transpor6 tation Act of 2015’’; 

7 (C) in section 5336— 

8 (i) in subsection (a), by striking ‘‘sub9 section (h)(4)’’ and inserting ‘‘subsection 

10 (h)(5)’’; and 

11 (ii) in subsection (h), as amended by 

12 division G— 

13 (I) by striking paragraph (1) and 

14 inserting the following: 

15 ‘‘(1) $30,000,000 for each fiscal year shall be set 

16 aside to carry out section 5307(h);’’; and 

17 (II) in paragraph (3), by striking 

18 ‘‘1.5 percent’’ and inserting ‘‘2 per19 cent’’; and 

20 (D) in section 5340(b), by striking ‘‘section 

21 5338(b)(2)(M)’’ and inserting ‘‘section 

22 5338(a)(2)(O)’’. 

23 (2) TABLE OF SECTIONS.—The table of sections 

24 for chapter 53 of title 49, United States Code, is 
354 

† HR 22 EAS 

1 amended by striking the item relating to section 5319 

2 and inserting the following: 

‘‘[5319. Repealed.]’’. 

3 (b) CHAPTER 105 OF TITLE 49, UNITED STATES

4 CODE.—Section 10501(c) of title 49, United States Code, 

5 is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (A)(i), by striking 

8 ‘‘section 5302(a)’’ and inserting ‘‘section 5302’’; 

9 and 

10 (B) in subparagraph (B)— 

11 (i) by striking ‘‘mass transportation’’ 

12 and inserting ‘‘public transportation’’; and 

13 (ii) by striking ‘‘section 5302(a)’’ and 

14 inserting ‘‘section 5302’’; and 

15 (2) in paragraph (2)(A), by striking ‘‘mass 

16 transportation’’ and inserting ‘‘public transpor17 tation’’. 

18 DIVISION C—COMPREHENSIVE 

19 TRANSPORTATION AND CON20 SUMER PROTECTION ACT OF 

21 2015 

22 SEC. 31001. SHORT TITLE. 

23 This division may be cited as the ‘‘Comprehensive 

24 Transportation and Consumer Protection Act of 2015.’’ 
355 

† HR 22 EAS 

1 SEC. 31002. REFERENCES TO TITLE 49, UNITED STATES 

2 CODE. 

3 Except as otherwise expressly provided, wherever in 

4 this division an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a section 

7 or other provision of title 49, United States Code. 

8 SEC. 31003. EFFECTIVE DATE. 

9 Subtitle A of title XXXII, sections 33103, 34101(g), 

10 34105, 34106, 34107, 34133, 34141, 34202, 34203, 34204, 

11 34205, 34206, 34207, 34208, 34211, 34212, 34213, 34214, 

12 34215, subtitles C and D of title XXXIV, and title XXXV 

13 take effect on the date of enactment of this Act. 

14 TITLE XXXI—OFFICE OF THE 

15 SECRETARY 

16 Subtitle A—Accelerating Project 

17 Delivery 

18 SEC. 31101. DELEGATION OF AUTHORITY. 

19 (a) IN GENERAL.—Chapter 1 is amended by adding 

20 at the end the following: 

21 ‘‘§ 116. Administrations; acting officers 

22 ‘‘No person designated to serve as the acting head of 

23 an administration in the department of transportation 

24 under section 3345 of title 5 may continue to perform the 

25 functions and duties of the office if the time limitations in 
356 

† HR 22 EAS 

1 section 3346 of that title would prevent the person from con2 tinuing to serve in a formal acting capacity.’’. 

3 (b) CONFORMING AMENDMENT.—The table of contents 

4 for chapter 1 is amended by inserting after the item relating 

5 to section 115 the following: 

‘‘116. Administrations; acting officers.’’. 

6 (c) APPLICATION.—The amendment under subsection 

7 (a) shall apply to any applicable office with a position des8 ignated for a Senate confirmed official. 

9 SEC. 31102. INFRASTRUCTURE PERMITTING IMPROVEMENT 

10 CENTER. 

11 (a) IN GENERAL.—Subchapter I of chapter 3, as 

12 amended by sections 31104 and 31106 of this Act, is further 

13 amended by adding after section 311 the following: 

14 ‘‘§ 312. Interagency Infrastructure Permitting Im15 provement Center 

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

17 of the Secretary an Interagency Infrastructure Permitting 

18 Improvement Center (referred to in this section as the ‘Cen19 ter’). 

20 ‘‘(b) ROLES AND RESPONSIBILITIES.— 

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

22 the chair of the Steering Committee described in 

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

24 member agencies are represented. 
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† HR 22 EAS 

1 ‘‘(2) INFRASTRUCTURE PERMITTING STEERING

2 COMMITTEE.—An Infrastructure Permitting Steering 

3 Committee (referred to in this section as the ‘Steering 

4 Committee’) is established to oversee the work of the 

5 Center. The Steering Committee shall be chaired by 

6 the Federal Chief Performance Officer in consultation 

7 with the Chair of the Council on Environmental 

8 Quality and shall be comprised of Deputy-level rep9 resentatives from the following departments and agen10 cies: 

11 ‘‘(A) The Department of Defense. 

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

13 ‘‘(C) The Department of Agriculture. 

14 ‘‘(D) The Department of Commerce. 

15 ‘‘(E) The Department of Transportation. 

16 ‘‘(F) The Department of Energy. 

17 ‘‘(G) The Department of Homeland Secu18 rity. 

19 ‘‘(H) The Environmental Protection Agen20 cy. 

21 ‘‘(I) The Advisory Council on Historic Pres22 ervation. 

23 ‘‘(J) The Department of the Army. 

24 ‘‘(K) The Department of Housing and 

25 Urban Development. 
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1 ‘‘(L) Other agencies the Chair of the Steer2 ing Committee invites to participate. 

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

4 Chair of the Steering Committee and undertake the 

5 following: 

6 ‘‘(A) Coordinate and support implementa7 tion of priority reform actions for Federal agen8 cy permitting and reviews for areas as defined 

9 and identified by the Steering Committee. 

10 ‘‘(B) Support modernization efforts at Fed11 eral agencies and interagency pilots for innova12 tive approaches to the permitting and review of 

13 infrastructure projects. 

14 ‘‘(C) Provide technical assistance and train15 ing to field and headquarters staff of Federal 

16 agencies on policy changes, innovative ap17 proaches to project delivery, and other topics as 

18 appropriate. 

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

20 for timeliness of permit reviews, permit deci21 sions, and project outcomes. 

22 ‘‘(E) Administer and expand the use of on23 line transparency tools providing for— 

24 ‘‘(i) tracking and reporting of metrics; 
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1 ‘‘(ii) development and posting of sched2 ules for permit reviews and permit deci3 sions; and 

4 ‘‘(iii) sharing of best practices related 

5 to efficient project permitting and reviews. 

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

7 progress toward achieving greater efficiency in 

8 permitting decisions and review of infrastructure 

9 projects and progress toward achieving better 

10 outcomes for communities and the environment. 

11 ‘‘(G) Meet not less frequently than annually 

12 with groups or individuals representing State, 

13 Tribal, and local governments that are engaged 

14 in the infrastructure permitting process. 

15 ‘‘(4) INFRASTRUCTURE SECTORS COVERED.—The 

16 Center shall support process improvements in the per17 mitting and review of infrastructure projects in the 

18 following sectors: 

19 ‘‘(A) Surface transportation. 

20 ‘‘(B) Aviation. 

21 ‘‘(C) Ports and waterways. 

22 ‘‘(D) Water resource projects. 

23 ‘‘(E) Renewable energy generation. 

24 ‘‘(F) Electricity transmission. 

25 ‘‘(G) Broadband. 
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1 ‘‘(H) Pipelines. 

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

3 Steering Committee. 

4 ‘‘(c) PERFORMANCE MEASURES.— 

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

6 the date of enactment of the Comprehensive Transpor7 tation and Consumer Protection Act of 2015, the Sec8 retary, in coordination with the heads of other Fed9 eral agencies on the Steering Committee with respon10 sibility for the review and approval of infrastructure 

11 projects sectors described in subsection (b)(4), shall 

12 evaluate and report on— 

13 ‘‘(A) the progress made toward aligning 

14 Federal reviews of such projects and the improve15 ment of project delivery associated with those 

16 projects; and 

17 ‘‘(B) the effectiveness of the Center in 

18 achieving reduction of permitting time and 

19 project delivery time. 

20 ‘‘(2) PERFORMANCE TARGETS.—Not later than 

21 180 days after the date on which the Secretary of 

22 Transportation establishes performance measures in 

23 accordance with paragraph (1), the Secretary shall es24 tablish performance targets relating to each of the 
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1 measures and standards described in subparagraphs 

2 (A) and (B) of paragraph (1). 

3 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 

4 years after the date of enactment of the Comprehen5 sive Transportation and Consumer Protection Act of 

6 2015 and biennially thereafter, the Secretary shall 

7 submit a report to the Committee on Commerce, 

8 Science, and Transportation of the Senate and the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives that describes— 

11 ‘‘(A) the results of the evaluation conducted 

12 under paragraph (1); and 

13 ‘‘(B) the progress towards achieving the tar14 gets established under paragraph (2). 

15 ‘‘(4) INSPECTOR GENERAL REPORT.—Not later 

16 than 3 years after the date of enactment of the Com17 prehensive Transportation and Consumer Protection 

18 Act of 2015, the Inspector General of the Department 

19 of Transportation shall submit a report to the Com20 mittee on Commerce, Science, and Transportation of 

21 the Senate and the Committee on Transportation and 

22 Infrastructure of the House of Representatives that 

23 describes— 

24 ‘‘(A) the results of the evaluation conducted 

25 under paragraph (1); and 
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1 ‘‘(B) the progress towards achieving the tar2 gets established under paragraph (2).’’. 

3 (b) CONFORMING AMENDMENT.—The table of contents 

4 of chapter 3, as amended by sections 31104 and 31106 of 

5 this Act, is further amended by inserting after the item re6 lating to section 311 the following: 

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

7 SEC. 31103. ACCELERATED DECISION-MAKING IN ENVIRON8 MENTAL REVIEWS. 

9 (a) IN GENERAL.—Subchapter I of chapter 3 is 

10 amended by inserting after section 304 the following: 

11 ‘‘§ 304a. Accelerated decision-making in environ12 mental reviews 

13 ‘‘(a) IN GENERAL.—In preparing a final environ14 mental impact statement under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 

16 Department of Transportation, when acting as lead agency, 

17 modifies the statement in response to comments that are 

18 minor and are confined to factual corrections or expla19 nations of why the comments do not warrant additional 

20 Departmental response, the Department may write on er21 rata sheets attached to the statement instead of rewriting 

22 the draft statement, subject to the condition that the errata 

23 sheets— 

24 ‘‘(1) cite the sources, authorities, or reasons that 

25 support the position of the Department; and 
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1 ‘‘(2) if appropriate, indicate the circumstances 

2 that would trigger Departmental reappraisal or fur3 ther response. 

4 ‘‘(b) INCORPORATION.—To the maximum extent prac5 ticable, the Department shall expeditiously develop a single 

6 document that consists of a final environmental impact 

7 statement and a record of decision, unless— 

8 ‘‘(1) the final environmental impact statement 

9 makes substantial changes to the proposed action that 

10 are relevant to environmental or safety concerns; or 

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

12 information relevant to environmental concerns and 

13 that bear on the proposed action or the impacts of the 

14 proposed action.’’. 

15 (b) CONFORMING AMENDMENT.—The table of contents 

16 of chapter 3 is amended by inserting after the item relating 

17 to section 304 the following: 

‘‘304a. Accelerated decision-making in environmental reviews.’’. 

18 SEC. 31104. ENVIRONMENTAL REVIEW ALIGNMENT AND RE19 FORM. 

20 (a) IN GENERAL.—Subchapter I of chapter 3 is 

21 amended by inserting after section 309 the following: 

22 ‘‘§ 310. Aligning Federal environmental reviews 

23 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON24 MENTAL REVIEWS.—Not later than 1 year after the date 

25 of enactment of the Comprehensive Transportation and 
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1 Consumer Protection Act of 2015, the Department of Trans2 portation, in coordination with the Steering Committee de3 scribed in section 312 of this title, shall develop a coordi4 nated and concurrent environmental review and permitting 

5 process for transportation projects when initiating an envi6 ronmental impact statement under the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (referred 

8 to in this section as ‘NEPA’). The coordinated and concur9 rent environmental review and permitting process shall— 

10 ‘‘(1) ensure that the Department of Transpor11 tation and Federal agencies of jurisdiction possess 

12 sufficient information early in the review process to 

13 determine a statement of a transportation project’s 

14 purpose and need and range of alternatives for anal15 ysis that the lead agency and agencies of jurisdiction 

16 will rely upon for concurrent environmental reviews 

17 and permitting decisions required for the proposed 

18 project; 

19 ‘‘(2) achieve early concurrence or issue resolution 

20 during the NEPA scoping process on the Department 

21 of Transportation’s statement of a project’s purpose 

22 and need and during development of the environ23 mental impact statement on the range of alternatives 

24 for analysis that the lead agency and agencies of ju25 risdiction will rely upon for concurrent environ-
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† HR 22 EAS 

1 mental reviews and permitting decisions required for 

2 the proposed project absent circumstances that require 

3 reconsideration in order to meet an agency of juris4 diction’s legal obligations; and 

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

6 an expedited manner if circumstances arise that re7 quire a reconsideration of the purpose and need or 

8 range of alternatives considered during any Federal 

9 agency’s environmental or permitting review in order 

10 to meet an agency of jurisdiction’s legal obligations. 

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

12 Transportation and Federal agencies of jurisdiction likely 

13 to have substantive review or approval responsibilities on 

14 transportation projects, not later than 90 days after the 

15 date of enactment of the Comprehensive Transportation and 

16 Consumer Protection Act of 2015, shall jointly develop a 

17 checklist to help project sponsors identify potential natural, 

18 cultural, and historic resources in the area of a proposed 

19 project. The purpose of the checklist is— 

20 ‘‘(1) to identify agencies of jurisdiction and co21 operating agencies, 

22 ‘‘(2) to develop the information needed for the 

23 purpose and need and alternatives for analysis; and 
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1 ‘‘(3) to improve interagency collaboration to help 

2 expedite the permitting process for the lead agency 

3 and Federal agencies of jurisdiction. 

4 ‘‘(c) INTERAGENCY COLLABORATION.—Consistent with 

5 Federal environmental statutes and the priority reform ac6 tions for Federal agency permitting and reviews defined 

7 and identified by the Steering Committee established under 

8 section 312, the Secretary shall facilitate annual inter9 agency collaboration sessions at the appropriate jurisdic10 tional level to coordinate business plans and facilitate co11 ordination of workload planning and workforce manage12 ment. This engagement shall ensure agency staff is fully en13 gaged and utilizing the flexibility of existing regulations, 

14 policies, and guidance and identifying additional actions 

15 to facilitate high quality, efficient, and targeted environ16 mental reviews and permitting decisions. The sessions and 

17 the interagency collaborations they generate shall focus on 

18 how to work with State and local transportation entities 

19 to improve project planning, siting, and application qual20 ity and how to consult and coordinate with relevant stake21 holders and Federal, tribal, State, and local representatives 

22 early in permitting processes. 

23 ‘‘(d) PERFORMANCE MEASUREMENT.—Not later than 

24 1 year after the date of enactment of the Comprehensive 

25 Transportation and Consumer Protection Act of 2015, the 
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1 Secretary of Transportation, in coordination with the 

2 Steering Committee established under section 312 of this 

3 title, shall establish a program to measure and report on 

4 progress towards aligning Federal reviews as outlined in 

5 this section.’’. 

6 (b) CONFORMING AMENDMENT.—The table of contents 

7 of subchapter I of chapter 3 is amended by inserting after 

8 the item relating to section 309 the following: 

‘‘310. Aligning Federal environmental reviews.’’. 

9 SEC. 31105. MULTIMODAL CATEGORICAL EXCLUSIONS. 

10 Section 304 is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘operating authority’’ 

14 and inserting ‘‘operating administration or 

15 secretarial office’’; 

16 (ii) by inserting ‘‘has expertise but’’ 

17 before ‘‘is not the lead’’; and 

18 (iii) by inserting ‘‘proposed 

19 multimodal’’ before ‘‘project’’; 

20 (B) by amending paragraph (2) to read as 

21 follows: 

22 ‘‘(2) LEAD AUTHORITY.—The term ‘lead author23 ity’ means a Department of Transportation operating 

24 administration or secretarial office that has the lead 
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1 responsibility for a proposed multimodal project.’’; 

2 and 

3 (C) in paragraph (3), by striking ‘‘has the 

4 meaning given the term in section 139(a) of title 

5 23’’ and inserting ‘‘means an action by the De6 partment of Transportation that involves exper7 tise of 1 or more Department of Transportation 

8 operating administrations or secretarial offices’’; 

9 (2) in subsection (b), by striking ‘‘under this 

10 title’’ and inserting ‘‘by the Secretary of Transpor11 tation’’; 

12 (3) in subsection (c)— 

13 (A) in the matter preceding paragraph 

14 (1)— 

15 (i) by striking ‘‘a categorical exclusion 

16 designated under the implementing regula17 tions or’’ and inserting ‘‘categorical exclu18 sions designated under the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.) implementing’’; and 

21 (ii) by striking ‘‘other components of 

22 the’’ and inserting ‘‘a proposed 

23 multimodal’’; 

24 (B) by amending paragraphs (1) and (2) to 

25 read as follows: 
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† HR 22 EAS 

1 ‘‘(1) the lead authority makes a preliminary de2 termination on the applicability of a categorical ex3 clusion to a proposed multimodal project and notifies 

4 the cooperating authority of its intent to apply the co5 operating authority categorical exclusion; 

6 ‘‘(2) the cooperating authority does not object to 

7 the lead authority’s preliminary determination of its 

8 applicability;’’; 

9 (C) in paragraph (3)— 

10 (i) by inserting ‘‘the lead authority de11 termines that’’ before ‘‘the component of’’; 

12 and 

13 (ii) by inserting ‘‘proposed 

14 multimodal’’ before ‘‘project to be covered’’; 

15 and 

16 (D) by amending paragraph (4) to read as 

17 follows: 

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

19 the cooperating authority— 

20 ‘‘(A) follows implementing regulations or 

21 procedures under the National Environmental 

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

23 ‘‘(B) determines that the proposed 

24 multimodal project does not individually or cu-
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† HR 22 EAS 

1 mulatively have a significant impact on the en2 vironment; and 

3 ‘‘(C) determines that extraordinary cir4 cumstances do not exist that merit additional 

5 analysis and documentation in an environ6 mental impact statement or environmental as7 sessment required under the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.).’’; and 

10 (4) by amending subsection (d) to read as fol11 lows: 

12 ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co13 operating authority shall provide expertise to the lead au14 thority on aspects of the multimodal project in which the 

15 cooperating authority has expertise.’’. 

16 SEC. 31106. IMPROVING TRANSPARENCY IN ENVIRON17 MENTAL REVIEWS. 

18 (a) IN GENERAL.—Subchapter I of chapter 3, as 

19 amended by section 31104 of this Act, is further amended 

20 by inserting after section 310 the following: 

21 ‘‘§ 311. Improving transparency in environmental re22 views 

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

24 date of enactment of the Comprehensive Transportation and 

25 Consumer Protection Act of 2015, the Secretary of Trans-
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† HR 22 EAS 

1 portation shall establish an online platform and, in coordi2 nation with Federal agencies described in subsection (b), 

3 issue reporting standards to make publicly available the 

4 status and progress with respect to compliance with appli5 cable requirements under the National Environmental Pol6 icy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Fed7 eral approval required under applicable laws for projects 

8 and activities requiring an environmental assessment or an 

9 environmental impact statement. 

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

11 agency of jurisdiction over an approval required for a 

12 project under applicable laws shall provide information re13 garding the status and progress of the approval to the online 

14 platform, consistent with the standards established under 

15 subsection (a). 

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

17 with assigned authority for responsibilities under the Na18 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

19 et seq.), under section 326 or section 327 of title 23 shall 

20 be responsible for supplying project development and com21 pliance status for all applicable projects.’’. 

22 (b) CONFORMING AMENDMENT.—The table of contents 

23 of subchapter I of chapter 3, as amended by section 31104 

24 of this Act, is further amended by inserting after the item 

25 relating to section 310, the following: 

‘‘311. Improving transparency in environmental reviews.’’. 
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1 SEC. 31107. LOCAL TRANSPORTATION INFRASTRUCTURE 

2 PROGRAM. 

3 Section 610 of title 23, United States Code, is amend4 ed— 

5 (1) in subsection (d)— 

6 (A) in paragraph (1), by striking subpara7 graph (A) and inserting the following: 

8 ‘‘(A) 10 percent of the funds apportioned to 

9 the State for each of fiscal years 2016 through 

10 2021 under each of sections 104(b)(1), 104(b)(2), 

11 and 144; and’’; 

12 (B) in paragraph (2), by striking ‘‘2005 

13 through 2009’’ and inserting ‘‘2016 through 

14 2021’’; 

15 (C) in paragraph (3), by striking ‘‘2005 

16 through 2009’’ and inserting ‘‘2016 through 

17 2021’’; and 

18 (D) in paragraph (5), by striking ‘‘section 

19 133(d)(3)’’ and inserting ‘‘section 133(d)(4)’’; 

20 and 

21 (2) in subsection (k), by striking ‘‘2005 through 

22 2009’’ and inserting ‘‘2016 through 2021’’. 

23 SEC. 31108. AUTHORIZATION OF GRANTS FOR POSITIVE 

24 TRAIN CONTROL. 

25 (a) IN GENERAL.—There shall be available from the 

26 Mass Transit Account of the Highway Trust Fund to carry 
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† HR 22 EAS 

1 out this section $199,000,000 for fiscal year 2016 to assist 

2 in financing the installation of positive train control sys3 tems. 

4 (b) PROGRAMS.—The amounts made available under 

5 subsection (a) of this section may be used to assist in fi6 nancing the installation of positive train control systems 

7 through— 

8 (1) grants made under the rail safety technology 

9 grants program under section 20158 of title 49, 

10 United States Code; 

11 (2) grants made under the consolidated rail in12 frastructure and safety improvements program under 

13 section 24408 of title 49, United States Code; and 

14 (3) funding the cost, including the subsidy cost 

15 or cost of credit risk premiums, of direct loans and 

16 loan guarantees under sections 502 through 504 of the 

17 Railroad Revitalization and Regulatory Reform Act 

18 of 1976 (45 U.S.C. 801 et seq.). 

19 (c) ELIGIBLE RECIPIENTS.—The amounts made avail20 able under subsection (a) of this section may be used only 

21 to assist a recipient of funds under chapter 53 of title 49, 

22 United States Code, through the programs described in sub23 section (b). 

24 (d) PROJECT MANAGEMENT OVERSIGHT.—The Sec25 retary may withhold up to 1 percent from the amounts 
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† HR 22 EAS 

1 made available under subsection (a) of this section for the 

2 costs of project management oversight of grants authorized 

3 under that subsection. 

4 (e) SAVINGS CLAUSE.—Nothing in this section may be 

5 construed as authorizing the amounts appropriated under 

6 subsection (a) to be used for any purpose other than financ7 ing the installation of positive train control systems. 

8 (f) GRANTS FINANCED FROM HIGHWAY TRUST

9 FUND.—A grant, contract, direct loan, or loan guarantee 

10 that is approved by the Secretary and financed with 

11 amounts made available from the Mass Transit Account of 

12 the Highway Trust Fund under this section is a contractual 

13 obligation of the Government to pay the Government share 

14 of the cost of the project. 

15 (g) AVAILABILITY OF AMOUNTS.—Notwithstanding 

16 subsection (h), amounts made available under this section 

17 shall remain available until expended. 

18 (h) SUNSET.—The Secretary of Transportation shall 

19 provide the grants, direct loans, and loan guarantees under 

20 subsection (b) by September 30, 2017. 

21 Subtitle B—Research 

22 SEC. 31201. FINDINGS. 

23 Congress makes the followings findings: 

24 (1) Federal transportation research planning 

25 and coordination— 
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† HR 22 EAS 

1 (A) should occur within the Office of the 

2 Secretary; and 

3 (B) should be, to the extent practicable, 

4 multi-modal and not occur solely within the sub5 agencies of the Department of Transportation. 

6 (2) Managing a multi-modal research portfolio 

7 within the Office of the Secretary will— 

8 (A) help identify opportunities where re9 search could be applied across modes; and 

10 (B) prevent duplication of efforts and waste 

11 of limited Federal resources. 

12 (3) An ombudsman for research at the Depart13 ment of Transportation will— 

14 (A) give stakeholders a formal opportunity 

15 to address concerns; 

16 (B) ensure unbiased research; and 

17 (C) improve the overall research products of 

18 the Department. 

19 (4) Increasing transparency of transportation re20 search efforts will— 

21 (A) build stakeholder confidence in the final 

22 product; and 

23 (B) lead to the improved implementation of 

24 research findings. 
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† HR 22 EAS 

1 SEC. 31202. MODAL RESEARCH PLANS. 

2 (a) IN GENERAL.—Not later than June 15 of the year 

3 preceding the research fiscal year, the head of each modal 

4 administration and joint program office of the Department 

5 of Transportation shall submit a comprehensive annual 

6 modal research plan to the Assistant Secretary for Research 

7 and Technology of the Department of Transportation (re8 ferred to in this subtitle as the ‘‘Assistant Secretary’’). 

9 (b) REVIEW.— 

10 (1) IN GENERAL.—Not later than October 1 of 

11 each year, the Assistant Secretary, for each plan sub12 mitted pursuant to subsection (a), shall— 

13 (A) review the scope of the research; and 

14 (B)(i) approve the plan; or 

15 (ii) request that the plan be revised. 

16 (2) PUBLICATIONS.—Not later than January 30 

17 of each year, the Secretary shall publish each plan 

18 that has been approved under paragraph (1)(B)(i) on 

19 a public website. 

20 (3) REJECTION OF DUPLICATIVE RESEARCH EF21 FORTS.—The Assistant Secretary may not approve 

22 any plan submitted by the head of a modal adminis23 tration or joint program office pursuant to subsection 

24 (a) if such plan duplicates the research efforts of any 

25 other modal administration. 
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1 (c) FUNDING LIMITATIONS.—No funds may be ex2 pended by the Department of Transportation on research 

3 that has not previously been approved as part of a modal 

4 research plan approved by the Assistant Secretary unless— 

5 (1) such research is required by an Act of Con6 gress; 

7 (2) such research was part of a contract that was 

8 funded before the date of enactment of this Act; or 

9 (3) the Secretary of Transportation certifies to 

10 Congress that such research is necessary before the ap11 proval of a modal research plan. 

12 (d) DUPLICATIVE RESEARCH.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), no funds may be expended by the Depart15 ment of Transportation on research projects that the 

16 Secretary identifies as duplicative under subsection 

17 (b)(3). 

18 (2) EXCEPTIONS.—Paragraph (1) shall not 

19 apply to— 

20 (A) updates to previously commissioned re21 search; 

22 (B) research commissioned to carry out an 

23 Act of Congress; or 

24 (C) research commissioned before the date of 

25 enactment of this Act. 
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1 (e) CERTIFICATION.— 

2 (1) IN GENERAL.—The Secretary shall annually 

3 certify to Congress that— 

4 (A) each modal research plan has been re5 viewed; and 

6 (B) there is no duplication of study for re7 search directed, commissioned, or conducted by 

8 the Department of Transportation. 

9 (2) CORRECTIVE ACTION PLAN.—If the Secretary, 

10 after submitting a certification under paragraph (1), 

11 identifies duplication of research within the Depart12 ment of Transportation, the Secretary shall— 

13 (A) notify Congress of the duplicative re14 search; and 

15 (B) submit a corrective action plan to Con16 gress that will eliminate such duplicative re17 search. 

18 SEC. 31203. CONSOLIDATED RESEARCH PROSPECTUS AND 

19 STRATEGIC PLAN. 

20 (a) PROSPECTUS.— 

21 (1) IN GENERAL.—The Secretary shall annually 

22 publish, on a public website, a comprehensive pro23 spectus on all research projects conducted by the De24 partment of Transportation, including, to the extent 
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† HR 22 EAS 

1 practicable, research funded through University 

2 Transportation Centers. 

3 (2) CONTENTS.—The prospectus published under 

4 paragraph (1) shall— 

5 (A) include the consolidated modal research 

6 plans approved under section 1302; 

7 (B) describe the research objectives, progress, 

8 and allocated funds for each research project; 

9 (C) identify research projects with multi10 modal applications; 

11 (D) specify how relevant modal administra12 tions have assisted, will contribute to, or plan to 

13 use the findings from the research projects identi14 fied under paragraph (1); 

15 (E) identify areas in which multiple modal 

16 administrations are conducting research projects 

17 on similar subjects or subjects which have bear18 ing on multiple modes; 

19 (F) describe the interagency and cross 

20 modal communication and coordination that has 

21 occurred to prevent duplication of research ef22 forts within the Department of Transportation; 

23 (G) indicate how research is being dissemi24 nated to improve the efficiency and safety of 

25 transportation systems; 
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† HR 22 EAS 

1 (H) describe how agencies developed their 

2 research plans; and 

3 (I) describe the opportunities for public and 

4 stakeholder input. 

5 (b) FUNDING REPORT.—In conjunction with each of 

6 the President’s annual budget requests under section 1105 

7 of title 31, United States Code, the Secretary shall submit 

8 a report to appropriate committees of Congress that de9 scribes— 

10 (1) the amount spent in the last completed fiscal 

11 year on transportation research and development; and 

12 (2) the amount proposed in the current budget 

13 for transportation research and development. 

14 (c) PERFORMANCE PLANS AND REPORTS.—In the 

15 plans and reports submitted under sections 1115 and 1116 

16 of title 31, United States Code, the Secretary shall in17 clude— 

18 (1) a summary of the Federal transportation re19 search and development activities for the previous fis20 cal year in each topic area; 

21 (2) the amount spent in each topic area; 

22 (3) a description of the extent to which the re23 search and development is meeting the expectations 

24 set forth in subsection (d)(3)(A); and 
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1 (4) any amendments to the strategic plan devel2 oped under subsection (d). 

3 (d) TRANSPORTATION RESEARCH AND DEVELOPMENT

4 STRATEGIC PLAN.— 

5 (1) IN GENERAL.—The Secretary shall develop a 

6 5-year transportation research and development stra7 tegic plan to guide future Federal transportation re8 search and development activities. 

9 (2) CONSISTENCY.—The strategic plan developed 

10 under paragraph (1) shall be consistent with— 

11 (A) section 306 of title 5, United States 

12 Code; 

13 (B) sections 1115 and 1116 of title 31, 

14 United States Code; and 

15 (C) any other research and development 

16 plan within the Department of Transportation. 

17 (3) CONTENTS.—The strategic plan developed 

18 under paragraph (1) shall— 

19 (A) describe the primary purposes of the 

20 transportation research and development pro21 gram, which shall include— 

22 (i) promoting safety; 

23 (ii) reducing congestion; 

24 (iii) improving mobility; 
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1 (iv) preserving the existing transpor2 tation system; 

3 (v) improving the durability and ex4 tending the life of transportation infrastruc5 ture; and 

6 (vi) improving goods movement; 

7 (B) for each of the purposes referred to in 

8 subparagraph (A), list the primary research and 

9 development topics that the Department of 

10 Transportation intends to pursue to accomplish 

11 that purpose, which may include— 

12 (i) fundamental research in the phys13 ical and natural sciences; 

14 (ii) applied research; 

15 (iii) technology research; and 

16 (iv) social science research intended for 

17 each topic; and 

18 (C) for each research and development 

19 topic— 

20 (i) identify the anticipated annual 

21 funding levels for the period covered by the 

22 strategic plan; and 

23 (ii) include any additional informa24 tion the Department of Transportation ex25 pects to discover at the end of the period 
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† HR 22 EAS 

1 covered by the strategic plan as a result of 

2 the research and development in that topic 

3 area. 

4 (4) CONSIDERATIONS.—The Secretary shall en5 sure that the strategic plan developed under this sec6 tion— 

7 (A) reflects input from a wide range of 

8 stakeholders; 

9 (B) includes and integrates the research and 

10 development programs of all the Department of 

11 Transportation’s modal administrations, includ12 ing aviation, transit, rail, and maritime; and 

13 (C) takes into account how research and de14 velopment by other Federal, State, private sector, 

15 and nonprofit institutions— 

16 (i) contributes to the achievement of 

17 the purposes identified under paragraph 

18 (3)(A); and 

19 (ii) avoids unnecessary duplication of 

20 such efforts. 

21 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) CHAPTER 5 OF TITLE 23.—Chapter 5 of title 

23 23, United States Code, is amended— 

24 (A) by striking section 508; 
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1 (B) in the table of contents, by striking the 

2 item relating to section 508; 

3 (C) in section 502— 

4 (i) in subsection (a)(9), by striking 

5 ‘‘transportation research and technology de6 velopment strategic plan developed under 

7 section 508’’ and inserting ‘‘transportation 

8 research and development strategic plan 

9 under section 31203 of the Comprehensive 

10 Transportation and Consumer Protection 

11 Act of 2015’’; and 

12 (ii) in subsection (b)(4), by striking 

13 ‘‘transportation research and development 

14 strategic plan of the Secretary developed 

15 under section 508’’ and inserting ‘‘transpor16 tation research and development strategic 

17 plan under section 31203 of the Comprehen18 sive Transportation and Consumer Protec19 tion Act of 2015’’; and 

20 (D) in section 512(b), by striking ‘‘as part 

21 of the transportation research and development 

22 strategic plan developed under section 508’’. 

23 (2) INTELLIGENT TRANSPORTATION SYSTEMS.— 

24 Section 5205 of the Intelligent Transportation Sys25 tems Act of 1998 (23 U.S.C. 502 note) is amended— 
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1 (A) in subsection (b), by striking ‘‘as part 

2 of the Surface Transportation Research and De3 velopment Strategic Plan developed under sec4 tion 508 of title 23, United States Code’’ and in5 serting ‘‘as part of the transportation research 

6 and development strategic plan under section 

7 31203 of the Comprehensive Transportation and 

8 Consumer Protection Act of 2015’’; and 

9 (B) in subsection (e)(2)(A), by striking ‘‘or 

10 the Surface Transportation Research and Devel11 opment Strategic Plan developed under section 

12 508 of title 23, United States Code’’ and insert13 ing ‘‘or the transportation research and develop14 ment strategic plan under section 31203 of the 

15 Comprehensive Transportation and Consumer 

16 Protection Act of 2015’’. 

17 (3) INTELLIGENT TRANSPORTATION SYSTEM RE18 SEARCH.—Subtitle C of title V of the Safe, Account19 able, Flexible, Efficient Transportation Equity Act: A 

20 Legacy for Users (23 U.S.C. 512 note) is amended— 

21 (A) in section 5305(h)(3)(A), by striking 

22 ‘‘the strategic plan under section 508 of title 23, 

23 United States Code’’ and inserting ‘‘the 5-year 

24 transportation research and development stra25 tegic plan under section 31203 of the Com-
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1 prehensive Transportation and Consumer Protec2 tion Act of 2015’’; and 

3 (B) in section 5307(c)(2)(A), by striking 

4 ‘‘or the surface transportation research and de5 velopment strategic plan developed under section 

6 508 of title 23, United States Code’’ and insert7 ing ‘‘or the 5-year transportation research and 

8 development strategic plan under section 31203 

9 of the Comprehensive Transportation and Con10 sumer Protection Act of 2015’’. 

11 SEC. 31204. RESEARCH OMBUDSMAN. 

12 (a) IN GENERAL.—Subtitle III is amended by insert13 ing after chapter 63 the following: 

14 ‘‘CHAPTER 65—RESEARCH OMBUDSMAN 

‘‘Sec. 

‘‘6501. Research ombudsman. 

15 ‘‘§ 6501. Research ombudsman 

16 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary for 

17 Research and Technology shall appoint a career Federal 

18 employee to serve as Research Ombudsman. This appoint19 ment shall not diminish the authority of peer review of re20 search. 

21 ‘‘(b) QUALIFICATIONS.—The Research Ombudsman 

22 appointed under subsection (a), to the extent practicable— 
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1 ‘‘(1) shall have a background in academic re2 search and a strong understanding of sound study de3 sign; 

4 ‘‘(2) shall develop a working knowledge of the 

5 stakeholder communities and research needs of the 

6 transportation field; and 

7 ‘‘(3) shall not have served as a political ap8 pointee of the Department. 

9 ‘‘(c) RESPONSIBILITIES.— 

10 ‘‘(1) ADDRESSING COMPLAINTS AND QUES11 TIONS.—The Research Ombudsman shall— 

12 ‘‘(A) receive complaints and questions 

13 about— 

14 ‘‘(i) significant alleged omissions, im15 proprieties, and systemic problems; and 

16 ‘‘(ii) excessive delays of, or within, a 

17 specific research project; and 

18 ‘‘(B) evaluate and address the complaints 

19 and questions described in subparagraph (A). 

20 ‘‘(2) PETITIONS.— 

21 ‘‘(A) REVIEW.—The Research Ombudsman 

22 shall review petitions relating to— 

23 ‘‘(i) conflicts of interest; 

24 ‘‘(ii) the study design and method25 ology; 
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1 ‘‘(iii) assumptions and potential bias; 

2 ‘‘(iv) the length of the study; and 

3 ‘‘(v) the composition of any data sam4 pled. 

5 ‘‘(B) RESPONSE TO PETITIONS.—The Re6 search Ombudsman shall— 

7 ‘‘(i) respond to relevant petitions with8 in a reasonable period; 

9 ‘‘(ii) identify deficiencies in the peti10 tion’s study design; and 

11 ‘‘(iii) propose a remedy for such defi12 ciencies to the administrator of the modal 

13 administration responsible for completing 

14 the research project. 

15 ‘‘(C) RESPONSE TO PROPOSED REMEDY.— 

16 The administrator of the modal administration 

17 charged with completing the research project 

18 shall respond to the proposed research remedy. 

19 ‘‘(3) REQUIRED REVIEWS.—The Research Om20 budsman shall evaluate the study plan for all statu21 torily required studies and reports before the com22 mencement of such studies to ensure that the research 

23 plan has an appropriate sample size and composition 

24 to address the stated purpose of the study. 

25 ‘‘(d) REPORTS.— 
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1 ‘‘(1) IN GENERAL.—Upon the completion of each 

2 review under subsection (c), the Research Ombudsman 

3 shall— 

4 ‘‘(A) submit a report containing the results 

5 of such review to— 

6 ‘‘(i) the Secretary; 

7 ‘‘(ii) the head of the relevant modal ad8 ministration; and 

9 ‘‘(iii) the study or research leader; and 

10 ‘‘(B) publish such results on a public 

11 website, with the modal administration response 

12 required under subsection (c)(2)(C). 

13 ‘‘(2) INDEPENDENCE.—Each report required 

14 under this section shall be provided directly to the in15 dividuals described in paragraph (1) without any 

16 comment or amendment from the Secretary, the Dep17 uty Secretary of Transportation, the head of any 

18 modal administration of the Department, or any 

19 other officer or employee of the Department or the Of20 fice of Management and Budget. 

21 ‘‘(e) REPORT TO INSPECTOR GENERAL.—The Research 

22 Ombudsman shall submit any evidence of misfeasance, mal23 feasance, waste, fraud, or abuse uncovered during a review 

24 under this section to the Inspector General for further re25 view. 
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1 ‘‘(f) REMOVAL.—The Research Ombudsman shall be 

2 subject to adverse employment action for misconduct or 

3 good cause in accordance with the procedures and grounds 

4 set forth in chapter 75 of title 5.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

6 table of chapters for subtitle III is amended by inserting 

7 after the item relating to chapter 63 the following: 

‘‘65. Research ombudsman .............................................................................. 6501’’. 

8 SEC. 31205. SMART CITIES TRANSPORTATION PLANNING 

9 STUDY. 

10 (a) IN GENERAL.—The Secretary shall conduct a 

11 study of digital technologies and information technologies, 

12 including shared mobility, data, transportation network 

13 companies, and on-demand transportation services— 

14 (1) to understand the degree to which cities are 

15 adopting these technologies; 

16 (2) to assess future planning, infrastructure and 

17 investment needs; and 

18 (3) to provide best practices to plan for smart 

19 cities in which information and technology are 

20 used— 

21 (A) to improve city operations; 

22 (B) to grow the local economy; 

23 (C) to improve response in times of emer24 gencies and natural disasters; and 

25 (D) to improve the lives of city residents. 
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1 (b) COMPONENTS.—The study conducted under sub2 section (a) shall— 

3 (1) identify broad issues that influence the abil4 ity of the United States to plan for and invest in 

5 smart cities, including barriers to collaboration and 

6 access to scientific information; and 

7 (2) review how the expanded use of digital tech8 nologies, mobile devices, and information may— 

9 (A) enhance the efficiency and effectiveness 

10 of existing transportation networks; 

11 (B) optimize demand management services; 

12 (C) impact low-income and other disadvan13 taged communities; 

14 (D) assess opportunities to share, collect, 

15 and use data; 

16 (E) change current planning and invest17 ment strategies; and 

18 (F) provide opportunities for enhanced co19 ordination and planning. 

20 (c) REPORTING.—Not later than 18 months after the 

21 date of enactment of this Act, the Secretary shall publish 

22 the report containing the results of the study required under 

23 subsection (a) to a public website. 
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1 SEC. 31206. BUREAU OF TRANSPORTATION STATISTICS 

2 INDEPENDENCE. 

3 Section 6302 is amended by adding at the end the fol4 lowing: 

5 ‘‘(d) INDEPENDENCE OF BUREAU.— 

6 ‘‘(1) IN GENERAL.—The Director shall not be re7 quired— 

8 ‘‘(A) to obtain the approval of any other of9 ficer or employee of the Department with respect 

10 to the collection or analysis of any information; 

11 or 

12 ‘‘(B) prior to publication, to obtain the ap13 proval of any other officer or employee of the 

14 United States Government with respect to the 

15 substance of any statistical technical reports or 

16 press releases lawfully prepared by the Director. 

17 ‘‘(2) BUDGET AUTHORITY.—The Director shall 

18 have a significant role in the disposition and alloca19 tion of the Bureau’s authorized budget, including— 

20 ‘‘(A) all hiring, grants, cooperative agree21 ments, and contracts awarded by the Bureau to 

22 carry out this section; and 

23 ‘‘(B) the disposition and allocation of 

24 amounts paid to the Bureau for cost-reimburs25 able projects. 
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1 ‘‘(3) EXCEPTIONS.—The Secretary shall direct 

2 external support functions, such as the coordination 

3 of activities involving multiple modal administra4 tions. 

5 ‘‘(4) INFORMATION TECHNOLOGY.—The Depart6 ment Chief Information Officer shall consult with the 

7 Director to ensure decisions related to information 

8 technology guarantee the protection of the confiden9 tiality of information provided solely for statistical 

10 purposes, in accordance with the Confidential Infor11 mation Protection and Statistical Efficiency Act of 

12 2002 (44 U.S.C. 3501 note).’’. 

13 SEC. 31207. CONFORMING AMENDMENTS. 

14 (a) TITLE 49 AMENDMENTS.— 

15 (1) ASSISTANT SECRETARIES; GENERAL COUN16 SEL.—Section 102(e) is amended— 

17 (A) in paragraph (1), by striking ‘‘5’’ and 

18 inserting ‘‘6’’; and 

19 (B) in paragraph (1)(A), by inserting ‘‘an 

20 Assistant Secretary for Research and Tech21 nology,’’ before ‘‘and an Assistant Secretary’’. 

22 (2) OFFICE OF THE ASSISTANT SECRETARY FOR

23 RESEARCH AND TECHNOLOGY OF THE DEPARTMENT

24 OF TRANSPORTATION.—Section 112 is repealed. 
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1 (3) TABLE OF CONTENTS.—The table of contents 

2 of chapter 1 is amended by striking the item relating 

3 to section 112. 

4 (4) RESEARCH CONTRACTS.—Section 330 is 

5 amended— 

6 (A) in the section heading, by striking 

7 ‘‘contracts’’ and inserting ‘‘activities’’; 

8 (B) in subsection (a), by inserting ‘‘IN GEN9 ERAL.—’’ before ‘‘The Secretary’’; 

10 (C) in subsection (b), by inserting ‘‘RE11 SPONSIBILITIES.—’’ before ‘‘In carrying out’’; 

12 (D) in subsection (c), by inserting ‘‘PUBLI13 CATIONS.—’’ before ‘‘The Secretary’’; and 

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

15 ‘‘(d) DUTIES.—The Secretary shall provide for the fol16 lowing: 

17 ‘‘(1) Coordination, facilitation, and review of the 

18 Department’s research and development programs 

19 and activities. 

20 ‘‘(2) Advancement, and research and develop21 ment, of innovative technologies, including intelligent 

22 transportation systems. 

23 ‘‘(3) Comprehensive transportation statistics re24 search, analysis, and reporting. 
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1 ‘‘(4) Education and training in transportation 

2 and transportation-related fields. 

3 ‘‘(5) Activities of the Volpe National Transpor4 tation Systems Center. 

5 ‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary 

6 may— 

7 ‘‘(1) enter into grants and cooperative agree8 ments with Federal agencies, State and local govern9 ment agencies, other public entities, private organiza10 tions, and other persons— 

11 ‘‘(A) to conduct research into transportation 

12 service and infrastructure assurance; and 

13 ‘‘(B) to carry out other research activities of 

14 the Department; 

15 ‘‘(2) carry out, on a cost-shared basis, collabo16 rative research and development to encourage innova17 tive solutions to multimodal transportation problems 

18 and stimulate the deployment of new technology 

19 with— 

20 ‘‘(A) non-Federal entities, including State 

21 and local governments, foreign governments, in22 stitutions of higher education, corporations, in23 stitutions, partnerships, sole proprietorships, and 

24 trade associations that are incorporated or estab25 lished under the laws of any State; 
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1 ‘‘(B) Federal laboratories; and 

2 ‘‘(C) other Federal agencies; and 

3 ‘‘(3) directly initiate contracts, grants, coopera4 tive research and development agreements (as defined 

5 in section 12 of the Stevenson-Wydler Technology In6 novation Act of 1980 (15 U.S.C. 3710a)), and other 

7 agreements to fund, and accept funds from, the 

8 Transportation Research Board of the National Re9 search Council of the National Academy of Sciences, 

10 State departments of transportation, cities, counties, 

11 institutions of higher education, associations, and the 

12 agents of those entities to carry out joint transpor13 tation research and technology efforts. 

14 ‘‘(f) FEDERAL SHARE.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

16 Federal share of the cost of an activity carried out 

17 under subsection (e)(3) shall not exceed 50 percent. 

18 ‘‘(2) EXCEPTION.—If the Secretary determines 

19 that the activity is of substantial public interest or 

20 benefit, the Secretary may approve a greater Federal 

21 share. 

22 ‘‘(3) NON-FEDERAL SHARE.—All costs directly 

23 incurred by the non-Federal partners, including per24 sonnel, travel, facility, and hardware development 
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1 costs, shall be credited toward the non-Federal share 

2 of the cost of an activity described in paragraph (1). 

3 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

4 fiscal years 2016 through 2021, the Secretary is authorized 

5 to expend not more than 1 and a half percent of the 

6 amounts authorized to be appropriated for necessary ex7 penses for administration and operations of the Office of 

8 the Assistant Secretary for Research and Technology for the 

9 coordination, evaluation, and oversight of the programs ad10 ministered under this section. 

11 ‘‘(h) USE OF TECHNOLOGY.—The research, develop12 ment, or use of a technology under a contract, grant, cooper13 ative research and development agreement, or other agree14 ment entered into under this section, including the terms 

15 under which the technology may be licensed and the result16 ing royalties may be distributed, shall be subject to the Ste17 venson-Wydler Technology Innovation Act of 1980 (15 

18 U.S.C. 3701 et seq.). 

19 ‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.—Sec20 tion 6101 of title 41 shall not apply to a contract, grant, 

21 or other agreement entered into under this section.’’. 

22 (5) TABLE OF CONTENTS.—The item relating to 

23 section 330 in the table of contents of chapter 3 is 

24 amended by striking ‘‘Contracts’’ and inserting ‘‘Ac25 tivities’’. 
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1 (6) BUREAU OF TRANSPORTATION STATISTICS.— 

2 Section 6302(a) is amended to read as follows: 

3 ‘‘(a) IN GENERAL.—There shall be within the Depart4 ment the Bureau of Transportation Statistics.’’. 

5 (b) TITLE 5 AMENDMENTS.— 

6 (1) POSITIONS AT LEVEL II.—Section 5313 of 

7 title 5, United States Code, is amended by striking 

8 ‘‘Under Secretary of Transportation for Security.’’. 

9 (2) POSITIONS AT LEVEL III.—Section 5314 of 

10 title 5, United States Code, is amended by striking 

11 ‘‘Administrator, Research and Innovative Technology 

12 Administration.’’. 

13 (3) POSITIONS AT LEVEL IV.—Section 5315 of 

14 title 5, United States Code, is amended by striking 

15 ‘‘(4)’’ in the undesignated item relating to Assistant 

16 Secretaries of Transportation and inserting ‘‘(5)’’. 

17 (4) POSITIONS AT LEVEL V.—Section 5316 is 

18 amended by striking ‘‘Associate Deputy Secretary, 

19 Department of Transportation.’’. 

20 SEC. 31208. REPEAL OF OBSOLETE OFFICE. 

21 (a) IN GENERAL.—Section 5503 is repealed. 

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

23 chapter 55 is amended by striking the item relating to sec24 tion 5503. 
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1 Subtitle C—Port Performance Act 

2 SEC. 31301. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Port Performance 

4 Act’’. 

5 SEC. 31302. FINDINGS. 

6 Congress finds the following: 

7 (1) America’s ports play a critical role in the 

8 Nation’s transportation supply chain network. 

9 (2) Reliable and efficient movement of goods 

10 through the Nation’s ports ensures that American 

11 goods are available to customers throughout the world. 

12 (3) Breakdowns in the transportation supply 

13 chain network, particularly at the Nation’s ports, can 

14 result in tremendous economic losses for agriculture, 

15 businesses, and retailers that rely on timely ship16 ments. 

17 (4) A clear understanding of terminal and port 

18 productivity and throughput should help— 

19 (A) to identify freight bottlenecks; 

20 (B) to indicate performance and trends over 

21 time; and 

22 (C) to inform investment decisions. 
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1 SEC. 31303. PORT PERFORMANCE FREIGHT STATISTICS 

2 PROGRAM. 

3 (a) IN GENERAL.—Chapter 63 is amended by adding 

4 at the end the following: 

5 ‘‘§ 6314. Port performance freight statistics program 

6 ‘‘(a) IN GENERAL.—The Director shall establish, on be7 half of the Secretary, a port performance statistics program 

8 to provide nationally consistent measures of performance 

9 of, at a minimum— 

10 ‘‘(1) the Nation’s top 25 ports by tonnage; 

11 ‘‘(2) the Nation’s top 25 ports by 20-foot equiva12 lent unit; and 

13 ‘‘(3) the Nation’s top 25 ports by dry bulk. 

14 ‘‘(b) ANNUAL REPORTS.— 

15 ‘‘(1) PORT CAPACITY AND THROUGHPUT.—Not 

16 later than January 15 of each year, the Director shall 

17 submit an annual report to Congress that includes 

18 statistics on capacity and throughput at the ports de19 scribed in subsection (a). 

20 ‘‘(2) PORT PERFORMANCE MEASURES.—The Di21 rector shall collect monthly port performance meas22 ures for each of the United States ports referred to in 

23 subsection (a) that receives Federal assistance or is 

24 subject to Federal regulation to submit an annual re25 port to the Bureau of Transportation Statistics that 

26 includes monthly statistics on capacity and through-
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1 put as applicable to the specific configuration of the 

2 port. 

3 ‘‘(A) MONTHLY MEASURES.—The Director 

4 shall collect monthly measures, including— 

5 ‘‘(i) the average number of lifts per 

6 hour of containers by crane; 

7 ‘‘(ii) the average vessel turn time by 

8 vessel type; 

9 ‘‘(iii) the average cargo or container 

10 dwell time; 

11 ‘‘(iv) the average truck time at ports; 

12 ‘‘(v) the average rail time at ports; and 

13 ‘‘(vi) any additional metrics, as deter14 mined by the Director after receiving rec15 ommendations from the working group es16 tablished under subsection (c). 

17 ‘‘(B) MODIFICATIONS.—The Director may 

18 consider a modification to a metric under sub19 paragraph (A) if the modification meets the in20 tent of the section. 

21 ‘‘(c) RECOMMENDATIONS.— 

22 ‘‘(1) IN GENERAL.—The Director shall obtain 

23 recommendations for— 
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1 ‘‘(A) specifications and data measurements 

2 for the port performance measures listed in sub3 section (b)(2); 

4 ‘‘(B) additionally needed data elements for 

5 measuring port performance; and 

6 ‘‘(C) a process for the Department of Trans7 portation to collect timely and consistent data, 

8 including identifying safeguards to protect pro9 prietary information described in subsection 

10 (b)(2). 

11 ‘‘(2) WORKING GROUP.—Not later than 60 days 

12 after the date of the enactment of the Port Perform13 ance Act, the Director shall commission a working 

14 group composed of— 

15 ‘‘(A) operating administrations of the De16 partment of Transportation; 

17 ‘‘(B) the Coast Guard; 

18 ‘‘(C) the Federal Maritime Commission; 

19 ‘‘(D) U.S. Customs and Border Protection; 

20 ‘‘(E) the Marine Transportation System 

21 National Advisory Council; 

22 ‘‘(F) the Army Corps of Engineers; 

23 ‘‘(G) the Saint Lawrence Seaway Develop24 ment Corporation; 
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1 ‘‘(H) the Advisory Committee on Supply 

2 Chain Competitiveness; 

3 ‘‘(I) 1 representative from the rail industry; 

4 ‘‘(J) 1 representative from the trucking in5 dustry; 

6 ‘‘(K) 1 representative from the maritime 

7 shipping industry; 

8 ‘‘(L) 1 representative from a labor organi9 zation for each industry described in subpara10 graphs (I) through (K); 

11 ‘‘(M) 1 representative from a port author12 ity; 

13 ‘‘(N) 1 representative from a terminal oper14 ator; 

15 ‘‘(O) representatives of the National Freight 

16 Advisory Committee of the Department; and 

17 ‘‘(P) representatives of the Transportation 

18 Research Board of the National Academies. 

19 ‘‘(3) RECOMMENDATIONS.—Not later than 1 year 

20 after the date of the enactment of the Port Perform21 ance Act, the working group commissioned under this 

22 subsection shall submit its recommendations to the 

23 Director. 

24 ‘‘(d) ACCESS TO DATA.—The Director shall ensure that 

25 the statistics compiled under this section are readily acces-
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† HR 22 EAS 

1 sible to the public, consistent with applicable security con2 straints and confidentiality interests.’’. 

3 (b) PROHIBITION ON CERTAIN DISCLOSURES.—Sec4 tion 6307(b)(1) is amended by inserting ‘‘or section 

5 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place it ap6 pears. 

7 (c) COPIES OF REPORTS.—Section 6307(b)(2)(A) is 

8 amended by inserting ‘‘or section 6314(b)’’ after ‘‘section 

9 6302(b)(3)(B)’’. 

10 (d) TECHNICAL AND CONFORMING AMENDMENT.—The 

11 table of contents for chapter 63 is amended by adding at 

12 the end the following: 

‘‘6314. Port performance freight statistics program.’’. 

13 TITLE XXXII—COMMERCIAL 

14 MOTOR VEHICLE AND DRIVER 

15 PROGRAMS 

16 Subtitle A—Compliance, Safety, 

17 and Accountability Reform 

18 SEC. 32001. CORRELATION STUDY. 

19 (a) IN GENERAL.—The Administrator of the Federal 

20 Motor Carrier Safety Administration (referred to in this 

21 subtitle as the ‘‘Administrator’’) shall commission the Na22 tional Research Council of the National Academies to con23 duct a study of— 

24 (1) the Safety Measurement System (referred to 

25 in this subtitle as ‘‘SMS’’); and 
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1 (2) the Compliance, Safety, Accountability pro2 gram (referred to in this subtitle as the ‘‘CSA pro3 gram’’). 

4 (b) SCOPE OF STUDY.—In carrying out the study com5 missioned pursuant to subsection (a), the National Research 

6 Council— 

7 (1) shall analyze— 

8 (A) the accuracy with which the Behavior 

9 Analysis and Safety Improvement Categories 

10 (referred to in this subtitle as ‘‘BASIC’’) safety 

11 measures used by SMS— 

12 (i) identify high risk drivers and car13 riers; and 

14 (ii) predict or be correlated with future 

15 crash risk, crash severity, or other safety in16 dicators for individual drivers, motor car17 riers, and the highest risk carriers; 

18 (B) the methodology used to calculate 

19 BASIC percentiles and identify carriers for en20 forcement, including the weights assigned to par21 ticular violations, and the tie between crash risk 

22 and specific regulatory violations, in order to ac23 curately identify and predict future crash risk 

24 for motor carriers; 
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1 (C) the relative value of inspection informa2 tion and roadside enforcement data; 

3 (D) any data collection gaps or data suffi4 ciency problems that may exist and the impact 

5 of those data gaps and insufficiencies on the effi6 cacy of the CSA program; and 

7 (E) the accuracy of data processing; and 

8 (2) should consider— 

9 (A) whether the current SMS provides com10 parable precision and confidence for SMS alerts 

11 and percentiles for the relative crash risk of indi12 vidual large and small motor carriers; 

13 (B) whether alternative systems would iden14 tify high risk carriers or identify high risk driv15 ers and motor carriers more accurately; and 

16 (C) the recommendations and findings of 

17 the Comptroller General of the United States and 

18 the Inspector General, and independent review 

19 team reports issued before the date of the enact20 ment of this Act. 

21 (c) REPORT.—Not later than 18 months after the date 

22 of enactment of this Act, the Administrator shall submit 

23 a report containing the results of the completed study to— 

24 (1) the Committee on Commerce, Science, and 

25 Transportation of the Senate; 
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1 (2) the Committee on Transportation and Infra2 structure of the House of Representatives; 

3 (3) the Inspector General of the Department of 

4 Transportation; and 

5 (4) the Comptroller General of the United States. 

6 (d) CORRECTIVE ACTION PLAN.— 

7 (1) IN GENERAL.—Not later than 120 days after 

8 the Administrator submits a report under subsection 

9 (c) that identifies a deficiency or opportunity for im10 provement in the CSA program or in any element of 

11 SMS, the Administrator shall submit a corrective ac12 tion plan to the Committee on Commerce, Science, 

13 and Transportation of the Senate and the Committee 

14 on Transportation and Infrastructure of the House of 

15 Representatives that— 

16 (A) responds to the concerns highlighted by 

17 the report; 

18 (B) identifies how the Federal Motor Car19 rier Safety Administration will address such 

20 concerns; and 

21 (C) provides an estimate of the cost, includ22 ing changes in staffing, enforcement, and data 

23 collection necessary to implement the rec24 ommendations. 
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1 (2) PROGRAM REFORMS.—The corrective action 

2 plan submitted under paragraph (1) shall include an 

3 implementation plan that— 

4 (A) includes benchmarks; 

5 (B) includes programmatic reforms, revi6 sions to regulations, or proposals for legislation; 

7 and 

8 (C) shall be considered in any rulemaking 

9 by the Department of Transportation that relates 

10 to the CSA program, including the SMS data 

11 sets or analysis. 

12 (e) INSPECTOR GENERAL REVIEW.—Not later than 

13 120 days after the Administrator issues a corrective action 

14 plan under subsection (d), the Inspector General of the De15 partment of Transportation shall— 

16 (1) review the extent to which such plan imple17 ments— 

18 (A) recommendations contained in the re19 port submitted under subsection (c); and 

20 (B) recommendations issued by the Comp21 troller General or the Inspector General before 

22 the date of enactment of this Act; and 

23 (2) submit a report to the Committee on Com24 merce, Science, and Transportation of the Senate and 

25 the Committee on Transportation and Infrastructure 
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1 of the House of Representatives on the responsiveness 

2 of the corrective action plan to the recommendations 

3 described in paragraph (1). 

4 (f) FISCAL LIMITATION.—The Administrator shall 

5 carry out the study required under this section using 

6 amounts appropriated to the Federal Motor Carrier Safety 

7 Administration and available for obligation and expendi8 ture as of the date of the enactment of this Act. 

9 SEC. 32002. SAFETY IMPROVEMENT METRICS. 

10 (a) IN GENERAL.—The Administrator shall incor11 porate a methodology into the CSA program or establish 

12 a third-party process to allow recognition, including credit, 

13 improved score, or by establishing a safety BASIC in SMS 

14 for safety technology, tools, programs, and systems approved 

15 by the Administrator through the qualification process de16 veloped under subsection (b) that exceed regulatory require17 ments or are used to enhance safety performance, includ18 ing— 

19 (1) the installation of qualifying advanced safety 

20 equipment, such as— 

21 (A) collision mitigation systems; 

22 (B) lane departure warnings; 

23 (C) speed limiters; 

24 (D) electronic logging devices; 

25 (E) electronic stability control; 
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1 (F) critical event recorders; and 

2 (G) strengthening rear guards and 

3 sideguards for underride protection; 

4 (2) the use of enhanced driver fitness measures 

5 that exceed current regulatory requirements, such 

6 as— 

7 (A) additional new driver training; 

8 (B) enhanced and ongoing driver training; 

9 and 

10 (C) remedial driver training to address spe11 cific deficiencies as identified in roadside inspec12 tion or enforcement reports; 

13 (3) the adoption of qualifying administrative 

14 fleet safety management tools technologies, driver per15 formance and behavior management technologies, and 

16 programs; and 

17 (4) technologies and measures identified through 

18 the process described in subsection (c). 

19 (b) QUALIFICATION.—The Administrator, through a 

20 notice and comment process, shall develop technical or other 

21 performance standards for technology, advanced safety 

22 equipment, enhanced driver fitness measures, tools, pro23 grams, or systems used by motor carriers that will qualify 

24 for credit under this section. 
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1 (c) ADDITIONAL REQUIREMENTS.—In modifying the 

2 CSA program under subsection (a), the Administrator, 

3 through notice and comment, shall develop a process for 

4 identifying and reviewing other technology, advanced safety 

5 equipment, enhanced driver fitness measures, tools, pro6 grams, or systems used by motor carriers to improve safety 

7 performance that— 

8 (1) provides for a petition for reviewing tech9 nology, advanced safety equipment, enhanced driver 

10 fitness measures, tools, programs, or systems; 

11 (2) seeks input and participation from industry 

12 stakeholders, including drivers, technology manufac13 turers, vehicle manufacturers, motor carriers, enforce14 ment communities, and safety advocates, and the 

15 Motor Carrier Safety Advisory Committee; and 

16 (3) includes technology, advanced safety equip17 ment, enhanced driver fitness measures, tools, pro18 grams, or systems with a date certain for future stat19 utory or regulatory implementation. 

20 (d) SAFETY IMPROVEMENT METRICS USE AND

21 VERIFICATION.—The Administrator, through notice and 

22 comment process, shall develop a process for— 

23 (1) providing recognition or credit within a 

24 motor carrier’s SMS score for the installation and use 
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1 of measures in paragraphs (1) through (4) of sub2 section (a); 

3 (2) ensuring that the safety improvement metrics 

4 developed under this section are presented with other 

5 SMS data; 

6 (3) verifying the installation or use of such tech7 nology, advanced safety equipment, enhanced driver 

8 fitness measures, tools, programs, or systems; 

9 (4) modifying or removing recognition or credit 

10 upon verification of noncompliance with this section; 

11 (5) ensuring that the credits or recognition re12 ferred to in paragraph (1) reflect the safety improve13 ment anticipated as a result of the installation or use 

14 of the specific technology, advanced safety equipment, 

15 enhanced driver fitness measure, tool, program, or 

16 system; 

17 (6) verifying the deployment and use of quali18 fying equipment or management systems by a motor 

19 carrier through a certification from the vehicle manu20 facturer, the system or service provider, the insurance 

21 carrier, or through documents submitted by the motor 

22 carrier to the Department of Transportation; 

23 (7) annually reviewing the list of qualifying 

24 safety technology, advanced safety equipment, en-
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1 hanced driver fitness measures, tools, programs, or 

2 systems; and 

3 (8) removing systems mandated by law or regu4 lation, or if such systems demonstrate a lack of effi5 cacy, from the list of qualifying technologies, ad6 vanced safety equipment, enhanced driver fitness 

7 measures, tools, programs, or systems eligible for cred8 it under the CSA program. 

9 (e) DISSEMINATION OF INFORMATION.—The Adminis10 trator shall maintain a public website that contains infor11 mation regarding— 

12 (1) the technology, advanced safety equipment, 

13 enhanced driver fitness measures, tools, programs, or 

14 systems eligible for credit and improved scores; 

15 (2) any petitions for study of the technology, ad16 vanced safety equipment, enhanced driver fitness 

17 measures, tools, programs, or systems; and 

18 (3) statistics and information relating to the use 

19 of such technology, advanced safety equipment, en20 hanced driver fitness measures, tools, programs, or 

21 systems. 

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

23 establishment of the Safety Improvement Metrics System 

24 (referred to in this section as ‘‘SIMS’’) under this section, 
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1 and annually thereafter, the Administrator shall publish, 

2 on a public website, a report that identifies— 

3 (1) the types of technology, advanced safety 

4 equipment, enhanced driver fitness measures, tools, 

5 programs, or systems that are eligible for credit; 

6 (2) the number of instances in which each tech7 nology, advanced safety equipment, enhanced driver 

8 fitness measure, tool, program, or system is used; 

9 (3) the number of motor carriers, and a descrip10 tion of the carrier’s fleet size, that received recognition 

11 or credit under the modified CSA program; and 

12 (4) the pre- and post-adoption safety perform13 ance of the motor carriers described in paragraph (3). 

14 (g) IMPLEMENTATION AND OVERSIGHT RESPONSI15 BILITY.—The Administrator shall ensure that the activities 

16 described in subsections (a) through (f) of this section are 

17 not required under section 31102 of title 49, United States 

18 Code, as amended by this Act. 

19 (h) EVALUATION.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the implementation of SIMS under this section, the 

22 Administrator shall conduct an evaluation of the ef23 fectiveness of SIMS by reviewing the impacts of SIMS 

24 on— 
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1 (A) law enforcement, commercial drivers 

2 and motor carriers, and motor carrier safety; 

3 and 

4 (B) safety and adoption of new technologies. 

5 (2) REPORT.—Not later than 30 months after the 

6 implementation of the program, the Administrator 

7 shall submit a report to the Committee on Commerce, 

8 Science, and Transportation of the Senate and the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives that describes— 

11 (A) the results of the evaluation conducted 

12 under paragraph (1); and 

13 (B) the actions the Federal Motor Carrier 

14 Safety Administration plans to take to modify 

15 the demonstration program based on such re16 sults. 

17 (i) USE OF ESTIMATES OF SAFETY EFFECTS.—In con18 ducting regulatory impact analyses for rulemakings relat19 ing to the technology, advanced safety equipment, enhanced 

20 driver fitness measures, tools, programs, or systems selected 

21 for credit under the CSA program, the Administrator, to 

22 the extent practicable, shall use the data gathered under this 

23 section and appropriate statistical methodology, including 

24 sufficient sample sizes, composition, and appropriate com25 parison groups, including representative motor carriers of 
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1 all sizes, to estimate the effects on safety performance and 

2 reduction in the number and severity of accidents with 

3 qualifying technology, advanced safety equipment, tools, 

4 programs, and systems. 

5 (j) SAVINGS PROVISION.—Nothing in this section may 

6 be construed to provide the Administrator with additional 

7 authority to change the requirements for the operation of 

8 a commercial motor vehicle. 

9 SEC. 32003. DATA CERTIFICATION. 

10 (a) LIMITATION.—Beginning not later than 1 day 

11 after the date of enactment of this Act, none of the analysis 

12 of violation information, enforcement prioritization, not-at13 fault crashes, alerts, or the relative percentile for each Be14 havioral Analysis and Safety Improvement Category devel15 oped through the CSA program may be made available to 

16 the general public, but violation and inspection information 

17 submitted by the States may be presented, until the Inspec18 tor General of the Department of Transportation certifies 

19 that— 

20 (1) any deficiencies identified in the correlation 

21 study required under section 32001 have been ad22 dressed; 

23 (2) the corrective action plan has been imple24 mented and the concerns raised by the correlation 

25 study under section 32001 have been addressed; 
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1 (3) the Administrator has fully implemented or 

2 satisfactorily addressed the issues raised in the Feb3 ruary 2014 GAO report entitled ‘‘Modifying the Com4 pliance, Safety, Accountability Program Would Im5 prove the Ability to Identify High Risk Carriers’’ 

6 (GAO–14–114), which called into question the accu7 racy and completeness of safety performance calcula8 tions; 

9 (4) the study required under section 32001 has 

10 been published on a public website; and 

11 (5) the CSA program has been modified in ac12 cordance with section 32002. 

13 (b) LIMITATION ON USE OF CSA ANALYSIS.—The en14 forcement prioritization, alerts, or the relative percentile for 

15 each Behavioral Analysis and Safety Improvement Cat16 egory developed through the CSA program within the SMS 

17 system may not be used for safety fitness determinations 

18 until the requirements under subsection (a) have been satis19 fied. 

20 (c) CONTINUED PUBLIC AVAILABILITY OF DATA.—In21 spection and violation information submitted to the Federal 

22 Motor Carrier Safety Administration by commercial motor 

23 vehicle inspectors and qualified law enforcement officials 

24 shall remain available for public viewing. 

25 (d) EXCEPTIONS.— 
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1 (1) IN GENERAL.—Notwithstanding the limita2 tions set forth in subsections (a) and (b)— 

3 (A) the Federal Motor Carrier Safety Ad4 ministration and State and local commercial 

5 motor vehicle enforcement agencies may only use 

6 the information referred to in subsection (a) for 

7 purposes of investigation and enforcement 

8 prioritization; 

9 (B) motor carriers and commercial motor 

10 vehicle drivers may access information referred 

11 to in subsection (a) that relates directly to the 

12 motor carrier or driver, respectively; and 

13 (C) the data analysis of motorcoach opera14 tors may be provided online, with a notation in15 dicating that the ratings or alerts listed are not 

16 intended to imply any Federal safety rating of 

17 the carrier. 

18 (2) NOTATION.—The notation described under 

19 paragraph (1)(C) shall include: ‘‘Readers should not 

20 draw conclusions about a carrier’s overall safety con21 dition simply based on the data displayed in this sys22 tem. Unless a motor carrier has received an UNSAT23 ISFACTORY safety rating under part 385 of title 49, 

24 Code of Federal Regulations, or has otherwise been or25 dered to discontinue operations by the Federal Motor 
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1 Carrier Safety Administration, it is authorized to op2 erate on the Nation’s roadways.’’. 

3 (3) LIMITATION.—Nothing in subparagraphs (A) 

4 and (B) of paragraph (1) may be construed to restrict 

5 the official use by State enforcement agencies of the 

6 data collected by State enforcement personnel. 

7 (e) CERTIFICATION.—The certification process de8 scribed in subsection (a) shall occur concurrently with the 

9 implementation of SIMS under section 32002. 

10 (f) COMPLETION.—The Secretary shall modify the CSA 

11 program in accordance with section 32002 not later than 

12 1 year after the date of completion of the report described 

13 in section 32001(c). 

14 SEC. 32004. DATA IMPROVEMENT. 

15 (a) FUNCTIONAL SPECIFICATIONS.—Not later than 

16 180 days after the date of enactment of this Act, the Admin17 istrator shall develop functional specifications to ensure the 

18 consistent and accurate input of data into systems and 

19 databases relating to the CSA program. 

20 (b) FUNCTIONALITY.—The specifications developed 

21 pursuant to subsection (a)— 

22 (1) shall provide for the hardcoding and smart 

23 logic functionality for roadside inspection data collec24 tion systems and databases; and 
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1 (2) shall be made available to public and private 

2 sector developers. 

3 (c) EFFECTIVE DATA MANAGEMENT.—The Adminis4 trator shall ensure that internal systems and databases ac5 cept and effectively manage data using uniform standards. 

6 (d) CONSULTATION WITH THE STATES.—Before im7 plementing the functional specifications described in sub8 section (a) or the standards described in subsection (c), the 

9 Administrator shall seek input from the State agencies re10 sponsible for enforcing section 31102 of title 49, United 

11 States Code. 

12 SEC. 32005. ACCIDENT REPORT INFORMATION. 

13 (a) REVIEW.—The Administrator shall initiate a dem14 onstration program that allows motor carriers and drivers 

15 to request a review of crashes, and the removal of crash data 

16 for use in the Federal Motor Carrier Safety Administra17 tion’s safety measurement system of crashes, and removal 

18 from any weighting, or carrier safety analysis, if the com19 mercial motor vehicle was operated legally and another mo20 torist in connection with the crash is found— 

21 (1) to have been driving under the influence; 

22 (2) to have been driving the wrong direction on 

23 a roadway; 

24 (3) to have struck the commercial motor vehicle 

25 in the rear; 
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1 (4) to have struck the commercial motor vehicle 

2 which was legally stopped; 

3 (5) by the investigating officer or agency to have 

4 been responsible for the crash; or 

5 (6) to have committed other violations deter6 mined by the Administrator. 

7 (b) DOCUMENTS.—As part of a request for review 

8 under subsection (a), the motor carrier or driver shall sub9 mit a copy of available police reports, crash investigations, 

10 judicial actions, insurance claim information, and any re11 lated court actions submitted by each party involved in the 

12 accident. 

13 (c) SOLICITATION OF OTHER INFORMATION.—Fol14 lowing a notice and comment period, the Administrator 

15 may solicit other types of information to be collected under 

16 subsection (b) to facilitate appropriate reviews under this 

17 section. 

18 (d) EVALUATION.—The Federal Motor Carrier Safety 

19 Administration shall review the information submitted 

20 under subsections (b) and (c). 

21 (e) RESULTS.—Subject to subsection (h)(2), the results 

22 of the review under subsection (a)— 

23 (1) shall be used to recalculate the motor car24 rier’s crash BASIC percentile; 
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1 (2) if the carrier is determined not to be respon2 sible for the crash incident, such information, shall be 

3 reflected on the website of the Federal Motor Carrier 

4 Safety Administration; and 

5 (3) shall not be admitted as evidence or otherwise 

6 used in a civil action. 

7 (f) FEE SYSTEM.— 

8 (1) ESTABLISHMENT.—The Administrator may 

9 establish a fee system, in accordance with section 

10 9701 of title 31, United States Code, in which a 

11 motor carrier is charged a fee for each review of a 

12 crash requested by such motor carrier under this sec13 tion. 

14 (2) DISPOSITION OF FEES.—Fees collected under 

15 this section— 

16 (A) may be credited to the Department of 

17 Transportation appropriations account for pur18 pose of carrying out this section; and 

19 (B) shall be used to fully fund the operation 

20 of the review program authorized under this sec21 tion. 

22 (g) REVIEW AND REPORT.—Not earlier than 2 years 

23 after the establishment of the demonstration program under 

24 this section, the Administrator shall— 
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1 (1) conduct a review of the internal crash review 

2 program to determine if other crash types should be 

3 included; and 

4 (2) submit a report to Congress that describes— 

5 (A) the number of crashes reviewed; 

6 (B) the number of crashes for which the 

7 commercial motor vehicle operator was deter8 mined not to be at fault; and 

9 (C) relevant information relating to the 

10 program, including the cost to operate the pro11 gram and the fee structure established. 

12 (h) IMPLEMENTATION AND OVERSIGHT RESPONSI13 BILITY.— 

14 (1) IN GENERAL.—The Administrator shall en15 sure that the activities described in subsections (a) 

16 through (d) of this section are not required under sec17 tion 31102 of title 49, United States Code, as amend18 ed by this Act. 

19 (2) REVIEWS INVOLVING FATALITIES.—If a re20 view under subsection (a) involves a fatality, the In21 spector General of the Department of Transportation 

22 shall audit and certify the review prior to making 

23 any changes under subsection (e). 
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1 SEC. 32006. POST-ACCIDENT REPORT REVIEW. 

2 (a) IN GENERAL.—Not later than 120 days after the 

3 date of enactment of this Act, the Secretary shall convene 

4 a working group— 

5 (1) to review the data elements of post-accident 

6 reports, for tow-away accidents involving commercial 

7 motor vehicles, that are reported to the Federal Gov8 ernment; and 

9 (2) to report to the Secretary its findings and 

10 any recommendations, including best practices for 

11 State post-accident reports to achieve the data ele12 ments described in subsection (c). 

13 (b) COMPOSITION.—Not less than 51 percent of the 

14 working group should be composed of individuals rep15 resenting the States or State law enforcement officials. The 

16 remaining members of the working group shall represent 

17 industry, labor, safety advocates, and other interested par18 ties. 

19 (c) CONSIDERATIONS.—The working group shall con20 sider requiring additional data elements, including— 

21 (1) the primary cause of the accident, if the pri22 mary cause can be determined; 

23 (2) the physical characteristics of the commercial 

24 motor vehicle and any other vehicle involved in the 

25 accident, including— 

26 (A) the vehicle configuration; 
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1 (B) the gross vehicle weight if the weight 

2 can be readily determined; 

3 (C) the number of axles; and 

4 (D) the distance between axles, if the dis5 tance can be readily determined; and 

6 (3) any data elements that could contribute to 

7 the appropriate consideration of requests under sec8 tion 32005. 

9 (d) REPORT.—Not later than 1 year after the date of 

10 enactment of this Act, the Secretary shall— 

11 (1) review the findings of the working group; 

12 (2) identify the best practices for State post-acci13 dent reports that are reported to the Federal Govern14 ment, including identifying the data elements that 

15 should be collected following a tow-away commercial 

16 motor vehicle accident; and 

17 (3) recommend to the States the adoption of new 

18 data elements to be collected following reportable com19 mercial motor vehicle accidents. 

20 SEC. 32007. RECOGNIZING EXCELLENCE IN SAFETY. 

21 (a) IN GENERAL.—The Administrator shall establish 

22 a program to publicly recognize motor carriers and drivers 

23 whose safety records and programs exceed compliance with 

24 the Federal Motor Carrier Safety Administration’s safety 
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1 regulations and demonstrate clear and outstanding safety 

2 practices. 

3 (b) RESTRICTION.—The program established under 

4 subsection (a) may not be deemed to be an endorsement of, 

5 or a preference for, motor carriers or drivers recognized 

6 under the program. 

7 SEC. 32008. HIGH RISK CARRIER REVIEWS. 

8 (a) IN GENERAL.—After the completion of the certifi9 cation under section 32003 of this Act, and the establish10 ment of the Safety Fitness Determination program, the Sec11 retary shall ensure that a review is completed on each motor 

12 carrier that demonstrates through performance data that it 

13 poses the highest safety risk. At a minimum, a review shall 

14 be conducted whenever a motor carrier is among the highest 

15 risk carriers for 4 consecutive months. 

16 (b) REPORT.—Not later than 180 days after the com17 pletion of the certification under section 32003 of this Act 

18 and the establishment of the Safety Fitness Determination 

19 program, the Secretary shall post on a public website a re20 port on the actions the Secretary has taken to comply with 

21 this section, including the number of high risk carriers 

22 identified and the high risk carriers reviewed. 

23 (c) CONFORMING AMENDMENT.—Section 4138 of the 

24 Safe, Accountable, Flexible, Efficient Transportation Eq-
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1 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is re2 pealed. 

3 Subtitle B—Transparency and 

4 Accountability 

5 SEC. 32201. PETITIONS FOR REGULATORY RELIEF. 

6 (a) APPLICATIONS FOR REGULATORY RELIEF.—Not7 withstanding subpart C of part 381 of title 49, Code of Fed8 eral Regulations, the Secretary shall allow an applicant 

9 representing a class or group of motor carriers to apply 

10 for a specific exemption from any provision of the regula11 tions under part 395 of title 49, Code of Federal Regula12 tions, for commercial motor vehicle drivers. 

13 (b) REVIEW PROCESS.— 

14 (1) IN GENERAL.—The Secretary shall establish 

15 the procedures for the application for and the review 

16 of an exemption under subsection (a). 

17 (2) PUBLICATION.—Not later than 30 days after 

18 the date of receipt of an application for an exemption, 

19 the Secretary shall publish the application in the 

20 Federal Register and provide the public with an op21 portunity to comment. 

22 (3) PUBLIC COMMENT.— 

23 (A) IN GENERAL.—Each application shall 

24 be available for public comment for a 30-day pe25 riod, but the Secretary may extend the oppor-
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1 tunity for public comment for up to 60 days if 

2 it is a significant or complex request. 

3 (B) REVIEW.—Beginning on the date that 

4 the public comment period under subparagraph 

5 (A) ends, the Secretary shall have 60 days to re6 view all of the comments received. 

7 (4) DETERMINATION.—At the end of the 60-day 

8 period under paragraph (3)(B), the Secretary shall 

9 publish a determination in the Federal Register, in10 cluding— 

11 (A) the reason for granting or denying the 

12 application; and 

13 (B) if the application is granted— 

14 (i) the specific class of persons eligible 

15 for the exemption; 

16 (ii) each provision of the regulations to 

17 which the exemption applies; and 

18 (iii) any conditions or limitations ap19 plied to the exemption. 

20 (5) CONSIDERATIONS.—In making a determina21 tion whether to grant or deny an application for an 

22 exemption, the Secretary shall consider the safety im23 pacts of the request and may provide appropriate 

24 conditions or limitations on the use of the exemption. 
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1 (c) OPPORTUNITY FOR RESUBMISSION.—If an appli2 cation is denied and the applicant can reasonably address 

3 the reason for the denial, the Secretary may allow the appli4 cant to resubmit the application. 

5 (d) PERIOD OF APPLICABILITY.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2) of this subsection and subsection (f), each 

8 exemption granted under this section shall be valid 

9 for a period of 5 years unless the Secretary identifies 

10 a compelling reason for a shorter exemption period. 

11 (2) RENEWAL.—At the end of the 5-year period 

12 under paragraph (1)— 

13 (A) the Secretary, at the Secretary’s discre14 tion, may renew the exemption for an additional 

15 5-year period; or 

16 (B) an applicant may apply under sub17 section (a) for a permanent exemption from each 

18 applicable provision of the regulations. 

19 (e) LIMITATION.—No exemption under this section 

20 may be granted to or used by any motor carrier that has 

21 an unsatisfactory or conditional safety fitness determina22 tion. 

23 (f) PERMANENT EXEMPTIONS.— 

24 (1) IN GENERAL.—The Secretary shall make per25 manent the following limited exceptions: 
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1 (A) Department of Defense Military Surface 

2 Deployment and Distribution Command trans3 port of weapons, munitions, and sensitive classi4 fied cargo as published in the Federal Register 

5 Volume 80 on April 16, 2015 (80 Fed. Reg. 

6 20556). 

7 (B) Department of Energy transport of se8 curity-sensitive radioactive materials as pub9 lished in the Federal Register Volume 80 on 

10 June 22, 2015 (80 Fed. Reg. 35703). 

11 (C) Motor carriers that transport hazardous 

12 materials shipments requiring security plans 

13 under regulations of the Pipeline and Hazardous 

14 Materials Safety Administration as published in 

15 the Federal Register Volume 80 on May 1, 2015 

16 (80 Fed. Reg. 25004). 

17 (D) Perishable construction products as 

18 published in the Federal Register Volume 80 on 

19 April 2, 2015 (80 Fed. Reg. 17819). 

20 (E) Passenger vehicle record of duty status 

21 change as published in the Federal Register Vol22 ume 80 on June 4, 2015 (80 Fed. Reg. 31961). 

23 (F) Transport of commercial bee hives as 

24 published in the Federal Register Volume 80 on 

25 June 19, 2018. (80 Fed. Reg. 35425). 
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1 (G) Specialized carriers and drivers respon2 sible for transporting loads requiring special per3 mits as published in the Federal Register Volume 

4 80 on June 18, 2015 (80 Fed. Reg. 34957). 

5 (H) Safe transport of livestock as published 

6 in the Federal Register Volume 80 on June 12, 

7 2015 (80 Fed. Reg. 33584). 

8 (2) ADDITIONAL EXEMPTIONS.—The Secretary 

9 may make any temporary exemption from any provi10 sion of the regulations under part 395 of title 49, 

11 Code of Federal Regulations, for commercial motor 

12 vehicle drivers that is in effect on the date of enact13 ment of this Act permanent if the Secretary deter14 mines that the permanent exemption will not degrade 

15 safety. The Secretary shall provide public notice and 

16 comment on a list of the additional temporary exemp17 tions to be made permanent under this paragraph. 

18 (3) REVOCATION OF EXEMPTIONS.—The Sec19 retary may revoke an exemption issued under this 

20 section if the Secretary can demonstrate that the ex21 emption has had a negative impact on safety. 

22 SEC. 32202. INSPECTOR STANDARDS. 

23 Not later than 90 days after the date of enactment of 

24 this Act, the Administrator of the Federal Motor Carrier 

25 Safety Administration shall revise the regulations under 
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1 part 385 of title 49, Code of Federal Regulations, as nec2 essary, to incorporate by reference the certification stand3 ards for roadside inspectors issued by the Commercial Vehi4 cle Safety Alliance. 

5 SEC. 32203. TECHNOLOGY IMPROVEMENTS. 

6 (a) IN GENERAL.—Not later than 1 year after the date 

7 of enactment of this Act, the Government Accountability Of8 fice shall conduct a comprehensive analysis on the Federal 

9 Motor Carrier Safety Administration’s information tech10 nology and data collection and management systems. 

11 (b) REQUIREMENTS.—The study conducted under sub12 section (a) shall— 

13 (1) evaluate the efficacy of the existing informa14 tion technology, data collection, processing systems, 

15 and data management systems and programs, includ16 ing their interaction with each other and their effi17 cacy in meeting user needs; 

18 (2) identify any redundancies among the systems 

19 and programs described in paragraph (1); 

20 (3) explore the feasibility of consolidating data 

21 collection and processing systems; 

22 (4) evaluate the ability of the systems and pro23 grams described in paragraph (1) to meet the needs 

24 of— 
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1 (A) the Federal Motor Carrier Safety Ad2 ministration, at both the headquarters and State 

3 level; 

4 (B) the State agencies that implement the 

5 Motor Carrier Safety Assistance Program under 

6 section 31102 of title 49, United States Code; 

7 and 

8 (C) other users; 

9 (5) evaluate the adaptability of the systems and 

10 programs described in paragraph (1), in order to 

11 make necessary future changes to ensure user needs 

12 are met in an easier, timely, and more cost efficient 

13 manner; 

14 (6) investigate and make recommendations re15 garding— 

16 (A) deficiencies in existing data sets im17 pacting program effectiveness; and 

18 (B) methods to improve any and all user 

19 interfaces; and 

20 (7) evaluate the appropriate role the Federal 

21 Motor Carrier Safety Administration should take 

22 with respect to software and information systems de23 sign, development, and maintenance for the purpose 

24 of improving the efficacy of the systems and programs 

25 described in paragraph (1). 
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1 Subtitle C—Trucking Rules Up2 dated by Comprehensive and Key 

3 Safety Reform 

4 SEC. 32301. UPDATE ON STATUTORY REQUIREMENTS. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, and every 90 days thereafter 

7 until a final rule has been issued for each of the require8 ments described under paragraphs (1) through (5), the Ad9 ministrator of the Federal Motor Carrier Safety Adminis10 tration shall submit to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives a report on the status of a final rule 

14 for— 

15 (1) the minimum entry-level training require16 ments for an individual operating a commercial 

17 motor vehicle under section 31305(c) of title 49, 

18 United States Code; 

19 (2) motor carrier safety fitness determinations; 

20 (3) visibility of agricultural equipment under 

21 section 31601 of division C of the Moving Ahead for 

22 Progress in the 21st Century Act (49 U.S.C. 30111 

23 note); 

24 (4) regulations to require commercial motor ve25 hicles in interstate commerce and operated by a driv-
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1 er subject to the hours of service and record of duty 

2 status requirements under part 395 of title 49, Code 

3 of Federal Regulations, be equipped with an electronic 

4 control module capable of limiting the maximum 

5 speed of the vehicle; and 

6 (5) any outstanding commercial motor vehicle 

7 safety regulation required by law and incomplete for 

8 more than 2 years. 

9 (b) CONTENTS.—Each report under subsection (a) 

10 shall include a description of the work plan, an updated 

11 rulemaking timeline, current staff allocations, any resource 

12 constraints, and any other details associated with the devel13 opment of the rulemaking. 

14 SEC. 32302. STATUTORY RULEMAKING. 

15 The Administrator of the Federal Motor Carrier Safety 

16 Administration shall prioritize the use of Federal Motor 

17 Carrier Safety Administration resources for the completion 

18 of each outstanding statutory requirement for a rulemaking 

19 before beginning any new rulemaking unless the Secretary 

20 certifies to Congress that there is a significant need to move 

21 forward with a new rulemaking. 

22 SEC. 32303. GUIDANCE REFORM. 

23 (a) GUIDANCE.— 

24 (1) POINT OF CONTACT.—Each guidance docu25 ment, other than a regulatory action, issued by the 
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1 Federal Motor Carrier Safety Administration shall 

2 have a date of publication or a date of revision, as 

3 applicable, and the name and contact information of 

4 a point of contact at the Federal Motor Carrier Safe5 ty Administration who can respond to questions re6 garding the general applicability of the guidance. 

7 (2) PUBLIC ACCESSIBILITY.— 

8 (A) IN GENERAL.—Each guidance document 

9 and interpretation issued by the Federal Motor 

10 Carrier Safety Administration shall be published 

11 on the Department of Transportation’s public 

12 website on the date of issuance. 

13 (B) REDACTION.—The Administrator of the 

14 Federal Motor Carrier Safety Administration 

15 may redact from a guidance document or inter16 pretation under subparagraph (A) any informa17 tion that would reveal investigative techniques 

18 that would compromise Federal Motor Carrier 

19 Safety Administration enforcement efforts. 

20 (3) RULEMAKING.—Not later than 5 years after 

21 the date that a guidance document is published under 

22 paragraph (2) or during the comprehensive review 

23 under subsection (c), whichever is earlier, the Sec24 retary, in consultation with the Administrator, shall 
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1 revise the applicable regulations to incorporate the 

2 guidance document to the extent practicable. 

3 (4) REISSUANCE.—If a guidance document is 

4 not incorporated into the applicable regulations under 

5 paragraph (3), the Secretary shall— 

6 (A) reissue an updated guidance document; 

7 and 

8 (B) review and reissue an updated guidance 

9 document every 5 years during the comprehen10 sive review process under subsection (c) until the 

11 date that the guidance document is removed or 

12 incorporated into the applicable regulations 

13 under paragraph (3) of this subsection. 

14 (b) UPDATE.—Not later than 1 year after the date of 

15 enactment of this Act, the Secretary shall review regula16 tions, guidance, and enforcement policies published on the 

17 Department of Transportation’s public website to ensure the 

18 regulations, guidance, and enforcement policies are current, 

19 readily accessible to the public, and meet the standards 

20 under subsection (c)(1). 

21 (c) REVIEW.— 

22 (1) IN GENERAL.—Subject to paragraph (2), not 

23 less than once every 5 years, the Administrator of the 

24 Federal Motor Carrier Safety Administration shall 
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1 conduct a comprehensive review of its guidance and 

2 enforcement policies to determine whether— 

3 (A) the guidance and enforcement policies 

4 are consistent and clear; 

5 (B) the guidance is uniformly and consist6 ently enforceable; and 

7 (C) the guidance is still necessary. 

8 (2) NOTICE AND COMMENT.—Prior to beginning 

9 the review, the Administrator shall publish in the 

10 Federal Register a notice and request for comment so11 liciting input from stakeholders on which regulations 

12 should be updated or eliminated. 

13 (3) PRIORITIZATION OF OUTSTANDING PETI14 TIONS.—As part of the review under paragraph (1), 

15 the Administrator shall prioritize consideration of 

16 each outstanding petition (as defined in section 

17 32304(b) of this Act) submitted by a stakeholder for 

18 rulemaking. 

19 (4) REPORT.— 

20 (A) IN GENERAL.—Not later than 60 days 

21 after the date that a review under paragraph (1) 

22 is complete, the Administrator shall publish on 

23 the Department of Transportation’s public 

24 website a report detailing the review and a full 

25 inventory of guidance and enforcement policies. 
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1 (B) INCLUSIONS.—The report under sub2 paragraph (A) of this paragraph shall include a 

3 summary of the response of the Federal Motor 

4 Carrier Safety Administration to each comment 

5 received under paragraph (2) indicating each re6 quest the Federal Motor Carrier Safety Adminis7 tration is granting. 

8 SEC. 32304. PETITIONS. 

9 (a) IN GENERAL.—The Administrator of the Federal 

10 Motor Carrier Safety Administration shall— 

11 (1) publish on the Department of Transpor12 tation’s public website all petitions for regulatory ac13 tion submitted; 

14 (2) prioritize stakeholder petitions based on the 

15 likelihood of providing safety improvements; 

16 (3) formally respond to each petition by indi17 cating whether the Administrator will accept, deny, 

18 or further review, the petition not later than 180 days 

19 after the date the petition is published under para20 graph (1); 

21 (4) prioritize resulting actions consistent with 

22 an action’s potential to reduce crashes, improve en23 forcement, and reduce unnecessary burdens; and 

24 (5) not later than 60 days after the date of re25 ceipt, publish, and update as necessary, on the De-
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1 partment of Transportation’s public website an in2 ventory of the petitions described in paragraph (1), 

3 including any applicable disposition information for 

4 that petition. 

5 (b) DEFINITION OF PETITION.—In this section, the 

6 term ‘‘petition’’ means a request for new regulations, regu7 latory interpretations or clarifications, or retrospective re8 view of regulations to eliminate or modify obsolete, ineffec9 tive, or overly-burdensome rules. 

10 SEC. 32305. REGULATORY REFORM. 

11 (a) REGULATORY IMPACT ANALYSIS.— 

12 (1) IN GENERAL.—Within each regulatory im13 pact analysis of a proposed or final rule issued by the 

14 Federal Motor Carrier Safety Administration, the 

15 Secretary shall whenever practicable— 

16 (A) consider effects of the proposed or final 

17 rule on a carrier with differing characteristics; 

18 and 

19 (B) formulate estimates and findings on the 

20 best available science. 

21 (2) SCOPE.—To the extent feasible and appro22 priate, and consistent with law, the analysis described 

23 in paragraph (1) shall— 

24 (A) use data generated from a representa25 tive sample of commercial vehicle operators, 
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1 motor carriers, or both, that will be covered 

2 under the proposed or final rule; and 

3 (B) consider effects on commercial truck 

4 and bus carriers of various sizes and types. 

5 (b) PUBLIC PARTICIPATION.— 

6 (1) IN GENERAL.—Before promulgating a pro7 posed rule under part B of subtitle VI of title 49, 

8 United States Code, if the proposed rule is likely to 

9 lead to the promulgation of a major rule the Sec10 retary shall— 

11 (A) issue an advance notice of proposed 

12 rulemaking; or 

13 (B) determine to proceed with a negotiated 

14 rulemaking. 

15 (2) REQUIREMENTS.—Each advance notice of 

16 proposed rulemaking issued under paragraph (1) 

17 shall— 

18 (A) identify the compelling public concern 

19 for a potential regulatory action, such as failures 

20 of private markets to protect or improve the safe21 ty of the public, the environment, or the well22 being of the American people; 

23 (B) identify and request public comment on 

24 the best available science or technical informa-
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1 tion on the need for regulatory action and on the 

2 potential regulatory alternatives; 

3 (C) request public comment on the benefits 

4 and costs of potential regulatory alternatives 

5 reasonably likely to be included or analyzed as 

6 part of the notice of proposed rulemaking; and 

7 (D) request public comment on the available 

8 alternatives to direct regulation, including pro9 viding economic incentives to encourage the de10 sired behavior. 

11 (3) WAIVER.—This subsection shall not apply 

12 when the Secretary, for good cause, finds (and incor13 porates the finding and a brief statement of reasons 

14 for such finding in the proposed or final rule) an ad15 vance notice of proposed rulemaking impracticable, 

16 unnecessary, or contrary to the public interest. 

17 (c) SAVINGS CLAUSE.—Nothing in this section may be 

18 construed to limit the contents of any Advance Notice of 

19 Proposed Rulemaking. 

20 Subtitle D—State Authorities 

21 SEC. 32401. EMERGENCY ROUTE WORKING GROUP. 

22 (a) IN GENERAL.— 

23 (1) ESTABLISHMENT.—Not later than 1 year 

24 after the date of enactment of this Act, the Secretary 

25 shall establish a working group to determine best 
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1 practices for expeditious State approval of special 

2 permits for vehicles involved in emergency response 

3 and recovery. 

4 (2) MEMBERS.—The working group shall include 

5 representatives from— 

6 (A) State highway transportation depart7 ments or agencies; 

8 (B) relevant modal agencies within the De9 partment of Transportation; 

10 (C) emergency response or recovery experts; 

11 (D) relevant safety groups; and 

12 (E) persons affected by special permit re13 strictions during emergency response and recov14 ery efforts. 

15 (b) CONSIDERATIONS.—In determining best practices 

16 under subsection (a), the working group shall consider 

17 whether— 

18 (1) hurdles currently exist that prevent the expe19 ditious State approval for special permits for vehicles 

20 involved in emergency response and recovery; 

21 (2) it is possible to pre-identify and establish 

22 emergency routes between States through which infra23 structure repair materials could be delivered following 

24 a natural disaster or an emergency; 
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1 (3) a State could pre-designate an emergency 

2 route identified under paragraph (1) as a certified 

3 emergency route if a motor vehicle that exceeds the 

4 otherwise applicable Federal and State truck length 

5 or width limits may safely operate along such route 

6 during period of emergency recovery; and 

7 (4) an online map could be created to identify 

8 each pre-designated emergency route under paragraph 

9 (2), including information on specific limitations, ob10 ligations, and notification requirements along that 

11 route. 

12 (c) REPORT.—Not later than 1 year after the date of 

13 enactment of this Act, the working group shall submit to 

14 the Secretary a report of its findings under this section and 

15 any recommendations for the implementation of the best 

16 practices for expeditious State approval of special permits 

17 for vehicles involved in emergency recovery. Upon receipt, 

18 the Secretary shall publish the report on a public website. 

19 (d) FEDERAL ADVISORY COMMITTEE ACT EXEMP20 TION.—The Federal Advisory Committee Act (5 U.S.C. 

21 App.) shall not apply to the working group established 

22 under this section. 

23 SEC. 32402. ADDITIONAL STATE AUTHORITY. 

24 Notwithstanding any other provision of law, not later 

25 than 180 days after the date of enactment of this Act, any 
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1 State impacted by section 4006 of the Intermodal Surface 

2 Transportation Efficiency Act of 1991 (Public Law 102– 

3 240; 105 Stat. 2148) shall be provided the option to update 

4 the routes listed in the final list as long as the update shifts 

5 routes to divided highways or does not increase centerline 

6 miles by more than 5 percent and the change is expected 

7 to increase safety performance. 

8 SEC. 32403. COMMERCIAL DRIVER ACCESS. 

9 (a) INTERSTATE COMPACT PILOT PROGRAM.— 

10 (1) IN GENERAL.—The Administrator of the Fed11 eral Motor Carrier Safety Administration may estab12 lish a 6-year pilot program to study the feasibility, 

13 benefits, and safety impacts of allowing a licensed 

14 driver between the ages of 18 and 21 to operate a 

15 commercial motor vehicle in interstate commerce. 

16 (2) INTERSTATE COMPACTS.—The Secretary 

17 shall allow States, including the District of Columbia, 

18 to enter into an interstate compact with contiguous 

19 States to allow a licensed driver between the ages of 

20 18 and 21 to operate a motor vehicle across the appli21 cable State lines. The Secretary shall approve as 

22 many as 3 interstate compacts, with no more than 4 

23 States per compact participating in each interstate 

24 compact. 
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1 (3) MUTUAL RECOGNITION OF LICENSES.—A 

2 valid intrastate commercial driver’s licenses issued by 

3 a State participating in an interstate compact under 

4 paragraph (2) shall be recognized as valid not more 

5 than 100 air miles from the border of the driver’s 

6 State of licensure in each State that is participating 

7 in that interstate compact. 

8 (4) STANDARDS.—In developing an interstate 

9 compact under this subsection, participating States 

10 shall provide for minimum licensure standards ac11 ceptable for interstate travel under this section, which 

12 may include, for a licensed driver between the ages of 

13 18 and 21 participating in the pilot program— 

14 (A) age restrictions; 

15 (B) distance from origin (measured in air 

16 miles); 

17 (C) reporting requirements; or 

18 (D) additional hours of service restrictions. 

19 (5) LIMITATIONS.—An interstate compact under 

20 paragraph (2) may not permit special configuration 

21 or hazardous cargo operations to be transported by a 

22 licensed driver under the age of 21. 

23 (6) ADDITIONAL REQUIREMENTS.—The Secretary 

24 may— 
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1 (A) prescribe such additional requirements, 

2 including training, for a licensed driver between 

3 the ages of 18 and 21 participating in the pilot 

4 program as the Secretary considers necessary; 

5 and 

6 (B) provide risk mitigation restrictions and 

7 limitations. 

8 (b) APPROVAL.—An interstate compact under sub9 section (a)(2) may not go into effect until it has been ap10 proved by the governor of each State (or the Mayor of the 

11 District of Columbia, if applicable) that is a party to the 

12 interstate compact, after consultation with the Secretary of 

13 Transportation and the Administrator of the Federal Motor 

14 Carrier Safety Administration. 

15 (c) DATA COLLECTION.—The Secretary shall collect 

16 and analyze data relating to accidents (as defined in section 

17 390.5 of title 49, Code of Federal Regulations) in which 

18 a driver under the age of 21 participating in the pilot pro19 gram is involved. 

20 (d) REPORT.—Beginning 3 years after the date the 

21 first compact is established and approved, the Secretary 

22 shall submit to Congress a report containing the data collec23 tion and findings of the pilot program, a determination of 

24 whether a licensed driver between the ages of 18 and 21 

25 can operate a commercial motor vehicle in interstate com-
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1 merce with an equivalent level of safety, and the reasons 

2 for that determination. The Secretary may extend the air 

3 mileage requirements under subsection (a)(3) to expand op4 eration areas and gather additional data for analysis. 

5 (e) TERMINATION.—The Secretary may terminate the 

6 pilot program if the data collected under subsection (c) in7 dicates that drivers under the age of 21 do not operate in 

8 interstate commerce with an equivalent level of safety of 

9 those drivers age 21 and over. 

10 Subtitle E—Motor Carrier Safety 

11 Grant Consolidation 

12 SEC. 32501. DEFINITIONS. 

13 (a) IN GENERAL.—Section 31101 is amended— 

14 (1) by redesignating paragraph (4) as para15 graph (5); and 

16 (2) by inserting after paragraph (3) the fol17 lowing: 

18 ‘‘(4) ‘Secretary’ means the Secretary of Trans19 portation.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 Section 31101, as amended by subsection (a), is amended— 

22 (1) in paragraph (1)(B), by inserting a comma 

23 after ‘‘passengers’’; and 

24 (2) in paragraph (1)(C), by striking ‘‘of Trans25 portation’’. 
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1 SEC. 32502. GRANTS TO STATES. 

2 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO3 GRAM.—Section 31102 is amended to read as follows: 

4 ‘‘§ 31102. Motor Carrier Safety Assistance Program 

5 ‘‘(a) IN GENERAL.—The Secretary shall administer a 

6 motor carrier safety assistance program funded under sec7 tion 31104. 

8 ‘‘(b) GOAL.—The goal of the program is to ensure that 

9 the Secretary, States, local governments, other political ju10 risdictions, federally-recognized Indian tribes, and other 

11 persons work in partnership to establish programs to im12 prove motor carrier, commercial motor vehicle, and driver 

13 safety to support a safe and efficient surface transportation 

14 system— 

15 ‘‘(1) by making targeted investments to promote 

16 safe commercial motor vehicle transportation, includ17 ing the transportation of passengers and hazardous 

18 materials; 

19 ‘‘(2) by investing in activities likely to generate 

20 maximum reductions in the number and severity of 

21 commercial motor vehicle crashes and fatalities result22 ing from such crashes; 

23 ‘‘(3) by adopting and enforcing effective motor 

24 carrier, commercial motor vehicle, and driver safety 

25 regulations and practices consistent with Federal re26 quirements; and 
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1 ‘‘(4) by assessing and improving statewide per2 formance by setting program goals and meeting per3 formance standards, measures, and benchmarks. 

4 ‘‘(c) STATE PLANS.— 

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

6 procedures for a State to submit a multiple-year 

7 plan, and annual updates thereto, under which the 

8 State agrees to assume responsibility for improving 

9 motor carrier safety, adopting and enforcing compat10 ible regulations, standards, and orders of the Federal 

11 Government on commercial motor vehicle safety and 

12 hazardous materials transportation safety. 

13 ‘‘(2) CONTENTS.—The Secretary shall approve a 

14 plan if the Secretary determines that the plan is ade15 quate to comply with the requirements of this section, 

16 and the plan— 

17 ‘‘(A) implements performance-based activi18 ties, including deployment and maintenance of 

19 technology to enhance the efficiency and effective20 ness of commercial motor vehicle safety pro21 grams; 

22 ‘‘(B) designates a lead State commercial 

23 motor vehicle safety agency responsible for ad24 ministering the plan throughout the State; 
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1 ‘‘(C) contains satisfactory assurances that 

2 the lead State commercial motor vehicle safety 

3 agency has or will have the legal authority, re4 sources, and qualified personnel necessary to en5 force the regulations, standards, and orders; 

6 ‘‘(D) contains satisfactory assurances that 

7 the State will devote adequate resources to the 

8 administration of the plan and enforcement of 

9 the regulations, standards, and orders; 

10 ‘‘(E) provides a right of entry and inspec11 tion to carry out the plan; 

12 ‘‘(F) provides that all reports required 

13 under this section be available to the Secretary 

14 on request; 

15 ‘‘(G) provides that the lead State commer16 cial motor vehicle safety agency will adopt the 

17 reporting requirements and use the forms for rec18 ordkeeping, inspections, and investigations that 

19 the Secretary prescribes; 

20 ‘‘(H) requires all registrants of commercial 

21 motor vehicles to demonstrate knowledge of ap22 plicable safety regulations, standards, and orders 

23 of the Federal Government and the State; 

24 ‘‘(I) provides that the State will grant max25 imum reciprocity for inspections conducted 
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1 under the North American Inspection Standards 

2 through the use of a nationally-accepted system 

3 that allows ready identification of previously in4 spected commercial motor vehicles; 

5 ‘‘(J) ensures that activities described in sub6 section (h), if financed through grants to the 

7 State made under this section, will not diminish 

8 the effectiveness of the development and imple9 mentation of the programs to improve motor car10 rier, commercial motor vehicle, and driver safety 

11 as described in subsection (b); 

12 ‘‘(K) ensures that the lead State commercial 

13 motor vehicle safety agency will coordinate the 

14 plan, data collection, and information systems 

15 with the State highway safety improvement pro16 gram required under section 148(c) of title 23; 

17 ‘‘(L) ensures participation in appropriate 

18 Federal Motor Carrier Safety Administration in19 formation technology and data systems and other 

20 information systems by all appropriate jurisdic21 tions receiving Motor Carrier Safety Assistance 

22 Program funding; 

23 ‘‘(M) ensures that information is exchanged 

24 among the States in a timely manner; 
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1 ‘‘(N) provides satisfactory assurances that 

2 the State will undertake efforts that will empha3 size and improve enforcement of State and local 

4 traffic safety laws and regulations related to 

5 commercial motor vehicle safety; 

6 ‘‘(O) provides satisfactory assurances in the 

7 plan that the State will address national prior8 ities and performance goals, including— 

9 ‘‘(i) activities aimed at removing im10 paired commercial motor vehicle drivers 

11 from the highways of the United States 

12 through adequate enforcement of regulations 

13 on the use of alcohol and controlled sub14 stances and by ensuring ready roadside ac15 cess to alcohol detection and measuring 

16 equipment; 

17 ‘‘(ii) activities aimed at providing an 

18 appropriate level of training to State motor 

19 carrier safety assistance program officers 

20 and employees on recognizing drivers im21 paired by alcohol or controlled substances; 

22 and 

23 ‘‘(iii) when conducted with an appro24 priate commercial motor vehicle inspection, 

25 criminal interdiction activities, and appro-
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1 priate strategies for carrying out those 

2 interdiction activities, including interdic3 tion activities that affect the transportation 

4 of controlled substances (as defined under 

5 section 102 of the Comprehensive Drug 

6 Abuse Prevention and Control Act of 1970 

7 (21 U.S.C. 802) and listed in part 1308 of 

8 title 21, Code of Federal Regulations, as up9 dated and republished from time to time) 

10 by any occupant of a commercial motor ve11 hicle; 

12 ‘‘(P) provides that the State has established 

13 and dedicated sufficient resources to a program 

14 to ensure that— 

15 ‘‘(i) the State collects and reports to 

16 the Secretary accurate, complete, and timely 

17 motor carrier safety data; and 

18 ‘‘(ii) the State participates in a na19 tional motor carrier safety data correction 

20 system prescribed by the Secretary; 

21 ‘‘(Q) ensures that the State will cooperate 

22 in the enforcement of financial responsibility re23 quirements under sections 13906, 31138, and 

24 31139 of this title, and regulations issued under 

25 these sections; 
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1 ‘‘(R) ensures consistent, effective, and rea2 sonable sanctions; 

3 ‘‘(S) ensures that roadside inspections will 

4 be conducted at locations that are adequate to 

5 protect the safety of drivers and enforcement per6 sonnel; 

7 ‘‘(T) provides that the State will include in 

8 the training manuals for the licensing examina9 tion to drive both noncommercial motor vehicles 

10 and commercial motor vehicles information on 

11 best practices for driving safely in the vicinity of 

12 noncommercial and commercial motor vehicles; 

13 ‘‘(U) provides that the State will enforce the 

14 registration requirements of sections 13902 and 

15 31134 of this title by prohibiting the operation 

16 of any vehicle discovered to be operated by a 

17 motor carrier without a registration issued 

18 under those sections or to be operated beyond the 

19 scope of the motor carrier’s registration; 

20 ‘‘(V) provides that the State will conduct 

21 comprehensive and highly visible traffic enforce22 ment and commercial motor vehicle safety in23 spection programs in high-risk locations and cor24 ridors; 
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1 ‘‘(W) except in the case of an imminent 

2 hazard or obvious safety hazard, ensures that an 

3 inspection of a vehicle transporting passengers 

4 for a motor carrier of passengers is conducted at 

5 a station, terminal, border crossing, maintenance 

6 facility, destination, or other location where ade7 quate food, shelter, and sanitation facilities are 

8 available for passengers, and reasonable accom9 modations are available for passengers with dis10 abilities; 

11 ‘‘(X) ensures that the State will transmit to 

12 its roadside inspectors the notice of each Federal 

13 exemption granted under section 31315(b) of this 

14 title and sections 390.23 and 390.25 of title 49 

15 of the Code of Federal Regulations and provided 

16 to the State by the Secretary, including the name 

17 of the person granted the exemption and any 

18 terms and conditions that apply to the exemp19 tion; 

20 ‘‘(Y) except as provided in subsection (d), 

21 provides that the State— 

22 ‘‘(i) will conduct safety audits of inter23 state and, at the State’s discretion, intra24 state new entrant motor carriers under sec25 tion 31144(g) of this title; and 
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1 ‘‘(ii) if the State authorizes a third 

2 party to conduct safety audits under section 

3 31144(g) on its behalf, the State verifies the 

4 quality of the work conducted and remains 

5 solely responsible for the management and 

6 oversight of the activities; 

7 ‘‘(Z) provides that the State agrees to fully 

8 participate in the performance and registration 

9 information system management under section 

10 31106(b) not later than October 1, 2020, by com11 plying with the conditions for participation 

12 under paragraph (3) of that section; 

13 ‘‘(AA) provides that a State that shares a 

14 land border with another country— 

15 ‘‘(i) will conduct a border commercial 

16 motor vehicle safety program focusing on 

17 international commerce that includes en18 forcement and related projects; or 

19 ‘‘(ii) will forfeit all funds calculated by 

20 the Secretary based on border-related activi21 ties if the State declines to conduct the pro22 gram described in clause (i) in its plan; 

23 and 

24 ‘‘(BB) provides that a State that meets the 

25 other requirements of this section and agrees to 
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1 comply with the requirements established in sub2 section (l)(3) may fund operation and mainte3 nance costs associated with innovative technology 

4 deployment under subsection (l)(3) with Motor 

5 Carrier Safety Assistance Program funds author6 ized under section 31104(a)(1). 

7 ‘‘(3) PUBLICATION.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the Secretary shall publish each ap10 proved State multiple-year plan, and each an11 nual update thereto, on the Department of 

12 Transportation’s public website not later than 30 

13 days after the date the Secretary approves the 

14 plan or update. 

15 ‘‘(B) LIMITATION.—Before posting an ap16 proved State multiple-year plan or annual up17 date under subparagraph (A), the Secretary shall 

18 redact any information identified by the State 

19 that, if disclosed— 

20 ‘‘(i) would reasonably be expected to 

21 interfere with enforcement proceedings; or 

22 ‘‘(ii) would reveal enforcement tech23 niques or procedures that would reasonably 

24 be expected to risk circumvention of the law. 
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1 ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The require2 ment that a State conduct safety audits of new entrant 

3 motor carriers under subsection (c)(2)(Y) does not apply 

4 to a territory of the United States unless required by the 

5 Secretary. 

6 ‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary 

7 shall prescribe regulations specifying tolerance guidelines 

8 and standards for ensuring compatibility of intrastate com9 mercial motor vehicle safety laws, including regulations, 

10 with Federal motor carrier safety regulations to be enforced 

11 under subsections (b) and (c). To the extent practicable, the 

12 guidelines and standards shall allow for maximum flexi13 bility while ensuring a degree of uniformity that will not 

14 diminish motor vehicle safety. 

15 ‘‘(f) MAINTENANCE OF EFFORT.— 

16 ‘‘(1) BASELINE.—Except as provided under 

17 paragraphs (2) and (3) and in accordance with sec18 tion 32508 of the Comprehensive Transportation and 

19 Consumer Protection Act of 2015, a State plan under 

20 subsection (c) shall provide that the total expenditure 

21 of amounts of the lead State commercial motor vehicle 

22 safety agency responsible for administering the plan 

23 will be maintained at a level each fiscal year at least 

24 equal to— 
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1 ‘‘(A) the average level of that expenditure 

2 for fiscal years 2004 and 2005; or 

3 ‘‘(B) the level of that expenditure for the 

4 year in which the Secretary implements a new 

5 allocation formula under section 32508 of the 

6 Comprehensive Transportation and Consumer 

7 Protection Act of 2015. 

8 ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR

9 2017.—At the request of a State, the Secretary may 

10 evaluate additional documentation related to the 

11 maintenance of effort and may make reasonable ad12 justments to the maintenance of effort baseline after 

13 the year in which the Secretary implements a new al14 location formula under section 32508 of the Com15 prehensive Transportation and Consumer Protection 

16 Act of 2015, and this adjusted baseline will replace 

17 the maintenance of effort requirement under para18 graph (1). 

19 ‘‘(3) WAIVERS.—At the request of a State, the 

20 Secretary may waive or modify the requirements of 

21 this subsection for 1 fiscal year if the Secretary deter22 mines that a waiver or modification is reasonable, 

23 based on circumstances described by the State, to en24 sure the continuation of commercial motor vehicle en25 forcement activities in the State. 
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1 ‘‘(4) LEVEL OF STATE EXPENDITURES.—In esti2 mating the average level of State expenditure under 

3 paragraph (1), the Secretary— 

4 ‘‘(A) may allow the State to exclude State 

5 expenditures for Federally-sponsored demonstra6 tion and pilot programs and strike forces; 

7 ‘‘(B) may allow the State to exclude expend8 itures for activities related to border enforcement 

9 and new entrant safety audits; and 

10 ‘‘(C) shall require the State to exclude State 

11 matching amounts used to receive Federal fi12 nancing under section 31104. 

13 ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES

14 AGREEMENT.—Amounts generated under section 14504a of 

15 this title and received by a State and used for motor carrier 

16 safety purposes may be included as part of the State’s 

17 match required under section 31104 of this title or mainte18 nance of effort required by subsection (f) of this section. 

19 ‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

20 When approved in the States’ plan under subsection (c), 

21 a State may use Motor Carrier Safety Assistance Program 

22 funds received under this section— 

23 ‘‘(1) if the activities are carried out in conjunc24 tion with an appropriate inspection of a commercial 
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1 motor vehicle to enforce Federal or State commercial 

2 motor vehicle safety regulations, for— 

3 ‘‘(A) enforcement of commercial motor vehi4 cle size and weight limitations at locations, ex5 cluding fixed weight facilities, such as near steep 

6 grades or mountainous terrains, where the 

7 weight of a commercial motor vehicle can signifi8 cantly affect the safe operation of the vehicle, or 

9 at ports where intermodal shipping containers 

10 enter and leave the United States; and 

11 ‘‘(B) detection of and enforcement actions 

12 taken as a result of criminal activity, including 

13 the trafficking of human beings, in a commercial 

14 motor vehicle or by any occupant, including the 

15 operator, of the commercial motor vehicle; 

16 ‘‘(2) for documented enforcement of State traffic 

17 laws and regulations designed to promote the safe op18 eration of commercial motor vehicles, including docu19 mented enforcement of such laws and regulations re20 lating to noncommercial motor vehicles when nec21 essary to promote the safe operation of commercial 

22 motor vehicles, if— 

23 ‘‘(A) the number of motor carrier safety ac24 tivities, including roadside safety inspections, 

25 conducted in the State is maintained at a level 
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† HR 22 EAS 

1 at least equal to the average level of such activi2 ties conducted in the State in fiscal years 2004 

3 and 2005; and 

4 ‘‘(B) the State does not use more than 10 

5 percent of the basic amount the State receives 

6 under a grant awarded under section 

7 31104(a)(1) for enforcement activities relating to 

8 noncommercial motor vehicles necessary to pro9 mote the safe operation of commercial motor ve10 hicles unless the Secretary determines that a 

11 higher percentage will result in significant in12 creases in commercial motor vehicle safety; and 

13 ‘‘(3) for the enforcement of household goods regu14 lations on intrastate and interstate carriers if the 

15 State has adopted laws or regulations compatible 

16 with the Federal household goods regulations. 

17 ‘‘(i) EVALUATION OF PLANS AND AWARD OF

18 GRANTS.— 

19 ‘‘(1) AWARDS.—The Secretary shall establish cri20 teria for the application, evaluation, and approval of 

21 State plans under this section. Subject to subsection 

22 (j), the Secretary may allocate the amounts made 

23 available under section 31104(a)(1) among the States. 

24 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

25 disapproves a plan under this section, the Secretary 
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1 shall give the State a written explanation of the rea2 sons for disapproval and allow the State to modify 

3 and resubmit the plan for approval. 

4 ‘‘(j) ALLOCATION OF FUNDS.— 

5 ‘‘(1) IN GENERAL.—The Secretary, by regulation, 

6 shall prescribe allocation criteria for funds made 

7 available under section 31104(a)(1). 

8 ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of 

9 each fiscal year, or as soon as practicable thereafter, 

10 and after making a deduction under section 31104(c), 

11 the Secretary shall allocate amounts made available 

12 in section 31104(a)(1) to carry out this section for the 

13 fiscal year among the States with plans approved 

14 under this section in accordance with the criteria 

15 under paragraph (1). 

16 ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the 

17 availability of funding and notwithstanding fluctua18 tions in the data elements used by the Secretary to 

19 calculate the annual allocation amounts, after the cre20 ation of a new allocation formula under section 

21 32508 of the Comprehensive Transportation and Con22 sumer Protection Act of 2015 the Secretary may not 

23 make elective adjustments to the allocation formula 

24 that decrease a State’s Federal funding levels by more 

25 than 3 percent in a fiscal year. The 3 percent limit 
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1 shall not apply to the withholding provisions of sub2 section (k). 

3 ‘‘(k) PLAN MONITORING.— 

4 ‘‘(1) IN GENERAL.—On the basis of reports sub5 mitted by the lead State agency responsible for ad6 ministering an approved State plan and an inves7 tigation by the Secretary, the Secretary shall periodi8 cally evaluate State implementation of and compli9 ance with the State plan. 

10 ‘‘(2) WITHHOLDING OF FUNDS.— 

11 ‘‘(A) DISAPPROVAL.—If, after notice and an 

12 opportunity to be heard, the Secretary finds that 

13 the State plan previously approved is not being 

14 followed or has become inadequate to ensure en15 forcement of the regulations, standards, or or16 ders, or the State is otherwise not in compliance 

17 with the requirements of this section, the Sec18 retary may withdraw approval of the plan and 

19 notify the State. The plan is no longer in effect 

20 once the State receives notice, and the Secretary 

21 shall withhold all funding under this section. 

22 ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In 

23 lieu of withdrawing approval of the plan, the 

24 Secretary may, after providing notice and an 

25 opportunity to be heard, withhold funding from 
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1 the State to which the State would otherwise be 

2 entitled under this section for the period of the 

3 State’s noncompliance. In exercising this option, 

4 the Secretary may withhold— 

5 ‘‘(i) up to 5 percent of funds during 

6 the fiscal year that the Secretary notifies 

7 the State of its noncompliance; 

8 ‘‘(ii) up to 10 percent of funds for the 

9 first full fiscal year of noncompliance; 

10 ‘‘(iii) up to 25 percent of funds for the 

11 second full fiscal year of noncompliance; 

12 and 

13 ‘‘(iv) not more than 50 percent of 

14 funds for the third and any subsequent full 

15 fiscal year of noncompliance. 

16 ‘‘(3) JUDICIAL REVIEW.—A State adversely af17 fected by a determination under paragraph (2) may 

18 seek judicial review under chapter 7 of title 5. Not19 withstanding the disapproval of a State plan under 

20 paragraph (2)(A) or the withholding under para21 graph (2)(B), the State may retain jurisdiction in an 

22 administrative or a judicial proceeding that com23 menced before the notice of disapproval or with24 holding if the issues involved are not related directly 

25 to the reasons for the disapproval or withholding. 
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† HR 22 EAS 

1 ‘‘(l) HIGH PRIORITY FINANCIAL ASSISTANCE PRO2 GRAM.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall admin4 ister a high priority financial assistance program 

5 funded under section 31104 for the purposes described 

6 in paragraphs (2) and (3). 

7 ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER

8 SAFETY.—The purpose of this paragraph is to make 

9 discretionary grants to and cooperative agreements 

10 with States, local governments, federally-recognized 

11 Indian tribes, other political jurisdictions as nec12 essary, and any person to carry out high priority ac13 tivities and projects that augment motor carrier safe14 ty activities and projects planned in accordance with 

15 subsections (b) and (c), including activities and 

16 projects that— 

17 ‘‘(A) increase public awareness and edu18 cation on commercial motor vehicle safety; 

19 ‘‘(B) target unsafe driving of commercial 

20 motor vehicles and non-commercial motor vehi21 cles in areas identified as high risk crash cor22 ridors; 

23 ‘‘(C) support the enforcement of State house24 hold goods regulations on intrastate and inter25 state carriers if the State has adopted laws or 
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† HR 22 EAS 

1 regulations compatible with the Federal house2 hold good laws; 

3 ‘‘(D) improve the safe and secure movement 

4 of hazardous materials; 

5 ‘‘(E) improve safe transportation of goods 

6 and persons in foreign commerce; 

7 ‘‘(F) demonstrate new technologies to im8 prove commercial motor vehicle safety; 

9 ‘‘(G) support participation in performance 

10 and registration information systems manage11 ment under section 31106(b)— 

12 ‘‘(i) for entities not responsible for sub13 mitting the plan under subsection (c); or 

14 ‘‘(ii) for entities responsible for submit15 ting the plan under subsection (c)— 

16 ‘‘(I) before October 1, 2020, to 

17 achieve compliance with the require18 ments of participation; and 

19 ‘‘(II) beginning on October 1, 

20 2020, or once compliance is achieved, 

21 whichever is sooner, for special initia22 tives or projects that exceed routine op23 erations required for participation; 

24 ‘‘(H) conduct safety data improvement 

25 projects— 
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† HR 22 EAS 

1 ‘‘(i) that complete or exceed the re2 quirements under subsection (c)(2)(P) for 

3 entities not responsible for submitting the 

4 plan under subsection (c); or 

5 ‘‘(ii) that exceed the requirements 

6 under subsection (c)(2)(P) for entities re7 sponsible for submitting the plan under sub8 section (c); and 

9 ‘‘(I) otherwise improve commercial motor 

10 vehicle safety and compliance with commercial 

11 motor vehicle safety regulations. 

12 ‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT

13 GRANT PROGRAM.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall es15 tablish an innovative technology deployment 

16 grant program to make discretionary grants 

17 funded under section 31104(a)(2) to eligible 

18 States for the innovative technology deployment 

19 of commercial motor vehicle information systems 

20 and networks. 

21 ‘‘(B) PURPOSES.—The purposes of the pro22 gram shall be— 

23 ‘‘(i) to advance the technological capa24 bility and promote the deployment of intel25 ligent transportation system applications 
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† HR 22 EAS 

1 for commercial motor vehicle operations, in2 cluding commercial motor vehicle, commer3 cial driver, and carrier-specific information 

4 systems and networks; and 

5 ‘‘(ii) to support and maintain com6 mercial motor vehicle information systems 

7 and networks— 

8 ‘‘(I) to link Federal motor carrier 

9 safety information systems with State 

10 commercial motor vehicle systems; 

11 ‘‘(II) to improve the safety and 

12 productivity of commercial motor vehi13 cles and drivers; and 

14 ‘‘(III) to reduce costs associated 

15 with commercial motor vehicle oper16 ations and Federal and State commer17 cial vehicle regulatory requirements. 

18 ‘‘(C) ELIGIBILITY.—To be eligible for a 

19 grant under this paragraph, a State shall— 

20 ‘‘(i) have a commercial motor vehicle 

21 information systems and networks program 

22 plan approved by the Secretary that de23 scribes the various systems and networks at 

24 the State level that need to be refined, re25 vised, upgraded, or built to accomplish de-
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† HR 22 EAS 

1 ployment of commercial motor vehicle infor2 mation systems and networks capabilities; 

3 ‘‘(ii) certify to the Secretary that its 

4 commercial motor vehicle information sys5 tems and networks deployment activities, 

6 including hardware procurement, software 

7 and system development, and infrastructure 

8 modifications— 

9 ‘‘(I) are consistent with the na10 tional intelligent transportation sys11 tems and commercial motor vehicle in12 formation systems and networks archi13 tectures and available standards; and 

14 ‘‘(II) promote interoperability 

15 and efficiency to the extent practicable; 

16 and 

17 ‘‘(iii) agree to execute interoperability 

18 tests developed by the Federal Motor Carrier 

19 Safety Administration to verify that its sys20 tems conform with the national intelligent 

21 transportation systems architecture, appli22 cable standards, and protocols for commer23 cial motor vehicle information systems and 

24 networks. 
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† HR 22 EAS 

1 ‘‘(D) USE OF FUNDS.—Grant funds may be 

2 used— 

3 ‘‘(i) for deployment activities and ac4 tivities to develop new and innovative ad5 vanced technology solutions that support 

6 commercial motor vehicle information sys7 tems and networks; 

8 ‘‘(ii) for planning activities, including 

9 the development or updating of program or 

10 top level design plans in order to become el11 igible or maintain eligibility under sub12 paragraph (C); and 

13 ‘‘(iii) for the operation and mainte14 nance costs associated with innovative tech15 nology. 

16 ‘‘(E) SECRETARY AUTHORIZATION.—The 

17 Secretary is authorized to award a State fund18 ing for the operation, and maintenance costs as19 sociated with innovative technology deployment 

20 with funds made available under both sections 

21 31104(a)(1) and 31104(a)(2) of this title.’’. 

22 (b) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT

23 PROGRAM.—Section 31103 is amended to read as follows: 
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† HR 22 EAS 

1 ‘‘§ 31103. Commercial Motor Vehicle Operators Grant 

2 Program 

3 ‘‘(a) IN GENERAL.—The Secretary shall administer a 

4 commercial motor vehicle operators grant program funded 

5 under section 31104. 

6 ‘‘(b) PURPOSE.—The purpose of the grant program is 

7 to train individuals in the safe operation of commercial 

8 motor vehicles (as defined in section 31301).’’. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 31104 is amended to read as follows: 

11 ‘‘§ 31104. Authorization of appropriations 

12 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol13 lowing sums are authorized to be appropriated from the 

14 Highway Trust Fund for the following Federal Motor Car15 rier Safety Administration Financial Assistance Programs: 

16 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO17 GRAM.—Subject to paragraph (2) of this subsection 

18 and subsection (c) of this section, to carry out section 

19 31102— 

20 ‘‘(A) $295,636,000 for fiscal year 2017; 

21 ‘‘(B) $301,845,000 for fiscal year 2018; 

22 ‘‘(C) $308,183,000 for fiscal year 2019; 

23 ‘‘(D) $314,655,000 for fiscal year 2020; and 

24 ‘‘(E) $321,263,000 for fiscal year 2021. 

25 ‘‘(2) HIGH PRIORITY ACTIVITIES FINANCIAL AS26 SISTANCE PROGRAM.—Subject to subsection (c), to 
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† HR 22 EAS 

1 make grants and cooperative agreements under sec2 tion 31102(l) of this title, the Secretary may set aside 

3 from amounts made available under paragraph (1) of 

4 this subsection up to— 

5 ‘‘(A) $42,323,000 for fiscal year 2017; 

6 ‘‘(B) $43,212,000 for fiscal year 2018; 

7 ‘‘(C) $44,119,000 for fiscal year 2019; 

8 ‘‘(D) $45,046,000 for fiscal year 2020; and 

9 ‘‘(E) $45,992,000 for fiscal year 2021. 

10 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

11 GRANT PROGRAM.—To carry out section 31103— 

12 ‘‘(A) $1,000,000 for fiscal year 2017; 

13 ‘‘(B) $1,000,000 for fiscal year 2018; 

14 ‘‘(C) $1,000,000 for fiscal year 2019; 

15 ‘‘(D) $1,000,000 for fiscal year 2020; and 

16 ‘‘(E) $1,000,000 for fiscal year 2021. 

17 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

18 IMPLEMENTATION FINANCIAL ASSISTANCE PRO19 GRAM.—Subject to subsection (c), to carry out section 

20 31313— 

21 ‘‘(A) $31,273,000 for fiscal year 2017; 

22 ‘‘(B) $31,930,000 for fiscal year 2018; 

23 ‘‘(C) $32,600,000 for fiscal year 2019; 

24 ‘‘(D) $33,285,000 for fiscal year 2020; and 

25 ‘‘(E) $33,984,000 for fiscal year 2021. 
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† HR 22 EAS 

1 ‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPIENTS

2 FOR GOVERNMENT SHARE OF COSTS.— 

3 ‘‘(1) IN GENERAL.—Amounts made available 

4 under subsection (a) shall be used to reimburse finan5 cial assistance recipients proportionally for the Fed6 eral Government’s share of the costs incurred. 

7 ‘‘(2) REIMBURSEMENT AMOUNTS.—The Secretary 

8 shall reimburse a recipient, in accordance with a fi9 nancial assistance agreement made under section 

10 31102, 31103, or 31313, an amount that is at least 

11 85 percent of the costs incurred by the recipient in a 

12 fiscal year in developing and implementing programs 

13 under these sections. The Secretary shall pay the re14 cipient an amount not more than the Federal Govern15 ment share of the total costs approved by the Federal 

16 Government in the financial assistance agreement. 

17 The Secretary shall include a recipient’s in-kind con18 tributions in determining the reimbursement. 

19 ‘‘(3) VOUCHERS.—Each recipient shall submit 

20 vouchers at least quarterly for costs the recipient in21 curs in developing and implementing programs under 

22 section 31102, 31103, or 31313. 

23 ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND PRO24 GRAM SUPPORT.—On October 1 of each fiscal year, or as 

25 soon after that date as practicable, the Secretary may de-
476 

† HR 22 EAS 

1 duct from amounts made available under paragraphs (1), 

2 (2), and (4) of subsection (a) for that fiscal year not more 

3 than 1.50 percent of those amounts for partner training and 

4 program support in that fiscal year. The Secretary shall 

5 use at least 75 percent of those deducted amounts to train 

6 non-Federal Government employees and to develop related 

7 training materials in carrying out these programs. 

8 ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS

9 CONTRACTUAL OBLIGATIONS.—The approval of a financial 

10 assistance agreement by the Secretary under section 31102, 

11 31103, or 31313 is a contractual obligation of the Federal 

12 Government for payment of the Federal Government’s share 

13 of costs in carrying out the provisions of the grant or coop14 erative agreement. 

15 ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall es16 tablish criteria for eligible activities to be funded with fi17 nancial assistance agreements under this section and pub18 lish those criteria in a notice of funding availability before 

19 the financial assistance program application period. 

20 ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ASSIST21 ANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDI22 TURES.— 

23 ‘‘(1) IN GENERAL.—The period of availability 

24 for a recipient to expend a grant or cooperative agree25 ment authorized under subsection (a) is as follows: 
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† HR 22 EAS 

1 ‘‘(A) For grants made for carrying out sec2 tion 31102, other than section 31102(l), for the 

3 fiscal year in which it is obligated and for the 

4 next fiscal year. 

5 ‘‘(B) For grants or cooperative agreements 

6 made for carrying out section 31102(l)(2), for 

7 the fiscal year in which it is obligated and for 

8 the next 2 fiscal years. 

9 ‘‘(C) For grants made for carrying out sec10 tion 31102(l)(3), for the fiscal year in which it 

11 is obligated and for the next 4 fiscal years. 

12 ‘‘(D) For grants made for carrying out sec13 tion 31103, for the fiscal year in which it is obli14 gated and for the next fiscal year. 

15 ‘‘(E) For grants or cooperative agreements 

16 made for carrying out 31313, for the fiscal year 

17 in which it is obligated and for the next 4 fiscal 

18 years. 

19 ‘‘(2) REOBLIGATION.—Amounts not expended by 

20 a recipient during the period of availability shall be 

21 released back to the Secretary for reobligation for any 

22 purpose under sections 31102, 31103, 31104, and 

23 31313 in accordance with subsection (i) of this sec24 tion. 
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† HR 22 EAS 

1 ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL2 ABILITY.—Amounts authorized from the Highway Trust 

3 Fund by this section shall be available for obligation on 

4 the date of their apportionment or allocation or on October 

5 1 of the fiscal year for which they are authorized, whichever 

6 occurs first. 

7 ‘‘(h) AVAILABILITY OF FUNDING.—Amounts made 

8 available under this section shall remain available until ex9 pended. 

10 ‘‘(i) TRANSFER OF OBLIGATION AUTHORITY.— 

11 ‘‘(1) IN GENERAL.—Of the contract authority au12 thorized for motor carrier safety grants, the Secretary 

13 shall have authority to transfer available unobligated 

14 contract authority and associated liquidating cash 

15 within or between Federal financial assistance pro16 grams authorized under this section and make new 

17 Federal financial assistance awards under this sec18 tion. 

19 ‘‘(2) COST ESTIMATES.—Of the funds trans20 ferred, the contract authority and associated liqui21 dating cash or obligations and expenditures stemming 

22 from Federal financial assistance awards made with 

23 this contract authority shall not be scored as new ob24 ligations by the Office of Management and Budget or 

25 by the Secretary. 
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† HR 22 EAS 

1 ‘‘(3) NO LIMITATION ON TOTAL OF OBLIGA2 TIONS.—Notwithstanding any other provision of law, 

3 no limitation on the total of obligations for Federal 

4 financial assistance programs carried out by the Fed5 eral Motor Carrier Safety Administration under this 

6 section shall apply to unobligated funds transferred 

7 under this subsection.’’. 

8 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) SAFETY FITNESS OF OWNERS AND OPERATOR; 

10 SAFETY REVIEWS OF NEW OPERATORS.—Section 

11 31144(g) is amended by striking paragraph (5). 

12 (2) INFORMATION SYSTEMS; PERFORMANCE AND

13 REGISTRATION INFORMATION PROGRAM.—Section 

14 31106(b) is amended by striking paragraph (4). 

15 (3) BORDER ENFORCEMENT GRANTS.—Section 

16 31107 is repealed. 

17 (4) PERFORMANCE AND REGISTRATION INFORMA18 TION SYSTEM MANAGEMENT.—Section 31109 is re19 pealed. 

20 (5) TABLE OF CONTENTS.—The table of contents 

21 of chapter 311 is amended— 

22 (A) by striking the items relating to 31107 

23 and 31109; and 
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† HR 22 EAS 

1 (B) by striking the items relating to sections 

2 31102, 31103, and 31104 and inserting the fol3 lowing: 

‘‘31102. Motor Carrier Safety Assistance Program. 

‘‘31103. Commercial Motor Vehicle Operators Grant Program. 

‘‘31104. Authorization of appropriations.’’. 

4 (6) GRANTS FOR COMMERCIAL DRIVER’S LICENSE

5 PROGRAM IMPLEMENTATION.—Section 31313(a), as 

6 amended by section 32506 of this Act, is further 

7 amended by striking ‘‘The Secretary of Transpor8 tation shall administer a financial assistance pro9 gram for commercial driver’s license program imple10 mentation for the purposes described in paragraphs 

11 (1) and (2)’’ and inserting ‘‘The Secretary of Trans12 portation shall administer a financial assistance pro13 gram for commercial driver’s license program imple14 mentation funded under section 31104 of this title for 

15 the purposes described in paragraphs (1) and (2)’’. 

16 (7) COMMERCIAL VEHICLE INFORMATION SYS17 TEMS AND NETWORKS DEPLOYMENT.—Section 4126 of 

18 SAFETEA–LU (49 U.S.C. 31106 note) is repealed. 

19 (8) SAFETY DATA IMPROVEMENT PROGRAM.— 

20 Section 4128 of SAFETEA–LU (49 U.S.C. 31100 

21 note) is repealed. 

22 (9) GRANT PROGRAM FOR COMMERCIAL MOTOR

23 VEHICLE OPERATORS.—Section 4134 of SAFETEA– 

24 LU (49 U.S.C. 31301 note) is repealed. 
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† HR 22 EAS 

1 (10) WINTER HOME HEATING OIL DELIVERY

2 STATE FLEXIBILITY PROGRAM.—Section 346 of Na3 tional Highway System Designation Act of 1995 (49 

4 U.S.C. 31166 note) is repealed. 

5 (11) MAINTENANCE OF EFFORT AS CONDITION ON

6 GRANTS TO STATES.—Section 103(c) of the Motor 

7 Carrier Safety Improvement Act of 1999 (49 U.S.C. 

8 31102 note) is repealed. 

9 (12) STATE COMPLIANCE WITH CDL REQUIRE10 MENTS.—Section 103(e) of the Motor Carrier Safety 

11 Improvement Act of 1999 (49 U.S.C. 31102 note) is 

12 repealed. 

13 (13) BORDER STAFFING STANDARDS.—Section 

14 218(d) of the Motor Carrier Safety Improvement Act 

15 of 1999 (49 U.S.C. 31133 note) is amended— 

16 (A) in paragraph (1), by striking ‘‘under 

17 section 31104(f)(2)(B) of title 49, United States 

18 Code’’ and inserting ‘‘section 31104(a)(1) of title 

19 49, United States Code’’; and 

20 (B) by striking paragraph (3). 

21 (e) EFFECTIVE DATE.—The amendments made by this 

22 section shall take effect on October 1, 2016. 

23 (f) TRANSITION.—Notwithstanding the amendments 

24 made by this section, the Secretary shall carry out sections 

25 31102, 31103, 31104 of title 49, United States Code, and 
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† HR 22 EAS 

1 any sections repealed under subsection (d) of this section, 

2 as necessary, as those sections were in effect on the day be3 fore October 1, 2016, with respect to applications for grants, 

4 cooperative agreements, or contracts under those sections 

5 submitted before October 1, 2016. 

6 SEC. 32503. NEW ENTRANT SAFETY REVIEW PROGRAM 

7 STUDY. 

8 (a) IN GENERAL.—Not later than 1 year after the date 

9 of enactment of this Act, the Office of Inspector General of 

10 the Department of Transportation shall report to the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate and the Committee on Transportation and Infra13 structure in the House of Representatives on its assessment 

14 of the new operator safety review program, required under 

15 section 31144(g) of title 49, United States Code, including 

16 the program’s effectiveness in reducing commercial motor 

17 vehicles involved in crashes, fatalities, and injuries, and in 

18 improving commercial motor vehicle safety. 

19 (b) REPORT.—Not later than 90 days after completion 

20 of the report under subsection (a), the Secretary shall sub21 mit to the Committee on Commerce, Science, and Transpor22 tation of the Senate and the Committee on Transportation 

23 and Infrastructure in the House of Representatives a report 

24 on the actions the Secretary will take to address any rec25 ommendations included in the study under subsection (a). 
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† HR 22 EAS 

1 (c) PAPERWORK REDUCTION ACT OF 1995; EXCEP2 TION.—The study and the Office of the Inspector General 

3 assessment shall not be subject to section 3506 or section 

4 3507 of title 44, United States Code. 

5 SEC. 32504. PERFORMANCE AND REGISTRATION INFORMA6 TION SYSTEMS MANAGEMENT. 

7 Section 31106(b) is amended in the heading by strik8 ing ‘‘PROGRAM’’ and inserting ‘‘SYSTEMS MANAGEMENT’’. 

9 SEC. 32505. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—Subchapter I of chapter 311 is 

11 amended by adding at the end the following: 

12 ‘‘§ 31110. Authorization of appropriations 

13 ‘‘(a) ADMINISTRATIVE EXPENSES.—There are author14 ized to be appropriated from the Highway Trust Fund 

15 (other than the Mass Transit Account) for the Secretary of 

16 Transportation to pay administrative expenses of the Fed17 eral Motor Carrier Safety Administration— 

18 ‘‘(1) $264,439,000 for fiscal year 2016; 

19 ‘‘(2) $269,992,000 for fiscal year 2017; 

20 ‘‘(3) $275,662,000 for fiscal year 2018; 

21 ‘‘(4) $281,451,000 for fiscal year 2019; 

22 ‘‘(5) $287,361,000 for fiscal year 2020; and 

23 ‘‘(6) $293,396,000 for fiscal year 2021. 

24 ‘‘(b) USE OF FUNDS.—The funds authorized by this 

25 section shall be used— 
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† HR 22 EAS 

1 ‘‘(1) for personnel costs; 

2 ‘‘(2) for administrative infrastructure; 

3 ‘‘(3) for rent; 

4 ‘‘(4) for information technology; 

5 ‘‘(5) for programs for research and technology, 

6 information management, regulatory development, the 

7 administration of the performance and registration 

8 information systems management; 

9 ‘‘(6) for programs for outreach and education 

10 under subsection (d); 

11 ‘‘(7) to fund the motor carrier safety facility 

12 working capital fund established under subsection (c); 

13 ‘‘(8) for other operating expenses; 

14 ‘‘(9) to conduct safety reviews of new operators; 

15 and 

16 ‘‘(10) for such other expenses as may from time 

17 to time become necessary to implement statutory 

18 mandates of the Federal Motor Carrier Safety Admin19 istration not funded from other sources. 

20 ‘‘(c) MOTOR CARRIER SAFETY FACILITY WORKING

21 CAPITAL FUND.— 

22 ‘‘(1) IN GENERAL.—The Secretary may establish 

23 a motor carrier safety facility working capital fund. 

24 ‘‘(2) PURPOSE.—Amounts in the fund shall be 

25 available for modernization, construction, leases, and 
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† HR 22 EAS 

1 expenses related to vacating, occupying, maintaining, 

2 and expanding motor carrier safety facilities, and as3 sociated activities. 

4 ‘‘(3) AVAILABILITY.—Amounts in the fund shall 

5 be available without regard to fiscal year limitation. 

6 ‘‘(4) FUNDING.—Amounts may be appropriated 

7 to the fund from the amounts made available in sub8 section (a). 

9 ‘‘(5) FUND TRANSFERS.—The Secretary may 

10 transfer funds to the working capital fund from the 

11 amounts made available in subsection (a) or from 

12 other funds as identified by the Secretary. 

13 ‘‘(d) OUTREACH AND EDUCATION PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary may conduct, 

15 through any combination of grants, contracts, cooper16 ative agreements, or other activities, an internal and 

17 external outreach and education program to be ad18 ministered by the Administrator of the Federal Motor 

19 Carrier Safety Administration. 

20 ‘‘(2) FEDERAL SHARE.—The Federal share of an 

21 outreach and education program for which a grant, 

22 contract, or cooperative agreement is made under this 

23 subsection may be up to 100 percent of the cost of the 

24 grant, contract, or cooperative agreement. 
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† HR 22 EAS 

1 ‘‘(3) FUNDING.—From amounts made available 

2 in subsection (a), the Secretary shall make available 

3 such sums as are necessary to carry out this sub4 section each fiscal year. 

5 ‘‘(e) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL6 ABILITY.—Amounts authorized from the Highway Trust 

7 Fund by this section shall be available for obligation on 

8 the date of their apportionment or allocation or on October 

9 1 of the fiscal year for which they are authorized, whichever 

10 occurs first. 

11 ‘‘(f) FUNDING AVAILABILITY.—Amounts made avail12 able under this section shall remain available until ex13 pended. 

14 ‘‘(g) CONTRACTUAL OBLIGATION.—The approval of 

15 funds by the Secretary under this section is a contractual 

16 obligation of the Federal Government for payment of the 

17 Federal Government’s share of costs.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) ADMINISTRATIVE EXPENSES; AUTHORIZATION

20 OF APPROPRIATIONS.—Section 31104 is amended— 

21 (A) by striking subsection (i); and 

22 (B) by redesignating subsections (j) and (k) 

23 and subsections (i) and (j), respectively. 

24 (2) USE OF AMOUNTS MADE AVAILABLE UNDER

25 SUBSECTION (I).—Section 4116(d) of SAFETEA–LU 
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† HR 22 EAS 

1 (49 U.S.C. 31104 note) is amended by striking ‘‘sec2 tion 31104(i)’’ and inserting ‘‘section 31110’’. 

3 (3) INTERNAL COOPERATION.—Section 31161 is 

4 amended by striking ‘‘31104(i)’’ and inserting 

5 ‘‘31110’’. 

6 (4) SAFETEA–LU; OUTREACH AND EDU7 CATION.—Section 4127 of SAFETEA–LU (119 Stat. 

8 1741; Public Law 109–59) is repealed. 

9 (5) TABLE OF CONTENTS.—The table of contents 

10 of subchapter I of chapter 311 is amended by adding 

11 at the end the following: 

‘‘31110. Authorization of appropriations.’’. 

12 SEC. 32506. COMMERCIAL DRIVER’S LICENSE PROGRAM IM13 PLEMENTATION. 

14 (a) IN GENERAL.—Section 31313 is amended to read 

15 as follows: 

16 ‘‘§ 31313. Commercial driver’s license program imple17 mentation financial assistance program 

18 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

19 shall administer a financial assistance program for com20 mercial driver’s license program implementation for the 

21 purposes described in paragraphs (1) and (2). 

22 ‘‘(1) STATE COMMERCIAL DRIVER’S LICENSE

23 PROGRAM IMPLEMENTATION GRANTS.—The Secretary 

24 of Transportation may make a grant to a State agen25 cy in a fiscal year— 
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† HR 22 EAS 

1 ‘‘(A) to comply with the requirements of sec2 tion 31311; 

3 ‘‘(B) in the case of a State that is making 

4 a good faith effort toward substantial compliance 

5 with the requirements of section 31311, to im6 prove its implementation of its commercial driv7 er’s license program, including expenses— 

8 ‘‘(i) for computer hardware and soft9 ware; 

10 ‘‘(ii) for publications, testing, per11 sonnel, training, and quality control; 

12 ‘‘(iii) for commercial driver’s license 

13 program coordinators; and 

14 ‘‘(iv) to implement or maintain a sys15 tem to notify an employer of an operator of 

16 a commercial motor vehicle of the suspen17 sion or revocation of the operator’s commer18 cial driver’s license consistent with the 

19 standards developed under section 32303(b) 

20 of the Commercial Motor Vehicle Safety En21 hancement Act of 2012 (49 U.S.C. 31304 

22 note). 

23 ‘‘(2) PRIORITY ACTIVITIES.—The Secretary may 

24 make a grant or cooperative agreement in a fiscal 

25 year to a State agency, local government, or any per-
489 

† HR 22 EAS 

1 son for research, development or testing, demonstra2 tion projects, public education, or other special activi3 ties and projects relating to commercial driver’s li4 censing and motor vehicle safety that— 

5 ‘‘(A) benefit all jurisdictions of the United 

6 States; 

7 ‘‘(B) address national safety concerns and 

8 circumstances; 

9 ‘‘(C) address emerging issues relating to 

10 commercial driver’s license improvements; 

11 ‘‘(D) support innovative ideas and solutions 

12 to commercial driver’s license program issues; or 

13 ‘‘(E) address other commercial driver’s li14 cense issues, as determined by the Secretary. 

15 ‘‘(b) PROHIBITIONS.—A recipient may not use finan16 cial assistance funds awarded under this section to rent, 

17 lease, or buy land or buildings. 

18 ‘‘(c) REPORT.—The Secretary shall issue an annual 

19 report on the activities carried out under this section. 

20 ‘‘(d) APPORTIONMENT.—All amounts made available 

21 to carry out this section for a fiscal year shall be appor22 tioned to a State or recipient described in subsection (a)(2) 

23 according to criteria prescribed by the Secretary.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

25 The table of contents of chapter 313 is amended by striking 
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1 the item relating to section 31313 and inserting the fol2 lowing: 

‘‘31313. Commercial driver’s license program implementation financial assistance 

program.’’. 

3 SEC. 32507. EXTENSION OF FEDERAL MOTOR CARRIER 

4 SAFETY PROGRAMS FOR FISCAL YEAR 2016. 

5 (a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

6 GRANT EXTENSION.—Section 31104(a) is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 inserting ‘‘and, for fiscal year 2016, sections 31102, 

9 31107, and 31109 of this title and section 4128 of 

10 SAFETEA–LU (49 U.S.C. 31100 note)’’ after 

11 ‘‘31102’’; 

12 (2) in paragraph (9), by striking ‘‘and’’ at the 

13 end; and 

14 (3) by striking paragraph (10) and inserting the 

15 following: 

16 ‘‘(10) $218,000,000 for fiscal year 2015; and 

17 ‘‘(11) ‘$259,000,000 for fiscal year 2016.’’. 

18 (b) EXTENSION OF GRANT PROGRAMS.—Section 

19 4101(c) SAFETEA–LU (119 Stat. 1715; Public Law 109– 

20 59), is amended to read as follows: 

21 ‘‘(c) GRANT PROGRAMS FUNDING.—There are author22 ized to be appropriated from the Highway Trust Fund the 

23 following sums for the following Federal Motor Carrier 

24 Safety Administration programs: 
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1 ‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM

2 IMPROVEMENT GRANTS.—For carrying out the com3 mercial driver’s license program improvement grants 

4 program under section 31313 of title 49, United 

5 States Code, $30,000,000 for fiscal year 2016. 

6 ‘‘(2) BORDER ENFORCEMENT GRANTS.—From 

7 amounts made available under section 31104(a) of 

8 title 49, United States Code, for border enforcement 

9 grants under section 31107 of that title, $32,000,000 

10 for fiscal year 2016. 

11 ‘‘(3) PERFORMANCE AND REGISTRATION INFOR12 MATION SYSTEMS MANAGEMENT GRANT PROGRAMS.— 

13 From amounts made available under section 31104(a) 

14 of title 49, United States Code, for the performance 

15 and registration information systems management 

16 grant program under section 31109 of that title, 

17 $5,000,000 for fiscal year 2016. 

18 ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS19 TEMS AND NETWORKS DEPLOYMENT.—For carrying 

20 out the commercial vehicle information systems and 

21 networks deployment program under section 4126 of 

22 this Act (the innovative technology deployment pro23 gram), $25,000,000, for fiscal year 2016. 

24 ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.— 

25 From amounts made available under section 31104(a) 
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1 of title 49, United States Code, for safety data im2 provement grants under section 4128 of this Act, 

3 $3,000,000 for fiscal year 2016.’’. 

4 (c) HIGH-PRIORITY ACTIVITIES.—Section 31104(j)(2), 

5 as redesignated by section 32505 of this Act is amended by 

6 striking ‘‘2015’’ and inserting ‘‘2016’’. 

7 (d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) 

8 is amended to read as follows: 

9 ‘‘(B) SET ASIDE.—The Secretary shall set 

10 aside from amounts made available by section 

11 31104(a) up to $32,000,000 for fiscal year 2016 

12 for audits of new entrant motor carriers con13 ducted under this paragraph.’’. 

14 (e) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI15 CLE OPERATORS.—Section 4134(c) of SAFETEA–LU (49 

16 U.S.C. 31301 note) is amended to read as follows: 

17 ‘‘(c) FUNDING.—From amounts made available under 

18 section 31110 of title 49, United States Code, the Secretary 

19 shall make available, $1,000,000 for fiscal year 2016 to 

20 carry out the commercial motor vehicle operators grant pro21 gram.’’. 

22 (f) COMMERCIAL VEHICLE INFORMATION SYSTEMS

23 AND NETWORKS DEPLOYMENT.— 
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1 (1) IN GENERAL.—Section 4126 of SAFETEA– 

2 LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public 

3 Law 109–59) is amended— 

4 (A) in subsection (c)— 

5 (i) in paragraph (2), by adding at the 

6 end the following: ‘‘Funds deobligated by the 

7 Secretary from previous year grants shall 

8 not be counted towards the $2,500,000 max9 imum aggregate amount for core deploy10 ment.’’; and 

11 (ii) in paragraph (3), by adding at the 

12 end the following: ‘‘Funds may also be used 

13 for planning activities, including the devel14 opment or updating of program or top level 

15 design plans.’’; and 

16 (B) in subsection (d)(4), by adding at the 

17 end the following: ‘‘Funds may also be used for 

18 planning activities, including the development or 

19 updating of program or top level design plans.’’. 

20 (2) INNOVATIVE TECHNOLOGY DEPLOYMENT PRO21 GRAM.—For fiscal year 2016, the commercial vehicle 

22 information systems and networks deployment pro23 gram under section 4126 of SAFETEA–LU (119 

24 Stat. 1738; Public Law 109–59) may also be referred 

25 to as the innovative technology deployment program. 
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1 SEC. 32508. MOTOR CARRIER SAFETY ASSISTANCE PRO2 GRAM ALLOCATION. 

3 (a) WORKING GROUP.— 

4 (1) ESTABLISHMENT.—Not later than 180 days 

5 after the date of enactment of this Act, the Secretary 

6 shall establish a motor carrier safety assistance pro7 gram formula working group (referred to in this sec8 tion as the ‘‘working group’’. 

9 (2) MEMBERSHIP.— 

10 (A) IN GENERAL.—Subject to subparagraph 

11 (B), the working group shall consist of represent12 atives of the following: 

13 (i) The Federal Motor Carrier Safety 

14 Administration. 

15 (ii) The lead State commercial motor 

16 vehicle safety agencies responsible for ad17 ministering the plan required by section 

18 31102 of title 49, United States Code. 

19 (iii) An organization representing 

20 State agencies responsible for enforcing a 

21 program for inspection of commercial motor 

22 vehicles. 

23 (iv) Such other persons as the Sec24 retary considers necessary. 

25 (B) COMPOSITION.—Representatives of 

26 State commercial motor vehicle safety agencies 
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1 shall comprise at least 51 percent of the member2 ship. 

3 (3) NEW ALLOCATION FORMULA.—The working 

4 group shall analyze requirements and factors for a 

5 new motor carrier safety assistance program alloca6 tion formula. 

7 (4) RECOMMENDATION.—Not later than 1 year 

8 after the date the working group is established under 

9 paragraph (1), the working group shall make a rec10 ommendation to the Secretary regarding a new Motor 

11 Carrier Safety Assistance Program allocation for12 mula. 

13 (5) FACA EXEMPTION.—The Federal Advisory 

14 Committee Act (5 U.S.C. App.) shall not apply to the 

15 working group established under this subsection. 

16 (6) PUBLICATION.—The Administrator of the 

17 Federal Motor Carrier Safety Administration shall 

18 publish on a public website summaries of its meet19 ings, and the final recommendation provided to the 

20 Secretary. 

21 (b) NOTICE OF PROPOSED RULEMAKING.—After re22 ceiving the recommendation under subsection (a)(4), the 

23 Secretary shall publish in the Federal Register a notice 

24 seeking public comment on a new allocation formula for 
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1 the motor carrier safety assistance program under section 

2 31102 of title 49, United States Code. 

3 (c) BASIS FOR FORMULA.—The Secretary shall ensure 

4 that the new allocation formula is based on factors that re5 flect, at a minimum— 

6 (1) the relative needs of the States to comply 

7 with section 31102 of title 49, United States Code; 

8 (2) the relative administrative capacities of and 

9 challenges faced by States in complying with section 

10 31102 of title 49, United States Code; 

11 (3) the average of each State’s new entrant motor 

12 carrier inventory for the 3-year period prior to the 

13 date of enactment of this Act; 

14 (4) the number of international border inspec15 tion facilities and border crossings by commercial ve16 hicles in each State; and 

17 (5) any other factors the Secretary considers ap18 propriate. 

19 (d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF

20 A NEW ALLOCATION FORMULA.— 

21 (1) INTERIM FORMULA.—Prior to the develop22 ment of the new allocation formula, the Secretary 

23 may calculate the interim funding amounts for the 

24 motor carrier safety assistance program in fiscal year 

25 2017 (and later fiscal years, as necessary) under sec-
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1 tion 31104(a)(1) of title 49, United States Code, as 

2 amended by section 32502 of this Act, by the fol3 lowing methodology: 

4 (A) The Secretary shall calculate the fund5 ing amount using the allocation formula the Sec6 retary used to award motor carrier safety assist7 ance program funding in fiscal year 2016 under 

8 section 2507 of this Act. 

9 (B) The Secretary shall average the funding 

10 awarded or other equitable amounts to a State 

11 in fiscal years 2013, 2014, and 2015 for border 

12 enforcement grants awarded under section 

13 32603(c) of MAP–21 (126 Stat. 807; Public Law 

14 112–141) and new entrant audit grants awarded 

15 under that section, or other equitable amounts. 

16 (C) The Secretary shall add the amounts 

17 calculated in subparagraphs (A) and (B). 

18 (2) ADJUSTMENTS.—Subject to the availability 

19 of funding and notwithstanding fluctuations in the 

20 data elements used by the Secretary, the initial 

21 amounts resulting from the calculation described in 

22 paragraph (1) shall be adjusted to ensure that, for 

23 each State, the amount shall not be less than 97 per24 cent of the average amount of funding received or 
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1 other equitable amounts in fiscal years 2013, 2014, 

2 and 2015 for— 

3 (A) motor carrier safety assistance program 

4 funds awarded under section 32603(a) of MAP– 

5 21 (126 Stat. 807; Public Law 112–141); 

6 (B) border enforcement grants awarded 

7 under section 32603(a) of MAP–21 (126 Stat. 

8 807; Public Law 112–141); and 

9 (C) new entrant audit grants awarded 

10 under section 32603(a) of MAP–21 (126 Stat. 

11 807; Public Law 112–141). 

12 (3) IMMEDIATE RELIEF.—In developing the new 

13 allocation formula, the Secretary shall provide imme14 diate relief for at least 3 fiscal years to all States cur15 rently subject to the withholding provisions of Motor 

16 Carrier Safety Assistance Program funds for matters 

17 of noncompliance. 

18 (4) FUTURE WITHHOLDINGS.—Beginning on the 

19 date that the new allocation formula is implemented, 

20 the Secretary shall impose all future withholdings in 

21 accordance with section 31102(k) of title 49, United 

22 States Code, as amended by section 32502 of this Act. 

23 (e) TERMINATION OF EFFECTIVENESS.—This section 

24 expires upon the implementation of a new Motor Carrier 

25 Safety Assistance Program Allocation Formula. 
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1 SEC. 32509. MAINTENANCE OF EFFORT CALCULATION. 

2 (a) BEFORE NEW ALLOCATION FORMULA.— 

3 (1) FISCAL YEAR 2017.—If a new allocation for4 mula has not been established for fiscal year 2017, 

5 then, for fiscal year 2017, the Secretary of Transpor6 tation shall calculate the maintenance of effort re7 quired under section 31102(f) of title 49, United 

8 States Code, as amended by section 32502 of this Act, 

9 by averaging the expenditures for fiscal years 2004 

10 and 2005 required by section 32601(a)(5) of MAP–21 

11 (Public Law 112–141), as that section was in effect 

12 on the day before the date of enactment of this Act. 

13 (2) SUBSEQUENT FISCAL YEARS.—The Secretary 

14 may use the methodology for calculating the mainte15 nance of effort for fiscal year 2017 and each fiscal 

16 year thereafter if a new allocation formula has not 

17 been established. 

18 (b) BEGINNING WITH NEW ALLOCATION FORMA19 TION.— 

20 (1) IN GENERAL.—Subject to paragraphs (2) and 

21 (3)(B), beginning on the date that a new allocation 

22 formula is established under section 2508, upon the 

23 request of a State, the Secretary may modify the base24 line maintenance of effort required by section 

25 31102(e) of title 49, United States Code, as amended 

26 by section 32502 of this Act, for the purpose of estab-
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1 lishing a new baseline maintenance of effort if the 

2 Secretary determines that a waiver or modification— 

3 (A) is equitable due to reasonable cir4 cumstances; 

5 (B) will ensure the continuation of commer6 cial motor vehicle enforcement activities in the 

7 State; and 

8 (C) is necessary to ensure that the total 

9 amount of State maintenance of effort and 

10 matching expenditures required under sections 

11 31102 and 31104 of title 49, United States Code, 

12 as amended by section 32502 of this Act, does 

13 not exceed a sum greater than the average of the 

14 total amount of State maintenance of effort and 

15 matching expenditures for the 3 fiscal years 

16 prior to the date of enactment of this Act. 

17 (2) ADJUSTMENT METHODOLOGY.—If requested 

18 by a State, the Secretary may modify the mainte19 nance of effort baseline according to the following 

20 methodology: 

21 (A) The Secretary shall establish the main22 tenance of effort using the average of fiscal years 

23 2004 and 2005, as required by section 

24 32601(a)(5) of MAP–21 (Public Law 112–141). 
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1 (B) The Secretary shall calculate the aver2 age required match by a lead State commercial 

3 motor vehicle safety agency for fiscal years 2013, 

4 2014, and 2015 for motor carrier safety assist5 ance grants established at 20 percent by section 

6 31103 of title 49, United States Code, as that 

7 section was in effect on the day before the date 

8 of enactment of this Act. 

9 (C) The Secretary shall calculate the esti10 mated match required under section 31104(b) of 

11 title 49, United States Code, as amended by sec12 tion 32502 of this Act. 

13 (D) The Secretary will subtract the amount 

14 in subparagraph (B) from the amount in sub15 paragraph (C) and— 

16 (i) if the number is greater than 0, 

17 then the Secretary shall subtract the number 

18 from the amount in subparagraph (A); or 

19 (ii) if the number is not greater than 

20 0, then the Secretary shall calculate the 

21 maintenance of effort using the methodology 

22 in subparagraph (A). 

23 (3) MAINTENANCE OF EFFORT AMOUNT.— 

24 (A) IN GENERAL.—The Secretary shall use 

25 the amount calculated in paragraph (2) as the 
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1 baseline maintenance of effort required in section 

2 31102(f) of title 49, United States Code, as 

3 amended by section 32502 of this Act. 

4 (B) DEADLINE.—If a State does not request 

5 a waiver or modification under this subsection 

6 before September 30 during the first fiscal year 

7 that the Secretary implements the new allocation 

8 formula under section 32508, the Secretary shall 

9 calculate the maintenance of effort using the 

10 methodology in paragraph (2)(A) of this sub11 section. 

12 (4) MAINTENANCE OF EFFORT DESCRIBED.—The 

13 maintenance of effort calculated under this section is 

14 the amount required under section 31102(f) of title 

15 49, United States Code, as amended by section 32502 

16 of this Act. 

17 (c) TERMINATION OF EFFECTIVENESS.—The authority 

18 under this section terminates effective on the date that the 

19 new maintenance of effort is calculated based on the new 

20 allocation formula implemented under section 32508. 

21 Subtitle F—Miscellaneous 

22 Provisions 

23 SEC. 32601. WINDSHIELD TECHNOLOGY. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of enactment of this Act, the Secretary shall revise the 
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1 regulations in section 393.60(e) of title 49, Code of Federal 

2 Regulations (relating to the prohibition on obstructions to 

3 the driver’s field of view) to exempt from that section the 

4 voluntary mounting on a windshield of vehicle safety tech5 nology likely to achieve a level of safety that is equivalent 

6 to or greater than the level of safety that would be achieved 

7 absent the exemption. 

8 (b) DEFINITION OF VEHICLE SAFETY TECHNOLOGY.— 

9 In this section, ‘‘vehicle safety technology’’ includes fleet10 related incident management system, performance or behav11 ior management system, speed management system, lane de12 parture warning system, forward collision warning or miti13 gation system, active cruise control system, and any other 

14 technology that the Secretary considers applicable. 

15 (c) RULE OF CONSTRUCTION.—For purposes of this 

16 section, any windshield mounted technology with a short 

17 term exemption under part 381 of title 49, Code of Federal 

18 Regulations, on the day before the date of enactment of this 

19 Act, shall be considered likely to achieve a level of safety 

20 that is equivalent to or greater than the level of safety that 

21 would be achieved absent an exemption under subsection 

22 (a). 

23 SEC. 32602. ELECTRONIC LOGGING DEVICES REQUIRE24 MENTS. 

25 Section 31137(b) is amended— 
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1 (1) in paragraph (1)(C), by striking ‘‘apply to’’ 

2 and inserting ‘‘except as provided in paragraph (3), 

3 apply to’’; and 

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

5 ‘‘(3) EXCEPTION.—A motor carrier, when trans6 porting a motor home or recreation vehicle trailer 

7 within the definition of ‘driveaway-towaway oper8 ation’ (as defined in section 390.5 of title 49, Code of 

9 Federal Regulations) may comply with the hours of 

10 service requirements by requiring each driver to use— 

11 ‘‘(A) a paper record of duty status form; or 

12 ‘‘(B) an electronic logging device.’’. 

13 SEC. 32603. LAPSE OF REQUIRED FINANCIAL SECURITY; 

14 SUSPENSION OF REGISTRATION. 

15 Section 13906(e) is amended by inserting ‘‘or suspend’’ 

16 after ‘‘revoke’’. 

17 SEC. 32604. ACCESS TO NATIONAL DRIVER REGISTER. 

18 Section 30305(b) is amended by adding at the end the 

19 following: 

20 ‘‘(13) The Administrator of the Federal Motor 

21 Carrier Safety Administration may request the chief 

22 driver licensing official of a State to provide informa23 tion under subsection (a) of this section about an in24 dividual in connection with a safety investigation 

25 under the Administrator’s jurisdiction.’’. 
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1 SEC. 32605. STUDY ON COMMERCIAL MOTOR VEHICLE DRIV2 ER COMMUTING. 

3 (a) EFFECTS OF COMMUTING.—The Administrator of 

4 the Federal Motor Carrier Safety Administration shall con5 duct a study of the effects of motor carrier operator com6 mutes exceeding 150 minutes commuting time on safety and 

7 commercial motor vehicle driver fatigue. 

8 (b) STUDY.—In conducting the study, the Adminis9 trator shall consider— 

10 (1) the prevalence of driver commuting in the 

11 commercial motor vehicle industry, including the 

12 number and percentage of drivers who commute; 

13 (2) the distances traveled, time zones crossed, 

14 time spent commuting, and methods of transportation 

15 used; 

16 (3) research on the impact of excessive com17 muting on safety and commercial motor vehicle driver 

18 fatigue; 

19 (4) the commuting practices of commercial motor 

20 vehicle drivers and policies of motor carriers; 

21 (5) the Federal Motor Carrier Safety Adminis22 tration regulations, policies, and guidance regarding 

23 driver commuting; and 

24 (6) any other matters the Administrator con25 siders appropriate. 
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1 (c) REPORT.—Not later than 18 months after the date 

2 of enactment of this Act, the Administrator shall submit 

3 to Congress a report containing the findings under the 

4 study and any recommendations for legislative action con5 cerning driver commuting. 

6 SEC. 32606. HOUSEHOLD GOODS CONSUMER PROTECTION 

7 WORKING GROUP. 

8 (a) WORKING GROUP.—The Secretary shall establish 

9 a working group for the purpose of developing recommenda10 tions on how to best convey to inexperienced consumers the 

11 information such consumers need to know with respect to 

12 the Federal laws concerning the interstate transportation 

13 of household goods by motor carrier. 

14 (b) MEMBERSHIP.—The Secretary shall ensure that 

15 the working group is comprised of individuals with exper16 tise in consumer affairs, educators with expertise in how 

17 people learn most effectively, and representatives of the 

18 household goods moving industry. 

19 (c) RECOMMENDATIONS.— 

20 (1) CONTENTS.—The recommendations developed 

21 by the working group shall include, at a minimum, 

22 recommendations on— 

23 (A) condensing publication ESA 03005 of 

24 the Federal Motor Carrier Safety Administration 
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1 into a format that is more easily used by con2 sumers; 

3 (B) using state-of-the-art education tech4 niques and technologies, including optimizing 

5 the use of the Internet as an educational tool; 

6 and 

7 (C) reducing and simplifying the paperwork 

8 required of motor carriers and shippers in inter9 state transportation. 

10 (2) DEADLINE.—Not later than one year after 

11 the date of enactment of this Act, the working group 

12 shall make the recommendations described in para13 graph (1) which the Secretary shall publish on a pub14 lic website. 

15 (d) REPORT.—Not later than 1 year after the date on 

16 which the working group makes its recommendations, the 

17 Secretary shall issue a report to Congress on the implemen18 tation of such recommendations. 

19 (e) FEDERAL ADVISORY COMMITTEE ACT EXEMP20 TION.—The Federal Advisory Committee Act (5 U.S.C. 

21 App.) shall not apply to the working group established 

22 under this section. 

23 (f) TERMINATION.—The working group shall terminate 

24 2 years after the date of enactment of this Act. 
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1 SEC. 32607. INTERSTATE VAN OPERATIONS. 

2 Section 4136 of SAFETEA–LU (Public Law 109–59; 

3 119 Stat. 1745; 49 U.S.C. 3116 note) is amended by insert4 ing ‘‘with the exception of commuter vanpool operations, 

5 which shall remain exempt’’ before the period at the end. 

6 SEC. 32608. REPORT ON DESIGN AND IMPLEMENTATION OF 

7 WIRELESS ROADSIDE INSPECTION SYSTEMS. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Secretary shall submit 

10 to the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Transportation 

12 and Infrastructure of the House of Representatives a report 

13 regarding the design, development, testing, and implemen14 tation of wireless roadside inspection systems. 

15 (b) ELEMENTS.—The report required under subsection 

16 (a) shall include a determination as to whether wireless 

17 roadside inspection systems— 

18 (1) conflict with existing non-Federal electronic 

19 screening systems, or create capabilities already 

20 available; 

21 (2) require additional statutory authority to in22 corporate generated inspection data into the safety 

23 measurement system or the safety fitness determina24 tions program; and 
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1 (3) provide appropriate restrictions to specifi2 cally address privacy concerns of affected motor car3 riers and operators. 

4 SEC. 32609. MOTORCOACH HOURS OF SERVICE STUDY. 

5 (a) REQUIREMENT BEFORE IMPLEMENTING NEW

6 RULES.— 

7 (1) IN GENERAL.—The Secretary may not 

8 amend, adjust, or revise the driver hours of service 

9 regulations for motor carriers of passengers, by rule10 making or any other means, until the Secretary con11 ducts a formal study that properly accounts for oper12 ational differences and variances in crash data for 

13 drivers in intercity motorcoach service and interstate 

14 property carrier operations and between segments of 

15 the intercity motorcoach industry. 

16 (2) CONTENTS.—The study required under para17 graph (1) shall include— 

18 (A) the impact of the current hours of serv19 ice regulations for motor carriers of passengers 

20 on fostering safe operation of intercity 

21 motorcoaches; 

22 (B) the separation of the failures of the cur23 rent passenger carrier hours-of-service regula24 tions and the lack of enforcement of the current 

25 regulations by Federal and State agencies; 
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1 (C) the correlation of noncompliance with 

2 current passenger carrier hours of service rule to 

3 passenger carrier accidents using data from 2000 

4 through 2013; and 

5 (D) how passenger carrier crashes could 

6 have been mitigated by any changes to passenger 

7 carrier hours of service rules. 

8 (b) EMERGENCY REGULATIONS.—Nothing in this sec9 tion may be construed to affect the Secretary’s existing au10 thority to provide relief from the hours of service regulations 

11 in the event of an emergency under section 390.232 of title 

12 49, Code of Federal Regulations. 

13 SEC. 32610. GAO REVIEW OF SCHOOL BUS SAFETY. 

14 Not later than 1 year after the date of enactment of 

15 this Act, the Comptroller General of the United States shall 

16 submit, to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on Trans18 portation and Infrastructure of the House of Representa19 tives, a review of the following: 

20 (1) Existing Federal and State rules and guid21 ance, as of the date of the review, concerning school 

22 bus transportation of elementary school and sec23 ondary school students engaging in home-to-school 

24 transport or other transport determined by the Comp25 troller General to be a routine part of kindergarten 
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1 through grade 12 education, including regulations 

2 and guidance regarding driver training programs, ca3 pacity requirements, programs for special needs stu4 dents, inspection standards, vehicle age requirements, 

5 best practices, and public access to inspection results 

6 and crash records. 

7 (2) Any correlation between public or private 

8 school bus fleet operators whose vehicles are involved 

9 in an accident as defined by section 390.5 of title 49, 

10 Code of Federal Regulations, and each of the fol11 lowing: 

12 (A) A failure by those same operators of 

13 State or local safety inspections. 

14 (B) The average age or odometer readings of 

15 the school buses in the fleets of such operators. 

16 (C) Violations of Federal laws administered 

17 by the Department of Transportation, or of State 

18 law equivalents of such laws. 

19 (D) Violations of State or local law relating 

20 to illegal passing of a school bus. 

21 (3) A regulatory framework comparison of public 

22 and private school bus operations. 

23 (4) Expert recommendations on best practices for 

24 safe and reliable school bus transportation, including 

25 driver training programs, inspection standards, 
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1 school bus age and odometer reading maximums for 

2 retirement, the percentage of buses in a local bus fleet 

3 needed as spare buses, and capacity levels per school 

4 bus for different age groups. 

5 SEC. 32611. USE OF HAIR TESTING FOR PREEMPLOYMENT 

6 AND RANDOM CONTROLLED SUBSTANCES 

7 TESTS. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Drug Free Commercial Driver Act of 2015’’. 

10 (b) AUTHORIZATION OF HAIR TESTING AS AN ACCEPT11 ABLE PROCEDURE FOR PREEMPLOYMENT AND RANDOM

12 CONTROLLED SUBSTANCE TESTS.—Section 31306 is 

13 amended— 

14 (1) in subsection (b)(1)— 

15 (A) by redesignating subparagraph (B) as 

16 subparagraph (C); and 

17 (B) in subparagraph (A), by striking ‘‘The 

18 regulations shall permit such motor carriers to 

19 conduct preemployment testing of such employees 

20 for the use of alcohol.’’ and inserting the fol21 lowing: 

22 ‘‘(B) The regulations prescribed under subparagraph 

23 (A) shall permit motor carriers— 
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1 ‘‘(i) to conduct preemployment testing of com2 mercial motor vehicle operators for the use of alcohol; 

3 and 

4 ‘‘(ii) to use hair testing as an acceptable alter5 native to urinalysis— 

6 ‘‘(I) in conducting preemployment screening 

7 for the use of a controlled substance; and 

8 ‘‘(II) in conducting random screening for 

9 the use of a controlled substance by individuals 

10 who were subject to preemployment screening.’’; 

11 and 

12 (2) in subsection (c)(2)— 

13 (A) in subparagraph (B), by striking ‘‘and’’ 

14 at the end; 

15 (B) in subparagraph (C), by inserting 

16 ‘‘and’’ after the semicolon; and 

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

18 ‘‘(D) laboratory protocols and cut-off levels 

19 for hair testing to detect the use of a controlled 

20 substance;’’. 

21 (c) EXEMPTION FROM MANDATORY URINALYSIS.— 

22 (1) IN GENERAL.—Any motor carrier that dem23 onstrates, to the satisfaction of the Administrator of 

24 the Federal Motor Carrier Safety Administration, in 

25 consultation with the Department of Health and 
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1 Human Services, that it can carry out an applicable 

2 hair testing program, consistent with generally ac3 cepted industry standards, to detect the use of a con4 trolled substance by commercial motor vehicle opera5 tors, may apply to the Administrator for an exemp6 tion from the mandatory urinalysis testing require7 ments set forth in subpart C of part 382 of title 49, 

8 Code of Federal Regulations until a final rule is 

9 issued implementing the amendments made by sub10 section (b). 

11 (2) EVALUATION OF APPLICATIONS.— 

12 (A) IN GENERAL.—In evaluating applica13 tions for an exemption under paragraph (1), the 

14 Administrator, in consultation with the Depart15 ment of Health and Human Services, shall deter16 mine if the applicant’s testing program employs 

17 procedures and protections similar to fleets that 

18 have carried out hair testing programs for at 

19 least 1 year. 

20 (B) REQUIREMENTS.—A testing program 

21 may not receive an exemption under paragraph 

22 (1) unless the applicable testing laboratories— 

23 (i) have obtained laboratory accredita24 tion specific to hair testing from an accred25 iting body, compliant with international or 
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1 other Federal standards, as appropriate, 

2 such as the College of American Patholo3 gists; and 

4 (ii) utilize hair testing assays that 

5 have been cleared by the Food and Drug 

6 Administration under section 510(k) of the 

7 Federal Food, Drug and Cosmetic Act (21 

8 U.S.C. 360(k)). 

9 (3) DEADLINE FOR DECISIONS.—Not later than 

10 90 days after receiving an application from a motor 

11 carrier under this subsection, the Administrator, in 

12 consultation with the Secretary of Health and 

13 Human Services, shall determine whether the motor 

14 carrier is exempt from the testing requirements de15 scribed in paragraph (1). 

16 (4) REPORTING REQUIREMENT.—Any motor car17 rier that is granted an exemption under paragraph 

18 (1) shall submit records to the national clearinghouse 

19 established under section 31306a of title 49, United 

20 States Code, relating to all positive test results and 

21 test refusals from the hair testing program described 

22 in that paragraph. 

23 (d) GUIDELINES FOR HAIR TESTING.—Not later than 

24 1 year after the date of the enactment of this Act, the Sec25 retary of Health and Human Services shall issue scientific 
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1 and technical guidelines for hair testing as a method of de2 tecting the use of a controlled substance for purposes of sec3 tion 31306 of title 49, United States Code, as amended by 

4 subsection (b). When issuing the scientific and technical 

5 guidelines, the Secretary of Health and Human Services 

6 may consider differentiating between exposure to, and usage 

7 of, various controlled substances. 

8 (e) ANNUAL REPORT TO CONGRESS.—The Secretary 

9 shall submit an annual report to Congress that— 

10 (1) summarizes the results of preemployment and 

11 random drug testing using both hair testing and uri12 nalysis; 

13 (2) evaluates the efficacy of each method; and 

14 (3) determines which method provides the most 

15 accurate means of detecting the use of controlled sub16 stances over time. 

17 TITLE XXXIII—HAZARDOUS 

18 MATERIALS 

19 SEC. 33101. ENDORSEMENTS. 

20 (a) EXCLUSIONS.—Section 5117(d)(1) is amended— 

21 (1) in subparagraph (B), by striking ‘‘and’’ at 

22 the end; 

23 (2) in subparagraph (C), by striking the period 

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

25 (3) by adding at the end the following: 
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1 ‘‘(D) a service vehicle (as defined in section 

2 33101 of the Comprehensive Transportation and 

3 Consumer Protection Act of 2015) carrying die4 sel fuel in quantities of 3,785 liters (1,000 gal5 lons) or less that is— 

6 ‘‘(i) driven by a class A commercial 

7 driver’s license holder who is a custom har8 vester, an agricultural retailer, an agricul9 tural business employee, an agricultural co10 operative employee, or an agricultural pro11 ducer; and 

12 ‘‘(ii) clearly marked with a placard 

13 reading ‘Diesel Fuel’.’’. 

14 (b) HAZARDOUS MATERIALS ENDORSEMENT EXEMP15 TION.—The Secretary shall exempt all class A commercial 

16 driver’s license holders who are custom harvesters, agricul17 tural retailers, agricultural business employees, agricul18 tural cooperative employees, or agricultural producers from 

19 the requirement to obtain a hazardous materials endorse20 ment under part 383 of title 49, Code of Federal Regula21 tions, while operating a service vehicle carrying diesel fuel 

22 in quantities of 3,785 liters (1,000 gallons) or less if the 

23 tank containing such fuel is clearly marked with a placard 

24 reading ‘‘Diesel Fuel’’. 
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1 (c) DEFINITION OF SERVICE VEHICLE.—In this sec2 tion, the term ‘‘service vehicle’’ means a vehicle carrying 

3 diesel fuel that will be deductible as a profit-seeking activ4 ity— 

5 (1) under section 162 of the Internal Revenue 

6 Code of 1986 as a business expense; or 

7 (2) under section 212 of the Internal Revenue 

8 Code of 1986 as a production of income expense. 

9 SEC. 33102. ENHANCED REPORTING. 

10 Section 5121(h) is amended by striking ‘‘transmit to 

11 the Committee on Transportation and Infrastructure of the 

12 House of Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate’’ and inserting 

14 ‘‘post on the Department of Transportation public website’’. 

15 SEC. 33103. HAZARDOUS MATERIAL INFORMATION. 

16 (a) DERAILMENT DATA.— 

17 (1) IN GENERAL.—Not later than 180 days after 

18 the date of enactment of this Act, the Secretary shall 

19 revise the form for reporting a rail equipment acci20 dent or incident under section 225.21 of title 49, Code 

21 of Federal Regulations (Form FRA F 6180.54, Rail 

22 Equipment Accident/Incident Report), including to 

23 its instructions, to require additional data concerning 

24 rail cars carrying crude oil or ethanol that are in-
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1 volved in a reportable rail equipment accident or in2 cident under part 225 of that title. 

3 (2) CONTENTS.—The data under subsection (a) 

4 shall include— 

5 (A) the number of rail cars carrying crude 

6 oil or ethanol; 

7 (B) the number of rail cars carrying crude 

8 oil or ethanol damaged or derailed; and 

9 (C) the number of rail cars releasing crude 

10 oil or ethanol. 

11 (3) DIFFERENTIATION.—The data described in 

12 paragraph (2) shall be reported separately for crude 

13 oil and for ethanol. 

14 (b) DATABASE CONNECTIVITY.— 

15 (1) IN GENERAL.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary shall 

17 implement information management practices to en18 sure that the Pipeline and Hazardous Materials Safe19 ty Administration Hazardous Materials Incident Re20 ports Database (referred to in this section as ‘‘Inci21 dent Reports Database’’) and the Federal Railroad 

22 Administration Railroad Safety Information System 

23 contain accurate and consistent data on a reportable 

24 rail equipment accident or incident under part 225 
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1 of title 49, Code of Federal Regulations, involving the 

2 release of hazardous materials. 

3 (2) IDENTIFIERS.—The Secretary shall ensure 

4 that the Incident Reports Database uses a searchable 

5 Federal Railroad Administration report number, or 

6 other applicable unique identifier that is linked to the 

7 Federal Railroad Safety Information System, for each 

8 reportable rail equipment accident or incident under 

9 part 225 of title 49, Code of Federal Regulations, in10 volving the release of hazardous materials. 

11 (c) EVALUATION.— 

12 (1) IN GENERAL.—The Department of Transpor13 tation Inspector General shall— 

14 (A) evaluate the accuracy of information in 

15 the Incident Reports Database, including deter16 mining whether any inaccuracies exist in— 

17 (i) the type of hazardous materials re18 leased; 

19 (ii) the quantity of hazardous mate20 rials released; 

21 (iii) the location of hazardous mate22 rials released; 

23 (iv) the damages or effects of hazardous 

24 materials released; and 
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1 (v) any other data contained in the 

2 database; and 

3 (B) considering the requirements in sub4 section (b), evaluate the consistency and accu5 racy of data involving accidents or incidents re6 portable to both the Pipeline and Hazardous Ma7 terials Safety Administration and the Federal 

8 Railroad Administration, including whether the 

9 Incident Reports Database uses a searchable 

10 identifier described in subsection (b)(2). 

11 (2) REPORT.—Not later than 18 months after the 

12 date of enactment of this Act, the Department of 

13 Transportation Inspector General shall submit to the 

14 Committee on Commerce, Science, and Transpor15 tation of the Senate and the Committee on Transpor16 tation and Infrastructure of the House of Representa17 tives a report of the findings under subparagraphs 

18 (A) and (B) of paragraph (1) and recommendations 

19 for resolving any inconsistencies or inaccuracies. 

20 (d) SAVINGS CLAUSE.—Nothing in this section may 

21 be construed to prohibit the Secretary from requiring other 

22 commodity-specific information for any reportable rail 

23 equipment accident or incident under part 225 of title 49, 

24 Code of Federal Regulations. 
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1 SEC. 33104. NATIONAL EMERGENCY AND DISASTER RE2 SPONSE. 

3 (a) PURPOSE.—Section 5101 is amended by inserting 

4 and ‘‘and to facilitate the safe movement of hazardous mate5 rials during national emergencies’’ after ‘‘commerce’’. 

6 (b) GENERAL REGULATORY AUTHORITY.—Section 

7 5103 is amended— 

8 (1) by redesignating subsections (c) and (d) as 

9 subsections (d) and (e), respectively; and 

10 (2) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) FEDERALLY DECLARED DISASTER AND EMER13 GENCY AREAS.—The Secretary, in consultation with the 

14 Secretary of Homeland Security, may prescribe standards 

15 to facilitate the safe movement of hazardous materials into, 

16 from, and within a federally declared disaster area or a 

17 national emergency area.’’. 

18 SEC. 33105. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 5128 is amended to read as follows: 

20 ‘‘§ 5128. Authorization of appropriations 

21 ‘‘(a) IN GENERAL.—There are authorized to be appro22 priated to the Secretary to carry out this chapter (except 

23 sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)— 

24 ‘‘(1) $43,660,000 for fiscal year 2016; 

25 ‘‘(2) $44,577,000 for fiscal year 2017; 

26 ‘‘(3) $45,513,000 for fiscal year 2018; 
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1 ‘‘(4) $46,469,000 for fiscal year 2019; 

2 ‘‘(5) $47,445,000 for fiscal year 2020; and 

3 ‘‘(6) $48,441,000 for fiscal year 2021. 

4 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE5 PAREDNESS FUND.—From the Hazardous Materials Emer6 gency Preparedness Fund established under section 5116(i), 

7 the Secretary may expend, during each of fiscal years 2016 

8 through 2021— 

9 ‘‘(1) $188,000 to carry out section 5115; 

10 ‘‘(2) $21,800,000 to carry out subsections (a) 

11 and (b) of section 5116, of which not less than 

12 $13,650,000 shall be available to carry out section 

13 5116(b); 

14 ‘‘(3) $150,000 to carry out section 5116(f); 

15 ‘‘(4) $625,000 to publish and distribute the 

16 Emergency Response Guidebook under section 

17 5116(i)(3); and 

18 ‘‘(5) $1,000,000 to carry out section 5116(j). 

19 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

20 From the Hazardous Materials Emergency Preparedness 

21 Fund established pursuant to section 5116(i), the Secretary 

22 may expend $4,000,000 for each of the fiscal years 2016 

23 through 2021 to carry out section 5107(e). 

24 ‘‘(d) CREDITS TO APPROPRIATIONS.— 
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1 ‘‘(1) EXPENSES.—In addition to amounts other2 wise made available to carry out this chapter, the 

3 Secretary may credit amounts received from a State, 

4 Indian tribe, or other public authority or private en5 tity for expenses the Secretary incurs in providing 

6 training to the State, authority, or entity. 

7 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

8 made available under this section shall remain avail9 able until expended.’’. 

10 TITLE XXXIV—HIGHWAY AND 

11 MOTOR VEHICLE SAFETY 

12 Subtitle A—Highway Traffic Safety 

13 PART I—HIGHWAY SAFETY 

14 SEC. 34101. AUTHORIZATION OF APPROPRIATIONS. 

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

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

17 than the Mass Transit Account): 

18 (1) HIGHWAY SAFETY PROGRAMS.—For carrying 

19 out section 402 of title 23, United States Code— 

20 (A) $243,526,500 for fiscal year 2016; 

21 (B) $252,267,972 for fiscal year 2017; 

22 (C) $261,229,288 for fiscal year 2018; 

23 (D) $270,415,429 for fiscal year 2019; 

24 (E) $279,831,482 for fiscal year 2020; and 

25 (F) $289,482,646 for fiscal year 2021. 
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1 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP2 MENT.—For carrying out section 403 of title 23, 

3 United States Code— 

4 (A) $137,835,000 for fiscal year 2016; 

5 (B) $140,729,535 for fiscal year 2017; 

6 (C) $143,684,855 for fiscal year 2018; 

7 (D) $146,702,237 for fiscal year 2019; 

8 (E) $149,782,984 for fiscal year 2020; and 

9 (F) $152,928,427 for fiscal year 2021. 

10 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

11 For carrying out section 405 of title 23, United States 

12 Code— 

13 (A) $274,720,000 for fiscal year 2016; 

14 (B) $277,467,200 for fiscal year 2017; 

15 (C) $280,241,872 for fiscal year 2018; 

16 (D) $283,044,291 for fiscal year 2019; 

17 (E) $285,874,734 for fiscal year 2020; and 

18 (F) $288,733,481 for fiscal year 2021. 

19 (4) NATIONAL DRIVER REGISTER.—For the Na20 tional Highway Traffic Safety Administration to 

21 carry out chapter 303 of title 49, United States 

22 Code— 

23 (A) $5,105,000 for fiscal year 2016; 

24 (B) $5,212,205 for fiscal year 2017; 

25 (C) $5,321,661 for fiscal year 2018; 
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1 (D) $5,433,416 for fiscal year 2019; 

2 (E) $5,547,518 for fiscal year 2020; and 

3 (F) $5,664,016 for fiscal year 2021. 

4 (5) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 

5 For carrying out section 2009 of SAFETEA–LU (23 

6 U.S.C. 402 note)— 

7 (A) $29,290,000 for fiscal year 2016; 

8 (B) $29,582,900 for fiscal year 2017; 

9 (C) $29,878,729 for fiscal year 2018; 

10 (D) $30,177,516 for fiscal year 2019; 

11 (E) $30,479,291 for fiscal year 2020; and 

12 (F) $30,784,084 for fiscal year 2021. 

13 (6) ADMINISTRATIVE EXPENSES.—For adminis14 trative and related operating expenses of the National 

15 Highway Traffic Safety Administration in carrying 

16 out chapter 4 of title 23, United States Code, and this 

17 subtitle— 

18 (A) $25,755,000 for fiscal year 2016; 

19 (B) $26,012,550 for fiscal year 2017; 

20 (C) $26,272,676 for fiscal year 2018; 

21 (D) $26,535,402 for fiscal year 2019; 

22 (E) $26,800,756 for fiscal year 2020; and 

23 (F) $27,068,764 for fiscal year 2021. 

24 (b) PROHIBITION ON OTHER USES.—Except as other25 wise provided in chapter 4 of title 23, United States Code, 
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1 in this subtitle, and in the amendments made by this sub2 title, the amounts made available from the Highway Trust 

3 Fund (other than the Mass Transit Account) for a program 

4 under such chapter— 

5 (1) shall only be used to carry out such program; 

6 and 

7 (2) may not be used by States or local govern8 ments for construction purposes. 

9 (c) APPLICABILITY OF TITLE 23.—Except as otherwise 

10 provided in chapter 4 of title 23, United States Code, and 

11 in this subtitle, amounts made available under subsection 

12 (a) for fiscal years 2016 through 2021 shall be available 

13 for obligation in the same manner as if such funds were 

14 apportioned under chapter 1 of title 23, United States Code. 

15 (d) REGULATORY AUTHORITY.—Grants awarded 

16 under this subtitle shall be in accordance with regulations 

17 issued by the Secretary. 

18 (e) STATE MATCHING REQUIREMENTS.—If a grant 

19 awarded under this subtitle requires a State to share in 

20 the cost, the aggregate of all expenditures for highway safety 

21 activities made during any fiscal year by the State and 

22 its political subdivisions (exclusive of Federal funds) for 

23 carrying out the grant (other than planning and adminis24 tration) shall be available for the purpose of crediting the 

25 State during such fiscal year for the non-Federal share of 
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1 the cost of any project under this subtitle (other than plan2 ning or administration) without regard to whether such ex3 penditures were actually made in connection with such 

4 project. 

5 (f) GRANT APPLICATION AND DEADLINE.—To receive 

6 a grant under this subtitle, a State shall submit an applica7 tion, and the Secretary shall establish a single deadline for 

8 such applications to enable the award of grants early in 

9 the next fiscal year. 

10 (g) TRANSFERS.—Section 405(a)(1)(G) of title 23, 

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

12 ‘‘(G) TRANSFERS.—Notwithstanding sub13 paragraphs (A) through (F), the Secretary shall 

14 reallocate, before the last day of any fiscal year, 

15 any amounts remaining available of the 

16 amounts allocated to carry out any of the activi17 ties described in subsections (b) through (g) to 

18 increase the amount made available to carry out 

19 section 402, in order to ensure, to the maximum 

20 extent possible, that all such amounts are obli21 gated during such fiscal year.’’. 

22 SEC. 34102. HIGHWAY SAFETY PROGRAMS. 

23 (a) RESTRICTION.—Section 402(g) of title 23, United 

24 States Code, is amended to read as follows: 
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1 ‘‘(g) RESTRICTION.—Nothing in this section may be 

2 construed to authorize the appropriation or expenditure of 

3 funds for highway construction, maintenance, or design 

4 (other than design of safety features of highways to be incor5 porated into guidelines).’’. 

6 (b) USE OF FUNDS.— 

7 (1) HIGHWAY SAFETY PROGRAMS.—Section 

8 402(c)(2) of title 23, United States Code, is amended 

9 by inserting ‘‘A State may provide the funds appor10 tioned under this section to a political subdivision of 

11 a State, including Indian tribal governments.’’ after 

12 ‘‘neighboring States.’’. 

13 (2) NATIONAL PRIORITY SAFETY PROGRAMS.— 

14 Section 405(a)(1) is amended by adding at the end 

15 the following: 

16 ‘‘(I) POLITICAL SUBDIVISIONS.—A State 

17 may provide the funds awarded under this sec18 tion to a political subdivision of a State, includ19 ing Indian tribal governments.’’. 

20 (c) TRACKING PROCESS.—Section 412 of title 23, 

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

22 following: 

23 ‘‘(f) TRACKING PROCESS.—The Secretary shall develop 

24 a process to identify and mitigate possible systemic issues 

25 across States and regional offices by reviewing oversight 
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1 findings and recommended actions identified in triennial 

2 State management reviews.’’. 

3 (d) HIGHWAY SAFETY PLANS.—Section 402(k)(5)(A) 

4 of title 23, United States Code, is amended by striking ‘‘60’’ 

5 and inserting ‘‘45’’. 

6 (e) MAINTENANCE OF EFFORT.—Section 405(a)(1)(H) 

7 of title 23, United States Code, is amended to read as fol8 lows: 

9 ‘‘(H) MAINTENANCE OF EFFORT CERTIFI10 CATION.—As part of the grant application re11 quired in section 402(k)(3)(F), a State receiving 

12 a grant in any fiscal year under subsection (b), 

13 subsection (c), or subsection (d) of this section 

14 shall provide certification that the lead State 

15 agency responsible for programs described in any 

16 of those sections is maintaining aggregate ex17 penditures at or above the average level of such 

18 expenditures in the 2 fiscal years prior to the 

19 date of enactment of the Comprehensive Trans20 portation and Consumer Protection Act of 

21 2015.’’. 

22 SEC. 34103. GRANTS FOR ALCOHOL-IGNITION INTERLOCK 

23 LAWS AND 24–7 SOBRIETY PROGRAMS. 

24 Section 405(d) of title 23, United States Code, is 

25 amended— 
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1 (1) in paragraph (6)— 

2 (A) by amending the heading to read as fol3 lows: ‘‘ADDITIONAL GRANTS.—’’; 

4 (B) in subparagraph (A), by amending the 

5 heading to read as follows: ‘‘GRANTS TO STATES

6 WITH ALCOHOL-IGNITION INTERLOCK LAWS.—’’; 

7 (C) by redesignating subparagraphs (B) 

8 through (D) as subparagraphs (C) through (E), 

9 respectively; 

10 (D) by inserting after subparagraph (A), 

11 the following: 

12 ‘‘(B) GRANTS TO STATES WITH 24–7 SOBRI13 ETY PROGRAMS.—The Secretary shall make a 

14 separate grant under this subsection to each 

15 State that— 

16 ‘‘(i) adopts and is enforcing a law that 

17 requires all individuals convicted of driving 

18 under the influence of alcohol or of driving 

19 while intoxicated to receive a restriction on 

20 driving privileges; and 

21 ‘‘(ii) provides a 24–7 sobriety pro22 gram.’’; 

23 (E) in subparagraph (C), as redesignated, 

24 by inserting ‘‘and subparagraph (B)’’ after ‘‘sub25 paragraph (A)’’; 
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1 (F) in subparagraph (D), as redesignated, 

2 by inserting ‘‘and subparagraph (B)’’ after ‘‘sub3 paragraph (A)’’; 

4 (G) by amending subparagraph (E), as re5 designated, to read as follows: 

6 ‘‘(E) FUNDING.— 

7 ‘‘(i) FUNDING FOR GRANTS TO STATES

8 WITH ALCOHOL-IGNITION INTERLOCK

9 LAWS.—Not more than 12 percent of the 

10 amounts made available to carry out this 

11 subsection in a fiscal year shall be made 

12 available by the Secretary for making 

13 grants under subparagraph (A). 

14 ‘‘(ii) FUNDING FOR GRANTS TO STATES

15 WITH 24–7 SOBRIETY PROGRAMS.—Not more 

16 than 3 percent of the amounts made avail17 able to carry out this subsection in a fiscal 

18 year shall be made available by the Sec19 retary for making grants under subpara20 graph (B).’’; and 

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

22 ‘‘(F) EXCEPTIONS.—A State alcohol-igni23 tion interlock law under subparagraph (A) may 

24 include exceptions for the following cir25 cumstances: 
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1 ‘‘(i) The individual is required to oper2 ate an employer’s motor vehicle in the 

3 course and scope of employment and the 

4 business entity that owns the vehicle is not 

5 owned or controlled by the individual. 

6 ‘‘(ii) The individual is certified by a 

7 medical doctor as being unable to provide a 

8 deep lung breath sample for analysis by an 

9 ignition interlock device.’’; and 

10 (2) in paragraph (7)(A)— 

11 (A) in the matter preceding clause (i)— 

12 (i) by striking ‘‘or a State agency’’ 

13 and inserting ‘‘or an agency with jurisdic14 tion’’; and 

15 (ii) by inserting ‘‘bond,’’ before ‘‘sen16 tence’’; 

17 (B) in clause (i), by striking ‘‘who plead 

18 guilty or’’ and inserting ‘‘who was arrested, 

19 plead guilty, or’’; and 

20 (C) in clause (ii), by inserting ‘‘at a testing 

21 location’’ after ‘‘per day’’. 

22 SEC. 34104. REPEAT OFFENDER CRITERIA. 

23 Section 164(a) of title 23, United States Code, is 

24 amended— 
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1 (1) by redesignating paragraphs (1) through (4) 

2 as paragraphs (2) through (5), respectively; 

3 (2) by inserting before paragraph (2), as redesig4 nated, the following: 

5 ‘‘(1) 24–7 SOBRIETY PROGRAM.—The term ‘24– 

6 7 sobriety program’ has the meaning given the term 

7 in section 405(d)(7)(A).’’; 

8 (3) in paragraph (5), as redesignated— 

9 (A) in the matter preceding subparagraph 

10 (A), by inserting ‘‘or combination of laws or pro11 grams’’ after ‘‘State law’’; and 

12 (B) by amending subparagraph (A) to read 

13 as follows: 

14 ‘‘(A) receive, for a period of not less than 1 

15 year— 

16 ‘‘(i) a suspension of all driving privi17 leges; 

18 ‘‘(ii) a restriction on driving privileges 

19 that limits the individual to operating only 

20 motor vehicles with an ignition interlock de21 vice installed, unless a special exception ap22 plies; 

23 ‘‘(iii) a restriction on driving privi24 leges that limits the individual to operating 

25 motor vehicles only if participating in, and 
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1 complying with, a 24–7 sobriety program; 

2 or 

3 ‘‘(iv) any combination of clauses (i) 

4 through (iii);’’; 

5 (C) by striking subparagraph (B); 

6 (D) by redesignating subparagraphs (C) 

7 and (D) as subparagraphs (B) and (C), respec8 tively; and 

9 (E) in subparagraph (C), as redesignated— 

10 (i) in clause (i)— 

11 (I) in subclause (I), by striking ‘‘; 

12 or’’ and inserting a semicolon; 

13 (II) in subclause (II), by striking 

14 ‘‘; and’’; and inserting ‘‘; or’’; and 

15 (III) by adding at the end the fol16 lowing: 

17 ‘‘(III) the State certifies that the 

18 general practice is that such an indi19 vidual will be incarcerated; and’’; and 

20 (ii) in clause (ii)— 

21 (I) in subclause (I), by striking ‘‘; 

22 or’’ and inserting a semicolon; 

23 (II) in subclause (II), by striking 

24 ‘‘; and’’; and inserting ‘‘; or’’; and 
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1 (III) by adding at the end the fol2 lowing: 

3 ‘‘(III) the State certifies that the 

4 general practice is that such an indi5 vidual will receive approximately 10 

6 days of incarceration.’’; and 

7 (4) by adding at the end— 

8 ‘‘(6) SPECIAL EXCEPTION.—The term ‘special ex9 ception’ means an exception under a State alcohol-ig10 nition interlock law for the following circumstances: 

11 ‘‘(A) The individual is required to operate 

12 an employer’s motor vehicle in the course and 

13 scope of employment and the business entity that 

14 owns the vehicle is not owned or controlled by 

15 the individual. 

16 ‘‘(B) The individual is certified by a med17 ical doctor as being unable to provide a deep 

18 lung breath sample for analysis by an ignition 

19 interlock device.’’. 

20 SEC. 34105. STUDY ON THE NATIONAL ROADSIDE SURVEY 

21 OF ALCOHOL AND DRUG USE BY DRIVERS. 

22 Not later than 180 days after the date that the Comp23 troller General reviews and reports on the overall value of 

24 the National Roadside Survey to researchers and other pub25 lic safety stakeholders, the differences between a National 
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1 Roadside Survey site and typical law enforcement check2 points, and the effectiveness of the National Roadside Sur3 vey methodology at protecting the privacy of the driving 

4 public, as requested by the Committee on Appropriations 

5 of the Senate on June 5, 2014 (Senate Report 113–182), 

6 the Secretary shall report to Congress on the National High7 way Traffic Safety Administration’s progress toward re8 viewing that report and implementing any recommenda9 tions made in that report. 

10 SEC. 34106. INCREASING PUBLIC AWARENESS OF THE DAN11 GERS OF DRUG-IMPAIRED DRIVING. 

12 (a) ADDITIONAL ACTIONS.—The Administrator of the 

13 National Highway Traffic Safety Administration, in con14 sultation with the White House Office of National Drug 

15 Control Policy, the Secretary of Health and Human Serv16 ices, State highway safety offices, and other interested par17 ties, as determined by the Administrator, shall identify and 

18 carry out additional actions that should be undertaken by 

19 the Administration to assist States in their efforts to in20 crease public awareness of the dangers of drug-impaired 

21 driving, including the dangers of driving while under the 

22 influence of heroin or prescription opioids. 

23 (b) REPORT.—Not later than 60 days after the date 

24 of enactment of this Act, the Administrator shall submit 

25 a report to the Committee on Commerce, Science, and 
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1 Transportation of the Senate and the Committee on Trans2 portation and Infrastructure of the House of Representa3 tives that describes the additional actions undertaken by the 

4 Administration pursuant to subsection (a). 

5 SEC. 34107. IMPROVEMENT OF DATA COLLECTION ON 

6 CHILD OCCUPANTS IN VEHICLE CRASHES. 

7 (a) IN GENERAL.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary shall revise the crash 

9 investigation data collection system of the National High10 way Traffic Safety Administration to include the collection 

11 of the following data in connection with vehicle crashes 

12 whenever a child restraint system was in use in a vehicle 

13 involved in a crash: 

14 (1) The type or types of child restraint systems 

15 in use during the crash in any vehicle involved in the 

16 crash, including whether a five-point harness or belt17 positioning booster. 

18 (2) If a five-point harness child restraint system 

19 was in use during the crash, whether the child re20 straint system was forward-facing or rear-facing in 

21 the vehicle concerned. 

22 (b) CONSULTATION.—In implementing subsection (a), 

23 the Secretary shall work with law enforcement officials, 

24 safety advocates, the medical community, and research or25 ganizations to improve the recordation of data described in 
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1 subsection (a) in police and other applicable incident re2 ports. 

3 (c) REPORT.—Not later than 3 years after the date of 

4 enactment of this Act, the Secretary shall submit to the 

5 Committee on Commerce, Science, and Transportation of 

6 the Senate and the Committee on Energy and Commerce 

7 of the House of Representatives a report on child occupant 

8 crash data collection in the crash investigation data collec9 tion system of the National Highway Traffic Safety Admin10 istration pursuant to the revision required by subsection 

11 (a). 

12 PART II—STOP MOTORCYCLE CHECKPOINT 

13 FUNDING ACT 

14 SEC. 34121. SHORT TITLE. 

15 This part may be cited as the ‘‘Stop Motorcycle Check16 point Funding Act’’. 

17 SEC. 34122. GRANT RESTRICTION. 

18 Notwithstanding section 153 of title 23, United States 

19 Code, the Secretary may not provide a grant or any funds 

20 to a State, county, town, township, Indian tribe, munici21 pality, or other local government that may be used for any 

22 program— 

23 (1) to check helmet usage; or 

24 (2) to create checkpoints that specifically target 

25 motorcycle operators or motorcycle passengers. 
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1 PART III—IMPROVING DRIVER SAFETY ACT OF 

2 2015 

3 SEC. 34131. SHORT TITLE. 

4 This part may be cited as the ‘‘Improving Driver Safe5 ty Act of 2015’’. 

6 SEC. 34132. DISTRACTED DRIVING INCENTIVE GRANTS. 

7 Section 405(e) of title 23, United States Code, is 

8 amended— 

9 (1) in paragraph (1), by inserting ‘‘includes dis10 tracted driving issues as part of the State’s driver’s 

11 license examination and’’ after ‘‘any State that’’; 

12 (2) in paragraph (2)— 

13 (A) in subparagraph (B), by striking ‘‘and’’ 

14 at the end; 

15 (B) by amending subparagraph (C) to read 

16 as follows: 

17 ‘‘(C) establishes a minimum fine for a vio18 lation of the statute; and’’; and 

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

20 ‘‘(D) does not provide for an exception that 

21 specifically allows a driver to use a personal 

22 wireless communications device for texting while 

23 stopped in traffic.’’; 

24 (3) in paragraph (3)— 

25 (A) by amending subparagraph (A) to read 

26 as follows: 
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1 ‘‘(A) prohibits the use of a personal wireless 

2 communications device while driving for driv3 ers— 

4 ‘‘(i) younger than 18 years of age; or 

5 ‘‘(ii) in the learner’s permit and inter6 mediate license stages;’’; and 

7 (B) by striking subparagraphs (C) and (D) 

8 and inserting the following: 

9 ‘‘(C) establishes a minimum fine for a vio10 lation of the statute; and 

11 ‘‘(D) does not provide for an exception that 

12 specifically allows a driver to text through a per13 sonal wireless communications device while 

14 stopped in traffic.’’; and 

15 (4) in paragraph (4)— 

16 (A) in subparagraph (B)(ii), by striking 

17 ‘‘and’’ at the end; 

18 (B) in subparagraph (C)— 

19 (i) by striking ‘‘section 31152’’ and in20 serting ‘‘section 31136’’; and 

21 (ii) by striking the period at the end 

22 and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following: 
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1 ‘‘(D) any additional exceptions determined 

2 by the Secretary through the rulemaking proc3 ess.’’; 

4 (5) by amending paragraph (6) to read as fol5 lows: 

6 ‘‘(6) ADDITIONAL DISTRACTED DRIVING

7 GRANTS.— 

8 ‘‘(A) IN GENERAL.—Notwithstanding para9 graph (1), the Secretary shall use up to 50 per10 cent of the amounts available for grants under 

11 this subsection to award grants to any State 

12 that— 

13 ‘‘(i) in fiscal year 2017— 

14 ‘‘(I) certifies that it has enacted a 

15 basic text messaging statute that— 

16 ‘‘(aa) is applicable to drivers 

17 of all ages; and 

18 ‘‘(bb) makes violation of the 

19 basic text messaging statute a pri20 mary offense or secondary enforce21 ment action as allowed by State 

22 statute; and 

23 ‘‘(II) is otherwise ineligible for a 

24 grant under this subsection; and 

25 ‘‘(ii) in fiscal year 2018— 
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1 ‘‘(I) meets the requirements under 

2 clause (i); 

3 ‘‘(II) imposes fines for violations; 

4 and 

5 ‘‘(III) has a statute that prohibits 

6 drivers who are younger than 18 years 

7 of age from using a personal wireless 

8 communications device while driving. 

9 ‘‘(B) USE OF GRANT FUNDS.— 

10 ‘‘(i) IN GENERAL.—Notwithstanding 

11 paragraph (5) and subject to clauses (ii) 

12 and (iii) of this subparagraph, amounts re13 ceived by a State under subparagraph (A) 

14 may be used for activities related to the en15 forcement of distracted driving laws, includ16 ing for public information and awareness 

17 purposes. 

18 ‘‘(ii) FISCAL YEAR 2017.—In fiscal year 

19 2017, up to 15 percent of the amounts re20 ceived by a State under subparagraph (A) 

21 may be used for any eligible project or ac22 tivity under section 402. 

23 ‘‘(iii) FISCAL YEAR 2018.—In fiscal 

24 year 2018, up to 25 percent of the amounts 

25 received by a State under subparagraph (A) 
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1 may be used for any eligible project or ac2 tivity under section 402.’’; and 

3 (6) in paragraph (9)(A)(i), by striking ‘‘, includ4 ing operation while temporarily stationary because of 

5 traffic, a traffic light or stop sign, or otherwise’’. 

6 SEC. 34133. BARRIERS TO DATA COLLECTION REPORT. 

7 Not later than 180 days after the date of the enactment 

8 of this Act, the Administrator of the National Highway 

9 Traffic Safety Administration shall submit a report to the 

10 Committee on Commerce, Science, and Transportation of 

11 the Senate, the Committee on Energy and Commerce of the 

12 House of Representatives, and the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 that— 

15 (1) identifies any legal and technical barriers to 

16 capturing adequate data on the prevalence of the use 

17 of wireless communications devices while driving; and 

18 (2) provides recommendations on how to address 

19 such barriers. 

20 SEC. 34134. MINIMUM REQUIREMENTS FOR STATE GRAD21 UATED DRIVER LICENSING INCENTIVE 

22 GRANT PROGRAM. 

23 Section 405(g)(2) of title 23, United States Code, is 

24 amended— 
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† HR 22 EAS 

1 (1) in subparagraph (A), by striking ‘‘21’’ and 

2 inserting ‘‘18’’; and 

3 (2) by amending subparagraph (B) to read as 

4 follows: 

5 ‘‘(B) LICENSING PROCESS.—A State is in 

6 compliance with the 2-stage licensing process de7 scribed in this subparagraph if the State’s driv8 er’s license laws include— 

9 ‘‘(i) a learner’s permit stage that— 

10 ‘‘(I) is at least 6 months in dura11 tion; 

12 ‘‘(II) contains a prohibition on 

13 the driver using a personal wireless 

14 communications device (as defined in 

15 subsection (e)) while driving except 

16 under an exception permitted under 

17 paragraph (4) of that subsection, and 

18 makes a violation of the prohibition a 

19 primary offense; 

20 ‘‘(III) requires applicants to suc21 cessfully pass a vision and knowledge 

22 assessment prior to receiving a learn23 er’s permit; 

24 ‘‘(IV) requires that the driver be 

25 accompanied and supervised at all 
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† HR 22 EAS 

1 times while the driver is operating a 

2 motor vehicle by a licensed driver who 

3 is at least 21 years of age or is a 

4 State-certified driving instructor; 

5 ‘‘(V) has a requirement that the 

6 driver— 

7 ‘‘(aa) complete a State-cer8 tified driver education or training 

9 course; or 

10 ‘‘(bb) obtain at least 50 hours 

11 of behind-the-wheel training, with 

12 at least 10 hours at night, with a 

13 licensed driver; 

14 ‘‘(VI) remains in effect until the 

15 driver— 

16 ‘‘(aa) reaches 16 years of age 

17 and enters the intermediate stage; 

18 or 

19 ‘‘(bb) reaches 18 years of age; 

20 ‘‘(ii) an intermediate stage that— 

21 ‘‘(I) commences immediately after 

22 the expiration of the learner’s permit 

23 stage and successful completion of a 

24 driving skills assessment; 
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1 ‘‘(II) is at least 6 months in du2 ration; 

3 ‘‘(III) prohibits the driver from 

4 using a personal wireless communica5 tions device (as defined in subsection 

6 (e)) while driving except under an ex7 ception permitted under paragraph (4) 

8 of that subsection, and makes a viola9 tion of the prohibition a primary of10 fense; 

11 ‘‘(IV) for the first 6 month of the 

12 intermediate stage, restricts driving at 

13 night between the hours of 10:00 p.m. 

14 and 5:00 a.m. when not supervised by 

15 a licensed driver 21 years of age or 

16 older, excluding transportation to 

17 work, school, religious activities, or 

18 emergencies; 

19 ‘‘(V) prohibits the driver from op20 erating a motor vehicle with more than 

21 1 nonfamilial passenger younger than 

22 21 years of age unless a licensed driver 

23 who is at least 21 years of age is in the 

24 motor vehicle; and 
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1 ‘‘(VI) remains in effect until the 

2 driver reaches 17 years of age; and 

3 ‘‘(iii) a learner’s permit and inter4 mediate stage that require, in addition to 

5 any other penalties imposed by State law, 

6 the granting of an unrestricted driver’s li7 cense be automatically delayed for any indi8 vidual who, during the learner’s permit or 

9 intermediate stage, is convicted of a driv10 ing-related offense during the first 6 

11 months, including— 

12 ‘‘(I) driving while intoxicated; 

13 ‘‘(II) misrepresentation of the in14 dividual’s age; 

15 ‘‘(III) reckless driving; 

16 ‘‘(IV) driving without wearing a 

17 seat belt; 

18 ‘‘(V) speeding; or 

19 ‘‘(VI) any other driving-related of20 fense, as determined by the Secretary.’’. 
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1 PART IV—TECHNICAL AND CONFORMING 

2 AMENDMENTS 

3 SEC. 34141. TECHNICAL CORRECTIONS TO THE MOTOR VE4 HICLE AND HIGHWAY SAFETY IMPROVEMENT 

5 ACT OF 2012. 

6 (a) HIGHWAY SAFETY PROGRAMS.—Section 402 of 

7 title 23, United States Code is amended— 

8 (1) in subsection (b)(1)(C), by striking ‘‘except 

9 as provided in paragraph (3),’’; 

10 (2) in subsection (b)(1)(E)— 

11 (A) by striking ‘‘in which a State’’ and in12 serting ‘‘for which a State’’; and 

13 (B) by striking ‘‘subsection (f)’’ and insert14 ing ‘‘subsection (k)’’; and 

15 (3) in subsection (k)(4), by striking ‘‘paragraph 

16 (2)(A)’’ and inserting ‘‘paragraph (3)(A)’’. 

17 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP18 MENT.—Section 403(e) of title 23, United States Code is 

19 amended by inserting ‘‘of title 49’’ after ‘‘chapter 301’’. 

20 (c) NATIONAL PRIORITY SAFETY PROGRAMS.—Section 

21 405 of title 23, United States Code is amended— 

22 (1) in subsection (d)(5), by striking ‘‘section 

23 402(c)’’ and inserting ‘‘section 402’’; and 

24 (2) in subsection (f)(4)(A)(iv), by striking ‘‘de25 veloped under subsection (g)’’. 
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1 Subtitle B—Vehicle Safety 

2 SEC. 34201. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) IN GENERAL.—Subject to subsection (b), there is 

4 authorized to be appropriated to the Secretary to carry out 

5 chapter 301 of title 49, and part C of subtitle VI of title 

6 49, United States Code, amounts as follows: 

7 (1) $132,730,000 for fiscal year 2016. 

8 (2) $135,517,330 for fiscal year 2017. 

9 (3) $138,363,194 for fiscal year 2018. 

10 (4) $141,268,821 for fiscal year 2019. 

11 (5) $144,235,466 for fiscal year 2020. 

12 (6) $147,264,411 for fiscal year 2021. 

13 (b) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS

14 IF A CERTIFICATION IS MADE.— 

15 (1) IN GENERAL.—In addition to the amounts 

16 authorized to be appropriated under subsection (a) to 

17 carry out chapter 301 of title 49, and part C of sub18 title VI of title 49, United States Code, if the certifi19 cation described in paragraph (2) is made during a 

20 fiscal year there is authorized to be appropriated to 

21 the Secretary for that purpose for that fiscal year and 

22 subsequent fiscal years an additional amount as fol23 lows: 

24 (A) $46,270,000 for fiscal year 2016. 

25 (B) $51,537,670 for fiscal year 2017. 
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† HR 22 EAS 

1 (C) $57,296,336 for fiscal year 2018. 

2 (D) $62,999,728 for fiscal year 2019. 

3 (E) $69,837,974 for fiscal year 2020. 

4 (F) $76,656,407 for fiscal year 2021. 

5 (2) CERTIFICATION DESCRIBED.—The certifi6 cation described in this paragraph is a certification 

7 made by the Secretary and submitted to Congress that 

8 the National Highway Traffic Safety Administration 

9 has implemented all of the recommendations in the 

10 Office of Inspector General Audit Report issued June 

11 18, 2015 (ST–2015–063). As part of the certification, 

12 the Secretary shall review the actions the National 

13 Highway Traffic Safety Administration has taken to 

14 implement the recommendations and issue a report to 

15 Congress detailing how the recommendations were im16 plemented. The Secretary shall not delegate or assign 

17 the responsibility under this paragraph. 

18 SEC. 34202. INSPECTOR GENERAL RECOMMENDATIONS. 

19 (a) IN GENERAL.—Not later than 90 days after the 

20 date of enactment of this Act, and periodically thereafter 

21 until the completion date, the Department of Transpor22 tation Inspector General shall report to the appropriate 

23 committees of Congress on whether and what progress has 

24 been made to implement the recommendations in the Office 
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1 of Inspector General Audit Report issued June 18, 2015 

2 (ST–2015–063). 

3 (b) IMPLEMENTATION PROGRESS.—The Administrator 

4 of the National Highway Traffic Safety Administration 

5 shall— 

6 (1) not later than 90 days after the date of en7 actment of this Act, and periodically thereafter until 

8 the completion date, provide a briefing to the appro9 priate committees of Congress on the actions the Ad10 ministrator has taken to implement the recommenda11 tions in the audit report described in subsection (a), 

12 including a plan for implementing any remaining 

13 recommendations; and 

14 (2) not later than 1 year after the date of enact15 ment of this Act, issue a final report to the appro16 priate committees of Congress on the implementation 

17 of all of the recommendations in the audit report de18 scribed in subsection (a). 

19 (c) DEFINITIONS.—In this section: 

20 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

21 The term ‘‘appropriate committees of Congress’’ 

22 means the Committee on Commerce, Science, and 

23 Transportation of the Senate and the Committee on 

24 Energy and Commerce of the House of Representa25 tives. 
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1 (2) COMPLETION DATE.—The term ‘‘completion 

2 date’’ means the date that the National Highway 

3 Traffic Safety Administration has implemented all of 

4 the recommendations in the Office of Inspector Gen5 eral Audit Report issued June 18, 2015 (ST–2015– 

6 063). 

7 SEC. 34203. IMPROVEMENTS IN AVAILABILITY OF RECALL 

8 INFORMATION. 

9 (a) VEHICLE RECALL INFORMATION.—Not later than 

10 2 years after the date of enactment of this Act, the Secretary 

11 shall implement current information technology, web design 

12 trends, and best practices that will help ensure that motor 

13 vehicle safety recall information available to the public on 

14 the Federal website is readily accessible and easy to use, 

15 including— 

16 (1) by improving the organization, availability, 

17 readability, and functionality of the website; 

18 (2) by accommodating high-traffic volume; and 

19 (3) by establishing best practices for scheduling 

20 routine website maintenance. 

21 (b) GOVERNMENT ACCOUNTABILITY OFFICE PUBLIC

22 AWARENESS REPORT.— 

23 (1) IN GENERAL.—The Comptroller General shall 

24 study the current use by consumers, dealers, and 

25 manufacturers of the safety recall information made 
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† HR 22 EAS 

1 available to the public, including the usability and 

2 content of the Federal and manufacturers’ websites 

3 and the National Highway Traffic Safety Adminis4 tration’s efforts to publicize and educate consumers 

5 about safety recall information. 

6 (2) REPORT.—Not later than 2 years after the 

7 date of enactment of this Act, the Comptroller General 

8 shall issue a report with the findings of the study 

9 under paragraph (1), including recommending any 

10 actions the Secretary can take to improve public 

11 awareness and use of the websites for safety recall in12 formation. 

13 (c) PROMOTION OF PUBLIC AWARENESS.—Section 

14 31301(c) of the Moving Ahead for Progress in the 21st Cen15 tury Act (49 U.S.C. 30166 note) is amended to read as fol16 lows: 

17 ‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The Sec18 retary shall improve public awareness of safety recall infor19 mation made publicly available by periodically updating 

20 the method of conveying that information to consumers, 

21 dealers, and manufacturers, such as through public service 

22 announcements.’’. 

23 (d) CONSUMER GUIDANCE.—Not later than 1 year 

24 after the date of enactment of this Act, the Secretary shall 

25 make available to the public on the Internet detailed guid-
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† HR 22 EAS 

1 ance for consumers submitting safety complaints, includ2 ing— 

3 (1) a detailed explanation of what information 

4 a consumer should include in a complaint; and 

5 (2) a detailed explanation of the possible actions 

6 the National Highway Traffic Safety Administration 

7 can take to address a complaint and respond to the 

8 consumer, including information on— 

9 (A) the consumer records, such as photo10 graphs and police reports, that could assist with 

11 an investigation; and 

12 (B) the length of time a consumer should re13 tain the records described in subparagraph (A). 

14 (e) VIN SEARCH.— 

15 (1) IN GENERAL.—The Secretary, in coordina16 tion with industry, including manufacturers and 

17 dealers, shall study— 

18 (A) the feasibility of searching multiple ve19 hicle identification numbers at a time to retrieve 

20 motor vehicle safety recall information; and 

21 (B) the feasibility of making the search 

22 mechanism described under subparagraph (A) 

23 publicly available. 

24 (2) CONSIDERATIONS.—In conducting the study 

25 under paragraph (1), the Secretary shall consider the 
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† HR 22 EAS 

1 potential costs, and potential risks to privacy and se2 curity in implementing such a search mechanism. 

3 SEC. 34204. RECALL PROCESS. 

4 (a) NOTIFICATION IMPROVEMENT.— 

5 (1) IN GENERAL.—Not later than 270 days after 

6 the date of enactment of this Act, the Secretary shall 

7 prescribe a final rule revising the regulations under 

8 section 577.7 of title 49, Code of Federal Regulations, 

9 to include notification by electronic means in addi10 tion to notification by first class mail. 

11 (2) DEFINITION OF ELECTRONIC MEANS.—In this 

12 subsection, the term ‘‘electronic means’’ includes elec13 tronic mail and may include such other means of 

14 electronic notification, such as social media or tar15 geted online campaigns, as determined by the Sec16 retary. 

17 (b) NOTIFICATION BY MANUFACTURER.—Section 

18 30118(c) is amended by inserting ‘‘or electronic mail’’ after 

19 ‘‘certified mail’’. 

20 (c) RECALL COMPLETION RATES REPORT.— 

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

22 the date of enactment of this Act, and biennially 

23 thereafter for 4 years, the Secretary shall— 

24 (A) conduct an analysis of vehicle safety re25 call completion rates to assess potential actions 
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1 by the National Highway Traffic Safety Admin2 istration to improve vehicle safety recall comple3 tion rates; and 

4 (B) submit to the Committee on Commerce, 

5 Science, and Transportation of the Senate and 

6 the Committee on Energy and Commerce of the 

7 House of Representatives a report on the results 

8 of the analysis. 

9 (2) CONTENTS.—Each report shall include— 

10 (A) the annual recall completion rate by 

11 manufacturer, model year, component (such as 

12 brakes, fuel systems, and air bags), and vehicle 

13 type (passenger car, sport utility vehicle, pas14 senger van, and pick-up truck) for each of the 5 

15 years before the year the report is submitted; 

16 (B) the methods by which the Secretary has 

17 conducted analyses of these recall completion 

18 rates to determine trends and identify risk fac19 tors associated with lower recall rates; and 

20 (C) the actions the Secretary has planned to 

21 improve recall completion rates based on the re22 sults of this data analysis. 

23 (d) INSPECTOR GENERAL AUDIT OF VEHICLE RE24 CALLS.— 
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† HR 22 EAS 

1 (1) IN GENERAL.—The Department of Transpor2 tation Inspector General shall conduct an audit of the 

3 National Highway Traffic Safety Administration’s 

4 management of vehicle safety recalls. 

5 (2) CONTENTS.—The audit shall include a deter6 mination of whether the National Highway Traffic 

7 Safety Administration— 

8 (A) appropriately monitors recalls to ensure 

9 the appropriateness of scope and adequacy of re10 call completion rates and remedies; 

11 (B) ensures manufacturers provide safe 

12 remedies, at no cost to consumers; 

13 (C) is capable of coordinating recall rem14 edies and processes; and 

15 (D) can improve its policy on consumer no16 tice to combat effects of recall fatigue. 

17 SEC. 34205. PILOT GRANT PROGRAM FOR STATE NOTIFICA18 TION TO CONSUMERS OF MOTOR VEHICLE 

19 RECALL STATUS. 

20 (a) IN GENERAL.—Not later than October 1, 2016, the 

21 Secretary shall implement a 2-year pilot program to evalu22 ate the feasibility and effectiveness of a State process for 

23 informing consumers of open motor vehicle recalls at the 

24 time of motor vehicle registration in the State. 
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† HR 22 EAS 

1 (b) GRANTS.—To carry out this program, the Sec2 retary may make a grant to each eligible State, but not 

3 more than 6 eligible States in total, that agrees to comply 

4 with the requirements under subsection (c). Funds made 

5 available to a State under this section shall be used by the 

6 State for the pilot program described in subsection (a). 

7 (c) ELIGIBILITY.—To be eligible for a grant, a State 

8 shall— 

9 (1) submit an application in such form and 

10 manner as the Secretary prescribes; 

11 (2) agree to notify, at the time of registration, 

12 each owner or lessee of a motor vehicle presented for 

13 registration in the State of any open recall on that 

14 vehicle; 

15 (3) provide the open motor vehicle recall infor16 mation at no cost to each owner or lessee of a motor 

17 vehicle presented for registration in the State; and 

18 (4) provide such other information as the Sec19 retary may require. 

20 (d) AWARDS.—In selecting an applicant for an award 

21 under this section, the Secretary shall consider the State’s 

22 methodology for determining open recalls on a motor vehi23 cle, for informing consumers of the open recalls, and for 

24 determining performance. 
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† HR 22 EAS 

1 (e) PERFORMANCE PERIOD.—Each grant awarded 

2 under this section shall require a 2-year performance pe3 riod. 

4 (f) REPORT.—Not later than 90 days after the comple5 tion of the performance period under subsection (e), a 

6 grantee shall provide to the Secretary a report of perform7 ance containing such information as the Secretary con8 siders necessary to evaluate the extent to which open recalls 

9 have been remedied. 

10 (g) EVALUATION.—Not later than 180 days after the 

11 completion of the pilot program, the Secretary shall evalu12 ate the extent to which open recalls identified have been 

13 remedied. 

14 (h) DEFINITIONS.—In this section: 

15 (1) CONSUMER.—The term ‘‘consumer’’ includes 

16 owner and lessee. 

17 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ 

18 has the meaning given the term under section 

19 30102(a) of title 49, United States Code. 

20 (3) OPEN RECALL.—The term ‘‘open recall’’ 

21 means a recall for which a notification by a manufac22 turer has been provided under section 30119 of title 

23 49, United States Code, and that has not been rem24 edied under section 30120 of that title. 
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† HR 22 EAS 

1 (4) REGISTRATION.—The term ‘‘registration’’ 

2 means the process for registering motor vehicles in the 

3 State. 

4 (5) STATE.—The term ‘‘State’’ has the meaning 

5 given the term under section 101(a) of title 23, 

6 United States Code. 

7 SEC. 34206. RECALL OBLIGATIONS UNDER BANKRUPTCY. 

8 Section 30120A is amended by striking ‘‘chapter 11 

9 of title 11,’’ and inserting ‘‘chapter 7 or chapter 11 of title 

10 11’’. 

11 SEC. 34207. DEALER REQUIREMENT TO CHECK FOR OPEN 

12 RECALL. 

13 Section 30120(f) is amended— 

14 (1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘A 

15 manufacturer’’ and indenting appropriately; 

16 (2) in paragraph (1), as redesignated, by strik17 ing the period at the end and inserting the following: 

18 ‘‘if— 

19 ‘‘(A) at the time of providing service for 

20 each of the manufacturer’s motor vehicles it serv21 ices, the dealer notifies the owner or the indi22 vidual requesting the service of any open recall; 

23 and 

24 ‘‘(B) the notification requirement under 

25 subparagraph (A) is specified in a franchise, op-
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† HR 22 EAS 

1 erating, or other agreement between the dealer 

2 and the manufacturer.’’; and 

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

4 ‘‘(2) DEFINITION OF OPEN RECALL.—In this sub5 section, the term ‘open recall’ means a recall for 

6 which a notification by a manufacturer has been pro7 vided under section 30119 and that has not been rem8 edied under this section.’’. 

9 SEC. 34208. EXTENSION OF TIME PERIOD FOR REMEDY OF 

10 TIRE DEFECTS. 

11 Section 30120(b) of title 49, United States Code, is 

12 amended— 

13 (1) in paragraph (1), by striking ‘‘60 days’’ and 

14 inserting ‘‘180 days’’; and 

15 (2) in paragraph (2), by striking ‘‘60-day’’ each 

16 place it appears and inserting ‘‘180-day’’. 

17 SEC. 34209. RENTAL CAR SAFETY. 

18 (a) SHORT TITLE.—This section may be cited as the 

19 ‘‘Raechel and Jacqueline Houck Safe Rental Car Act of 

20 2015’’. 

21 (b) DEFINITIONS.—Section 30102(a) is amended— 

22 (1) by redesignating paragraphs (10) and (11) 

23 as paragraphs (12) and (13), respectively; 

24 (2) by redesignating paragraphs (1) through (9) 

25 as paragraphs (2) through (10), respectively; 
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† HR 22 EAS 

1 (3) by inserting before paragraph (2), as redesig2 nated, the following: 

3 ‘‘(1) ‘covered rental vehicle’ means a motor vehi4 cle that— 

5 ‘‘(A) has a gross vehicle weight rating of 

6 10,000 pounds or less; 

7 ‘‘(B) is rented without a driver for an ini8 tial term of less than 4 months; and 

9 ‘‘(C) is part of a motor vehicle fleet of 5 or 

10 more motor vehicles that are used for rental pur11 poses by a rental company.’’; and 

12 (4) by inserting after paragraph (10), as redesig13 nated, the following: 

14 ‘‘(11) ‘rental company’ means a person who— 

15 ‘‘(A) is engaged in the business of renting 

16 covered rental vehicles; and 

17 ‘‘(B) uses for rental purposes a motor vehi18 cle fleet of 5 or more covered rental vehicles.’’. 

19 (c) REMEDIES FOR DEFECTS AND NONCOMPLIANCE.— 

20 Section 30120(i) is amended— 

21 (1) in the subsection heading, by adding ‘‘, OR

22 RENTAL’’ at the end; 

23 (2) in paragraph (1)— 

24 (A) by striking ‘‘(1) If notification’’ and in25 serting the following: 
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† HR 22 EAS 

1 ‘‘(1) IN GENERAL.—If notification’’; 

2 (B) by indenting subparagraphs (A) and 

3 (B) four ems from the left margin; 

4 (C) by inserting ‘‘or the manufacturer has 

5 provided to a rental company notification about 

6 a covered rental vehicle in the company’s posses7 sion at the time of notification’’ after ‘‘time of 

8 notification’’; 

9 (D) by striking ‘‘the dealer may sell or 

10 lease,’’ and inserting ‘‘the dealer or rental com11 pany may sell, lease, or rent’’; and 

12 (E) in subparagraph (A), by striking ‘‘sale 

13 or lease’’ and inserting ‘‘sale, lease, or rental 

14 agreement’’; 

15 (3) by amending paragraph (2) to read as fol16 lows: 

17 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

18 subsection may be construed to prohibit a dealer or 

19 rental company from offering the vehicle or equip20 ment for sale, lease, or rent.’’; and 

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

22 ‘‘(3) SPECIFIC RULES FOR RENTAL COMPA23 NIES.— 

24 ‘‘(A) IN GENERAL.—Except as otherwise 

25 provided under this paragraph, a rental com-
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† HR 22 EAS 

1 pany shall comply with the limitations on sale, 

2 lease, or rental set forth in subparagraph (C) 

3 and paragraph (1) as soon as practicable, but 

4 not later than 24 hours after the earliest receipt 

5 of the notice to owner under subsection (b) or (c) 

6 of section 30118 (including the vehicle identifica7 tion number for the covered vehicle) by the rental 

8 company, whether by electronic means or first 

9 class mail. 

10 ‘‘(B) SPECIAL RULE FOR LARGE VEHICLE

11 FLEETS.—Notwithstanding subparagraph (A), if 

12 a rental company receives a notice to owner cov13 ering more than 5,000 motor vehicles in its fleet, 

14 the rental company shall comply with the limi15 tations on sale, lease, or rental set forth in sub16 paragraph (C) and paragraph (1) as soon as 

17 practicable, but not later than 48 hours after the 

18 earliest receipt of the notice to owner under sub19 section (b) or (c) of section 30118 (including the 

20 vehicle identification number for the covered ve21 hicle) by the rental company, whether by elec22 tronic means or first class mail. 

23 ‘‘(C) SPECIAL RULE FOR WHEN REMEDIES

24 NOT IMMEDIATELY AVAILABLE.—If a notification 

25 required under subsection (b) or (c) of section 
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1 30118 indicates that the remedy for the defect or 

2 noncompliance is not immediately available and 

3 specifies actions to temporarily alter the vehicle 

4 that eliminate the safety risk posed by the defect 

5 or noncompliance, the rental company, after 

6 causing the specified actions to be performed, 

7 may rent (but may not sell or lease) the motor 

8 vehicle. Once the remedy for the rental vehicle be9 comes available to the rental company, the rental 

10 company may not rent the vehicle until the vehi11 cle has been remedied, as provided in subsection 

12 (a). 

13 ‘‘(D) INAPPLICABILITY TO JUNK AUTO14 MOBILES.—Notwithstanding paragraph (1), this 

15 subsection does not prohibit a rental company 

16 from selling a covered rental vehicle if such vehi17 cle— 

18 ‘‘(i) meets the definition of a junk 

19 automobile under section 201 of the Anti20 Car Theft Act of 1992 (49 U.S.C. 30501); 

21 ‘‘(ii) is retitled as a junk automobile 

22 pursuant to applicable State law; and 

23 ‘‘(iii) is reported to the National Motor 

24 Vehicle Information System, if required 
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1 under section 204 of such Act (49 U.S.C. 

2 30504).’’. 

3 (d) MAKING SAFETY DEVICES AND ELEMENTS INOP4 ERATIVE.—Section 30122(b) is amended by inserting ‘‘rent5 al company,’’ after ‘‘dealer,’’ each place such term appears. 

6 (e) INSPECTIONS, INVESTIGATIONS, AND RECORDS.— 

7 Section 30166 is amended— 

8 (1) in subsection (c)(2), by striking ‘‘or dealer’’ 

9 each place such term appears and inserting ‘‘dealer, 

10 or rental company’’; 

11 (2) in subsection (e), by striking ‘‘or dealer’’ each 

12 place such term appears and inserting ‘‘dealer, or 

13 rental company’’; and 

14 (3) in subsection (f), by striking ‘‘or to owners’’ 

15 and inserting ‘‘, rental companies, or other owners’’. 

16 (f) RESEARCH AUTHORITY.—The Secretary of Trans17 portation may conduct a study of— 

18 (1) the effectiveness of the amendments made by 

19 this section; and 

20 (2) other activities of rental companies (as de21 fined in section 30102(a)(11) of title 49, United 

22 States Code) related to their use and disposition of 

23 motor vehicles that are the subject of a notification re24 quired under section 30118 of title 49, United States 

25 Code. 
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1 (g) STUDY.— 

2 (1) ADDITIONAL REQUIREMENT.—Section 

3 32206(b)(2) of the Moving Ahead for Progress in the 

4 21st Century Act (Public Law 112–141; 126 Stat. 

5 785) is amended— 

6 (A) in subparagraph (E), by striking ‘‘and’’ 

7 at the end; 

8 (B) by redesignating subparagraph (F) as 

9 subparagraph (G); and 

10 (C) by inserting after subparagraph (E) the 

11 following: 

12 ‘‘(F) evaluate the completion of safety recall 

13 remedies on rental trucks; and’’. 

14 (2) REPORT.—Section 32206(c) of such Act is 

15 amended— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as subparagraphs (A) and (B), respectively; 

18 (B) by striking ‘‘REPORT.—Not later’’ and 

19 inserting the following: 

20 ‘‘(c) REPORTS.— 

21 ‘‘(1) INITIAL REPORT.—Not later’’; 

22 (C) in paragraph (1), by striking ‘‘sub23 section (b)’’ and inserting ‘‘subparagraphs (A) 

24 through (E) and (G) of subsection (b)(2)’’; and 

25 (D) by adding at the end the following: 
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1 ‘‘(2) SAFETY RECALL REMEDY REPORT.—Not 

2 later than 1 year after the date of the enactment of 

3 the ‘Raechel and Jacqueline Houck Safe Rental Car 

4 Act of 2015’, the Secretary shall submit a report to 

5 the congressional committees set forth in paragraph 

6 (1) that contains— 

7 ‘‘(A) the findings of the study conducted 

8 pursuant to subsection (b)(2)(F); and 

9 ‘‘(B) any recommendations for legislation 

10 that the Secretary determines to be appro11 priate.’’. 

12 (h) PUBLIC COMMENTS.—The Secretary shall solicit 

13 comments regarding the implementation of this section from 

14 members of the public, including rental companies, con15 sumer organizations, automobile manufacturers, and auto16 mobile dealers. 

17 (i) RULE OF CONSTRUCTION.—Nothing in this section 

18 or the amendments made by this section— 

19 (1) may be construed to create or increase any 

20 liability, including for loss of use, for a manufacturer 

21 as a result of having manufactured or imported a 

22 motor vehicle subject to a notification of defect or 

23 noncompliance under subsection (b) or (c) of section 

24 30118 of title 49, United States Code; or 
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1 (2) shall supersede or otherwise affect the con2 tractual obligations, if any, between such a manufac3 turer and a rental company (as defined in section 

4 30102(a) of title 49, United States Code). 

5 (j) RULEMAKING.—The Secretary may promulgate 

6 rules, as appropriate, to implement this section and the 

7 amendments made by this section. 

8 (k) EFFECTIVE DATE.—The amendments made by this 

9 section shall take effect on the date that is 180 days after 

10 the date of enactment of this Act. 

11 SEC. 34210. INCREASE IN CIVIL PENALTIES FOR VIOLA12 TIONS OF MOTOR VEHICLE SAFETY. 

13 (a) INCREASE IN CIVIL PENALTIES.—Section 30165(a) 

14 is amended— 

15 (1) in paragraph (1)— 

16 (A) by striking ‘‘$5,000’’ and inserting 

17 ‘‘$21,000’’; and 

18 (B) by striking ‘‘$35,000,000’’ and inserting 

19 ‘‘$105,000,000’’; and 

20 (2) in paragraph (3)— 

21 (A) by striking ‘‘$5,000’’ and inserting 

22 ‘‘$21,000’’; and 

23 (B) by striking ‘‘$35,000,000’’ and inserting 

24 ‘‘$105,000,000’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) of this section take effect on the date that the 

3 Secretary certifies to Congress that the National Highway 

4 Traffic Safety Administration has issued the final rule re5 quired by section 31203(b) of the Moving Ahead for Progress 

6 In the 21st Century Act (Public Law 112–141; 126 Stat. 

7 758; 49 U.S.C. 30165 note). 

8 (c) PUBLICATION OF EFFECTIVE DATE.—The Sec9 retary shall publish notice of the effective date under sub10 section (b) of this section in the Federal Register. 

11 SEC. 34211. ELECTRONIC ODOMETER DISCLOSURES. 

12 Section 32705(g) is amended— 

13 (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’ 

14 and indenting appropriately; and 

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

16 ‘‘(2) Notwithstanding paragraph (1) and subject 

17 to paragraph (3), a State, without approval from the 

18 Secretary under subsection (d), may allow for written 

19 disclosures or notices and related matters to be pro20 vided electronically if— 

21 ‘‘(A) in compliance with— 

22 ‘‘(i) the requirements of subchapter 1 of 

23 chapter 96 of title 15; or 

24 ‘‘(ii) the requirements of a State law 

25 under section 7002(a) of title 15; and 
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1 ‘‘(B) the disclosures or notices otherwise 

2 meet the requirements under this section, includ3 ing appropriate authentication and security 

4 measures. 

5 ‘‘(3) Paragraph (2) ceases to be effective on the 

6 date the regulations under paragraph (1) become ef7 fective.’’. 

8 SEC. 34212. CORPORATE RESPONSIBILITY FOR NHTSA RE9 PORTS. 

10 Section 30166(o) is amended— 

11 (1) in paragraph (1), by striking ‘‘may’’ and in12 serting ‘‘shall’’; and 

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

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

15 date of enactment of the Comprehensive Transpor16 tation and Consumer Protection Act of 2015, the Sec17 retary shall issue a final rule under paragraph (1).’’. 

18 SEC. 34213. DIRECT VEHICLE NOTIFICATION OF RECALLS. 

19 (a) RECALL NOTIFICATION REPORT.—Not later than 

20 1 year after the date of enactment of this Act, the Secretary 

21 shall issue a report on the feasibility of a technical system 

22 that would operate in each new motor vehicle to indicate 

23 when the vehicle is subject to an open recall. 

24 (b) DEFINITION OF OPEN RECALL.—In this section the 

25 term ‘‘open recall’’ means a recall for which a notification 
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1 by a manufacturer has been provided under section 30119 

2 of title 49, United States Code, and that has not been rem3 edied under section 30120 of that title. 

4 SEC. 34214. UNATTENDED CHILDREN WARNING. 

5 Section 31504(a) of the Moving Ahead for Progress in 

6 the 21st Century Act (49 U.S.C. 30111 note) is amended 

7 by striking ‘‘may’’ and inserting ‘‘shall’’. 

8 SEC. 34215. TIRE PRESSURE MONITORING SYSTEM. 

9 (a) PROPOSED RULE.—Not later than 1 year after the 

10 date of enactment of this Act, the Secretary shall publish 

11 a proposed rule that updates the standards pertaining to 

12 tire pressure monitoring systems to ensure that a tire pres13 sure monitoring system that is installed in a new motor 

14 vehicle after the effective date of the revised standards can15 not, to a level other than a safe pressure level, be— 

16 (1) overridden; 

17 (2) reset; or 

18 (3) recalibrated. 

19 (b) SAFE PRESSURE LEVEL.—For the purposes of sub20 section (a), the term ‘‘safe pressure level’’ shall mean a pres21 sure level consistent with the TPMS detection requirements 

22 contained in S4.2(a) of section 571.138 of title 49, Code 

23 of Federal Regulations, or any corresponding similar regu24 lation or ruling. 
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1 (c) FINAL RULE.—Not later than 2 years after the date 

2 of enactment of this Act, after providing the public with 

3 sufficient opportunity for notice and comment on the pro4 posed rule published under subsection (a), the Secretary 

5 shall issue a final rule on the subject described in subsection 

6 (a). 

7 Subtitle C—Research and Develop8 ment and Vehicle Electronics 

9 SEC. 34301. REPORT ON OPERATIONS OF THE COUNCIL FOR 

10 VEHICLE ELECTRONICS, VEHICLE SOFTWARE, 

11 AND EMERGING TECHNOLOGIES. 

12 Not later than 1 year after the date of enactment of 

13 this Act, the Secretary shall submit to the Committee on 

14 Commerce, Science, and Transportation of the Senate and 

15 the Committee on Energy and Commerce of the House of 

16 Representatives a report regarding the operations of the 

17 Council for Vehicle Electronics, Vehicle Software, and 

18 Emerging Technologies established under section 31401 of 

19 the Moving Ahead for Progress in the 21st Century Act (49 

20 U.S.C. 105 note). The report shall include information 

21 about the accomplishments of the Council, the role of the 

22 Council in integrating and aggregating electronic and 

23 emerging technologies expertise across the National High24 way Traffic Safety Administration, the role of the Council 
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1 in coordinating with other Federal agencies, and the prior2 ities of the Council over the next 5 years. 

3 SEC. 34302. COOPERATION WITH FOREIGN GOVERNMENTS. 

4 (a) TITLE 49 AMENDMENT.—Section 30182(b) is 

5 amended— 

6 (1) in paragraph (4), by striking ‘‘; and’’ and 

7 inserting a semicolon; 

8 (2) in paragraph (5), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by inserting after paragraph (5) the fol11 lowing: 

12 ‘‘(6) in coordination with Department of State, 

13 enter into cooperative agreements and collaborative 

14 research and development agreements with foreign 

15 governments.’’. 

16 (b) TITLE 23 AMENDMENT.—Section 403 of title 23, 

17 United States Code, is amended— 

18 (1) in subsection (b)(2)(C), by inserting ‘‘foreign 

19 government (in coordination with the Department of 

20 State)’’ after ‘‘institution,’’; and 

21 (2) in subsection (c)(1)(A), by inserting ‘‘foreign 

22 governments,’’ after ‘‘local governments,’’. 

23 (c) AUDIT.—The Department of Transportation In24 spector General shall conduct an audit of the Secretary of 

25 Transportation’s management and oversight of cooperative 
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1 agreements and collaborative research and development 

2 agreements, including any cooperative agreements between 

3 the Secretary of Transportation and foreign governments 

4 under section 30182(b)(6) of title 49, United States Code, 

5 and subsections (b)(2)(C) and (c)(1)(A) of title 23, United 

6 States Code. 

7 Subtitle D—Miscellaneous 

8 Provisions 

9 PART I—DRIVER PRIVACY ACT OF 2015 

10 SEC. 34401. SHORT TITLE. 

11 This part may be cited as the ‘‘Driver Privacy Act 

12 of 2015’’. 

13 SEC. 34402. LIMITATIONS ON DATA RETRIEVAL FROM VEHI14 CLE EVENT DATA RECORDERS. 

15 (a) OWNERSHIP OF DATA.—Any data retained by an 

16 event data recorder (as defined in section 563.5 of title 49, 

17 Code of Federal Regulations), regardless of when the motor 

18 vehicle in which it is installed was manufactured, is the 

19 property of the owner, or, in the case of a leased vehicle, 

20 the lessee of the motor vehicle in which the event data re21 corder is installed. 

22 (b) PRIVACY.—Data recorded or transmitted by an 

23 event data recorder described in subsection (a) may not be 

24 accessed by a person other than an owner or a lessee of the 
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† HR 22 EAS 

1 motor vehicle in which the event data recorder is installed 

2 unless— 

3 (1) a court or other judicial or administrative 

4 authority having jurisdiction— 

5 (A) authorizes the retrieval of the data; and 

6 (B) to the extent that there is retrieved 

7 data, the data is subject to the standards for ad8 mission into evidence required by that court or 

9 other administrative authority; 

10 (2) an owner or a lessee of the motor vehicle pro11 vides written, electronic, or recorded audio consent to 

12 the retrieval of the data for any purpose, including 

13 the purpose of diagnosing, servicing, or repairing the 

14 motor vehicle, or by agreeing to a subscription that 

15 describes how data will be retrieved and used; 

16 (3) the data is retrieved pursuant to an inves17 tigation or inspection authorized under section 

18 1131(a) or 30166 of title 49, United States Code, and 

19 the personally identifiable information of an owner or 

20 a lessee of the vehicle and the vehicle identification 

21 number is not disclosed in connection with the re22 trieved data, except that the vehicle identification 

23 number may be disclosed to the certifying manufac24 turer; 
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1 (4) the data is retrieved for the purpose of deter2 mining the need for, or facilitating, emergency med3 ical response in response to a motor vehicle crash; or 

4 (5) the data is retrieved for traffic safety re5 search, and the personally identifiable information of 

6 an owner or a lessee of the vehicle and the vehicle 

7 identification number is not disclosed in connection 

8 with the retrieved data. 

9 SEC. 34403. VEHICLE EVENT DATA RECORDER STUDY. 

10 (a) IN GENERAL.—Not later than 1 year after the date 

11 of enactment of this Act, the Administrator of the National 

12 Highway Traffic Safety Administration shall submit to 

13 Congress a report that contains the results of a study con14 ducted by the Administrator to determine the amount of 

15 time event data recorders installed in passenger motor vehi16 cles should capture and record for retrieval vehicle-related 

17 data in conjunction with an event in order to provide suffi18 cient information to investigate the cause of motor vehicle 

19 crashes. 

20 (b) RULEMAKING.—Not later than 2 years after sub21 mitting the report required under subsection (a), the Ad22 ministrator of the National Highway Traffic Safety Ad23 ministration shall promulgate regulations to establish the 

24 appropriate period during which event data recorders in25 stalled in passenger motor vehicles may capture and record 
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1 for retrieval vehicle-related data to the time necessary to 

2 provide accident investigators with vehicle-related informa3 tion pertinent to crashes involving such motor vehicles. 

4 PART II—SAFETY THROUGH INFORMED 

5 CONSUMERS ACT OF 2015 

6 SEC. 34421. SHORT TITLE. 

7 This part may be cited as the ‘‘Safety Through In8 formed Consumers Act of 2015’’. 

9 SEC. 34422. PASSENGER MOTOR VEHICLE INFORMATION. 

10 Section 32302 is amended by inserting after subsection 

11 (b) the following: 

12 ‘‘(c) CRASH AVOIDANCE.—Not later than 1 year after 

13 the date of enactment of the Safety Through Informed Con14 sumers Act of 2015, the Secretary shall promulgate a rule 

15 to ensure that crash avoidance information is indicated 

16 next to crashworthiness information on stickers placed on 

17 motor vehicles by their manufacturers.’’. 

18 PART III—TIRE EFFICIENCY, SAFETY, AND 

19 REGISTRATION ACT OF 2015 

20 SEC. 34431. SHORT TITLE. 

21 This part may be cited as the ‘‘Tire Efficiency, Safety, 

22 and Registration Act of 2015’’ or the ‘‘TESR Act’’. 

23 SEC. 34432. TIRE FUEL EFFICIENCY MINIMUM PERFORM24 ANCE STANDARDS. 

25 Section 32304A is amended— 
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† HR 22 EAS 

1 (1) in the section heading, by inserting ‘‘AND

2 STANDARDS’’ after ‘‘CONSUMER TIRE INFORMA3 TION’’; 

4 (2) in subsection (a)— 

5 (A) in the heading, by striking ‘‘RULE6 MAKING’’ and inserting ‘‘CONSUMER TIRE IN7 FORMATION’’; and 

8 (B) in paragraph (1), by inserting ‘‘(re9 ferred to in this section as the ‘Secretary’)’’ after 

10 ‘‘Secretary of Transportation’’; 

11 (3) by redesignating subsections (b) through (e) 

12 as subsections (e) though (h), respectively; and 

13 (4) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) PROMULGATION OF REGULATIONS FOR TIRE

16 FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.— 

17 ‘‘(1) IN GENERAL.—The Secretary, after con18 sultation with the Secretary of Energy and the Ad19 ministrator of the Environmental Protection Agency, 

20 shall promulgate regulations for tire fuel efficiency 

21 minimum performance standards for— 

22 ‘‘(A) passenger car tires with a maximum 

23 speed capability equal to or less than 149 miles 

24 per hour or 240 kilometers per hour; and 
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1 ‘‘(B) passenger car tires with a maximum 

2 speed capability greater than 149 miles per hour 

3 or 240 kilometers per hour. 

4 ‘‘(2) TIRE FUEL EFFICIENCY MINIMUM PERFORM5 ANCE STANDARDS.— 

6 ‘‘(A) STANDARD BASIS AND TEST PROCE7 DURES.—The minimum performance standards 

8 promulgated under paragraph (1) shall be ex9 pressed in terms of the rolling resistance coeffi10 cient measured using the test procedure specified 

11 in section 575.106 of title 49, Code of Federal 

12 Regulations (as in effect on the date of enact13 ment of this Act). 

14 ‘‘(B) NO DISPARATE EFFECT ON HIGH PER15 FORMANCE TIRES.—The Secretary shall ensure 

16 that the minimum performance standards pro17 mulgated under paragraph (1) will not have a 

18 disproportionate effect on passenger car high 

19 performance tires with a maximum speed capa20 bility greater than 149 miles per hour or 240 

21 kilometers per hour. 

22 ‘‘(C) APPLICABILITY.— 

23 ‘‘(i) IN GENERAL.—This subsection ap24 plies to new pneumatic tires for use on pas25 senger cars. 
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1 ‘‘(ii) EXCEPTIONS.—This subsection 

2 does not apply to light truck tires, deep 

3 tread tires, winter-type snow tires, space4 saver or temporary use spare tires, or tires 

5 with nominal rim diameters of 12 inches or 

6 less. 

7 ‘‘(c) PROMULGATION OF REGULATIONS FOR TIRE WET

8 TRACTION MINIMUM PERFORMANCE STANDARDS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall promul10 gate regulations for tire wet traction minimum per11 formance standards to ensure that passenger tire wet 

12 traction capability is not reduced to achieve improved 

13 tire fuel efficiency. 

14 ‘‘(2) TIRE WET TRACTION MINIMUM PERFORM15 ANCE STANDARDS.— 

16 ‘‘(A) BASIS OF STANDARD.—The minimum 

17 performance standards promulgated under para18 graph (1) shall be expressed in terms of peak co19 efficient of friction. 

20 ‘‘(B) TEST PROCEDURES.—Any test proce21 dure promulgated under this subsection shall be 

22 consistent with any test procedure promulgated 

23 under subsection (a). 

24 ‘‘(C) BENCHMARKING.—The Secretary shall 

25 conduct testing to benchmark the wet traction 
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1 performance of tire models available for sale in 

2 the United States as of the date of enactment of 

3 this Act to ensure that the minimum perform4 ance standards promulgated under paragraph 

5 (1) are tailored to— 

6 ‘‘(i) tires sold in the United States; 

7 and 

8 ‘‘(ii) the needs of consumers in the 

9 United States. 

10 ‘‘(D) APPLICABILITY.— 

11 ‘‘(i) IN GENERAL.—This subsection ap12 plies to new pneumatic tires for use on pas13 senger cars. 

14 ‘‘(ii) EXCEPTIONS.—This subsection 

15 does not apply to light truck tires, deep 

16 tread tires, winter-type snow tires, space17 saver or temporary use spare tires, or tires 

18 with nominal rim diameters of 12 inches or 

19 less. 

20 ‘‘(d) COORDINATION AMONG REGULATIONS.— 

21 ‘‘(1) COMPATIBILITY.—The Secretary shall en22 sure that the test procedures and requirements pro23 mulgated under subsections (a), (b), and (c) are com24 patible and consistent. 
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1 ‘‘(2) COMBINED EFFECT OF RULES.—The Sec2 retary shall evaluate the regulations promulgated 

3 under subsections (b) and (c) to ensure that compli4 ance with the minimum performance standards pro5 mulgated under subsection (b) will not diminish wet 

6 traction performance of affected tires. 

7 ‘‘(3) RULEMAKING DEADLINES.—The Secretary 

8 shall promulgate— 

9 ‘‘(A) the regulations under subsections (b) 

10 and (c) not later than 24 months after the date 

11 of enactment of this Act; and 

12 ‘‘(B) the regulations under subsection (c) 

13 not later than the date of promulgation of the 

14 regulations under subsection (b).’’. 

15 SEC. 34433. TIRE REGISTRATION BY INDEPENDENT SELL16 ERS. 

17 Section 30117(b) is amended by striking paragraph 

18 (3) and inserting the following: 

19 ‘‘(3) RULEMAKING.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall ini21 tiate a rulemaking to require a distributor or 

22 dealer of tires that is not owned or controlled by 

23 a manufacturer of tires to maintain records of— 

24 ‘‘(i) the name and address of tire pur25 chasers and lessors and information identi-
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† HR 22 EAS 

1 fying the tire that was purchased or leased; 

2 and 

3 ‘‘(ii) any additional records the Sec4 retary considers appropriate. 

5 ‘‘(B) ELECTRONIC TRANSMISSION.—The 

6 rulemaking carried out under subparagraph (A) 

7 shall require a distributor or dealer of tires that 

8 is not owned or controlled by a manufacturer of 

9 tires to electronically transmit the records de10 scribed in clauses (i) and (ii) of subparagraph 

11 (A) to the manufacturer of the tires or the des12 ignee of the manufacturer by secure means at no 

13 cost to tire purchasers or lessors. 

14 ‘‘(C) SATISFACTION OF REQUIREMENTS.—A 

15 regulation promulgated under subparagraph (A) 

16 may be considered to satisfy the requirements of 

17 paragraph (2)(B).’’. 

18 SEC. 34434. TIRE RECALL DATABASE. 

19 (a) IN GENERAL.—The Secretary shall establish a pub20 licly available and searchable electronic database of tire re21 call information that is reported to the Administrator of 

22 the National Highway Traffic Safety Administration. 

23 (b) TIRE IDENTIFICATION NUMBER.—The database es24 tablished under subsection (a) shall be searchable by Tire 

25 Identification Number (TIN) and any other criteria that 
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1 assists consumers in determining whether a tire is subject 

2 to a recall. 

3 TITLE XXXV—RAILROAD RE4 FORM, ENHANCEMENT, AND 

5 EFFICIENCY 

6 SEC. 35001. SHORT TITLE. 

7 This title may be cited as the ‘‘Railroad Reform, En8 hancement, and Efficiency Act’’. 

9 SEC. 35002. PASSENGER TRANSPORTATION; DEFINITIONS. 

10 Section 24102 is amended— 

11 (1) by redesignating paragraphs (5) through (9) 

12 as paragraphs (6) through (10), respectively; 

13 (2) by inserting after paragraph (4), the fol14 lowing: 

15 ‘‘(5) ‘long-distance route’ means a route de16 scribed in paragraph (6)(C).’’; 

17 (3) by amending paragraph (6)(A), as redesig18 nated, to read as follows: 

19 ‘‘(A) the Northeast Corridor main line be20 tween Boston, Massachusetts and the Virginia 

21 Avenue interlocking in the District of Columbia, 

22 and the facilities and services used to operate 

23 and maintain that line;’’; 

24 (4) in paragraph (7), as redesignated, by strik25 ing the period at the end and inserting ‘‘, except that 
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† HR 22 EAS 

1 the term ‘Northeast Corridor’ for the purposes of 

2 chapter 243 means the main line between Boston, 

3 Massachusetts and the Virginia Avenue interlocking 

4 in the District of Columbia, and the facilities and 

5 services used to operate and maintain that line.’’; and 

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

7 ‘‘(11) ‘state-of-good-repair’ means a condition in 

8 which physical assets, both individually and as a sys9 tem, are— 

10 ‘‘(A) performing at a level at least equal to 

11 that called for in their as-built or as-modified 

12 design specification during any period when the 

13 life cycle cost of maintaining the assets is lower 

14 than the cost of replacing them; and 

15 ‘‘(B) sustained through regular mainte16 nance and replacement programs. 

17 ‘‘(12) ‘State-supported route’ means a route de18 scribed in paragraph (6)(B) or paragraph (6)(D), or 

19 in section 24702(a).’’. 

20 Subtitle A—Authorization of 

21 Appropriations 

22 SEC. 35101. AUTHORIZATION OF GRANTS TO AMTRAK. 

23 (a) IN GENERAL.—There are authorized to be appro24 priated to the Secretary for the use of Amtrak for deposit 
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1 into the accounts established under section 24319(a) of title 

2 49, United States Code, the following amounts: 

3 (1) For fiscal year 2016, $1,450,000,000. 

4 (2) For fiscal year 2017, $1,550,000,000. 

5 (3) For fiscal year 2018, $1,700,000,000. 

6 (4) For fiscal year 2019, $1,900,000,000. 

7 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec8 retary may withhold up to one half of 1 percent of the 

9 amount appropriated under subsection (a) for the costs of 

10 management oversight of Amtrak. 

11 (c) COMPETITION.—In administering grants to Am12 trak under section 24318 of title 49, United States Code, 

13 the Secretary may withhold, from amounts that would oth14 erwise be made available to Amtrak, such sums as are nec15 essary from the amount appropriated under subsection (a) 

16 of this section to cover the operating subsidy described in 

17 section 24711(b)(1)(E)(ii) of title 49, United States Code. 

18 (d) STATE-SUPPORTED ROUTE COMMITTEE.—The 

19 Secretary may withhold up to $2,000,000 from the amount 

20 appropriated in each fiscal year under subsection (a) of this 

21 section for the use of the State-Supported Route Committee 

22 established under section 24712 of title 49, United States 

23 Code. 

24 (e) NORTHEAST CORRIDOR COMMISSION.—The Sec25 retary may withhold up to $5,000,000 from the amount ap-
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1 propriated in each fiscal year under subsection (a) of this 

2 section for the use of the Northeast Corridor Commission 

3 established under section 24905 of title 49, United States 

4 Code. 

5 SEC. 35102. NATIONAL INFRASTRUCTURE AND SAFETY IN6 VESTMENTS. 

7 (a) IN GENERAL.—There are authorized to be appro8 priated to the Secretary for grants under chapter 244 of 

9 title 49, United States Code, the following amounts: 

10 (1) For fiscal year 2016, $350,000,000. 

11 (2) For fiscal year 2017, $430,000,000. 

12 (3) For fiscal year 2018, $600,000,000. 

13 (4) For fiscal year 2019, $900,000,000. 

14 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec15 retary may withhold up to 1 percent from the amount ap16 propriated under subsection (a) of this section for the costs 

17 of project management oversight of grants carried out under 

18 chapter 244 of title 49, United States Code. 

19 SEC. 35103. AUTHORIZATION OF APPROPRIATIONS FOR NA20 TIONAL TRANSPORTATION SAFETY BOARD 

21 RAIL INVESTIGATIONS. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, there are authorized to be appropriated to the 

24 National Transportation Safety Board to carry out rail-
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1 road accident investigations under section 1131(a)(1)(C) of 

2 title 49, United States Code, the following amounts: 

3 (1) For fiscal year 2016, $6,300,000. 

4 (2) For fiscal year 2017, $6,400,000. 

5 (3) For fiscal year 2018, $6,500,000. 

6 (4) For fiscal year 2019, $6,600,000. 

7 (b) INVESTIGATION PERSONNEL.—Amounts appro8 priated under subsection (a) of this section shall be avail9 able to the National Transportation Safety Board for per10 sonnel, in regional offices and in Washington, DC, whose 

11 duties involve railroad accident investigations. 

12 SEC. 35104. AUTHORIZATION OF APPROPRIATIONS FOR AM13 TRAK OFFICE OF INSPECTOR GENERAL. 

14 There are authorized to be appropriated to the Office 

15 of Inspector General of Amtrak the following amounts: 

16 (1) For fiscal year 2016, $20,000,000. 

17 (2) For fiscal year 2017, $20,500,000. 

18 (3) For fiscal year 2018, $21,000,000. 

19 (4) For fiscal year 2019, $21,500,000. 

20 SEC. 35105. NATIONAL COOPERATIVE RAIL RESEARCH PRO21 GRAM. 

22 (a) IN GENERAL.—Section 24910 is amended— 

23 (1) in subsection (b)— 

24 (A) in paragraph (12), by striking ‘‘and’’; 
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1 (B) in paragraph (13), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(14) to improve the overall safety of intercity 

5 passenger and freight rail operations.’’; and 

6 (2) by amending subsection (e) to read as fol7 lows: 

8 ‘‘(e) ALLOCATION.—At least $5,000,000 of the amounts 

9 appropriated to the Secretary for a fiscal year to carry out 

10 railroad research and development programs shall be avail11 able to carry out this section.’’. 

12 Subtitle B—Amtrak Reform 

13 SEC. 35201. AMTRAK GRANT PROCESS. 

14 (a) REQUIREMENTS AND PROCEDURES.—Chapter 243 

15 is amended by adding at the end the following: 

16 ‘‘§ 24317. Costs and revenues 

17 ‘‘(a) ALLOCATION.—Not later than 180 days after the 

18 date of enactment of the Railroad Reform, Enhancement, 

19 and Efficiency Act, Amtrak shall establish and maintain 

20 internal controls to ensure Amtrak’s costs, revenues, and 

21 other compensation are appropriately and proportionally 

22 allocated to its Northeast Corridor train services or infra23 structure, its State-supported routes, its long-distance 

24 routes, and its other national network activities. 
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1 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to limit the ability of Amtrak to 

3 enter into an agreement with 1 or more States to allocate 

4 operating and capital costs under section 209 of the Pas5 senger Rail Investment and Improvement Act of 2008 (49 

6 U.S.C. 24101 note). 

7 ‘‘§ 24318. Grant process 

8 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not later 

9 than 90 days after the date of enactment of the Railroad 

10 Reform, Enhancement, and Efficiency Act, the Secretary of 

11 Transportation shall establish and transmit to the Com12 mittee on Commerce, Science, and Transportation and the 

13 Committee on Appropriations of the Senate and the Com14 mittee on Transportation and Infrastructure and the Com15 mittee on Appropriations of the House of Representatives 

16 substantive and procedural requirements, including sched17 ules, for grant requests under this section. 

18 ‘‘(b) GRANT REQUESTS.—Amtrak shall transmit grant 

19 requests for Federal funds appropriated to the Secretary of 

20 Transportation for the use of Amtrak to— 

21 ‘‘(1) the Secretary; and 

22 ‘‘(2) the Committee on Commerce, Science, and 

23 Transportation, the Committee on Appropriations, 

24 and the Committee on the Budget of the Senate and 

25 the Committee on Transportation and Infrastructure, 
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1 the Committee on Appropriations, and the Committee 

2 on the Budget of the House of Representatives. 

3 ‘‘(c) CONTENTS.—A grant request under subsection (b) 

4 shall— 

5 ‘‘(1) describe projected operating and capital 

6 costs for the upcoming fiscal year for Northeast Cor7 ridor train services and infrastructure, Amtrak’s 

8 State-supported routes, and Amtrak’s long-distance 

9 routes, and Amtrak’s other national network activi10 ties, as applicable, in comparison to prior fiscal year 

11 actual financial performance; 

12 ‘‘(2) describe the capital projects to be funded, 

13 with cost estimates and an estimated timetable for 

14 completion of the projects covered by the request; 

15 ‘‘(3) assess Amtrak’s financial condition; 

16 ‘‘(4) be displayed on Amtrak’s Web site within a 

17 reasonable timeframe following its transmission under 

18 subsection (b); and 

19 ‘‘(5) describe how the funding requested in a 

20 grant will be allocated to the accounts established 

21 under section 24319(a), considering the projected op22 erating losses or capital costs for services and activi23 ties associated with such accounts over the time pe24 riod intended to be covered by the grants. 

25 ‘‘(d) REVIEW AND APPROVAL.— 
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1 ‘‘(1) THIRTY-DAY APPROVAL PROCESS.— 

2 ‘‘(A) IN GENERAL.—Not later than 30 days 

3 after the date that Amtrak submits a grant re4 quest under this section, the Secretary of Trans5 portation shall complete a review of the request 

6 and provide notice to Amtrak that— 

7 ‘‘(i) the request is approved; or 

8 ‘‘(ii) the request is disapproved, in9 cluding the reason for the disapproval and 

10 an explanation of any incomplete or defi11 cient items. 

12 ‘‘(B) GRANT AGREEMENT.—If a grant re13 quest is approved, the Secretary shall enter into 

14 a grant agreement with Amtrak that allocates 

15 the grant funding to 1 of the 4 accounts estab16 lished under section 24319(a). 

17 ‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.—Not 

18 later than 15 days after the date of the notice under 

19 paragraph (1)(A)(ii), Amtrak shall submit a modified 

20 request for the Secretary’s review. 

21 ‘‘(3) MODIFIED REQUESTS.—Not later than 15 

22 days after the date that Amtrak submits a modified 

23 request under paragraph (2), the Secretary shall ei24 ther approve the modified request, or, if the Secretary 

25 finds that the request is still incomplete or deficient, 
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1 the Secretary shall identify in writing to the Com2 mittee on Commerce, Science, and Transportation, 

3 the Committee on Appropriations, and the Committee 

4 on the Budget of the Senate and the Committee on 

5 Transportation and Infrastructure, the Committee on 

6 Appropriations, and the Committee on the Budget of 

7 the House of Representatives the remaining defi8 ciencies and recommend a process for resolving the 

9 outstanding portions of the request. 

10 ‘‘(e) PAYMENTS TO AMTRAK.— 

11 ‘‘(1) IN GENERAL.—A grant agreement entered 

12 into under subsection (d) shall specify the operations, 

13 services, and other activities to be funded by the 

14 grant. The grant agreement shall include provisions, 

15 consistent with the requirements of this chapter, to 

16 measure Amtrak’s performance and ensure account17 ability in delivering the operations, services, or ac18 tivities to be funded by the grant. 

19 ‘‘(2) SCHEDULE.—Except as provided in para20 graph (3), in each fiscal year for which amounts are 

21 appropriated to the Secretary for the use of Amtrak, 

22 and for which the Secretary and Amtrak have entered 

23 into a grant agreement under subsection (d), the Sec24 retary shall disburse grant funds to Amtrak on the 

25 following schedule: 
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1 ‘‘(A) 50 percent on October 1. 

2 ‘‘(B) 25 percent on January 1. 

3 ‘‘(C) 25 percent on April 1. 

4 ‘‘(3) EXCEPTIONS.—The Secretary may make a 

5 payment to Amtrak of appropriated funds— 

6 ‘‘(A) more frequently than the schedule 

7 under paragraph (2) if Amtrak, for good cause, 

8 requests more frequent payment before the end of 

9 a payment period; or 

10 ‘‘(B) with a different frequency or in dif11 ferent percentage allocations in the event of a 

12 continuing resolution or in the absence of an ap13 propriations Act for the duration of a fiscal 

14 year. 

15 ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPRO16 PRIATIONS.—Amounts appropriated to the Secretary for the 

17 use of Amtrak shall remain available until expended. 

18 Amounts for capital acquisitions and improvements may 

19 be appropriated for a fiscal year before the fiscal year in 

20 which the amounts will be obligated. 

21 ‘‘(g) LIMITATIONS ON USE.—Amounts appropriated to 

22 the Secretary for the use of Amtrak may not be used to 

23 cross-subsidize operating losses or capital costs of commuter 

24 rail passenger or freight rail transportation. 
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1 ‘‘§ 24319. Accounts 

2 ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—Beginning not 

3 later than October 1, 2016, Amtrak, in consultation with 

4 the Secretary of Transportation, shall define and estab5 lish— 

6 ‘‘(1) a Northeast Corridor investment account, 

7 including subaccounts for Amtrak train services and 

8 infrastructure; 

9 ‘‘(2) a State-supported account; 

10 ‘‘(3) a long-distance account; and 

11 ‘‘(4) an other national network activities ac12 count. 

13 ‘‘(b) NORTHEAST CORRIDOR INVESTMENT ACCOUNT.— 

14 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

15 Northeast Corridor investment account established 

16 under subsection (a)(1)— 

17 ‘‘(A) a portion of the grant funds appro18 priated under the authorization in section 

19 35101(a) of the Railroad Reform, Enhancement, 

20 and Efficiency Act, or any subsequent Act ap21 propriating funds for the use of Amtrak, as spec22 ified in a grant agreement entered into under 

23 section 24318; 

24 ‘‘(B) any compensation received from com25 muter rail passenger transportation providers 

26 for such providers’ share of capital costs on the 
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1 Northeast Corridor provided to Amtrak under 

2 section 24905(c); 

3 ‘‘(C) any operating surplus of the Northeast 

4 Corridor train services or infrastructure, as allo5 cated under section 24317; and 

6 ‘‘(D) any other net revenue received in asso7 ciation with the Northeast Corridor, including 

8 freight access fees, electric propulsion, and com9 mercial development. 

10 ‘‘(2) USE OF NORTHEAST CORRIDOR INVESTMENT

11 ACCOUNT.—Except as provided in subsection (f), 

12 amounts deposited in the Northeast Corridor invest13 ment account shall be made available for the use of 

14 Amtrak for its share of— 

15 ‘‘(A) capital projects described in section 

16 24904(a)(2)(E)(i), and developed under the plan17 ning process established under that section, to 

18 bring Northeast Corridor infrastructure to a 

19 state-of-good-repair; 

20 ‘‘(B) capital projects described in clauses 

21 (ii) and (iv) of section 24904(a)(2)(E) that are 

22 developed under the planning process established 

23 under that section intended to increase corridor 

24 capacity, improve service reliability, and reduce 

25 travel time on the Northeast Corridor; 
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1 ‘‘(C) capital projects to improve safety and 

2 security; 

3 ‘‘(D) capital projects to improve customer 

4 service and amenities; 

5 ‘‘(E) acquiring, rehabilitating, manufac6 turing, remanufacturing, overhauling, or im7 proving equipment and associated facilities used 

8 for intercity rail passenger transportation by 

9 Northeast Corridor train services; 

10 ‘‘(F) retirement of principal and payment 

11 of interest on loans for capital projects described 

12 in this paragraph or for capital leases for equip13 ment and related to the Northeast Corridor; 

14 ‘‘(G) participation in public-private part15 nerships, joint ventures, and other mechanisms 

16 or arrangements that result in the completion of 

17 capital projects described in this paragraph; and 

18 ‘‘(H) indirect, common, corporate, or other 

19 costs directly incurred by or allocated to the 

20 Northeast Corridor. 

21 ‘‘(c) STATE-SUPPORTED ACCOUNT.— 

22 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

23 State-supported account established under subsection 

24 (a)(2)— 
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1 ‘‘(A) a portion of the grant funds appro2 priated under the authorization in section 

3 35101(a) of the Railroad Reform, Enhancement, 

4 and Efficiency Act, or any subsequent Act ap5 propriating funds for the use of Amtrak, as spec6 ified in a grant agreement entered into under 

7 section 24318; 

8 ‘‘(B) any compensation received from States 

9 provided to Amtrak under section 209 of the 

10 Passenger Rail Investment and Improvement Act 

11 of 2008 (42 U.S.C. 24101 note); and 

12 ‘‘(C) any operating surplus from its State13 supported routes, as allocated under section 

14 24317. 

15 ‘‘(2) USE OF STATE-SUPPORTED ACCOUNT.—Ex16 cept as provided in subsection (f), amounts deposited 

17 in the State-supported account shall be made avail18 able for the use of Amtrak for capital expenses and 

19 operating costs, including indirect, common, cor20 porate, or other costs directly incurred by or allocated 

21 to State-supported routes, of its State-supported 

22 routes and retirement of principal and payment of 

23 interest on loans or capital leases attributable to its 

24 State-supported routes. 

25 ‘‘(d) LONG-DISTANCE ACCOUNT.— 
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1 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

2 long-distance account established under subsection 

3 (a)(3)— 

4 ‘‘(A) a portion of the grant funds appro5 priated under the authorization in section 

6 35101(a) of the Railroad Reform, Enhancement, 

7 and Efficiency Act, or any subsequent Act ap8 propriating funds for the use of Amtrak, as spec9 ified in a grant agreement entered into under 

10 section 24318; 

11 ‘‘(B) any compensation received from States 

12 provided to Amtrak for costs associated with its 

13 long-distance routes; and 

14 ‘‘(C) any operating surplus from its long15 distance routes, as allocated under section 24317. 

16 ‘‘(2) USE OF LONG-DISTANCE ACCOUNT.—Except 

17 as provided in subsection (f), amounts deposited in 

18 the long-distance account shall be made available for 

19 the use of Amtrak for capital expenses and operating 

20 costs, including indirect, common, corporate, or other 

21 costs directly incurred by or allocated to long-distance 

22 routes, of its long-distance routes and retirement of 

23 principal and payment of interest on loans or capital 

24 leases attributable to the long-distance routes. 
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1 ‘‘(e) OTHER NATIONAL NETWORK ACTIVITIES AC2 COUNT.— 

3 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

4 other national network activities account established 

5 under subsection (a)(4)— 

6 ‘‘(A) a portion of the grant funds appro7 priated under the authorization in section 

8 35101(a) of the Railroad Reform, Enhancement, 

9 and Efficiency Act, or any subsequent Act ap10 propriating funds for the use of Amtrak, as spec11 ified in a grant agreement entered into under 

12 section 24318; 

13 ‘‘(B) any compensation received from States 

14 provided to Amtrak for costs associated with its 

15 other national network activities; and 

16 ‘‘(C) any operating surplus from its other 

17 national network activities. 

18 ‘‘(2) USE OF OTHER NATIONAL NETWORK ACTIVI19 TIES ACCOUNT.—Except as provided in subsection (f), 

20 amounts deposited into the other national network ac21 tivities account shall be made available for the use of 

22 Amtrak for capital and operating costs not allocated 

23 to the Northeast Corridor investment account, State24 supported account, or long-distance account, and re25 tirement of principal and payment of interest on 
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1 loans or capital leases attributable to other national 

2 network activities. 

3 ‘‘(f) TRANSFER AUTHORITY.— 

4 ‘‘(1) AUTHORITY.—Amtrak may transfer any 

5 funds appropriated under the authorization in section 

6 35101(a) of the Railroad Reform, Enhancement, and 

7 Efficiency Act, or any subsequent Act appropriating 

8 funds for the use of Amtrak for deposit into the ac9 counts described in that section, or any surplus gen10 erated by operations, between the Northeast Corridor, 

11 State-supported, long-distance, and other national 

12 network activities accounts— 

13 ‘‘(A) upon the expiration of 10 days after 

14 the date that Amtrak notifies the Amtrak Board 

15 of Directors, including the Secretary, of the 

16 planned transfer; and 

17 ‘‘(B) with the approval of the Secretary. 

18 ‘‘(2) REPORT.—Not later than 5 days after the 

19 date that Amtrak notifies the Amtrak Board of Direc20 tors of a planned transfer under paragraph (1), Am21 trak shall transmit to the Committee on Commerce, 

22 Science, and Transportation and the Committee on 

23 Appropriations of the Senate and the Committee on 

24 Transportation and Infrastructure and the Committee 
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1 on Appropriations of the House of Representatives a 

2 report that includes— 

3 ‘‘(A) the amount of the transfer; and 

4 ‘‘(B) a detailed explanation of the reason 

5 for the transfer, including— 

6 ‘‘(i) the effects on Amtrak services 

7 funded by the account from which the trans8 fer is drawn, in comparison to a scenario 

9 in which no transfer was made; and 

10 ‘‘(ii) the effects on Amtrak services 

11 funded by the account receiving the transfer, 

12 in comparison to a scenario in which no 

13 transfer was made. 

14 ‘‘(3) NOTIFICATIONS.— 

15 ‘‘(A) STATE-SUPPORTED ACCOUNT.—Not 

16 later than 5 days after the date that Amtrak no17 tifies the Amtrak Board of Directors of a 

18 planned transfer under paragraph (1) of funds 

19 to or from the State-supported account, Amtrak 

20 shall transmit to each State that sponsors a 

21 State-supported route a letter that includes the 

22 information described under subparagraphs (A) 

23 and (B) of paragraph (2). 

24 ‘‘(B) NORTHEAST CORRIDOR ACCOUNT.— 

25 Not later than 5 days after the date that Amtrak 
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† HR 22 EAS 

1 notifies the Amtrak Board of Directors of a 

2 planned transfer under paragraph (1) of funds 

3 to or from the Northeast Corridor account, Am4 trak shall transmit to the Northeast Corridor 

5 Commission a letter that includes the informa6 tion described under subparagraphs (A) and (B) 

7 of paragraph (2). 

8 ‘‘(g) ENFORCEMENT.—The Secretary shall enforce the 

9 provisions of each grant agreement under section 24318(d), 

10 including any deposit into an account under this section. 

11 ‘‘(h) LETTERS OF INTENT.— 

12 ‘‘(1) REQUIREMENT.—The Secretary may issue a 

13 letter of intent to Amtrak announcing an intention to 

14 obligate, for a major capital project described in 

15 clauses (ii) and (iv) of section 24904(a)(2)(E), an 

16 amount from future available budget authority speci17 fied in law that is not more than the amount stipu18 lated as the financial participation of the Secretary 

19 in the project. 

20 ‘‘(2) NOTICE TO CONGRESS.—At least 30 days 

21 before issuing a letter under paragraph (1), the Sec22 retary shall notify in writing the Committee on Com23 merce, Science, and Transportation and the Com24 mittee on Appropriations of the Senate and the Com25 mittee on Transportation and Infrastructure and the 
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† HR 22 EAS 

1 Committee on Appropriations of the House of Rep2 resentatives of the proposed letter. The Secretary shall 

3 include with the notice a copy of the proposed letter, 

4 the criteria used for selecting the project for a grant 

5 award, and a description of how the project meets the 

6 criteria under this section. 

7 ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR

8 COMMITMENT.—An obligation or administrative com9 mitment may be made only when amounts are appro10 priated. The letter of intent shall state that the con11 tingent commitment is not an obligation of the Fed12 eral Government, and is subject to the availability of 

13 appropriations under Federal law and to Federal 

14 laws in force or enacted after the date of the contin15 gent commitment.’’. 

16 (b) CONFORMING AMENDMENTS.—The table of contents 

17 for chapter 243 is amended by adding at the end the fol18 lowing: 

‘‘24317. Costs and revenues. 

‘‘24318. Grant process. 

‘‘24319. Accounts.’’. 

19 (c) REPEALS.— 

20 (1) ESTABLISHMENT OF GRANT PROCESS.—Sec21 tion 206 of the Passenger Rail Investment and Im22 provement Act of 2008 (49 U.S.C. 24101 note) and 

23 the item relating to that section in the table of con24 tents of that Act are repealed. 
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1 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec2 tion 24104 and the item relating to that section in 

3 the table of contents of chapter 241 are repealed. 

4 SEC. 35202. 5-YEAR BUSINESS LINE AND ASSETS PLANS. 

5 (a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET

6 PLANS.—Chapter 243, as amended by section 35201 of this 

7 Act, is further amended by inserting after section 24319 the 

8 following: 

9 ‘‘§ 24320. Amtrak 5-year business line and asset plans 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) FINAL PLANS.—Not later than February 15 

12 of each year, Amtrak shall submit to Congress and the 

13 Secretary final 5-year business line plans and 5-year 

14 asset plans prepared in accordance with this section. 

15 These final plans shall form the basis for Amtrak’s 

16 general and legislative annual report to the President 

17 and Congress required by section 24315(b). 

18 ‘‘(2) FISCAL CONSTRAINT.—Each plan prepared 

19 under this section shall be based on funding levels au20 thorized or otherwise available to Amtrak in a fiscal 

21 year. In the absence of an authorization or appro22 priation of funds for a fiscal year, the plans shall be 

23 based on the amount of funding available in the pre24 vious fiscal year, plus inflation. Amtrak may include 

25 an appendix to the asset plan required in subsection 
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† HR 22 EAS 

1 (c) that describes any capital funding requirements in 

2 excess of amounts authorized or otherwise available to 

3 Amtrak in a fiscal year for capital investment. 

4 ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 

5 ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall 

6 prepare a 5-year business line plan for each of the fol7 lowing business lines and services: 

8 ‘‘(A) Northeast Corridor train services. 

9 ‘‘(B) State-supported routes operated by 

10 Amtrak. 

11 ‘‘(C) Long-distance routes operated by Am12 trak. 

13 ‘‘(D) Ancillary services operated by Amtrak, 

14 including commuter operations and other rev15 enue generating activities as determined by the 

16 Secretary in consultation with Amtrak. 

17 ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE

18 PLANS.—The 5-year business line plan for each busi19 ness line shall include, at a minimum— 

20 ‘‘(A) a statement of Amtrak’s vision, goals, 

21 and service plan for the business line, coordi22 nated with any entities that are contributing 

23 capital or operating funding to support pas24 senger rail services within those business lines, 
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1 and aligned with Amtrak’s Strategic Plan and 

2 5-year asset plans under subsection (c); 

3 ‘‘(B) all projected revenues and expenditures 

4 for the business line, including identification of 

5 revenues and expenditures incurred by— 

6 ‘‘(i) passenger operations; 

7 ‘‘(ii) non-passenger operations that are 

8 directly related to the business line; and 

9 ‘‘(iii) governmental funding sources, 

10 including revenues and other funding re11 ceived from States; 

12 ‘‘(C) projected ridership levels for all pas13 senger operations; 

14 ‘‘(D) estimates of long-term and short-term 

15 debt and associated principal and interest pay16 ments (both current and forecasts); 

17 ‘‘(E) annual profit and loss statements and 

18 forecasts and balance sheets; 

19 ‘‘(F) annual cash flow forecasts; 

20 ‘‘(G) a statement describing the methodolo21 gies and significant assumptions underlying esti22 mates and forecasts; 

23 ‘‘(H) specific performance measures that 

24 demonstrate year over year changes in the results 

25 of Amtrak’s operations; 
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† HR 22 EAS 

1 ‘‘(I) financial performance for each route 

2 within each business line, including descriptions 

3 of the cash operating loss or contribution and 

4 labor productivity for each route; 

5 ‘‘(J) specific costs and savings estimates re6 sulting from reform initiatives; 

7 ‘‘(K) prior fiscal year and projected equip8 ment reliability statistics; and 

9 ‘‘(L) an identification and explanation of 

10 any major adjustments made from previously11 approved plans. 

12 ‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.— 

13 In meeting the requirements of this section, Amtrak 

14 shall— 

15 ‘‘(A) coordinate the development of the busi16 ness line plans with the Secretary; 

17 ‘‘(B) for the Northeast Corridor business 

18 line plan, coordinate with the Northeast Corridor 

19 Commission and transmit to the Commission the 

20 final plan under subsection (a)(1), and consult 

21 with other entities, as appropriate; 

22 ‘‘(C) for the State-supported route business 

23 line plan, coordinate with the State-Supported 

24 Route Committee established under section 

25 24712; 
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† HR 22 EAS 

1 ‘‘(D) for the long-distance route business 

2 line plan, coordinate with any States or Inter3 state Compacts that provide funding for such 

4 routes, as appropriate; 

5 ‘‘(E) ensure that Amtrak’s annual budget 

6 request to Congress is consistent with the infor7 mation in the 5-year business line plans; and 

8 ‘‘(F) identify the appropriate Amtrak offi9 cials that are responsible for each business line. 

10 ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA11 BILITY.—In meeting the requirements under this sub12 section, Amtrak shall use the categories specified in 

13 the financial accounting and reporting system devel14 oped under section 203 of the Passenger Rail Invest15 ment and Improvement Act of 2008 (49 U.S.C. 24101 

16 note) when preparing its 5-year business line plans. 

17 ‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— 

18 ‘‘(1) ASSET CATEGORIES.—Amtrak shall prepare 

19 a 5-year asset plan for each of the following asset cat20 egories: 

21 ‘‘(A) Infrastructure, including all Amtrak22 controlled Northeast Corridor assets and other 

23 Amtrak-owned infrastructure, and the associated 

24 facilities that support the operation, mainte25 nance, and improvement of those assets. 
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1 ‘‘(B) Passenger rail equipment, including 

2 all Amtrak-controlled rolling stock, locomotives, 

3 and mechanical shop facilities that are used to 

4 overhaul equipment. 

5 ‘‘(C) Stations, including all Amtrak-con6 trolled passenger rail stations and elements of 

7 other stations for which Amtrak has legal respon8 sibility or intends to make capital investments. 

9 ‘‘(D) National assets, including national 

10 reservations, security, training and training cen11 ters, and other assets associated with Amtrak’s 

12 national passenger rail transportation system. 

13 ‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.—Each 

14 asset plan shall include, at a minimum— 

15 ‘‘(A) a summary of Amtrak’s 5-year stra16 tegic plan for each asset category, including 

17 goals, objectives, any relevant performance 

18 metrics, and statutory or regulatory actions af19 fecting the assets; 

20 ‘‘(B) an inventory of existing Amtrak cap21 ital assets, to the extent practicable, including 

22 information regarding shared use or ownership, 

23 if applicable; 

24 ‘‘(C) a prioritized list of proposed capital 

25 investments that— 
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† HR 22 EAS 

1 ‘‘(i) categorizes each capital project as 

2 being primarily associated with— 

3 ‘‘(I) normalized capital replace4 ment; 

5 ‘‘(II) backlog capital replacement; 

6 ‘‘(III) improvements to support 

7 service enhancements or growth; 

8 ‘‘(IV) strategic initiatives that 

9 will improve overall operational per10 formance, lower costs, or otherwise im11 prove Amtrak’s corporate efficiency; or 

12 ‘‘(V) statutory, regulatory, or 

13 other legal mandates; 

14 ‘‘(ii) identifies each project or program 

15 that is associated with more than 1 category 

16 described in clause (i); and 

17 ‘‘(iii) describes the anticipated business 

18 outcome of each project or program identi19 fied under this subparagraph, including an 

20 assessment of— 

21 ‘‘(I) the potential effect on pas22 senger operations, safety, reliability, 

23 and resilience; 

24 ‘‘(II) the potential effect on Am25 trak’s ability to meet regulatory re-
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† HR 22 EAS 

1 quirements if the project or program is 

2 not funded; and 

3 ‘‘(III) the benefits and costs; and 

4 ‘‘(D) annual profit and loss statements and 

5 forecasts and balance sheets for each asset cat6 egory. 

7 ‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meeting 

8 the requirements of this subsection, Amtrak shall— 

9 ‘‘(A) coordinate with each business line de10 scribed in subsection (b)(1) in the preparation of 

11 each 5-year asset plan and ensure integration of 

12 each 5-year asset plan with the 5-year business 

13 line plans; 

14 ‘‘(B) as applicable, coordinate with the 

15 Northeast Corridor Commission, the State-Sup16 ported Route Committee, and owners of assets af17 fected by 5-year asset plans; and 

18 ‘‘(C) identify the appropriate Amtrak offi19 cials that are responsible for each asset category. 

20 ‘‘(4) EVALUATION OF NATIONAL ASSETS

21 COSTS.—The Secretary shall— 

22 ‘‘(A) evaluate the costs and scope of all na23 tional assets; and 

24 ‘‘(B) determine the activities and costs that 

25 are— 
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1 ‘‘(i) required in order to ensure the ef2 ficient operations of a national passenger 

3 rail system; 

4 ‘‘(ii) appropriate for allocation to 1 of 

5 the other Amtrak business lines; and 

6 ‘‘(iii) extraneous to providing an effi7 cient national passenger rail system or are 

8 too costly relative to the benefits or perform9 ance outcomes they provide. 

10 ‘‘(5) DEFINITION OF NATIONAL ASSETS.—In this 

11 section, the term ‘national assets’ means the Nation’s 

12 core rail assets shared among Amtrak services, includ13 ing national reservations, security, training and 

14 training centers, and other assets associated with Am15 trak’s national passenger rail transportation system. 

16 ‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.— 

17 Not later than 1 year after the date of completion of 

18 the evaluation under paragraph (4), the Adminis19 trator of the Federal Railroad Administration, in 

20 consultation with the Amtrak Board of Directors, the 

21 governors of each relevant State, and the Mayor of the 

22 District of Columbia, or their designees, shall restruc23 ture or reallocate, or both, the national assets costs in 

24 accordance with the determination under that section, 
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1 including making appropriate updates to Amtrak’s 

2 cost accounting methodology and system.’’. 

3 (b) EFFECTIVE DATE.—The requirements for Amtrak 

4 to submit final 5-year business line plans and 5-year asset 

5 plans under section 24320 of title 49, United States Code, 

6 shall take effect 1 year after the date of enactment of this 

7 Act. 

8 (c) CONFORMING AMENDMENTS.—The table of contents 

9 for chapter 243, as amended by section 35201 of this Act, 

10 is further amended by adding at the end the following: 

‘‘24320. Amtrak 5-year business line and asset plans.’’. 

11 (d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Section 

12 204 of the Passenger Rail Investment and Improvement Act 

13 of 2008 (49 U.S.C. 24101 note), and the item relating to 

14 that section in the table of contents of that Act, are repealed. 

15 (e) IDENTIFICATION OF DUPLICATIVE REPORTING RE16 QUIREMENTS.—Not later than 1 year after the date of en17 actment of this Act, the Secretary shall— 

18 (1) review existing Amtrak reporting require19 ments and identify where the existing requirements 

20 are duplicative with the business line and capital 

21 plans required by section 24320 of title 49, United 

22 States Code; 

23 (2) if the duplicative reporting requirements are 

24 administrative, the Secretary shall eliminate the du25 plicative requirements; and 
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1 (3) submit to Congress a report with any rec2 ommendations for repealing any other duplicative 

3 Amtrak reporting requirements. 

4 SEC. 35203. STATE-SUPPORTED ROUTE COMMITTEE. 

5 (a) AMENDMENT.—Chapter 247 is amended by adding 

6 at the end the following: 

7 ‘‘§ 24712. State-supported routes operated by Amtrak 

8 ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 

9 ‘‘(1) ESTABLISHMENT.—Not later than 180 days 

10 after the date of enactment of the Railroad Reform, 

11 Enhancement, and Efficiency Act, the Secretary of 

12 Transportation shall establish the State-Supported 

13 Route Committee (referred to in this section as the 

14 ‘Committee’) to promote mutual cooperation and 

15 planning pertaining to the rail operations of Amtrak 

16 and related activities of trains operated by Amtrak on 

17 State-supported routes and to further implement sec18 tion 209 of the Passenger Rail Investment and Im19 provement Act of 2008 (49 U.S.C. 24101 note). 

20 ‘‘(2) MEMBERSHIP.— 

21 ‘‘(A) IN GENERAL.—The Committee shall 

22 consist of— 

23 ‘‘(i) members representing Amtrak; 
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1 ‘‘(ii) members representing the Depart2 ment of Transportation, including the Fed3 eral Railroad Administration; and 

4 ‘‘(iii) members representing States. 

5 ‘‘(B) NON-VOTING MEMBERS.—The Com6 mittee may invite and accept other non-voting 

7 members to participate in Committee activities, 

8 as appropriate. 

9 ‘‘(3) DECISIONMAKING.—The Committee shall es10 tablish a bloc voting system under which, at a min11 imum— 

12 ‘‘(A) there are 3 separate voting blocs to 

13 represent the Committee’s voting members, in14 cluding— 

15 ‘‘(i) 1 voting bloc to represent the 

16 members described in paragraph (2)(A)(i); 

17 ‘‘(ii) 1 voting bloc to represent the 

18 members described in paragraph (2)(A)(ii); 

19 and 

20 ‘‘(iii) 1 voting bloc to represent the 

21 members described in paragraph (2)(A)(iii); 

22 ‘‘(B) each voting bloc has 1 vote; 

23 ‘‘(C) the vote of the voting bloc representing 

24 the members described in paragraph (2)(A)(iii) 
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† HR 22 EAS 

1 requires the support of at least two-thirds of that 

2 voting bloc’s members; and 

3 ‘‘(D) the Committee makes decisions by 

4 unanimous consent of the 3 voting blocs. 

5 ‘‘(4) MEETINGS; RULES AND PROCEDURES.—The 

6 Committee shall convene a meeting and shall define 

7 and implement the rules and procedures governing the 

8 Committee’s proceedings not later than 180 days after 

9 the date of establishment of the Committee by the Sec10 retary. The rules and procedures shall— 

11 ‘‘(A) incorporate and further describe the 

12 decisionmaking procedures to be used in accord13 ance with paragraph (3); and 

14 ‘‘(B) be adopted in accordance with such de15 cisionmaking procedures. 

16 ‘‘(5) COMMITTEE DECISIONS.—Decisions made 

17 by the Committee in accordance with the Committee’s 

18 rules and procedures, once established, are binding on 

19 all Committee members. 

20 ‘‘(6) COST ALLOCATION METHODOLOGY.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the Committee may amend the cost 

23 allocation methodology required and previously 

24 approved under section 209 of the Passenger 
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† HR 22 EAS 

1 Rail Investment and Improvement Act of 2008 

2 (49 U.S.C. 24101 note). 

3 ‘‘(B) PROCEDURES FOR CHANGING METH4 ODOLOGY.—The rules and procedures imple5 mented under paragraph (4) shall include proce6 dures for changing the cost allocation method7 ology. 

8 ‘‘(C) REQUIREMENTS.—The cost allocation 

9 methodology shall— 

10 ‘‘(i) ensure equal treatment in the pro11 vision of like services of all States and 

12 groups of States; and 

13 ‘‘(ii) allocate to each route the costs in14 curred only for the benefit of that route and 

15 a proportionate share, based upon factors 

16 that reasonably reflect relative use, of costs 

17 incurred for the common benefit of more 

18 than 1 route. 

19 ‘‘(b) INVOICES AND REPORTS.—Not later than Feb20 ruary 15, 2016, and monthly thereafter, Amtrak shall pro21 vide to each State that sponsors a State-supported route a 

22 monthly invoice of the cost of operating such route, includ23 ing fixed costs and third-party costs. The Committee shall 

24 determine the frequency and contents of the financial and 

25 performance reports that Amtrak shall provide to the 
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1 States, as well as the planning and demand reports that 

2 the States shall provide to Amtrak. 

3 ‘‘(c) DISPUTE RESOLUTION.— 

4 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a 

5 dispute arises with respect to the rules and procedures 

6 implemented under subsection (a)(4), an invoice or a 

7 report provided under subsection (b), implementation 

8 or compliance with the cost allocation methodology 

9 developed under section 209 of the Passenger Rail In10 vestment and Improvement Act of 2008 (49 U.S.C. 

11 24101 note) or amended under subsection (a)(6) of 

12 this section, either Amtrak or the State may request 

13 that the Surface Transportation Board conduct dis14 pute resolution under this subsection. 

15 ‘‘(2) PROCEDURES.—The Surface Transportation 

16 Board shall establish procedures for resolution of dis17 putes brought before it under this subsection, which 

18 may include provision of professional mediation serv19 ices. 

20 ‘‘(3) BINDING EFFECT.—A decision of the Sur21 face Transportation Board under this subsection shall 

22 be binding on the parties to the dispute. 

23 ‘‘(4) OBLIGATION.—Nothing in this subsection 

24 shall affect the obligation of a State to pay an 

25 amount not in dispute. 
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1 ‘‘(d) ASSISTANCE.— 

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

3 assistance to the parties in the course of negotiations 

4 for a contract for operation of a State-supported 

5 route. 

6 ‘‘(2) FINANCIAL ASSISTANCE.—From among 

7 available funds, the Secretary shall— 

8 ‘‘(A) provide financial assistance to Amtrak 

9 or 1 or more States to perform requested inde10 pendent technical analysis of issues before the 

11 Committee; and 

12 ‘‘(B) reimburse Members for travel expenses, 

13 including per diem in lieu of subsistence, in ac14 cordance with section 5703 of title 5. 

15 ‘‘(e) PERFORMANCE METRICS.—In negotiating a con16 tract for operation of a State-supported route, Amtrak and 

17 the State or States that sponsor the route shall consider in18 cluding provisions that provide penalties and incentives for 

19 performance. 

20 ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

21 ‘‘(1) IN GENERAL.—The Committee shall develop 

22 a statement of goals, objectives, and associated rec23 ommendations concerning the future of State-sup24 ported routes operated by Amtrak. The statement 

25 shall identify the roles and responsibilities of Com-
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† HR 22 EAS 

1 mittee members and any other relevant entities, such 

2 as host railroads, in meeting the identified goals and 

3 objectives, or carrying out the recommendations. The 

4 Committee may consult with such relevant entities, as 

5 the Committee considers appropriate, when developing 

6 the statement. 

7 ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS

8 AND OBJECTIVES.—Not later than 2 years after the 

9 date of enactment of the Railroad Reform, Enhance10 ment, and Efficiency Act the Committee shall trans11 mit the statement developed under paragraph (1) to 

12 the Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Transpor14 tation and Infrastructure of the House of Representa15 tives. 

16 ‘‘(g) RULE OF CONSTRUCTION.—The decisions of the 

17 Committee— 

18 ‘‘(1) shall pertain to the rail operations of Am19 trak and related activities of trains operated by Am20 trak on State-sponsored routes; and 

21 ‘‘(2) shall not pertain to the rail operations or 

22 related activities of services operated by other rail 

23 passenger carriers on State-supported routes. 
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† HR 22 EAS 

1 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The Fed2 eral Advisory Committee Act (5 U.S.C. App.) shall not 

3 apply to the Committee. 

4 ‘‘(i) DEFINITION OF STATE.—In this section, the term 

5 ‘State’ means any of the 50 States, the District of Columbia, 

6 or a public entity that sponsor the operation of trains by 

7 Amtrak on a State-supported route.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 The table of contents for chapter 247 is amended by adding 

10 at the end the following: 

‘‘24712. State-supported routes operated by Amtrak.’’. 

11 SEC. 35204. ROUTE AND SERVICE PLANNING DECISIONS. 

12 Section 208 of the Passenger Rail Investment and Im13 provement Act of 2008 (49 U.S.C. 24101 note) is amended 

14 to read as follows: 

15 ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND 

16 SERVICE PLANNING DECISIONS. 

17 ‘‘(a) METHODOLOGY DEVELOPMENT.—Not later than 

18 180 days after the date of enactment of the Railroad Re19 form, Enhancement, and Efficiency Act, as a condition of 

20 receiving a grant under section 101 of that Act, Amtrak 

21 shall obtain the services of an independent entity to develop 

22 and recommend objective methodologies for Amtrak to use 

23 in determining what intercity rail passenger transportation 

24 routes and services it should provide, including the estab25 lishment of new routes, the elimination of existing routes, 
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† HR 22 EAS 

1 and the contraction or expansion of services or frequencies 

2 over such routes. 

3 ‘‘(b) CONSIDERATIONS.—Amtrak shall require the 

4 independent entity, in developing the methodologies de5 scribed in subsection (a), to consider— 

6 ‘‘(1) the current and expected performance and 

7 service quality of intercity rail passenger transpor8 tation operations, including cost recovery, on-time 

9 performance, ridership, on-board services, stations, fa10 cilities, equipment, and other services; 

11 ‘‘(2) the connectivity of a route with other routes; 

12 ‘‘(3) the transportation needs of communities 

13 and populations that are not well served by intercity 

14 rail passenger transportation service or by other 

15 forms of intercity transportation; 

16 ‘‘(4) the methodologies of Amtrak and major 

17 intercity rail passenger transportation service pro18 viders in other countries for determining intercity 

19 passenger rail routes and services; 

20 ‘‘(5) the financial and operational effects on the 

21 overall network, including the effects on indirect costs; 

22 ‘‘(6) the views of States and the recommenda23 tions described in State rail plans, rail carriers that 

24 own infrastructure over which Amtrak operates, 

25 Interstate Compacts established by Congress and 
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† HR 22 EAS 

1 States, Amtrak employee representatives, stakeholder 

2 organizations, and other interested parties; and 

3 ‘‘(7) the funding levels that will be available 

4 under authorization levels that have been enacted into 

5 law. 

6 ‘‘(c) RECOMMENDATIONS.—Not later than 1 year after 

7 the date of enactment of the Railroad Reform, Enhance8 ment, and Efficiency Act, Amtrak shall transmit to the 

9 Committee on Commerce, Science, and Transportation of 

10 the Senate and the Committee on Transportation and In11 frastructure of the House of Representatives recommenda12 tions developed by the independent entity under subsection 

13 (a). 

14 ‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not 

15 later than 90 days after the date the recommendations are 

16 transmitted under subsection (c), Amtrak shall consider the 

17 adoption of each recommendation and transmit to the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate and the Committee on Transportation and Infra20 structure of the House of Representatives a report explain21 ing the reasons for adopting or not adopting each rec22 ommendation.’’. 

23 SEC. 35205. COMPETITION. 

24 (a) ALTERNATE PASSENGER RAIL SERVICE PILOT

25 PROGRAM.—Section 24711 is amended to read as follows: 
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† HR 22 EAS 

1 ‘‘§ 24711. Alternate passenger rail service pilot pro2 gram 

3 ‘‘(a) IN GENERAL.—Not later than 18 months after the 

4 date of enactment of the Railroad Reform, Enhancement, 

5 and Efficiency Act, the Secretary of Transportation shall 

6 promulgate a rule to implement a pilot program for com7 petitive selection of rail carriers for long-distance routes (as 

8 defined in section 24102). 

9 ‘‘(b) PILOT PROGRAM REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—The pilot program shall— 

11 ‘‘(A) allow a party described in paragraph 

12 (2) to petition the Secretary to provide intercity 

13 rail passenger transportation over a long-dis14 tance route in lieu of Amtrak for an operations 

15 period of 4 years from the date of commencement 

16 of service by the winning bidder and, at the op17 tion of the Secretary, consistent with the rule 

18 promulgated under subsection (a), allow the con19 tract to be renewed for an additional operations 

20 period of 4 years, but not to exceed a total of 3 

21 operations periods; 

22 ‘‘(B) require the Secretary to— 

23 ‘‘(i) notify the petitioner and Amtrak 

24 of receipt of the petition under subpara25 graph (A) and to publish in the Federal 
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† HR 22 EAS 

1 Register a notice of receipt not later than 

2 30 days after the date of receipt; and 

3 ‘‘(ii) establish a deadline, of not more 

4 than 120 days after the notice of receipt is 

5 published in the Federal Register under 

6 clause (i), by which both the petitioner and 

7 Amtrak, if Amtrak chooses to do so, would 

8 be required to submit a complete bid to pro9 vide intercity rail passenger transportation 

10 over the applicable route; 

11 ‘‘(C) require that each bid— 

12 ‘‘(i) describe the capital needs, finan13 cial projections, and operational plans, in14 cluding staffing plans, for the service, and 

15 such other factors as the Secretary considers 

16 appropriate; and 

17 ‘‘(ii) be made available by the winning 

18 bidder to the public after the bid award; 

19 ‘‘(D) for a route that receives funding from 

20 a State or States, require that for each bid re21 ceived from a party described in paragraph (2), 

22 other than a State, the Secretary have the con23 currence of the State or States that provide fund24 ing for that route; 
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† HR 22 EAS 

1 ‘‘(E) for a winning bidder that is not or 

2 does not include Amtrak, require the Secretary to 

3 execute a contract not later than 270 days after 

4 the deadline established under subparagraph 

5 (B)(ii) and award to the winning bidder— 

6 ‘‘(i) subject to paragraphs (3) and (4), 

7 the right and obligation to provide intercity 

8 rail passenger transportation over that 

9 route subject to such performance standards 

10 as the Secretary may require; and 

11 ‘‘(ii) an operating subsidy, as deter12 mined by the Secretary, for— 

13 ‘‘(I) the first year at a level that 

14 does not exceed 90 percent of the level 

15 in effect for that specific route during 

16 the fiscal year preceding the fiscal year 

17 in which the petition was received, ad18 justed for inflation; and 

19 ‘‘(II) any subsequent years at the 

20 level calculated under subclause (I), 

21 adjusted for inflation; and 

22 ‘‘(F) for a winning bidder that is or in23 cludes Amtrak, award to that bidder an oper24 ating subsidy, as determined by the Secretary, 

25 over the applicable route that will not change 
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† HR 22 EAS 

1 during the fiscal year in which the bid was sub2 mitted solely as a result of the winning bid. 

3 ‘‘(2) ELIGIBLE PETITIONERS.—The following 

4 parties are eligible to submit petitions under para5 graph (1): 

6 ‘‘(A) A rail carrier or rail carriers that own 

7 the infrastructure over which Amtrak operates a 

8 long-distance route. 

9 ‘‘(B) A rail passenger carrier with a writ10 ten agreement with the rail carrier or rail car11 riers that own the infrastructure over which Am12 trak operates a long-distance route and that host 

13 or would host the intercity rail passenger trans14 portation. 

15 ‘‘(C) A State, group of States, or State-sup16 ported joint powers authority or other sub-State 

17 governance entity responsible for provision of 

18 intercity rail passenger transportation with a 

19 written agreement with the rail carrier or rail 

20 carriers that own the infrastructure over which 

21 Amtrak operates a long-distance route and that 

22 host or would host the intercity rail passenger 

23 transportation. 

24 ‘‘(D) A State, group of States, or State-sup25 ported joint powers authority or other sub-State 
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† HR 22 EAS 

1 governance entity responsible for provision of 

2 intercity rail passenger transportation and a 

3 rail passenger carrier with a written agreement 

4 with the rail carrier or rail carriers that own the 

5 infrastructure over which Amtrak operates a 

6 long-distance route and that host or would host 

7 the intercity rail passenger transportation. 

8 ‘‘(3) PERFORMANCE STANDARDS.—If the win9 ning bidder under paragraph (1)(E)(i) is not or does 

10 not include Amtrak, the performance standards shall 

11 be consistent with the performance required of or 

12 achieved by Amtrak on the applicable route during 

13 the last fiscal year. 

14 ‘‘(4) AGREEMENT GOVERNING ACCESS ISSUES.— 

15 Unless the winning bidder already has applicable ac16 cess agreements in place or includes a rail carrier 

17 that owns the infrastructure used in the operation of 

18 the route, the winning bidder under paragraph 

19 (1)(E)(i) shall enter into a written agreement gov20 erning access issues between the winning bidder and 

21 the rail carrier or rail carriers that own the infra22 structure over which the winning bidder would oper23 ate and that host or would host the intercity rail pas24 senger transportation. 
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† HR 22 EAS 

1 ‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If the Sec2 retary awards the right and obligation to provide rail pas3 senger transportation over a route under this section to an 

4 entity in lieu of Amtrak— 

5 ‘‘(1) the Secretary shall require Amtrak to pro6 vide access to the Amtrak-owned reservation system, 

7 stations, and facilities directly related to operations of 

8 the awarded routes to the rail passenger carrier 

9 awarded a contract under this section, in accordance 

10 with subsection (g), as necessary to carry out the pur11 poses of this section; 

12 ‘‘(2) an employee of any person, except for a 

13 freight railroad or a person employed or contracted 

14 by a freight railroad, used by such rail passenger car15 rier in the operation of a route under this section 

16 shall be considered an employee of that rail passenger 

17 carrier and subject to the applicable Federal laws and 

18 regulations governing similar crafts or classes of em19 ployees of Amtrak; and 

20 ‘‘(3) the winning bidder shall provide hiring 

21 preference to qualified Amtrak employees displaced by 

22 the award of the bid, consistent with the staffing plan 

23 submitted by the bidder, and shall be subject to the 

24 grant conditions under section 24405. 
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† HR 22 EAS 

1 ‘‘(d) CESSATION OF SERVICE.—If a rail passenger car2 rier awarded a route under this section ceases to operate 

3 the service or fails to fulfill an obligation under the contract 

4 required under subsection (b)(1)(E), the Secretary shall take 

5 any necessary action consistent with this title to enforce the 

6 contract and ensure the continued provision of service, in7 cluding— 

8 ‘‘(1) the installment of an interim rail passenger 

9 carrier; 

10 ‘‘(2) providing to the interim rail passenger car11 rier under paragraph (1) an operating subsidy nec12 essary to provide service; and 

13 ‘‘(3) rebidding the contract to operate the rail 

14 passenger transportation. 

15 ‘‘(e) BUDGET AUTHORITY.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall provide 

17 to a winning bidder that is not or does not include 

18 Amtrak and that is selected under this section any 

19 appropriations withheld under section 35101(c) of the 

20 Railroad Reform, Enhancement, and Efficiency Act, 

21 or any subsequent appropriation for the same pur22 pose, necessary to cover the operating subsidy de23 scribed in subsection (b)(1)(E)(ii). 

24 ‘‘(2) AMTRAK.—If the Secretary selects a win25 ning bidder that is not or does not include Amtrak, 
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† HR 22 EAS 

1 the Secretary may provide to Amtrak an appropriate 

2 portion of the appropriations under section 35101(a) 

3 of the Railroad Reform, Enhancement, and Efficiency 

4 Act, or any subsequent appropriation for the same 

5 purpose, to cover any cost directly attributable to the 

6 termination of Amtrak service on the route and any 

7 indirect costs to Amtrak imposed on other Amtrak 

8 routes as a result of losing service on the route oper9 ated by the winning bidder. Any amount provided by 

10 the Secretary to Amtrak under this paragraph shall 

11 not be deducted from or have any effect on the oper12 ating subsidy described in subsection (b)(1)(E)(ii). 

13 ‘‘(f) DEADLINE.—If the Secretary does not promulgate 

14 the final rule and implement the program before the dead15 line under subsection (a), the Secretary shall submit to the 

16 Committee on Commerce, Science, and Transportation of 

17 the Senate and the Committee on Transportation and In18 frastructure of the House of Representatives a letter, signed 

19 by the Secretary and Administrator of the Federal Railroad 

20 Administration, each month until the rule is complete, in21 cluding— 

22 ‘‘(1) the reasons why the rule has not been 

23 issued; 

24 ‘‘(2) an updated staffing plan for completing the 

25 rule as soon as feasible; 
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† HR 22 EAS 

1 ‘‘(3) the contact information of the official that 

2 will be overseeing the execution of the staffing plan; 

3 and 

4 ‘‘(4) the estimated date of completion of the rule. 

5 ‘‘(g) DISPUTES.—If Amtrak and the rail passenger 

6 carrier awarded a route under this section cannot agree 

7 upon terms to carry out subsection (c)(1), and the Surface 

8 Transportation Board finds that access to Amtrak’s facili9 ties or equipment, or the provision of services by Amtrak, 

10 is necessary under subsection (c)(1) and that the operation 

11 of Amtrak’s other services will not be impaired thereby, the 

12 Surface Transportation Board shall issue an order that the 

13 facilities and equipment be made available, and that serv14 ices be provided, by Amtrak, and shall determine reasonable 

15 compensation, liability, and other terms for use of the facili16 ties and equipment and provision of the services. 

17 ‘‘(h) LIMITATION.—Not more than 3 long-distance 

18 routes may be selected under this section for operation by 

19 a winning bidder that is not or does not include Amtrak. 

20 ‘‘(i) PRESERVATION OF RIGHT TO COMPETITION ON

21 STATE-SUPPORTED ROUTES.—Nothing in this section shall 

22 be construed as prohibiting a State from introducing com23 petition for intercity rail passenger transportation or serv24 ices on its State-supported route or routes.’’. 
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† HR 22 EAS 

1 (b) REPORT.—Not later than 4 years after the date 

2 of implementation of the pilot program under section 24711 

3 of title 49, United States Code, and quadrennially there4 after until the pilot program is discontinued, the Secretary 

5 shall submit to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on Trans7 portation and Infrastructure of the House of Representa8 tives a report on the results on the pilot program to date 

9 and any recommendations for further action. 

10 SEC. 35206. ROLLING STOCK PURCHASES. 

11 (a) IN GENERAL.—Prior to entering into any contract 

12 in excess of $100,000,000 for rolling stock and locomotive 

13 procurements Amtrak shall submit a business case analysis 

14 to the Secretary, the Committee on Commerce, Science, and 

15 Transportation and the Committee on Appropriations of 

16 the Senate and the Committee on Transportation and In17 frastructure and the Committee on Appropriations of the 

18 House of Representatives, on the utility of such procure19 ments. 

20 (b) CONTENTS.—The business case analysis shall— 

21 (1) include a cost and benefit comparison that 

22 describes the total lifecycle costs and the anticipated 

23 benefits related to revenue, operational efficiency, reli24 ability, and other factors; 

25 (2) set forth the total payments by fiscal year; 
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† HR 22 EAS 

1 (3) identify the specific source and amounts of 

2 funding for each payment, including Federal funds, 

3 State funds, Amtrak profits, Federal, State, or pri4 vate loans or loan guarantees, and other funding; 

5 (4) include an explanation of whether any pay6 ment under the contract will increase Amtrak’s grant 

7 request, as required under section 24318 of title 49, 

8 United States Code, in that particular fiscal year; 

9 and 

10 (5) describe how Amtrak will adjust the procure11 ment if future funding is not available. 

12 (c) RULE OF CONSTRUCTION.—Nothing in this section 

13 shall be construed as requiring Amtrak to disclose confiden14 tial information regarding a potential vendor’s proposed 

15 pricing or other sensitive business information prior to con16 tract execution. 

17 SEC. 35207. FOOD AND BEVERAGE POLICY. 

18 (a) IN GENERAL.—Chapter 243, as amended in section 

19 35202 of this Act, is further amended by adding after sec20 tion 24320 the following: 

21 ‘‘§ 24321. Food and beverage reform 

22 ‘‘(a) PLAN.—Not later than 90 days after the date of 

23 enactment of the Railroad Reform, Enhancement, and Effi24 ciency Act, Amtrak shall develop and begin implementing 

25 a plan to eliminate, not later than 4 years after the date 
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† HR 22 EAS 

1 of enactment of that Act, the operating loss associated with 

2 providing food and beverage service on board Amtrak 

3 trains. 

4 ‘‘(b) CONSIDERATIONS.—In developing and imple5 menting the plan under subsection (a), Amtrak shall con6 sider a combination of cost management and revenue gen7 eration initiatives, including— 

8 ‘‘(1) scheduling optimization; 

9 ‘‘(2) onboard logistics; 

10 ‘‘(3) product development and supply chain effi11 ciency; 

12 ‘‘(4) training, awards, and accountability; 

13 ‘‘(5) technology enhancements and process im14 provements; and 

15 ‘‘(6) ticket revenue allocation. 

16 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

17 Amtrak employee holding a position as of the date of enact18 ment of the Railroad Reform, Enhancement, and Efficiency 

19 Act is involuntarily separated because of— 

20 ‘‘(1) the development and implementation of the 

21 plan required under subsection (a); or 

22 ‘‘(2) any other action taken by Amtrak to imple23 ment this section. 

24 ‘‘(d) NO FEDERAL FUNDING FOR OPERATING

25 LOSSES.—Beginning on the date that is 4 years after the 
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† HR 22 EAS 

1 date of enactment of the Railroad Reform, Enhancement, 

2 and Efficiency Act, no Federal funds may be used to cover 

3 any operating loss associated with providing food and bev4 erage service on a route operated by Amtrak or an alter5 native passenger rail service provider that operates a route 

6 in lieu of Amtrak under section 24711. 

7 ‘‘(e) REPORT.—Not later than 120 days after the date 

8 of enactment of the Railroad Reform, Enhancement, and 

9 Efficiency Act, and annually thereafter for a period of 4 

10 years, Amtrak shall transmit to the Committee on Com11 merce, Science, and Transportation of the Senate and the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives a report on the plan developed 

14 under subsection (a) and a description of progress in the 

15 implementation of the plan.’’. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 for chapter 243, as amended in section 35202 of this Act, 

18 is amended by adding at the end the following: 

‘‘24321. Food and beverage reform.’’. 

19 SEC. 35208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS. 

20 (a) IN GENERAL.—Not later than 6 months after the 

21 date of enactment of this Act, Amtrak shall establish a pilot 

22 program for a State or States that sponsor a State-sup23 ported route operated by Amtrak to facilitate— 

24 (1) onboard purchase and sale of local food and 

25 beverage products; and 
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1 (2) partnerships with local entities to hold pro2 motional events on trains or in stations. 

3 (b) PROGRAM DESIGN.—The pilot program under 

4 paragraph (1) shall allow a State or States— 

5 (1) to nominate and select a local food and bev6 erage products supplier or suppliers or local pro7 motional event partner; 

8 (2) to charge a reasonable price or fee for local 

9 food and beverage products or promotional events and 

10 related activities to help defray the costs of program 

11 administration and State-supported routes; and 

12 (3) a mechanism to ensure that State products 

13 can effectively be handled and integrated into existing 

14 food and beverage services, including compliance with 

15 all applicable regulations and standards governing 

16 such services. 

17 (c) PROGRAM ADMINISTRATION.—The pilot program 

18 shall— 

19 (1) for local food and beverage products, ensure 

20 the products are integrated into existing food and bev21 erage services, including compliance with all applica22 ble regulations and standards; 

23 (2) for promotional events, ensure the events are 

24 held in compliance with all applicable regulations 
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1 and standards, including terms to address insurance 

2 requirements; and 

3 (3) require an annual report that documents rev4 enues and costs and indicates whether the products or 

5 events resulted in a reduction in the financial con6 tribution of a State or States to the applicable State7 supported route. 

8 (d) REPORT.—Not later than 4 years after the date 

9 of establishment of the pilot programs under this section, 

10 Amtrak shall report to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives on which States have participated in the 

14 pilot programs under this section. The report shall summa15 rize the financial and operational outcomes of the pilot pro16 grams. 

17 (e) RULE OF CONSTRUCTION.—Nothing in this sub18 section shall be construed as limiting Amtrak’s ability to 

19 operate special trains in accordance with section 216 of the 

20 Passenger Rail Investment and Improvement Act of 2008 

21 (49 U.S.C. 24308 note). 

22 SEC. 35209. RIGHT-OF-WAY LEVERAGING. 

23 (a) REQUEST FOR PROPOSALS.— 

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

25 the date of enactment of this Act, Amtrak shall issue 
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1 a Request for Proposals seeking qualified persons or 

2 entities to utilize right-of-way and real estate owned, 

3 controlled, or managed by Amtrak for telecommuni4 cations systems, energy distribution systems, and 

5 other activities considered appropriate by Amtrak. 

6 (2) CONTENTS.—The Request for Proposals shall 

7 provide sufficient information on the right-of-way 

8 and real estate assets to enable respondents to propose 

9 an arrangement that will monetize or generate addi10 tional revenue from such assets through revenue shar11 ing or leasing agreements with Amtrak, to the extent 

12 possible. 

13 (b) CONSIDERATION OF PROPOSALS.—Not later than 

14 180 days following the deadline for the receipt of proposals 

15 under subsection (a), Amtrak shall review and consider each 

16 qualified proposal. Amtrak may enter into such agreements 

17 as are necessary to implement any qualified proposal. 

18 (c) REPORT.—Not later than 270 days following the 

19 deadline for the receipt of proposals under subsection (a), 

20 Amtrak shall transmit to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives a report on the Request for Proposals re24 quired by this section, including summary information of 
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1 any proposals submitted to Amtrak and any proposals ac2 cepted by Amtrak. 

3 (d) SAVINGS CLAUSE.—Nothing in this section shall 

4 be construed to limit Amtrak’s ability to utilize right-of5 way or real estate assets that it currently owns, controls, 

6 or manages or constrain Amtrak’s ability to enter into 

7 agreements with other parties to utilize such assets. 

8 SEC. 35210. STATION DEVELOPMENT. 

9 (a) REPORT ON DEVELOPMENT OPTIONS.—Not later 

10 than 1 year after the date of the enactment of this Act, Am11 trak shall submit a report to the Committee on Commerce, 

12 Science, and Transportation of the Senate and the Com13 mittee on Transportation and Infrastructure of the House 

14 of Representatives that describes— 

15 (1) options to enhance economic development and 

16 accessibility of and around Amtrak stations and ter17 minals, for the purposes of— 

18 (A) improving station condition, 

19 functionality, capacity, and customer amenities; 

20 (B) generating additional investment cap21 ital and development-related revenue streams; 

22 (C) increasing ridership and revenue; 

23 (D) complying with the applicable sections 

24 of the Americans with Disabilities Act of 1990 
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1 (42 U.S.C. 12101 et seq.) and the Rehabilitation 

2 Act of 1973 (29 U.S.C. 701 et seq.); and 

3 (E) strengthening multimodal connections, 

4 including transit, intercity buses, roll-on and 

5 roll-off bicycles, and airports, as appropriate; 

6 and 

7 (2) options for additional Amtrak stops that 

8 would have a positive incremental financial impact 

9 to Amtrak, based on Amtrak feasibility studies that 

10 demonstrate a financial benefit to Amtrak by gener11 ating additional revenue that exceeds any incremental 

12 costs. 

13 (b) REQUEST FOR INFORMATION.—Not later than 90 

14 days after the date the report is transmitted under sub15 section (a), Amtrak shall issue a Request of Information 

16 for 1 or more owners of stations served by Amtrak to for17 mally express an interest in completing the requirements 

18 of this section. 

19 (c) PROPOSALS.— 

20 (1) REQUEST FOR PROPOSALS.—Not later than 

21 180 days after the date the Request for Information 

22 is issued under subsection (a), Amtrak shall issue a 

23 Request for Proposals from qualified persons, includ24 ing small business concerns owned and controlled by 

25 socially and economically disadvantaged individuals 
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1 and veteran-owned small businesses, to lead, partici2 pate, or partner with Amtrak, a station owner that 

3 responded under subsection (b), and other entities in 

4 enhancing development in and around such stations 

5 and terminals using applicable options identified 

6 under subsection (a) at facilities selected by Amtrak. 

7 (2) CONSIDERATION OF PROPOSALS.—Not later 

8 than 1 year after the date the Request for Proposals 

9 are issued under paragraph (1), Amtrak shall review 

10 and consider qualified proposals submitted under 

11 paragraph (1). Amtrak or a station owner that re12 sponded under subsection (b) may enter into such 

13 agreements as are necessary to implement any quali14 fied proposal. 

15 (d) REPORT.—Not later than 3 years after the date 

16 of enactment of this Act, Amtrak shall transmit to the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate and the Committee on Transportation and Infra19 structure of the House of Representatives a report on the 

20 Request for Proposals process required under this section, 

21 including summary information of any qualified proposals 

22 submitted to Amtrak and any proposals acted upon by Am23 trak or a station owner that responded under subsection (b). 

24 (e) DEFINITIONS.—In this section, the terms ‘‘small 

25 business concern’’, ‘‘socially and economically disadvan-
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1 taged individual’’, and ‘‘veteran-owned small business’’ 

2 have the meanings given the terms in section 304(c) of this 

3 Act. 

4 (f) SAVINGS CLAUSE.—Nothing in this section shall be 

5 construed to limit Amtrak’s ability to develop its stations, 

6 terminals, or other assets, to constrain Amtrak’s ability to 

7 enter into and carry out agreements with other parties to 

8 enhance development at or around Amtrak stations or ter9 minals, or to affect any station development initiatives on10 going as of the date of enactment of this Act. 

11 SEC. 35211. AMTRAK DEBT. 

12 Section 205 of the Passenger Rail Investment and Im13 provement Act of 2008 (49 U.S.C. 24101 note) is amend14 ed— 

15 (1) by striking ‘‘as of the date of enactment of 

16 this Act’’ each place it appears; 

17 (2) in subsection (a)— 

18 (A) by inserting ‘‘, to the extent provided in 

19 advance in appropriations Acts’’ after ‘‘Amtrak’s 

20 indebtedness’’; and 

21 (B) by striking the second sentence; 

22 (3) in subsection (b), by striking ‘‘The Secretary 

23 of the Treasury, in consultation’’ and inserting ‘‘To 

24 the extent amounts are provided in advance in appro-
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1 priations Acts, the Secretary of the Treasury, in con2 sultation’’; 

3 (4) in subsection (d), by inserting ‘‘, to the extent 

4 provided in advance in appropriations Acts’’ after 

5 ‘‘as appropriate’’; 

6 (5) in subsection (e)— 

7 (A) in paragraph (1), by striking ‘‘by sec8 tion 102 of this division’’; and 

9 (B) in paragraph (2), by striking ‘‘by sec10 tion 102’’ and inserting ‘‘for Amtrak’’; 

11 (6) in subsection (g), by inserting ‘‘, unless that 

12 debt receives credit assistance, including direct loans 

13 and loan guarantees, under chapter 6 of title 23, 

14 United States Code or title V of the Railroad Revital15 ization and Regulatory Act of 1976 (45 U.S.C. 821 

16 et seq.)’’ after ‘‘Secretary’’; and 

17 (7) by striking subsection (h). 

18 SEC. 35212. AMTRAK PILOT PROGRAM FOR PASSENGERS 

19 TRANSPORTING DOMESTICATED CATS AND 

20 DOGS. 

21 (a) IN GENERAL.—Not later than 1 year after the date 

22 of enactment of this Act, Amtrak shall develop a pilot pro23 gram that allows passengers to transport domesticated cats 

24 or dogs on certain trains operated by Amtrak. 
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1 (b) PET POLICY.—In developing the pilot program re2 quired under subsection (a), Amtrak shall— 

3 (1) in the case of a passenger train that is com4 prised of more than 1 car, designate, where feasible, 

5 at least 1 car in which a ticketed passenger may 

6 transport a domesticated cat or dog in the same man7 ner as carry-on baggage if— 

8 (A) the cat or dog is contained in a pet ken9 nel; 

10 (B) the pet kennel complies with Amtrak 

11 size requirements for carriage of carry-on bag12 gage; 

13 (C) the passenger is traveling on a train op14 erating on a route described in subparagraph 

15 (A), (B), or (D) of section 24102(6) of title 49, 

16 United States Code; and 

17 (D) the passenger pays a fee described in 

18 paragraph (3); 

19 (2) allow a ticketed passenger to transport a do20 mesticated cat or dog on a train in the same manner 

21 as cargo if— 

22 (A) the cat or dog is contained in a pet ken23 nel; 

24 (B) the pet kennel is stowed in accordance 

25 with Amtrak requirements for cargo stowage; 
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1 (C) the passenger is traveling on a train op2 erating on a route described in subparagraph 

3 (A), (B), or (D) of section 24102(6) of title 49, 

4 United States Code; 

5 (D) the cargo area is temperature controlled 

6 in a manner protective of cat and dog safety and 

7 health; and 

8 (E) the passenger pays a fee described in 

9 paragraph (3); and 

10 (3) collect fees for each cat or dog transported by 

11 a ticketed passenger in an amount that, in the aggre12 gate and at a minimum, covers the full costs of the 

13 pilot program. 

14 (c) REPORT.—Not later than 1 year after the pilot pro15 gram required under subsection (a) is first implemented, 

16 Amtrak shall transmit to the Committee on Commerce, 

17 Science, and Transportation of the Senate and the Com18 mittee on Transportation and Infrastructure of the House 

19 of Representatives a report containing an evaluation of the 

20 pilot program. 

21 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

22 (1) SERVICE ANIMALS.—The pilot program 

23 under subsection (a) shall be separate from and in 

24 addition to the policy governing Amtrak passengers 

25 traveling with service animals. Nothing in this sec-
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1 tion may be interpreted to limit or waive the rights 

2 of passengers to transport service animals. 

3 (2) ADDITIONAL TRAIN CARS.—Nothing in this 

4 section may be interpreted to require Amtrak to add 

5 additional train cars or modify existing train cars. 

6 (3) FEDERAL FUNDS.—No Federal funds may be 

7 used to implement the pilot program required under 

8 this section. 

9 SEC. 35213. AMTRAK BOARD OF DIRECTORS. 

10 (a) IN GENERAL.—Section 24302(a) is amended to 

11 read as follows: 

12 ‘‘(a) COMPOSITION AND TERMS.— 

13 ‘‘(1) IN GENERAL.—The Amtrak Board of Direc14 tors (referred to in this section as the ‘Board’) is com15 posed of the following 9 directors, each of whom must 

16 be a citizen of the United States: 

17 ‘‘(A) The Secretary of Transportation. 

18 ‘‘(B) The President of Amtrak. 

19 ‘‘(C) 7 individuals appointed by the Presi20 dent of the United States, by and with the advice 

21 and consent of the Senate, with general business 

22 and financial experience, experience or qualifica23 tions in transportation, freight and passenger 

24 rail transportation, travel, hospitality, or pas25 senger air transportation businesses, or rep-
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1 resentatives of employees or users of passenger 

2 rail transportation or a State government. 

3 ‘‘(2) SELECTION.—In selecting individuals de4 scribed in paragraph (1)(C) for nominations for ap5 pointments to the Board, the President shall consult 

6 with the Speaker of the House of Representatives, the 

7 minority leader of the House of Representatives, the 

8 majority leader of the Senate, and the minority leader 

9 of the Senate. The individuals appointed to the Board 

10 under paragraph (1)(C) shall be composed of the fol11 lowing; 

12 ‘‘(A) 2 individuals from the Northeast Cor13 ridor. 

14 ‘‘(B) 4 individuals from regions of the coun15 try outside of the Northeast Corridor and geo16 graphically distributed with— 

17 ‘‘(i) 2 individuals from States with 

18 long-distance routes operated by Amtrak; 

19 and 

20 ‘‘(ii) 2 individuals from States with 

21 State-supported routes operated by Amtrak. 

22 ‘‘(C) 1 individual from the Northeast Cor23 ridor or a State with long-distance or State-sup24 ported routes. 
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1 ‘‘(3) TERM.—An individual appointed under 

2 paragraph (1)(C) shall be appointed for a term of 5 

3 years. The term may be extended until the individ4 ual’s successor is appointed and qualified. Not more 

5 than 4 individuals appointed under paragraph (1)(C) 

6 may be members of the same political party. 

7 ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— 

8 The Board shall elect a chairperson and vice chair9 person, other than the President of Amtrak, from 

10 among its membership. The vice chairperson shall 

11 serve as chairperson in the absence of the chairperson. 

12 ‘‘(5) SECRETARY’S DESIGNEE.—The Secretary 

13 may be represented at Board meetings by the Sec14 retary’s designee.’’. 

15 (b) RULE OF CONSTRUCTION.—Nothing in this section 

16 shall be construed as affecting the term of any director serv17 ing on the Amtrak Board of Directors under section 

18 24302(a)(1)(C) of title 49, United States Code, on the day 

19 preceding the date of enactment of this Act. 

20 SEC. 35214. AMTRAK BOARDING PROCEDURES. 

21 (a) REPORT.—Not later than 6 months after the date 

22 of enactment of this Act, the Amtrak Office of Inspector 

23 General shall submit a report to the Committee on Com24 merce, Science, and Transportation of the Senate and the 
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1 Committee on Transportation and Infrastructure of the 

2 House of Representatives that— 

3 (1) evaluates Amtrak’s boarding procedures for 

4 passengers, including passengers using or trans5 porting nonmotorized transportation, such as wheel6 chairs and bicycles, at its 15 stations through which 

7 the most people pass; 

8 (2) compares Amtrak’s boarding procedures to— 

9 (A) commuter railroad boarding procedures 

10 at stations shared with Amtrak; 

11 (B) international intercity passenger rail 

12 boarding procedures; and 

13 (C) fixed guideway transit boarding proce14 dures; and 

15 (3) makes recommendations, as appropriate, in 

16 consultation with the Transportation Security Ad17 ministration, to improve Amtrak’s boarding proce18 dures, including recommendations regarding the 

19 queuing of passengers and free-flow of all station 

20 users and facility improvements needed to achieve the 

21 recommendations. 

22 (b) CONSIDERATION OF RECOMMENDATIONS.—Not 

23 later than 6 months after the report is submitted under sub24 section (a), Amtrak shall consider each recommendation 
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1 provided under subsection (a)(3) for implementation at ap2 propriate locations across the Amtrak system. 

3 Subtitle C—Intercity Passenger 

4 Rail Policy 

5 SEC. 35301. COMPETITIVE OPERATING GRANTS. 

6 (a) IN GENERAL.—Chapter 244 is amended— 

7 (1) by striking section 24406; and 

8 (2) by inserting after section 24405 the fol9 lowing: 

10 ‘‘§ 24406. Competitive operating grants 

11 ‘‘(a) APPLICANT DEFINED.—In this section, the term 

12 ‘applicant’ means— 

13 ‘‘(1) a State; 

14 ‘‘(2) a group of States; 

15 ‘‘(3) an Interstate Compact; 

16 ‘‘(4) a public agency or publicly chartered au17 thority established by 1 or more States and having re18 sponsibility for providing intercity rail passenger 

19 transportation or commuter rail passenger transpor20 tation; 

21 ‘‘(5) a political subdivision of a State; 

22 ‘‘(6) Amtrak or another rail passenger carrier 

23 that provides intercity rail passenger transportation; 
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1 ‘‘(7) Any rail carrier in partnership with at 

2 least 1 of the entities described in paragraphs (1) 

3 through (5); and 

4 ‘‘(8) any combination of the entities described in 

5 paragraphs (1) through (7). 

6 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of Trans7 portation shall develop and implement a program for 

8 issuing 3-year operating assistance grants to applicants, on 

9 a competitive basis, for the purpose of initiating, restoring, 

10 or enhancing intercity rail passenger service. 

11 ‘‘(c) APPLICATION.—An applicant for a grant under 

12 this section shall submit to the Secretary— 

13 ‘‘(1) a capital and mobilization plan that— 

14 ‘‘(A) describes any capital investments, 

15 service planning actions (such as environmental 

16 reviews), and mobilization actions (such as qual17 ification of train crews) required for initiation 

18 of service; and 

19 ‘‘(B) includes the timeline for undertaking 

20 and completing each of the investments and ac21 tions referred to in subparagraph (A); 

22 ‘‘(2) an operating plan that describes the 

23 planned operation of the service, including— 

24 ‘‘(A) the identity and qualifications of the 

25 train operator; 
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1 ‘‘(B) the identity and qualifications of any 

2 other service providers; 

3 ‘‘(C) service frequency; 

4 ‘‘(D) the planned routes and schedules; 

5 ‘‘(E) the station facilities that will be uti6 lized; 

7 ‘‘(F) projected ridership, revenues, and 

8 costs; 

9 ‘‘(G) descriptions of how the projections 

10 under subparagraph (F) were developed; 

11 ‘‘(H) the equipment that will be utilized, 

12 how such equipment will be acquired or refur13 bished, and where such equipment will be main14 tained; and 

15 ‘‘(I) a plan for ensuring safe operations and 

16 compliance with applicable safety regulations; 

17 ‘‘(3) a funding plan that— 

18 ‘‘(A) describes the funding of initial capital 

19 costs and operating costs for the first 3 years of 

20 operation; 

21 ‘‘(B) includes a commitment by the appli22 cant to provide the funds described in subpara23 graph (A) to the extent not covered by Federal 

24 grants and revenues; and 
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1 ‘‘(C) describes the funding of operating costs 

2 and capital costs, to the extent necessary, after 

3 the first 3 years of operation; and 

4 ‘‘(4) a description of the status of negotiations 

5 and agreements with— 

6 ‘‘(A) each of the railroads or regional trans7 portation authorities whose tracks or facilities 

8 would be utilized by the service; 

9 ‘‘(B) the anticipated rail passenger carrier, 

10 if such entity is not part of the applicant group; 

11 and 

12 ‘‘(C) any other service providers or entities 

13 expected to provide services or facilities that will 

14 be used by the service, including any required 

15 access to Amtrak systems, stations, and facilities 

16 if Amtrak is not part of the applicant group. 

17 ‘‘(d) PRIORITIES.—In awarding grants under this sec18 tion, the Secretary shall give priority to applications— 

19 ‘‘(1) for which planning, design, any environ20 mental reviews, negotiation of agreements, acquisition 

21 of equipment, construction, and other actions nec22 essary for initiation of service have been completed or 

23 nearly completed; 
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1 ‘‘(2) that would restore service over routes for2 merly operated by Amtrak, including routes with 

3 international connections; 

4 ‘‘(3) that would provide daily or daytime service 

5 over routes where such service did not previously 

6 exist; 

7 ‘‘(4) that include private funding (including 

8 funding from railroads), and funding or other signifi9 cant participation by State, local, and regional gov10 ernmental and private entities; 

11 ‘‘(5) that include a funding plan that dem12 onstrates the intercity rail passenger service will be 

13 financially sustainable beyond the 3-year grant pe14 riod; 

15 ‘‘(6) that would provide service to regions and 

16 communities that are underserved or not served by 

17 other intercity public transportation; 

18 ‘‘(7) that would foster economic development, 

19 particularly in rural communities and for disadvan20 taged populations; 

21 ‘‘(8) that would provide other non-transportation 

22 benefits; and 

23 ‘‘(9) that would enhance connectivity and geo24 graphic coverage of the existing national network of 

25 intercity passenger rail service. 
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1 ‘‘(e) LIMITATIONS.— 

2 ‘‘(1) DURATION.—Federal operating assistance 

3 grants authorized under this section for any indi4 vidual intercity rail passenger transportation route 

5 may not provide funding for more than 3 years and 

6 may not be renewed. 

7 ‘‘(2) LIMITATION.—Not more than 6 of the oper8 ating assistance grants awarded pursuant to sub9 section (b) may be simultaneously active. 

10 ‘‘(3) MAXIMUM FUNDING.—Grants described in 

11 paragraph (1) may not exceed— 

12 ‘‘(A) 80 percent of the projected net oper13 ating costs for the first year of service; 

14 ‘‘(B) 60 percent of the projected net oper15 ating costs for the second year of service; and 

16 ‘‘(C) 40 percent of the projected net oper17 ating costs for the third year of service. 

18 ‘‘(f) USE WITH CAPITAL GRANTS AND OTHER FED19 ERAL FUNDING.—A recipient of an operating assistance 

20 grant under subsection (b) may use that grant in combina21 tion with other grants awarded under this chapter or any 

22 other Federal funding that would benefit the applicable 

23 service. 
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1 ‘‘(g) AVAILABILITY.—Amounts appropriated for car2 rying out this section shall remain available until ex3 pended. 

4 ‘‘(h) COORDINATION WITH AMTRAK.—If the Secretary 

5 awards a grant under this section to a rail passenger car6 rier other than Amtrak, Amtrak may be required under sec7 tion 24711(c)(1) of this title to provide access to its reserva8 tion system, stations, and facilities that are directly related 

9 to operations to such carrier, to the extent necessary to 

10 carry out the purposes of this section. The Secretary may 

11 award an appropriate portion of the grant to Amtrak as 

12 compensation for this access. 

13 ‘‘(i) CONDITIONS.— 

14 ‘‘(1) GRANT AGREEMENT.—The Secretary shall 

15 require grant recipients under this section to enter 

16 into a grant agreement that requires them to provide 

17 similar information regarding the route performance, 

18 financial, and ridership projections, and capital and 

19 business plans that Amtrak is required to provide, 

20 and such other data and information as the Secretary 

21 deems necessary. 

22 ‘‘(2) INSTALLMENTS; TERMINATION.—The Sec23 retary may— 
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† HR 22 EAS 

1 ‘‘(A) award grants under this section in in2 stallments, as the Secretary considers appro3 priate; and 

4 ‘‘(B) terminate any grant agreement 

5 upon— 

6 ‘‘(i) the cessation of service; or 

7 ‘‘(ii) the violation of any other term of 

8 the grant agreement. 

9 ‘‘(3) GRANT CONDITIONS.—Except as specifically 

10 provided in this section, the use of any amounts ap11 propriated for grants under this section shall be sub12 ject to the requirements under this chapter. 

13 ‘‘(j) REPORT.—Not later than 4 years after the date 

14 of enactment of the Railroad Reform, Enhancement, and 

15 Efficiency Act, the Secretary, after consultation with grant 

16 recipients under this section, shall submit a report to Con17 gress that describes— 

18 ‘‘(1) the implementation of this section; 

19 ‘‘(2) the status of the investments and operations 

20 funded by such grants; 

21 ‘‘(3) the performance of the routes funded by 

22 such grants; 

23 ‘‘(4) the plans of grant recipients for continued 

24 operation and funding of such routes; and 

25 ‘‘(5) any legislative recommendations.’’. 
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1 (b) CONFORMING AMENDMENTS.—Chapter 244 is 

2 amended— 

3 (1) in the table of contents, by inserting after the 

4 item relating to section 24405 the following: 

‘‘24406. Competitive operating grants.’’; 

5 (2) in the chapter title, by striking ‘‘INTER6 CITY PASSENGER RAIL SERVICE COR7 RIDOR CAPITAL’’ and inserting ‘‘RAIL CAP8 ITAL AND OPERATING’’; 

9 (3) in section 24401, by striking paragraph (1); 

10 (4) in section 24402, by striking subsection (j) 

11 and inserting the following: 

12 ‘‘(j) APPLICANT DEFINED.—In this section, the term 

13 ‘applicant’ means a State (including the District of Colum14 bia), a group of States, an Interstate Compact, a public 

15 agency or publicly chartered authority established by 1 or 

16 more States and having responsibility for providing inter17 city rail passenger transportation, or a political subdivi18 sion of a State.’’; and 

19 (5) in section 24405— 

20 (A) in subsection (b)— 

21 (i) by inserting ‘‘, or for which an op22 erating grant is issued under section 

23 24406,’’ after ‘‘chapter’’; and 

24 (ii) in paragraph (2), by striking 

25 ‘‘(43’’ and inserting ‘‘(45’’; 
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1 (B) in subsection (d)(1), in the matter pre2 ceding subparagraph (A), by inserting ‘‘or unless 

3 Amtrak ceased providing intercity passenger 

4 railroad transportation over the affected route 

5 more than 3 years before the commencement of 

6 new service’’ after ‘‘unless such service was pro7 vided solely by Amtrak to another entity’’; 

8 (C) in subsection (f), by striking ‘‘under 

9 this chapter for commuter rail passenger trans10 portation, as defined in section 24012(4) of this 

11 title.’’ and inserting ‘‘under this chapter for com12 muter rail passenger transportation (as defined 

13 in section 24102(3)).’’; and 

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

15 ‘‘(g) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In 

16 carrying out this chapter, the Secretary shall allocate an 

17 appropriate portion of the amounts available under this 

18 chapter to provide grants to States— 

19 ‘‘(1) in which there is no intercity passenger rail 

20 service, for the purpose of funding freight rail capital 

21 projects that are on a State rail plan developed under 

22 chapter 227 that provide public benefits (as defined in 

23 chapter 227), as determined by the Secretary; or 

24 ‘‘(2) in which the rail transportation system is 

25 not physically connected to rail systems in the conti-
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1 nental United States or may not otherwise qualify for 

2 a grant under this section due to the unique charac3 teristics of the geography of that State or other rel4 evant considerations, for the purpose of funding 

5 transportation-related capital projects.’’. 

6 SEC. 35302. FEDERAL-STATE PARTNERSHIP FOR STATE OF 

7 GOOD REPAIR. 

8 (a) AMENDMENT.—Chapter 244 is amended by insert9 ing after section 24406, as added by section 5301 of this 

10 Act, the following: 

11 ‘‘§ 24407. Federal-State partnership for state of good 

12 repair 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) APPLICANT.—The term ‘applicant’ means— 

15 ‘‘(A) a State (including the District of Co16 lumbia); 

17 ‘‘(B) a group of States; 

18 ‘‘(C) an Interstate Compact; 

19 ‘‘(D) a public agency or publicly chartered 

20 authority established by 1 or more States that 

21 has responsibility for providing intercity rail 

22 passenger transportation or commuter rail pas23 senger transportation; 

24 ‘‘(E) a political subdivision of a State; 
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1 ‘‘(F) Amtrak, acting on its own behalf or 

2 under a cooperative agreement with 1 or more 

3 States; or 

4 ‘‘(G) any combination of the entities de5 scribed in subparagraphs (A) through (F). 

6 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

7 project’ means— 

8 ‘‘(A) a project primarily intended to re9 place, rehabilitate, or repair major infrastruc10 ture assets utilized for providing intercity pas11 senger rail service, including tunnels, bridges, 

12 stations, and other assets, as determined by the 

13 Secretary; or 

14 ‘‘(B) a project primarily intended to im15 prove intercity passenger rail performance, in16 cluding reduced trip times, increased train fre17 quencies, higher operating speeds, and other im18 provements, as determined by the Secretary. 

19 ‘‘(3) NORTHEAST CORRIDOR.—The term ‘North20 east Corridor’ means— 

21 ‘‘(A) the main rail line between Boston, 

22 Massachusetts and the Virginia Avenue inter23 locking in the District of Columbia; and 
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1 ‘‘(B) the branch rail lines connecting to 

2 Harrisburg, Pennsylvania, Springfield, Massa3 chusetts, and Spuyten Duyvil, New York. 

4 ‘‘(4) QUALIFIED RAILROAD ASSET.—The term 

5 ‘qualified railroad asset’ means infrastructure, equip6 ment, or a facility that— 

7 ‘‘(A) is owned or controlled by an eligible 

8 applicant; and 

9 ‘‘(B) was not in a state of good repair on 

10 the date of enactment of the Railroad Reform, 

11 Enhancement, and Efficiency Act. 

12 ‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary 

13 of Transportation shall develop and implement a program 

14 for issuing grants to applicants, on a competitive basis, to 

15 fund capital projects that reduce the state of good repair 

16 backlog on qualified railroad assets. 

17 ‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for grants 

18 under this section include capital projects to replace or re19 habilitate qualified railroad assets, including— 

20 ‘‘(1) capital projects to replace existing assets in21 kind; 

22 ‘‘(2) capital projects to replace existing assets 

23 with assets that increase capacity or provide a higher 

24 level of service; and 
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1 ‘‘(3) capital projects to ensure that service can be 

2 maintained while existing assets are brought to a 

3 state of good repair. 

4 ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting an 

5 applicant for a grant under this section, the Secretary 

6 shall— 

7 ‘‘(1) give preference to eligible projects— 

8 ‘‘(A) that are consistent with the goals, ob9 jectives, and policies defined in any regional rail 

10 planning document that is applicable to a 

11 project proposal; and 

12 ‘‘(B) for which the proposed Federal share 

13 of total project costs does not exceed 50 percent; 

14 and 

15 ‘‘(2) take into account— 

16 ‘‘(A) the cost-benefit analysis of the pro17 posed project, including anticipated private and 

18 public benefits relative to the costs of the pro19 posed project, including— 

20 ‘‘(i) effects on system and service per21 formance; 

22 ‘‘(ii) effects on safety, competitiveness, 

23 reliability, trip or transit time, and resil24 ience; 
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1 ‘‘(iii) efficiencies from improved inte2 gration with other modes; and 

3 ‘‘(iv) ability to meet existing or antici4 pated demand; 

5 ‘‘(B) the degree to which the proposed 

6 project’s business plan considers potential pri7 vate sector participation in the financing, con8 struction, or operation of the proposed project; 

9 ‘‘(C) the applicant’s past performance in 

10 developing and delivering similar projects, and 

11 previous financial contributions; 

12 ‘‘(D) whether the applicant has, or will 

13 have— 

14 ‘‘(i) the legal, financial, and technical 

15 capacity to carry out the project; 

16 ‘‘(ii) satisfactory continuing control 

17 over the use of the equipment or facilities; 

18 and 

19 ‘‘(iii) the capability and willingness to 

20 maintain the equipment or facilities; 

21 ‘‘(E) if applicable, the consistency of the 

22 project with planning guidance and documents 

23 set forth by the Secretary or required by law; 

24 and 
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1 ‘‘(F) any other relevant factors, as deter2 mined by the Secretary. 

3 ‘‘(e) PLANNING REQUIREMENTS.—A project is not eli4 gible for a grant under this section unless the project is spe5 cifically identified— 

6 ‘‘(1) on a State rail plan prepared in accordance 

7 with chapter 227; or 

8 ‘‘(2) if the project is located on the Northeast 

9 Corridor, on the Northeast Corridor Capital Invest10 ment Plan developed pursuant to section 24904(a). 

11 ‘‘(f) NORTHEAST CORRIDOR PROJECTS.— 

12 ‘‘(1) COMPLIANCE WITH USAGE AGREEMENTS.— 

13 Grant funds may not be provided under this section 

14 to an eligible recipient for an eligible project located 

15 on the Northeast Corridor unless Amtrak and the 

16 public authorities providing commuter rail passenger 

17 transportation on the Northeast Corridor are in com18 pliance with section 24905(c)(2). 

19 ‘‘(2) CAPITAL INVESTMENT PLAN.—When select20 ing projects located on the Northeast Corridor, the 

21 Secretary shall consider the appropriate sequence and 

22 phasing of projects as contained in the Northeast Cor23 ridor Capital Investment Plan developed pursuant to 

24 section 24904(a). 

25 ‘‘(g) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
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1 ‘‘(1) TOTAL PROJECT COST.—The Secretary shall 

2 estimate the total cost of a project under this section 

3 based on the best available information, including en4 gineering studies, studies of economic feasibility, envi5 ronmental analyses, and information on the expected 

6 use of equipment or facilities. 

7 ‘‘(2) FEDERAL SHARE.—The Federal share of 

8 total costs for a project under this subsection shall not 

9 exceed 80 percent. 

10 ‘‘(3) TREATMENT OF AMTRAK REVENUE.—If Am11 trak or another rail passenger carrier is an applicant 

12 under this section, Amtrak or the other rail passenger 

13 carrier, as applicable, may use ticket and other reve14 nues generated from its operations and other sources 

15 to satisfy the non-Federal share requirements. 

16 ‘‘(h) LETTERS OF INTENT.— 

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

18 letter of intent to a grantee under this section that— 

19 ‘‘(A) announces an intention to obligate, for 

20 a major capital project under this section, an 

21 amount from future available budget authority 

22 specified in law that is not more than the 

23 amount stipulated as the financial participation 

24 of the Secretary in the project; and 
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1 ‘‘(B) states that the contingent commit2 ment— 

3 ‘‘(i) is not an obligation of the Federal 

4 Government; and 

5 ‘‘(ii) is subject to the availability of 

6 appropriations under Federal law and to 

7 Federal laws in force or enacted after the 

8 date of the contingent commitment. 

9 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

10 ‘‘(A) IN GENERAL.—Not later than 30 days 

11 before issuing a letter under paragraph (1), the 

12 Secretary shall submit written notification to— 

13 ‘‘(i) the Committee on Commerce, 

14 Science, and Transportation of the Senate; 

15 ‘‘(ii) the Committee on Appropriations 

16 of the Senate; 

17 ‘‘(iii) the Committee on Transpor18 tation and Infrastructure of the House of 

19 Representatives; and 

20 ‘‘(iv) the Committee on Appropriations 

21 of the House of Representatives. 

22 ‘‘(B) CONTENTS.—The notification sub23 mitted pursuant to subparagraph (A) shall in24 clude— 
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1 ‘‘(i) a copy of the proposed letter or 

2 agreement; 

3 ‘‘(ii) the criteria used under subsection 

4 (d) for selecting the project for a grant 

5 award; and 

6 ‘‘(iii) a description of how the project 

7 meets such criteria. 

8 ‘‘(3) APPROPRIATIONS REQUIRED.—An obliga9 tion or administrative commitment may be made 

10 under this section only when amounts are appro11 priated for such purpose. 

12 ‘‘(i) AVAILABILITY.—Amounts appropriated for car13 rying out this section shall remain available until ex14 pended. 

15 ‘‘(j) GRANT CONDITIONS.—Except as specifically pro16 vided in this section, the use of any amounts appropriated 

17 for grants under this section shall be subject to the require18 ments under this chapter.’’. 

19 (b) CONFORMING AMENDMENT.—The table of contents 

20 for chapter 244 is amended by inserting after the item relat21 ing to section 24406 the following: 

‘‘24407. Federal-State partnership for state of good repair.’’. 

22 SEC. 35303. LARGE CAPITAL PROJECT REQUIREMENTS. 

23 Section 24402 is amended by adding at the end the 

24 following: 

25 ‘‘(m) LARGE CAPITAL PROJECT REQUIREMENTS.— 
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1 ‘‘(1) IN GENERAL.—For a grant awarded under 

2 this chapter for an amount in excess of 

3 $1,000,000,000, the following conditions shall apply: 

4 ‘‘(A) The Secretary of Transportation may 

5 not obligate any funding unless the applicant 

6 demonstrates, to the satisfaction of the Secretary, 

7 that the applicant has committed, and will be 

8 able to fulfill, the non-Federal share required for 

9 the grant within the applicant’s proposed project 

10 completion timetable. 

11 ‘‘(B) The Secretary may not obligate any 

12 funding for work activities that occur after the 

13 completion of final design unless— 

14 ‘‘(i) the applicant submits a financial 

15 plan to the Secretary that generally identi16 fies the sources of the non-Federal funding 

17 required for any subsequent segments or 

18 phases of the corridor service development 

19 program covering the project for which the 

20 grant is awarded; 

21 ‘‘(ii) the grant will result in a useable 

22 segment, a transportation facility, or equip23 ment, that has operational independence or 

24 is financially sustainable; and 
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1 ‘‘(iii) the intercity passenger rail bene2 fits anticipated to result from the grant, 

3 such as increased speed, improved on-time 

4 performance, reduced trip time, increased 

5 frequencies, new service, safety improve6 ments, improved accessibility, or other sig7 nificant enhancements, are detailed by the 

8 grantee and approved by the Secretary. 

9 ‘‘(C)(i) The Secretary shall ensure that the 

10 project is maintained to the level of utility that 

11 is necessary to support the benefits approved 

12 under subparagraph (B)(iii) for a period of 20 

13 years from the date on which the useable seg14 ment, transportation facility, or equipment de15 scribed in subparagraph (B)(ii) is placed in 

16 service. 

17 ‘‘(ii) If the project property is not main18 tained as required under clause (i) for a 12- 

19 month period, the grant recipient shall refund a 

20 pro-rata share of the Federal contribution, based 

21 upon the percentage remaining of the 20-year pe22 riod that commenced when the project property 

23 was placed in service. 

24 ‘‘(2) EARLY WORK.—The Secretary may allow a 

25 grantee subject to this subsection to engage in at-risk 
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1 work activities subsequent to the conclusion of final 

2 design if the Secretary determines that such work ac3 tivities are reasonable and necessary.’’. 

4 SEC. 35304. SMALL BUSINESS PARTICIPATION STUDY. 

5 (a) STUDY.—The Secretary shall conduct a nationwide 

6 disparity and availability study on the availability and use 

7 of small business concerns owned and controlled by socially 

8 and economically disadvantaged individuals and veteran9 owned small businesses in publicly funded intercity pas10 senger rail service projects. 

11 (b) REPORT.—Not later than 4 years after the date 

12 of enactment of this Act, the Secretary shall submit a report 

13 containing the results of the study conducted under sub14 section (a) to the Committee on Commerce, Science, and 

15 Transportation of the Senate and the Committee on Trans16 portation and Infrastructure of the House of Representa17 tives. 

18 (c) DEFINITIONS.—In this section: 

19 (1) SMALL BUSINESS CONCERN.—The term 

20 ‘‘small business concern’’ has the meaning given such 

21 term in section 3 of the Small Business Act (15 

22 U.S.C. 632), except that the term does not include 

23 any concern or group of concerns controlled by the 

24 same socially and economically disadvantaged indi25 vidual or individuals that have average annual gross 
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1 receipts during the preceding 3 fiscal years in excess 

2 of $22,410,000, as adjusted annually by the Secretary 

3 for inflation. 

4 (2) SOCIALLY AND ECONOMICALLY DISADVAN5 TAGED INDIVIDUAL.—The term ‘‘socially and eco6 nomically disadvantaged individual’’ has the mean7 ing given such term in section 8(d) of the Small Busi8 ness Act (15 U.S.C. 637(d)) and relevant subcon9 tracting regulations issued pursuant to such Act, ex10 cept that women shall be presumed to be socially and 

11 economically disadvantaged individuals for purposes 

12 of this section. 

13 (3) VETERAN-OWNED SMALL BUSINESS.—The 

14 term ‘‘veteran-owned small business’’ has the meaning 

15 given the term ‘‘small business concern owned and 

16 controlled by veterans’’ in section 3(q)(3) of the Small 

17 Business Act (15 U.S.C. 632(q)(3)), except that the 

18 term does not include any concern or group of con19 cerns controlled by the same veterans that have aver20 age annual gross receipts during the preceding 3 fis21 cal years in excess of $22,410,000, as adjusted annu22 ally by the Secretary for inflation. 

23 SEC. 35305. GULF COAST RAIL SERVICE WORKING GROUP. 

24 (a) IN GENERAL.—Not later than 90 days after the 

25 date of enactment of this Act, the Secretary shall convene 
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1 a working group to evaluate the restoration of intercity rail 

2 passenger service in the Gulf Coast region between New Or3 leans, Louisiana, and Orlando, Florida. 

4 (b) MEMBERSHIP.—The working group convened pur5 suant to subsection (a) shall consist of representatives of— 

6 (1) the Federal Railroad Administration, which 

7 shall serve as chair of the working group; 

8 (2) Amtrak; 

9 (3) the States along the proposed route or routes; 

10 (4) regional transportation planning organiza11 tions and metropolitan planning organizations, mu12 nicipalities, and communities along the proposed 

13 route or routes, which shall be selected by the Admin14 istrator; 

15 (5) the Southern Rail Commission; 

16 (6) freight railroad carriers whose tracks may be 

17 used for such service; and 

18 (7) other entities determined appropriate by the 

19 Secretary, which may include independent passenger 

20 rail operators that express an interest in Gulf Coast 

21 service. 

22 (c) RESPONSIBILITIES.—The working group shall— 

23 (1) evaluate all options for restoring intercity 

24 rail passenger service in the Gulf Coast region, in25 cluding options outlined in the report transmitted to 
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1 Congress pursuant to section 226 of the Passenger 

2 Rail Investment and Improvement Act of 2008 (divi3 sion B of Public Law 110–432); 

4 (2) select a preferred option for restoring such 

5 service; 

6 (3) develop a prioritized inventory of capital 

7 projects and other actions required to restore such 

8 service and cost estimates for such projects or actions; 

9 and 

10 (4) identify Federal and non-Federal funding 

11 sources required to restore such service, including op12 tions for entering into public-private partnerships to 

13 restore such service. 

14 (d) REPORT.—Not later than 9 months after the date 

15 of enactment of this Act, the working group shall submit 

16 a report to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on Trans18 portation and Infrastructure of the House of Representa19 tives that includes— 

20 (1) the preferred option selected under subsection 

21 (c)(2) and the reasons for selecting such option; 

22 (2) the information described in subsection 

23 (c)(3); 

24 (3) the funding sources identified under sub25 section (c)(4); 
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1 (4) the costs and benefits of restoring intercity 

2 rail passenger transportation in the region; and 

3 (5) any other information the working group de4 termines appropriate. 

5 SEC. 35306. INTEGRATED PASSENGER RAIL WORKING 

6 GROUP. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Secretary shall convene 

9 a working group to review issues relating to— 

10 (1) the potential operation of State-supported 

11 routes by rail passenger carriers other than Amtrak; 

12 and 

13 (2) their role in establishing an integrated inter14 city passenger rail network in the United States. 

15 (b) MEMBERSHIP.—The working group shall consist of 

16 a balanced representation of— 

17 (1) the Federal Railroad Administration, who 

18 shall chair the Working Group; 

19 (2) States that fund State-sponsored routes; 

20 (3) independent passenger rail operators, includ21 ing those that carry at least 5,000,000 passengers an22 nually in United States or international rail service; 

23 (4) Amtrak; 

24 (5) railroads that host intercity State-supported 

25 routes; 
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1 (6) employee representatives from railroad 

2 unions and building trade unions with substantial 

3 engagement in railroad rights of way construction 

4 and maintenance; and 

5 (7) other entities determined appropriate by the 

6 Secretary. 

7 (c) RESPONSIBILITIES.—The working group shall 

8 evaluate options for improving State-supported routes and 

9 may make recommendations, as appropriate, regarding— 

10 (1) best practices for State or State authority 

11 governance of State-supported routes; 

12 (2) future sources of Federal and non-Federal 

13 funding sources for State-supported routes; 

14 (3) best practices in obtaining passenger rail op15 erations and services on a competitive basis with the 

16 objective of creating the highest quality service at the 

17 lowest cost to the taxpayer; 

18 (4) ensuring potential interoperability of State19 supported routes as a part of a national network with 

20 multiple providers providing integrated services in21 cluding ticketing, scheduling, and route planning; 

22 and 

23 (5) the interface between State-supported routes 

24 and connecting commuter rail operations, including 
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1 maximized intra-modal and intermodal connections 

2 and common sources of funding for capital projects. 

3 (d) MEETINGS.—Not later than 60 days after the es4 tablishment of the working group by the Secretary under 

5 subsection (a), the working group shall convene an organi6 zational meeting outside of the District of Columbia and 

7 shall define the rules and procedures governing the pro8 ceedings of the working group. The working group shall hold 

9 at least 3 meetings per year in States that fund State-sup10 ported routes. 

11 (e) REPORTS.— 

12 (1) PRELIMINARY REPORT.—Not later than 1 

13 year after the date the working group is established, 

14 the working group shall submit a preliminary report 

15 to the Secretary, the Governors of States funding 

16 State-supported routes, the Committee on Commerce, 

17 Science, and Transportation of the Senate, and the 

18 Committee on Transportation and Infrastructure of 

19 the House of Representatives that includes— 

20 (A) administrative recommendations that 

21 can be implemented by a State and State au22 thority or by the Secretary; and 

23 (B) preliminary legislative recommenda24 tions. 
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1 (2) FINAL LEGISLATIVE RECOMMENDATIONS.— 

2 Not later than 2 years after the date the working 

3 group is established, the working group shall submit 

4 a report to the Committee on Commerce, Science, and 

5 Transportation of the Senate and the Committee on 

6 Transportation and Infrastructure of the House of 

7 Representatives that includes final legislative rec8 ommendations. 

9 SEC. 35307. SHARED-USE STUDY. 

10 (a) IN GENERAL.—Not later than 3 years after the 

11 date of enactment of this Act, the Secretary, in consultation 

12 with Amtrak, commuter rail authorities, and other pas13 senger rail operators, railroad carriers that own rail infra14 structure over which both passenger and freight trains oper15 ate, States, the Surface Transportation Board, the North16 east Corridor Commission established under section 24905, 

17 the State-Supported Route Committee established under sec18 tion 24712, and groups representing rail passengers and 

19 customers, as appropriate, shall complete a study that eval20 uates— 

21 (1) the shared use of right-of-way by passenger 

22 and freight rail systems; and 

23 (2) the operational, institutional, and legal 

24 structures that would best support improvements to 

25 the systems referred to in paragraph (1). 
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1 (b) AREAS OF STUDY.—In conducting the study under 

2 subsection (a), the Secretary shall evaluate— 

3 (1) the access and use of railroad right-of-way by 

4 a rail carrier that does not own the right-of-way, such 

5 as passenger rail services that operate over privately6 owned right-of-way, including an analysis of— 

7 (A) access agreements; 

8 (B) costs of access; and 

9 (C) the resolution of disputes relating to 

10 such access or costs; 

11 (2) the effectiveness of existing contractual, statu12 tory, and regulatory mechanisms for establishing, 

13 measuring, and enforcing train performance stand14 ards, including— 

15 (A) the manner in which passenger train 

16 delays are recorded; 

17 (B) the assignment of responsibility for such 

18 delays; and 

19 (C) the use of incentives and penalties for 

20 performance; 

21 (3) strengths and weaknesses in the existing 

22 mechanisms described in paragraph (2) and possible 

23 approaches to address the weaknesses; 

24 (4) mechanisms for measuring and maintaining 

25 public benefits resulting from publicly funded freight 
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1 or passenger rail improvements, including improve2 ments directed towards shared-use right-of-way by 

3 passenger and freight rail; 

4 (5) approaches to operations, capacity, and cost 

5 estimation modeling that— 

6 (A) allows for transparent decisionmaking; 

7 and 

8 (B) protects the proprietary interests of all 

9 parties; 

10 (6) liability requirements and arrangements, in11 cluding— 

12 (A) whether to expand statutory liability 

13 limits to additional parties; 

14 (B) whether to revise the current statutory 

15 liability limits; 

16 (C) whether current insurance levels of pas17 senger rail operators are adequate and whether 

18 to establish minimum insurance requirements for 

19 such passenger rail operators; and 

20 (D) whether to establish a liability regime 

21 modeled after section 170 of the Atomic Energy 

22 Act of 1954 (42 U.S.C. 2210); 

23 (7) the effect on rail passenger services, oper24 ations, liability limits and insurance levels of the as25 sertion of sovereign immunity by a State; and 
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1 (8) other issues identified by the Secretary. 

2 (c) REPORT.—Not later than 60 days after the study 

3 under subsection (a) is complete, the Secretary shall submit 

4 to the Committee on Commerce, Science, and Transpor5 tation of the Senate and the Committee on Transportation 

6 and Infrastructure of the House of Representatives a report 

7 that includes— 

8 (1) the results of the study; and 

9 (2) any recommendations for further action, in10 cluding any legislative proposals consistent with such 

11 recommendations. 

12 (d) IMPLEMENTATION.—The Secretary shall integrate 

13 the recommendations submitted under subsection (c) into 

14 its financial assistance programs under subtitle V of title 

15 49, United States Code, and section 502 of the Railroad 

16 Revitalization and Regulatory Reform Act of 1976 (45 

17 U.S.C. 822), as appropriate. 

18 SEC. 35308. NORTHEAST CORRIDOR COMMISSION. 

19 (a) COMPOSITION.—Section 24905(a) is amended— 

20 (1) in paragraph (1)— 

21 (A) in the matter preceding subparagraph 

22 (A), by inserting ‘‘, infrastructure investments,’’ 

23 after ‘‘rail operations’’; 

24 (B) by amending subparagraph (B) to read 

25 as follows: 
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1 ‘‘(B) members representing the Department of 

2 Transportation, including the Office of the Secretary, 

3 the Federal Railroad Administration, and the Federal 

4 Transit Administration;’’; and 

5 (C) in subparagraph (D) by inserting ‘‘and 

6 commuter’’ after ‘‘freight’’; and 

7 (2) by amending paragraph (6) to read as fol8 lows: 

9 ‘‘(6) The members of the Commission shall elect 

10 co-chairs consisting of 1 member described in para11 graph (1)(B) and 1 member described in paragraph 

12 (1)(C).’’. 

13 (b) STATEMENT OF GOALS AND RECOMMENDATIONS.— 

14 Section 24905(b) is amended— 

15 (1) in paragraph (1), by inserting ‘‘and periodi16 cally update’’ after ‘‘develop’’; 

17 (2) in paragraph (2)(A), by striking ‘‘beyond 

18 those specified in the state of good repair plan under 

19 section 211 of the Passenger Rail Investment and Im20 provement Act of 2008’’; and 

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

22 ‘‘(3) SUBMISSION OF STATEMENT OF GOALS, 

23 RECOMMENDATIONS, AND PERFORMANCE REPORTS.— 

24 The Commission shall submit to the Committee on 

25 Commerce, Science, and Transportation of the Senate 
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† HR 22 EAS 

1 and the Committee on Transportation and Infrastruc2 ture of the House of Representatives— 

3 ‘‘(A) any updates made to the statement of 

4 goals developed under paragraph (1) not later 

5 than 60 days after such updates are made; and 

6 ‘‘(B) annual performance reports and rec7 ommendations for improvements, as appropriate, 

8 issued not later than March 31 of each year, for 

9 the prior fiscal year, which summarize— 

10 ‘‘(i) the operations and performance of 

11 commuter, intercity, and freight rail trans12 portation along the Northeast Corridor; and 

13 ‘‘(ii) the delivery of the capital plan 

14 described in section 24904.’’. 

15 (c) COST ALLOCATION POLICY.—Section 24905(c) is 

16 amended— 

17 (1) in the subsection heading, by striking ‘‘AC18 CESS COSTS’’ and inserting ‘‘ALLOCATION OF COSTS’’; 

19 (2) in paragraph (1)— 

20 (A) in the paragraph heading, by striking 

21 ‘‘FORMULA’’ and inserting ‘‘POLICY’’; 

22 (B) in the matter preceding subparagraph 

23 (A), by striking ‘‘Within 2 years after the date 

24 of enactment of the Passenger Rail Investment 
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† HR 22 EAS 

1 and Improvement Act of 2008, the Commission’’ 

2 and inserting ‘‘The Commission’’; 

3 (C) in subparagraph (A), by striking ‘‘for4 mula’’ and inserting ‘‘policy’’; and 

5 (D) by striking subparagraph (B) through 

6 (D) and inserting the following: 

7 ‘‘(B) develop a proposed timetable for im8 plementing the policy; 

9 ‘‘(C) submit the policy and timetable devel10 oped under subparagraph (B) to the Surface 

11 Transportation Board, the Committee on Com12 merce, Science, and Transportation of the Sen13 ate, and the Committee on Transportation and 

14 Infrastructure of the House of Representatives; 

15 ‘‘(D) not later than October 1, 2015, adopt 

16 and implement the policy in accordance with the 

17 timetable; and 

18 ‘‘(E) with the consent of a majority of its 

19 members, the Commission may petition the Sur20 face Transportation Board to appoint a medi21 ator to assist the Commission members through 

22 nonbinding mediation to reach an agreement 

23 under this section.’’; 

24 (3) in paragraph (2)— 
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1 (A) by striking ‘‘formula proposed in’’ and 

2 inserting ‘‘policy developed under’’; and 

3 (B) in the second sentence— 

4 (i) by striking ‘‘the timetable, the Com5 mission shall petition the Surface Transpor6 tation Board to’’ and inserting ‘‘paragraph 

7 (1)(D) or fail to comply with the policy 

8 thereafter, the Surface Transportation 

9 Board shall’’; and 

10 (ii) by striking ‘‘amounts for such serv11 ices in accordance with section 24904(c) of 

12 this title’’ and inserting ‘‘for such usage in 

13 accordance with the procedures and proce14 dural schedule applicable to a proceeding 

15 under section 24903(c), after taking into 

16 consideration the policy developed under 

17 paragraph (1)(A), as applicable’’; 

18 (4) in paragraph (3), by striking ‘‘formula’’ and 

19 inserting ‘‘policy’’; and 

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

21 ‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If a 

22 dispute arises with the implementation of, or compli23 ance with, the policy developed under paragraph (1), 

24 the Commission, Amtrak, or public authorities pro25 viding commuter rail passenger transportation on the 
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1 Northeast Corridor may request that the Surface 

2 Transportation Board conduct dispute resolution. The 

3 Surface Transportation Board shall establish proce4 dures for resolution of disputes brought before it 

5 under this paragraph, which may include the provi6 sion of professional mediation services.’’. 

7 (d) CONFORMING AMENDMENTS.—Section 24905 is 

8 amended— 

9 (1) by striking subsection (d); 

10 (2) by redesignating subsections (e) and (f) as 

11 subsections (d) and (e), respectively; 

12 (3) in subsection (d), as redesignated, by striking 

13 ‘‘to the Commission such sums as may be necessary 

14 for the period encompassing fiscal years 2009 through 

15 2013 to carry out this section’’ and inserting ‘‘to the 

16 Secretary for the use of the Commission and the 

17 Northeast Corridor Safety Committee such sums as 

18 may be necessary to carry out this section during fis19 cal year 2016 through 2019, in addition to amounts 

20 withheld under section 35101(e) of the Railroad Re21 form, Enhancement, and Efficiency Act’’; and 

22 (4) in subsection (e)(2), as redesignated, by strik23 ing ‘‘on the main line.’’ and inserting ‘‘on the main 

24 line and meet annually with the Commission on the 

25 topic of Northeast Corridor safety and security.’’. 
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1 (e) NORTHEAST CORRIDOR PLANNING.— 

2 (1) AMENDMENT.—Chapter 249 is amended— 

3 (A) by redesignating section 24904 as sec4 tion 24903; and 

5 (B) by inserting after section 24903, as re6 designated, the following: 

7 ‘‘§ 24904. Northeast Corridor planning 

8 ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT

9 PLAN.— 

10 ‘‘(1) REQUIREMENT.—Not later than May 1 of 

11 each year, the Northeast Corridor Commission estab12 lished under section 24905 (referred to in this section 

13 as the ‘Commission’) shall— 

14 ‘‘(A) develop a capital investment plan for 

15 the Northeast Corridor main line between Bos16 ton, Massachusetts, and the Virginia Avenue 

17 interlocking in the District of Columbia, and the 

18 Northeast Corridor branch lines connecting to 

19 Harrisburg, Pennsylvania, Springfield, Massa20 chusetts, and Spuyten Duyvil, New York, includ21 ing the facilities and services used to operate and 

22 maintain those lines; and 

23 ‘‘(B) submit the capital investment plan to 

24 the Secretary of Transportation and the Com25 mittee on Commerce, Science, and Transpor-
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1 tation of the Senate and the Committee on 

2 Transportation and Infrastructure of the House 

3 of Representatives. 

4 ‘‘(2) CONTENTS.—The capital investment plan 

5 shall— 

6 ‘‘(A) reflect coordination and network opti7 mization across the entire Northeast Corridor; 

8 ‘‘(B) integrate the individual capital and 

9 service plans developed by each operator using 

10 the methods described in the cost allocation pol11 icy developed under section 24905(c); 

12 ‘‘(C) cover a period of 5 fiscal years, begin13 ning with the first fiscal year after the date on 

14 which the plan is completed; 

15 ‘‘(D) notwithstanding section 24902(b), 

16 identify, prioritize, and phase the implementa17 tion of projects and programs to achieve the serv18 ice outcomes identified in the Northeast Corridor 

19 service development plan and the asset condition 

20 needs identified in the Northeast Corridor asset 

21 management plans, once available, and con22 sider— 

23 ‘‘(i) the benefits and costs of capital in24 vestments in the plan; 

25 ‘‘(ii) project and program readiness; 
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1 ‘‘(iii) the operational impacts; and 

2 ‘‘(iv) funding availability; 

3 ‘‘(E) categorize capital projects and pro4 grams as primarily associated with; 

5 ‘‘(i) normalized capital replacement 

6 and basic infrastructure renewals; 

7 ‘‘(ii) replacement or rehabilitation of 

8 major Northeast Corridor infrastructure as9 sets, including tunnels, bridges, stations, 

10 and other assets; 

11 ‘‘(iii) statutory, regulatory, or other 

12 legal mandates; 

13 ‘‘(iv) improvements to support service 

14 enhancements or growth; or 

15 ‘‘(v) strategic initiatives that will im16 prove overall operational performance or 

17 lower costs; 

18 ‘‘(F) identify capital projects and programs 

19 that are associated with more than 1 category 

20 described in subparagraph (E); 

21 ‘‘(G) describe the anticipated outcomes of 

22 each project or program, including an assess23 ment of— 
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1 ‘‘(i) the potential effect on passenger 

2 accessibility, operations, safety, reliability, 

3 and resiliency; 

4 ‘‘(ii) the ability of infrastructure own5 ers and operators to meet regulatory re6 quirements if the project or program is not 

7 funded; and 

8 ‘‘(iii) the benefits and costs; and 

9 ‘‘(H) include a financial plan. 

10 ‘‘(3) FINANCIAL PLAN.—The financial plan 

11 under paragraph (2)(H) shall— 

12 ‘‘(A) identify funding sources and financing 

13 methods; 

14 ‘‘(B) identify the expected allocated shares 

15 of costs pursuant to the cost allocation policy de16 veloped under section 24905(c); 

17 ‘‘(C) identify the projects and programs 

18 that the Commission expects will receive Federal 

19 financial assistance; and 

20 ‘‘(D) identify the eligible entity or entities 

21 that the Commission expects will receive the Fed22 eral financial assistance described under sub23 paragraph (C). 

24 ‘‘(b) FAILURE TO DEVELOP A CAPITAL INVESTMENT

25 PLAN.—If a capital investment plan has not been developed 
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1 by the Commission for a given fiscal year, then the funds 

2 assigned to the account established under section 24319(b) 

3 for that fiscal year may be spent only on— 

4 ‘‘(1) capital projects described in clause (i) or 

5 (iii) of subsection (a)(2)(E) of this section; or 

6 ‘‘(2) capital projects described in subsection 

7 (a)(2)(E)(iv) of this section that are for the sole ben8 efit of Amtrak. 

9 ‘‘(c) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 

10 ‘‘(1) CONTENTS.—With regard to its infrastruc11 ture, Amtrak and each State and public transpor12 tation entity that owns infrastructure that supports 

13 or provides for intercity rail passenger transportation 

14 on the Northeast Corridor shall develop an asset man15 agement system and develop and update, as nec16 essary, a Northeast Corridor asset management plan 

17 for each service territory described in subsection (a) 

18 that— 

19 ‘‘(A) are consistent with the Federal Transit 

20 Administration process, as authorized under sec21 tion 5326, when implemented; and 

22 ‘‘(B) include, at a minimum— 

23 ‘‘(i) an inventory of all capital assets 

24 owned by the developer of the asset manage25 ment plan; 
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1 ‘‘(ii) an assessment of asset condition; 

2 ‘‘(iii) a description of the resources 

3 and processes necessary to bring or main4 tain those assets in a state of good repair, 

5 including decision-support tools and invest6 ment prioritization methods; and 

7 ‘‘(iv) a description of changes in asset 

8 condition since the previous version of the 

9 plan. 

10 ‘‘(2) TRANSMITTAL.—Each entity described in 

11 paragraph (1) shall transmit to the Commission— 

12 ‘‘(A) not later than 2 years after the date 

13 of enactment of the Railroad Reform, Enhance14 ment, and Efficiency Act, its Northeast Corridor 

15 asset management plan developed under para16 graph (1); and 

17 ‘‘(B) at least biennial thereafter, an update 

18 to its Northeast Corridor asset management 

19 plan. 

20 ‘‘(d) NORTHEAST CORRIDOR SERVICE DEVELOPMENT

21 PLAN UPDATES.—Not less frequently than once every 10 

22 years, the Commission shall update the Northeast Corridor 

23 service development plan.’’. 

24 (2) CONFORMING AMENDMENTS.— 
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1 (A) NOTE AND MORTGAGE.—Section 

2 24907(a) is amended by striking ‘‘section 24904 

3 of this title’’ and inserting ‘‘section 24903’’. 

4 (B) TABLE OF CONTENTS AMENDMENT.— 

5 The table of contents for chapter 249 is amend6 ed— 

7 (i) by redesignating the item relating 

8 to section 24904 as relating to section 

9 24903; and 

10 (ii) by inserting after the item relating 

11 to section 24903, as redesignated, the fol12 lowing: 

‘‘24904. Northeast Corridor planning.’’. 

13 (3) REPEAL.—Section 211 of the Passenger Rail 

14 Investment and Improvement Act of 2008 (division B 

15 of Public Law 110–432; 49 U.S.C. 24902 note) is re16 pealed. 

17 SEC. 35309. NORTHEAST CORRIDOR THROUGH-TICKETING 

18 AND PROCUREMENT EFFICIENCIES. 

19 (a) THROUGH-TICKETING STUDY.— 

20 (1) IN GENERAL.—Not later than 3 years after 

21 the date of enactment of this Act, the Northeast Cor22 ridor Commission established under section 24905(a) 

23 of title 49, United States Code (referred to in this sec24 tion as the ‘‘Commission’’), in consultation with Am25 trak and the commuter rail passenger transportation 
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1 providers along the Northeast Corridor shall complete 

2 a study on the feasibility of and options for permit3 ting through-ticketing between Amtrak service and 

4 commuter rail services on the Northeast Corridor. 

5 (2) CONTENTS.—In completing the study under 

6 paragraph (1), the Northeast Corridor Commission 

7 shall— 

8 (A) examine the current state of intercity 

9 and commuter rail ticketing technologies, poli10 cies, and other relevant aspects on the Northeast 

11 Corridor; 

12 (B) consider and recommend technology, 

13 process, policy, or other options that would per14 mit through-ticketing to allow intercity and com15 muter rail passengers to purchase, in a single 

16 transaction, travel that utilizes Amtrak and con17 necting commuter rail services; 

18 (C) consider options to expand through19 ticketing to include local transit services; 

20 (D) summarize costs, benefits, opportunities, 

21 and impediments to developing such through22 ticketing options; and 

23 (E) develop a proposed methodology, includ24 ing cost and schedule estimates, for carrying out 
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1 a pilot program on through-ticketing on the 

2 Northeast Corridor. 

3 (3) REPORT.—Not later than 60 days after the 

4 date the study under paragraph (1) is complete, the 

5 Commission shall submit to the Committee on Com6 merce, Science, and Transportation of the Senate and 

7 the Committee on Transportation and Infrastructure 

8 of the House of Representatives a report that in9 cludes— 

10 (A) the results of the study; and 

11 (B) any recommendations for further ac12 tion. 

13 (b) JOINT PROCUREMENT STUDY.— 

14 (1) IN GENERAL.—Not later than 3 years after 

15 the date of enactment of this Act, the Secretary, in co16 operation with the Commission, Amtrak, and com17 muter rail transportation authorities on the Northeast 

18 Corridor shall complete a study of the potential bene19 fits resulting from Amtrak and such authorities un20 dertaking select joint procurements for common mate21 rials, assets, and equipment when expending Federal 

22 funds for such purchases. 

23 (2) CONTENTS.—In completing the study under 

24 paragraph (1), the Secretary shall consider— 
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1 (A) the types of materials, assets, and 

2 equipment that are regularly purchased by Am3 trak and such authorities that are similar and 

4 could be jointly procured; 

5 (B) the potential benefits of such joint pro6 curements, including lower procurement costs, 

7 better pricing, greater market relevancy, and 

8 other efficiencies; 

9 (C) the potential costs of such joint procure10 ments; 

11 (D) any significant impediments to under12 taking joint procurements, including any nec13 essary harmonization and reconciliation of Fed14 eral and State procurement or safety regulations 

15 or standards and other requirements; and 

16 (E) whether to create Federal incentives or 

17 requirements relating to considering or carrying 

18 out joint procurements when expending Federal 

19 funds. 

20 (3) TRANSMISSION.—Not later than 60 days 

21 after completing the study required under this sub22 section, the Secretary shall submit to the Committee 

23 on Commerce, Science, and Transportation of the 

24 Senate and the Committee on Transportation and In-
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1 frastructure of the House of Representatives a report 

2 that includes— 

3 (A) the results of the study; and 

4 (B) any recommendations for further ac5 tion. 

6 (c) NORTHEAST CORRIDOR.—In this section, the term 

7 ‘‘Northeast Corridor’’ means the Northeast Corridor main 

8 line between Boston, Massachusetts, and the Virginia Ave9 nue interlocking in the District of Columbia, and the North10 east Corridor branch lines connecting to Harrisburg, Penn11 sylvania, Springfield, Massachusetts, and Spuyten Duyvil, 

12 New York, including the facilities and services used to oper13 ate and maintain those lines. 

14 SEC. 35310. DATA AND ANALYSIS. 

15 (a) DATA.—Not later than 3 years after the date of 

16 enactment of this Act, the Secretary, in consultation with 

17 the Surface Transportation Board, Amtrak, freight rail18 roads, State and local governments, and regional business, 

19 tourism and economic development agencies shall conduct 

20 a data needs assessment— 

21 (1) to support the development of an efficient 

22 and effective intercity passenger rail network; 

23 (2) to identify the data needed to conduct cost24 effective modeling and analysis for intercity passenger 

25 rail development programs; 
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1 (3) to determine limitations to the data used for 

2 inputs; 

3 (4) to develop a strategy to address such limita4 tions; 

5 (5) to identify barriers to accessing existing 

6 data; 

7 (6) to develop recommendations regarding wheth8 er the authorization of additional data collection for 

9 intercity passenger rail travel is warranted; and 

10 (7) to determine which entities will be respon11 sible for generating or collecting needed data. 

12 (b) BENEFIT-COST ANALYSIS.—Not later than 180 

13 days after the date of enactment of this Act, the Secretary 

14 shall enhance the usefulness of assessments of benefits and 

15 costs, for intercity passenger rail and freight rail projects— 

16 (1) by providing ongoing guidance and training 

17 on developing benefit and cost information for rail 

18 projects; 

19 (2) by providing more direct and consistent re20 quirements for assessing benefits and costs across 

21 transportation funding programs, including the ap22 propriate use of discount rates; 

23 (3) by requiring applicants to clearly commu24 nicate the methodology used to calculate the project 
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1 benefits and costs, including non-proprietary infor2 mation on— 

3 (A) assumptions underlying calculations; 

4 (B) strengths and limitations of data used; 

5 and 

6 (C) the level of uncertainty in estimates of 

7 project benefits and costs; and 

8 (4) by ensuring that applicants receive clear and 

9 consistent guidance on values to apply for key as10 sumptions used to estimate potential project benefits 

11 and costs. 

12 (c) CONFIDENTIAL DATA.—The Secretary shall protect 

13 sensitive or confidential to the greatest extent permitted by 

14 law. Nothing in this section shall require any entity to pro15 vide information to the Secretary in the absence of a vol16 untary agreement. 

17 SEC. 35311. PERFORMANCE-BASED PROPOSALS. 

18 (a) SOLICITATION OF PROPOSALS.— 

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

20 the date of enactment of this Act, the Secretary shall 

21 issue a request for proposals for projects for the fi22 nancing, design, construction, operation, and mainte23 nance of an intercity passenger rail system, includ24 ing— 

25 (A) the Northeast Corridor; 
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1 (B) the California Corridor; 

2 (C) the Empire Corridor; 

3 (D) the Pacific Northwest Corridor; 

4 (E) the South Central Corridor; 

5 (F) the Gulf Coast Corridor; 

6 (G) the Chicago Hub Network; 

7 (H) the Florida Corridor; 

8 (I) the Keystone Corridor; 

9 (J) the Northern New England Corridor; 

10 and 

11 (K) the Southeast Corridor. 

12 (2) SUBMISSION.—Proposals shall be submitted 

13 to the Secretary not later than 180 days after the 

14 publication of such request for proposals under para15 graph (1). 

16 (3) PERFORMANCE STANDARD.—Proposals sub17 mitted under paragraph (2) shall meet any standards 

18 established by the Secretary. For corridors with exist19 ing intercity passenger rail service, proposals shall 

20 also be designed to achieve a reduction of existing 

21 minimum intercity rail service trip times between the 

22 main corridor city pairs by a minimum of 25 per23 cent. In the case of a proposal submitted with respect 

24 to paragraph (1)(A), the proposal shall be designed to 

25 achieve a 2-hour or less express service between Wash-
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1 ington, District of Columbia, and New York City, 

2 New York. 

3 (4) CONTENTS.—A proposal submitted under 

4 this subsection shall include— 

5 (A) the names and qualifications of the per6 sons submitting the proposal and the entities 

7 proposed to finance, design, construct, operate, 

8 and maintain the railroad, railroad equipment, 

9 and related facilities, stations, and infrastruc10 ture; 

11 (B) a detailed description of the proposed 

12 rail service, including possible routes, required 

13 infrastructure investments and improvements, 

14 equipment needs and type, train frequencies, 

15 peak and average operating speeds, and trip 

16 times; 

17 (C) a description of how the project would 

18 comply with all applicable Federal rail safety 

19 and security laws, orders, and regulations; 

20 (D) the locations of proposed stations, which 

21 maximize the usage of existing infrastructure to 

22 the extent possible, and the populations such sta23 tions are intended to serve; 
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1 (E) the type of equipment to be used, in2 cluding any technologies, to achieve trip time 

3 goals; 

4 (F) a description of any proposed legisla5 tion needed to facilitate all aspects of the project; 

6 (G) a financing plan identifying— 

7 (i) projected revenue, and sources 

8 thereof; 

9 (ii) the amount of any requested public 

10 contribution toward the project, and pro11 posed sources; 

12 (iii) projected annual ridership projec13 tions for the first 10 years of operations; 

14 (iv) annual operations and capital 

15 costs; 

16 (v) the projected levels of capital in17 vestments required both initially and in 

18 subsequent years to maintain a state-of19 good-repair necessary to provide the ini20 tially proposed level of service or higher lev21 els of service; 

22 (vi) projected levels of private invest23 ment and sources thereof, including the 

24 identity of any person or entity that has 

25 made or is expected to make a commitment 
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1 to provide or secure funding and the 

2 amount of such commitment; and 

3 (vii) projected funding for the full fair 

4 market compensation for any asset, prop5 erty right or interest, or service acquired 

6 from, owned, or held by a private person or 

7 Federal entity that would be acquired, im8 paired, or diminished in value as a result 

9 of a project, except as otherwise agreed to by 

10 the private person or entity; 

11 (H) a description of how the project would 

12 contribute to the development of the intercity 

13 passenger rail system and an intermodal plan 

14 describing how the system will facilitate conven15 ient travel connections with other transportation 

16 services; 

17 (I) a description of how the project will en18 sure compliance with Federal laws governing the 

19 rights and status of employees associated with 

20 the route and service, including those specified in 

21 section 24405 of title 49, United States Code; 

22 (J) a description of how the design, con23 struction, implementation, and operation of the 

24 project will accommodate and allow for future 
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1 growth of existing and projected intercity, com2 muter, and freight rail service; 

3 (K) a description of how the project would 

4 comply with Federal and State environmental 

5 laws and regulations, of what environmental im6 pacts would result from the project, and of how 

7 any adverse impacts would be mitigated; and 

8 (L) a description of the project’s impacts on 

9 highway and aviation congestion, energy con10 sumption, land use, and economic development 

11 in the service area. 

12 (b) DETERMINATION AND ESTABLISHMENT OF COM13 MISSIONS.—Not later than 90 days after receipt of the pro14 posals under subsection (a), the Secretary shall— 

15 (1) make a determination as to whether any such 

16 proposals— 

17 (A) contain the information required under 

18 paragraphs (3) and (4) of subsection (a); 

19 (B) are sufficiently credible to warrant fur20 ther consideration; 

21 (C) are likely to result in a positive impact 

22 on the Nation’s transportation system; and 

23 (D) are cost-effective and in the public in24 terest; 
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1 (2) establish a commission under subsection (c) 

2 for each corridor with 1 or more proposals that the 

3 Secretary determines satisfy the requirements of para4 graph (1); and 

5 (3) forward to each commission established 

6 under paragraph (2) the applicable proposals for re7 view and consideration. 

8 (c) COMMISSIONS.— 

9 (1) MEMBERS.—Each commission established 

10 under subsection (b)(2) shall include— 

11 (A) the governors of the affected States, or 

12 their respective designees; 

13 (B) mayors of appropriate municipalities 

14 with stops along the proposed corridor, or their 

15 respective designees; 

16 (C) a representative from each freight rail17 road carrier using the relevant corridor, if appli18 cable; 

19 (D) a representative from each transit au20 thority using the relevant corridor, if applicable; 

21 (E) representatives of nonprofit employee 

22 labor organizations representing affected railroad 

23 employees; and 

24 (F) the President of Amtrak or his or her 

25 designee. 
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1 (2) APPOINTMENT AND SELECTION.—The Sec2 retary shall appoint the members under paragraph 

3 (1). In selecting each commission’s members to fulfill 

4 the requirements under subparagraphs (B) and (E) of 

5 paragraph (1), the Secretary shall consult with the 

6 Chairperson and Ranking Member of the Committee 

7 on Commerce, Science, and Transportation of the 

8 Senate and of the Committee on Transportation and 

9 Infrastructure of the House of Representatives. 

10 (3) CHAIRPERSON AND VICE-CHAIRPERSON SE11 LECTION.—The Chairperson and Vice-Chairperson 

12 shall be elected from among members of each commis13 sion. 

14 (4) QUORUM AND VACANCY.— 

15 (A) QUORUM.—A majority of the members 

16 of each commission shall constitute a quorum. 

17 (B) VACANCY.—Any vacancy in each com18 mission shall not affect its powers and shall be 

19 filled in the same manner in which the original 

20 appointment was made. 

21 (5) APPLICATION OF LAW.—Except where other22 wise provided by this section, the Federal Advisory 

23 Committee Act (5 U.S.C. App.) shall apply to each 

24 commission created under this section. 

25 (d) COMMISSION CONSIDERATION.— 
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1 (1) IN GENERAL.—Each commission established 

2 under subsection (b)(2) shall be responsible for review3 ing the proposal or proposals forwarded to it under 

4 that subsection and not later than 90 days after the 

5 establishment of the commission, shall transmit to the 

6 Secretary a report, including— 

7 (A) a summary of each proposal received; 

8 (B) services to be provided under each pro9 posal, including projected ridership, revenues, 

10 and costs; 

11 (C) proposed public and private contribu12 tions for each proposal; 

13 (D) the advantages offered by the proposal 

14 over existing intercity passenger rail services; 

15 (E) public operating subsidies or assets 

16 needed for the proposed project; 

17 (F) possible risks to the public associated 

18 with the proposal, including risks associated 

19 with project financing, implementation, comple20 tion, safety, and security; 

21 (G) a ranked list of the proposals rec22 ommended for further consideration under sub23 section (e) in accordance with each proposal’s 

24 projected positive impact on the Nation’s trans25 portation system; 
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† HR 22 EAS 

1 (H) an identification of any proposed Fed2 eral legislation that would facilitate implementa3 tion of the projects and Federal legislation that 

4 would be required to implement the projects; and 

5 (I) any other recommendations by the com6 mission concerning the proposed projects. 

7 (2) VERBAL PRESENTATION.—Proposers shall be 

8 given an opportunity to make a verbal presentation 

9 to the commission to explain their proposals. 

10 (3) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to the Sec12 retary for the use of each commission established 

13 under subsection (b)(2) such sums as are necessary to 

14 carry out this section. 

15 (e) SELECTION BY SECRETARY.— 

16 (1) IN GENERAL.—Not later than 60 days after 

17 receiving the recommended proposals of the commis18 sions established under subsection (b)(2), the Sec19 retary shall— 

20 (A) review such proposals and select any 

21 proposal that provides substantial benefits to the 

22 public and the national transportation system, is 

23 cost-effective, offers significant advantages over 

24 existing services, and meets other relevant factors 

25 determined appropriate by the Secretary; and 
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1 (B) submit to the Committee on Commerce, 

2 Science, and Transportation of the Senate and 

3 the Committee on Transportation and Infra4 structure of the House of Representatives a re5 port containing any proposal with respect to 

6 subsection (a)(1)(A) that is selected by the Sec7 retary under subparagraph (A) of this para8 graph, all the information regarding the pro9 posal provided to the Secretary under subsection 

10 (d), and any other information the Secretary 

11 considers relevant. 

12 (2) SUBSEQUENT REPORT.—Following the sub13 mission of the report under paragraph (1)(B), the 

14 Secretary shall submit to the Committee on Com15 merce, Science, and Transportation of the Senate and 

16 the Committee on Transportation and Infrastructure 

17 of the House of Representatives a report containing 

18 any proposal with respect to subparagraphs (B) 

19 through (K) of subsection (a)(1) that are selected by 

20 the Secretary under paragraph (1) of this subsection, 

21 all the information regarding the proposal provided 

22 to the Secretary under subsection (d), and any other 

23 information the Secretary considers relevant. 

24 (3) LIMITATION ON REPORT SUBMISSION.—The 

25 report required under paragraph (2) shall not be sub-
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† HR 22 EAS 

1 mitted by the Secretary until the report submitted 

2 under paragraph (1)(B) has been considered through 

3 a hearing by the Committee on Commerce, Science, 

4 and Transportation of the Senate and the Committee 

5 on Transportation and Infrastructure of the House of 

6 Representatives on the report submitted under para7 graph (1)(B). 

8 (f) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.— 

9 No Federal agency may take any action to implement, es10 tablish, facilitate, or otherwise act upon any proposal sub11 mitted under this section, other than those actions specifi12 cally authorized by this section, without explicit statutory 

13 authority enacted after the date of enactment of this Act. 

14 (g) DEFINITIONS.—In this section: 

15 (1) INTERCITY PASSENGER RAIL.—The term 

16 ‘‘intercity passenger rail’’ means intercity rail pas17 senger transportation as defined in section 24102 of 

18 title 49, United States Code. 

19 (2) STATE.—The term ‘‘State’’ means any of the 

20 50 States or the District of Columbia. 

21 SEC. 35312. AMTRAK INSPECTOR GENERAL. 

22 (a) AUTHORITY.— 

23 (1) IN GENERAL.—The Inspector General of Am24 trak shall have the authority available to other In25 spectors General, as necessary in carrying out the du-
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1 ties specified in the Inspector General Act of 1978 (5 

2 U.S.C. App.), to investigate any alleged violation of 

3 sections 286, 287, 371, 641, 1001, 1002 and 1516 of 

4 title 18, United States Code. 

5 (2) AGENCY.—For purposes of sections 286, 287, 

6 371, 641, 1001, 1002, and 1516 of title 18, United 

7 States Code, Amtrak and the Amtrak Office of Inspec8 tor General, shall be considered a corporation in 

9 which the United States has a proprietary interest as 

10 set forth in section 6 of that title. 

11 (b) ASSESSMENT.—The Inspector General of Amtrak 

12 shall— 

13 (1) not later than 60 days after the date of en14 actment of this Act, initiate an assessment to deter15 mine whether current expenditures or procurements 

16 involving Amtrak’s fulfillment of the Americans with 

17 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) uti18 lize competitive, market-driven provisions that are 

19 applicable throughout the entire term of such related 

20 expenditures or procurements; and 

21 (2) not later than 6 months after the date of en22 actment of this Act, transmit to the Committee on 

23 Commerce, Science, and Transportation of the Senate 

24 and the Committee on Transportation and Infrastruc-
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1 ture of the House of Representatives the assessment 

2 under paragraph (1). 

3 (c) LIMITATION.—The authority provided by sub4 sections (a) and (b) shall be effective only with respect to 

5 a fiscal year for which Amtrak receives a Federal subsidy. 

6 SEC. 35313. MISCELLANEOUS PROVISIONS. 

7 (a) TITLE 49 AMENDMENTS.— 

8 (1) CONTINGENT INTEREST RECOVERIES.—Sec9 tion 22106(b) is amended by striking ‘‘interest there10 of’’ and inserting ‘‘interest thereon’’. 

11 (2) AUTHORITY.—Section 22702(b)(4) is amend12 ed by striking ‘‘5 years for reapproval by the Sec13 retary’’ and inserting ‘‘4 years for acceptance by the 

14 Secretary’’. 

15 (3) CONTENTS OF STATE RAIL PLANS.—Section 

16 22705(a) is amended by striking paragraph (12). 

17 (4) MISSION.—Section 24101(b) is amended by 

18 striking ‘‘of subsection (d)’’ and inserting ‘‘set forth 

19 in subsection (c)’’. 

20 (5) TABLE OF CONTENTS AMENDMENT.—The 

21 table of contents for chapter 243 is amended by strik22 ing the item relating to section 24316 and inserting 

23 the following: 

‘‘24316. Plans to address the needs of families of passengers involved in rail passenger accidents.’’. 
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1 (6) UPDATE.—Section 24305(f)(3) is amended 

2 by striking ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’. 

3 (7) AMTRAK.—Chapter 247 is amended— 

4 (A) in section 24702(a), by striking ‘‘not 

5 included in the national rail passenger transpor6 tation system’’; 

7 (B) in section 24706— 

8 (i) in subsection (a)— 

9 (I) in paragraph (1), by striking 

10 ‘‘a discontinuance under section 24704 

11 or or’’; and 

12 (II) in paragraph (2), by striking 

13 ‘‘section 24704 or’’; and 

14 (ii) in subsection (b), by striking ‘‘sec15 tion 24704 or’’; and 

16 (C) in section 24709, by striking ‘‘The Sec17 retary of the Treasury and the Attorney Gen18 eral,’’ and inserting ‘‘The Secretary of Homeland 

19 Security,’’. 

20 (b) PASSENGER RAIL INVESTMENT AND IMPROVEMENT

21 ACT AMENDMENTS.—Section 305(a) of the Passenger Rail 

22 Investment and Improvement Act of 2008 (49 U.S.C. 24101 

23 note) is amended by inserting ‘‘nonprofit organizations rep24 resenting employees who perform overhaul and mainte-
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1 nance of passenger railroad equipment,’’ after ‘‘equipment 

2 manufacturers,’’. 

3 Subtitle D—Rail Safety 

4 PART I—SAFETY IMPROVEMENT 

5 SEC. 35401. HIGHWAY-RAIL GRADE CROSSING SAFETY. 

6 (a) MODEL STATE HIGHWAY-RAIL GRADE CROSSING

7 ACTION PLAN.— 

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

9 the date of enactment of this Act, the Secretary shall 

10 develop a model of a State-specific highway-rail grade 

11 crossing action plan and distribute the model plan to 

12 each State. 

13 (2) CONTENTS.—The plan developed under para14 graph (1) shall include— 

15 (A) methodologies, tools, and data sources 

16 for identifying and evaluating highway-rail 

17 grade crossing safety risks, including the public 

18 safety risks posed by blocked highway-rail grade 

19 crossings due to idling trains; 

20 (B) best practices to reduce the risk of high21 way-rail grade crossing accidents or incidents 

22 and to alleviate the blockage of highway-rail 

23 grade crossings due to idling trains, including 

24 strategies for— 
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1 (i) education, including model stake2 holder engagement plans or tools; 

3 (ii) engineering, including the benefits 

4 and costs of different designs and tech5 nologies used to mitigate highway-rail 

6 grade crossing safety risks; and 

7 (iii) enforcement, including the 

8 strengths and weaknesses associated with 

9 different enforcement methods; 

10 (C) for each State, a customized list and 

11 data set of the highway-rail grade crossing acci12 dents or incidents in that State over the past 3 

13 years, including the location, number of deaths, 

14 and number of injuries for each accident or inci15 dent; and 

16 (D) contact information of a Department of 

17 Transportation safety official available to assist 

18 the State in adapting the model plan to satisfy 

19 the requirements under subsection (b). 

20 (b) STATE HIGHWAY-RAIL GRADE CROSSING ACTION

21 PLANS.— 

22 (1) REQUIREMENTS.—Not later than 18 months 

23 after the Secretary develops and distributes the model 

24 plan under subsection (a), the Secretary shall promul25 gate a rule that requires— 
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1 (A) each State, except the 10 States identi2 fied under section 202 of the Rail Safety Im3 provement Act of 2008 (49 U.S.C. 22501 note), 

4 to develop and implement a State highway-rail 

5 grade crossing action plan; and 

6 (B) each State that was identified under 

7 section 202 of the Rail Safety Improvement Act 

8 of 2008 (49 U.S.C. 22501 note), to update its 

9 State action plan under that section and submit 

10 to the Secretary the updated State action plan 

11 and a report describing what the State did to 

12 implement its previous State action plan under 

13 that section and how it will continue to reduce 

14 highway-rail grade crossing safety risks. 

15 (2) CONTENTS.—Each State plan required under 

16 this subsection shall— 

17 (A) identify highway-rail grade crossings 

18 that have experienced recent highway-rail grade 

19 crossing accidents or incidents, or are at high20 risk for accidents or incidents; 

21 (B) identify specific strategies for improv22 ing safety at highway-rail grade crossings, in23 cluding highway-rail grade crossing closures or 

24 grade separations; and 
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1 (C) designate a State official responsible for 

2 managing implementation of the State plan 

3 under subparagraph (A) or (B) of paragraph 

4 (1), as applicable. 

5 (3) ASSISTANCE.—The Secretary shall provide 

6 assistance to each State in developing and carrying 

7 out, as appropriate, the State plan under this sub8 section. 

9 (4) PUBLIC AVAILABILITY.—Each State shall 

10 submit its final State plan under this subsection to 

11 the Secretary for publication. The Secretary shall 

12 make each approved State plan publicly available on 

13 an official Internet Web site. 

14 (5) CONDITIONS.—The Secretary may condition 

15 the awarding of a grant to a State under chapter 244 

16 of title 49, United States Code, on that State submit17 ting an acceptable State plan under this subsection. 

18 (6) REVIEW OF ACTION PLANS.—Not later than 

19 60 days after the date of receipt of a State plan under 

20 this subsection, the Secretary shall— 

21 (A) if the State plan is approved, notify the 

22 State and publish the State plan under para23 graph (4); and 

24 (B) if the State plan is incomplete or defi25 cient, notify the State of the specific areas in 
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1 which the plan is deficient and allow the State 

2 to complete the plan or correct the deficiencies 

3 and resubmit the plan under paragraph (1). 

4 (7) DEADLINE.—Not later than 60 days after the 

5 date of a notice under paragraph (6)(B), a State shall 

6 complete the plan or correct the deficiencies and re7 submit the plan. 

8 (8) FAILURE TO COMPLETE OR CORRECT

9 PLAN.—If a State fails to meet the deadline under 

10 paragraph (7), the Secretary shall post on the Web 

11 site under paragraph (4) a notice that the State has 

12 an incomplete or deficient highway-rail grade cross13 ing action plan. 

14 (c) RAILWAY-HIGHWAY CROSSINGS FUNDS.—The Sec15 retary may use funds made available to carry out section 

16 130 of title 23, United States Code, to provide States with 

17 funds to develop a State highway-rail grade crossing action 

18 plan under subsection (b)(1)(A) of this section or to update 

19 a State action plan under subsection (b)(1)(B) of this sec20 tion. 

21 (d) DEFINITIONS.—In this section: 

22 (1) HIGHWAY-RAIL GRADE CROSSING.—The term 

23 ‘‘highway-rail grade crossing’’ means a location with24 in a State, other than a location where 1 or more 
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† HR 22 EAS 

1 railroad tracks cross 1 or more railroad tracks at 

2 grade, where— 

3 (A) a public highway, road, or street, or a 

4 private roadway, including associated sidewalks 

5 and pathways, crosses 1 or more railroad tracks 

6 either at grade or grade-separated; or 

7 (B) a pathway explicitly authorized by a 

8 public authority or a railroad carrier that is 

9 dedicated for the use of non-vehicular traffic, in10 cluding pedestrians, bicyclists, and others, that is 

11 not associated with a public highway, road, or 

12 street, or a private roadway, crosses 1 or more 

13 railroad tracks either at grade or grade-sepa14 rated. 

15 (2) STATE.—The term ‘‘State’’ means a State of 

16 the United States or the District of Columbia. 

17 SEC. 35402. SPEED LIMIT ACTION PLANS. 

18 (a) IN GENERAL.—Not later than 90 days after the 

19 date of enactment of this Act, each railroad carrier pro20 viding intercity rail passenger transportation or commuter 

21 rail passenger transportation, in consultation with any ap22 plicable host railroad carrier, shall survey its entire system 

23 and identify each main track location where there is a re24 duction of more than 20 miles per hour from the approach 
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† HR 22 EAS 

1 speed to a curve or bridge and the maximum authorized 

2 operating speed for passenger trains at that curve or bridge. 

3 (b) ACTION PLANS.—Not later than 120 days after the 

4 date that the survey under subsection (a) is complete, a rail 

5 passenger carrier shall submit to the Secretary an action 

6 plan that— 

7 (1) identifies each main track location where 

8 there is a reduction of more than 20 miles per hour 

9 from the approach speed to a curve or bridge and the 

10 maximum authorized operating speed for passenger 

11 trains at that curve or bridge; 

12 (2) describes appropriate actions, including 

13 modification to automatic train control systems, if 

14 applicable, other signal systems, increased crew size, 

15 improved signage, or other practices, including in16 creased crew communication, to enable warning and 

17 enforcement of the maximum authorized speed for 

18 passenger trains at each location identified under 

19 paragraph (1); 

20 (3) contains milestones and target dates for im21 plementing each appropriate action described under 

22 paragraph (2); and 

23 (4) ensures compliance with the maximum au24 thorized speed at each location identified under para25 graph (1). 
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1 (c) APPROVAL.—Not later than 90 days after the date 

2 an action plan is submitted under subsection (a), the Sec3 retary shall approve, approve with conditions, or dis4 approve the action plan. 

5 (d) ALTERNATIVE SAFETY MEASURES.—The Secretary 

6 may exempt from the requirements of this section each seg7 ment of track for which operations are governed by a posi8 tive train control system certified under section 20157 of 

9 title 49, United States Code, or any other safety technology 

10 or practice that would achieve an equivalent or greater level 

11 of safety in reducing derailment risk. 

12 (e) REPORT.—Not later than 6 months after the date 

13 of the enactment of this Act, the Secretary shall submit a 

14 report to the Committee on Commerce, Science, and Trans15 portation of the Senate and the Committee on Transpor16 tation and Infrastructure of the House of Representatives 

17 that describes— 

18 (1) the actions the railroad carriers have taken 

19 in response to Safety Advisory 2013–08, entitled 

20 ‘‘Operational Tests and Inspections for Compliance 

21 With Maximum Authorized Train Speeds and Other 

22 Speed Restrictions’’; 

23 (2) the actions the railroad carriers have taken 

24 in response to Safety Advisory 2015–03, entitled 

25 ‘‘Operational and Signal Modifications for Compli-
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† HR 22 EAS 

1 ance with Maximum Authorized Passenger Train 

2 Speeds and Other Speed Restrictions’’; and 

3 (3) the actions the Federal Railroad Administra4 tion has taken to evaluate or incorporate the informa5 tion and findings arising from the safety advisories 

6 referred to in paragraphs (1) and (2) into the devel7 opment of regulatory action and oversight activities. 

8 (f) SAVINGS CLAUSE.—Nothing in this section shall 

9 prohibit the Secretary from applying the requirements of 

10 this section to other segments of track at high risk of over11 speed derailment. 

12 SEC. 35403. SIGNAGE. 

13 (a) IN GENERAL.—The Secretary shall promulgate 

14 such regulations as the Secretary considers necessary to re15 quire each railroad carrier providing intercity rail pas16 senger transportation or commuter rail passenger transpor17 tation, in consultation with any applicable host railroad 

18 carrier, to install signs to warn train crews before the train 

19 approaches a location that the Secretary identifies as hav20 ing high risk of overspeed derailment. 

21 (b) ALTERNATIVE SAFETY MEASURES.—The Secretary 

22 may exempt from the requirements of this section each seg23 ment of track for which operations are governed by a posi24 tive train control system certified under section 20157 of 

25 title 49, United States Code, or any other safety technology 
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† HR 22 EAS 

1 or practice that would achieve an equivalent or greater level 

2 of safety in reducing derailment risk. 

3 SEC. 35404. ALERTERS. 

4 (a) IN GENERAL.—The Secretary shall promulgate a 

5 rule to require a working alerter in the controlling loco6 motive of each passenger train in intercity rail passenger 

7 transportation (as defined in section 24102 of title 49, 

8 United States Code) or commuter rail passenger transpor9 tation (as defined in section 24102 of title 49, United States 

10 Code). 

11 (b) RULEMAKING.— 

12 (1) IN GENERAL.—The Secretary may promul13 gate a rule to specify the essential functionalities of 

14 a working alerter, including the manner in which the 

15 alerter can be reset. 

16 (2) ALTERNATE PRACTICE OR TECHNOLOGY.— 

17 The Secretary may require or allow a technology or 

18 practice in lieu of a working alerter if the Secretary 

19 determines that the technology or practice would 

20 achieve an equivalent or greater level of safety in en21 hancing or ensuring appropriate locomotive control. 

22 SEC. 35405. SIGNAL PROTECTION. 

23 (a) IN GENERAL.—The Secretary shall promulgate 

24 regulations to require, not later than 18 months after the 

25 date of the enactment of this Act, that on-track safety regu-
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† HR 22 EAS 

1 lations, whenever practicable and consistent with other safe2 ty requirements and operational considerations, include re3 quiring implementation of redundant signal protection, 

4 such as shunting or other practices and technologies that 

5 achieve an equivalent or greater level of safety, for mainte6 nance-of-way work crews who depend on a train dispatcher 

7 to provide signal protection. 

8 (b) ALTERNATIVE SAFETY MEASURES.—The Secretary 

9 may exempt from the requirements of this section each seg10 ment of track for which operations are governed by a posi11 tive train control system certified under section 20157 of 

12 title 49, United States Code, or any other safety technology 

13 or practice that would achieve an equivalent or greater level 

14 of safety in providing additional signal protection. 

15 SEC. 35406. TECHNOLOGY IMPLEMENTATION PLANS. 

16 Section 20156(e) is amended— 

17 (1) in paragraph (4)— 

18 (A) in subparagraph (A), by striking ‘‘and’’ 

19 at the end; and 

20 (B) in subparagraph (B), by striking the 

21 period at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(C) each railroad carrier required to sub24 mit such a plan, until the implementation of a 

25 positive train control system by the railroad car-
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† HR 22 EAS 

1 rier, shall analyze and, as appropriate, 

2 prioritize technologies and practices to mitigate 

3 the risk of overspeed derailments.’’. 

4 SEC. 35407. COMMUTER RAIL TRACK INSPECTIONS. 

5 (a) IN GENERAL.—The Secretary shall evaluate track 

6 inspection regulations to determine if a railroad carrier 

7 providing commuter rail passenger transportation on high 

8 density commuter railroad lines should be required to in9 spect the lines in the same manner as currently required 

10 for other commuter railroad lines. 

11 (b) RULEMAKING.—Considering safety, including rail12 road carrier employee and contractor safety, and system ca13 pacity, the Secretary may promulgate a rule for high den14 sity commuter railroad lines. If, after the evaluation under 

15 subsection (a), the Secretary determines that it is necessary 

16 to promulgate a rule, the Secretary shall specifically con17 sider the following regulatory requirements for high density 

18 commuter railroad lines: 

19 (1) At least once every 2 weeks— 

20 (A) traverse each main line by vehicle; or 

21 (B) inspect each main line on foot. 

22 (2) At least once each month, traverse and in23 spect each siding by vehicle or by foot. 

24 (c) REPORT.—If, after the evaluation under subsection 

25 (a), the Secretary determines it is not necessary to revise 
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† HR 22 EAS 

1 the regulations under this section, the Secretary, not later 

2 than 18 months after the date of enactment of this Act, shall 

3 transmit a report to the Committee on Commerce, Science, 

4 and Transportation of the Senate and the Committee on 

5 Transportation and Infrastructure of the House of Rep6 resentatives explaining the reasons for not revising the regu7 lations. 

8 (d) CONSTRUCTION.—Nothing in this section may be 

9 construed to limit the authority of the Secretary to promul10 gate regulations or issue orders under any other law. 

11 SEC. 35408. EMERGENCY RESPONSE. 

12 (a) IN GENERAL.—The Secretary, in consultation with 

13 railroad carriers, shall conduct a study to determine wheth14 er limitations or weaknesses exist in the emergency response 

15 information carried by train crews transporting hazardous 

16 materials. 

17 (b) CONTENTS.—In conducting the study under sub18 section (a), the Secretary shall evaluate the differences be19 tween the emergency response information carried by train 

20 crews transporting hazardous materials and the emergency 

21 response guidance provided in the Emergency Response 

22 Guidebook issued by the Department of Transportation. 

23 (c) REPORT.—Not later than 1 year after the date of 

24 enactment of this Act, the Secretary shall transmit to the 

25 Committee on Commerce, Science, and Transportation of 
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1 the Senate and the Committee on Transportation and In2 frastructure of the House of Representatives a report of the 

3 findings of the study under subsection (a) and any rec4 ommendations for legislative action. 

5 SEC. 35409. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS. 

6 (a) IN GENERAL.—The Secretary, in consultation with 

7 railroad carriers, shall conduct a study— 

8 (1) to determine whether limitations or weak9 nesses exist regarding the availability and usefulness 

10 for safety purposes of data on private highway-rail 

11 grade crossings; and 

12 (2) to evaluate existing engineering practices on 

13 private highway-rail grade crossings. 

14 (b) CONTENTS.—In conducting the study under sub15 section (a), the Secretary shall make recommendations as 

16 necessary to improve— 

17 (1) the utility of the data on private highway18 rail grade crossings; and 

19 (2) the implementation of private highway-rail 

20 crossing safety measures, including signage and 

21 warning systems. 

22 (c) REPORT.—Not later than 1 year after the date of 

23 enactment of this Act, the Secretary shall transmit to the 

24 Committee on Commerce, Science, and Transportation of 

25 the Senate and the Committee on Transportation and In-
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† HR 22 EAS 

1 frastructure of the House of Representatives a report of the 

2 findings of the study and any recommendations for further 

3 action. 

4 SEC. 35410. REPAIR AND REPLACEMENT OF DAMAGED 

5 TRACK INSPECTION EQUIPMENT. 

6 (a) IN GENERAL.—Subchapter I of chapter 201 is 

7 amended by inserting after section 20120 the following: 

8 ‘‘§ 20121. Repair and replacement of damaged track 

9 inspection equipment 

10 ‘‘The Secretary of Transportation may receive and ex11 pend cash, or receive and utilize spare parts and similar 

12 items, from non-United States Government sources to re13 pair damages to or replace United States Government 

14 owned automated track inspection cars and equipment as 

15 a result of third-party liability for such damages, and any 

16 amounts collected under this section shall be credited di17 rectly to the Railroad Safety and Operations account of the 

18 Federal Railroad Administration, and shall remain avail19 able until expended for the repair, operation, and mainte20 nance of automated track inspection cars and equipment 

21 in connection with the automated track inspection pro22 gram.’’. 

23 (b) CONFORMING AMENDMENT.—The table of contents 

24 for subchapter I of chapter 201 is amended by adding after 

25 section 21020 the following: 

‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 
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† HR 22 EAS 

1 SEC. 35411. RAIL POLICE OFFICERS. 

2 (a) IN GENERAL.—Section 28101 is amended— 

3 (1) by striking ‘‘employed by’’ each place it ap4 pears and inserting ‘‘directly employed by or con5 tracted by’’; 

6 (2) in subsection (b), by inserting ‘‘or agent, as 

7 applicable,’’ after ‘‘an employee’’; and 

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

9 ‘‘(c) TRANSFERS.— 

10 ‘‘(1) IN GENERAL.—If a railroad police officer 

11 directly employed by or contracted by a rail carrier 

12 and certified or commissioned as a police officer 

13 under the laws of a State transfers primary employ14 ment or residence from the certifying or commis15 sioning State to another State or jurisdiction, the 

16 railroad police officer, not later than 1 year after the 

17 date of transfer, shall apply to be certified or commis18 sioned as a police office under the laws of the State 

19 of new primary employment or residence. 

20 ‘‘(2) INTERIM PERIOD.—During the period be21 ginning on the date of transfer and ending 1 year 

22 after the date of transfer, a railroad police officer di23 rectly employed by or contracted by a rail carrier 

24 and certified or commissioned as a police officer 

25 under the laws of a State may enforce the laws of the 

26 new jurisdiction in which the railroad police officer 
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† HR 22 EAS 

1 resides, to the same extent as provided in subsection 

2 (a). 

3 ‘‘(d) TRAINING.— 

4 ‘‘(1) IN GENERAL.—A State shall recognize as 

5 meeting that State’s basic police officer certification 

6 or commissioning requirements for qualification as a 

7 rail police officer under this section any individual 

8 who successfully completes a program at a State-rec9 ognized police training academy in another State or 

10 at a Federal law enforcement training center and who 

11 is certified or commissioned as a police officer by that 

12 other State. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

14 subsection shall be construed as superseding or affect15 ing any unique State training requirements related to 

16 criminal law, criminal procedure, motor vehicle code, 

17 or State-mandated comparative or annual in-service 

18 training academy or Federal law enforcement train19 ing center.’’. 

20 (b) REGULATIONS.—Not later than 1 year after the 

21 date of enactment of this Act, the Secretary shall revise the 

22 regulations in part 207 of title 49, Code of Federal Regula23 tions (relating to railroad police officers), to permit a rail24 road to designate an individual, who is commissioned in 

25 the individual’s State of legal residence or State of primary 
735 

† HR 22 EAS 

1 employment and directly employed by or contracted by a 

2 railroad to enforce State laws for the protection of railroad 

3 property, personnel, passengers, and cargo, to serve in the 

4 States in which the railroad owns property. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) AMTRAK RAIL POLICE.—Section 24305(e) is 

7 amended— 

8 (A) by striking ‘‘may employ’’ and insert9 ing ‘‘may directly employ or contract with’’; 

10 (B) by striking ‘‘employed by’’ and insert11 ing ‘‘directly employed by or contracted by’’; and 

12 (C) by striking ‘‘employed without’’ and in13 serting ‘‘directly employed or contracted with14 out’’. 

15 (2) SECURE GUN STORAGE OR SAFETY DEVICE; 

16 EXCEPTIONS.—Section 922(z)(2)(B) of title 18 is 

17 amended by striking ‘‘employed by’’ and inserting 

18 ‘‘directly employed by or contracted by’’. 

19 SEC. 35412. OPERATION DEEP DIVE; REPORT. 

20 (a) PROGRESS REPORTS.—Not later than 60 days 

21 after the date of the enactment of this Act, and quarterly 

22 thereafter until the completion date, the Administrator of 

23 the Federal Railroad Administration shall submit a report 

24 to the Committee on Commerce, Science, and Transpor25 tation of the Senate and the Committee on Transportation 
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† HR 22 EAS 

1 and Infrastructure of the House of Representatives that de2 scribes the progress of Metro-North Commuter Railroad in 

3 implementing the directives and recommendations issued by 

4 the Federal Railroad Administration in its March 2014 re5 port to Congress titled ‘‘Operation Deep Dive Metro-North 

6 Commuter Railroad Safety Assessment’’. 

7 (b) FINAL REPORT.—Not later than 30 days after the 

8 completion date, the Administrator of the Federal Railroad 

9 Administration shall submit a final report on the directives 

10 and recommendations to Congress. 

11 (c) DEFINED TERM.—In this section, the term ‘‘com12 pletion date’’ means the date on which Metro-North Com13 muter Railroad has completed all of the directives and rec14 ommendations referred to in subsection (a). 

15 SEC. 35413. POST-ACCIDENT ASSESSMENT. 

16 (a) IN GENERAL.—The Secretary of Transportation, 

17 in cooperation with the National Transportation Safety 

18 Board and the National Railroad Passenger Corporation 

19 (referred to in this section as ‘‘Amtrak’’), shall conduct a 

20 post-accident assessment of the Amtrak Northeast Regional 

21 Train #188 crash on May 12, 2015. 

22 (b) ELEMENTS.—The assessment conducted pursuant 

23 to subsection (a) shall include— 

24 (1) a review of Amtrak’s compliance with the 

25 plan for addressing the needs of the families of pas-
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† HR 22 EAS 

1 sengers involved in any rail passenger accident, 

2 which was submitted pursuant to section 24316 of 

3 title 49, United States Code; 

4 (2) a review of Amtrak’s compliance with the 

5 emergency preparedness plan required under section 

6 239.101(a) of title 49, Code of Federal Regulations; 

7 (3) a determination of any additional action 

8 items that should be included in the plans referred to 

9 in paragraphs (1) and (2) to meet the needs of the 

10 passengers involved in the crash and their families, 

11 including— 

12 (A) notification of emergency contacts; 

13 (B) dedicated and trained staff to manage 

14 family assistance; 

15 (C) the establishment of a family assistance 

16 center at the accident locale or other appropriate 

17 location; 

18 (D) a system for identifying and recovering 

19 items belonging to passengers that were lost in 

20 the crash; and 

21 (E) the establishment of a single customer 

22 service entity within Amtrak to coordinate the 

23 response to the needs of the passengers involved 

24 in the crash and their families; 
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† HR 22 EAS 

1 (4) recommendations for any additional training 

2 needed by Amtrak staff to better implement the plans 

3 referred to in paragraphs (1) and (2), including the 

4 establishment of a regular schedule for training drills 

5 and exercises. 

6 (c) REPORT TO CONGRESS.—Not later than 1 year 

7 after the date of the enactment of this Act, Amtrak shall 

8 submit a report to the Committee on Commerce, Science, 

9 and Transportation of the Senate and the Committee on 

10 Transportation and Infrastructure of the House of Rep11 resentatives that describes— 

12 (1) its plan to achieve the recommendations re13 ferred to in subsection (b)(4); and 

14 (2) steps that have been taken to address any de15 ficiencies identified through the assessment. 

16 SEC. 35414. TECHNICAL AND CONFORMING AMENDMENTS. 

17 (a) ASSISTANCE TO FAMILIES OF PASSENGERS IN18 VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 is 

19 amended— 

20 (1) in subsection (a)(1), by striking ‘‘phone num21 ber’’ and inserting ‘‘telephone number’’; 

22 (2) in subsection (a)(2), by striking ‘‘post trau23 ma communication with families’’ and inserting 

24 ‘‘post-trauma communication with families’’; and 
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† HR 22 EAS 

1 (3) in subsection (j), by striking ‘‘railroad pas2 senger accident’’ each place it appears and inserting 

3 ‘‘rail passenger accident’’. 

4 (b) SOLID WASTE RAIL TRANSFER FACILITY LAND5 USE EXEMPTION.—Section 10909 is amended— 

6 (1) in subsection (b), in the matter preceding 

7 paragraph (1), by striking ‘‘Clean Railroad Act of 

8 2008’’ and inserting ‘‘Clean Railroads Act of 2008’’; 

9 and 

10 (2) in subsection (e), by striking ‘‘Upon the 

11 granting of petition from the State’’ and inserting 

12 ‘‘Upon the granting of a petition from the State’’. 

13 (c) RULEMAKING PROCESS.—Section 20116 is amend14 ed— 

15 (1) by inserting ‘‘(2)’’ before ‘‘the code, rule, 

16 standard, requirement, or practice has been subject to 

17 notice and comment under a rule or order issued 

18 under this part.’’ and indenting accordingly; 

19 (2) by inserting ‘‘(1)’’ before ‘‘unless’’ and in20 denting accordingly; 

21 (3) in paragraph (1), as redesignated, by strik22 ing ‘‘order, or’’ and inserting ‘‘order; or’’; and 

23 (4) in the matter preceding paragraph (1), as re24 designated, by striking ‘‘unless’’ and inserting ‘‘un25 less—’’. 
740 

† HR 22 EAS 

1 (d) ENFORCEMENT REPORT.—Section 20120(a) is 

2 amended— 

3 (1) in the matter preceding paragraph (1), by 

4 striking ‘‘website’’ and inserting ‘‘Web site’’; 

5 (2) in paragraph (1), by striking ‘‘accident and 

6 incidence reporting’’ and inserting ‘‘accident and in7 cident reporting’’; 

8 (3) in paragraph (2)(G), by inserting ‘‘and’’ at 

9 the end; and 

10 (4) in paragraph (5)(B), by striking ‘‘Adminis11 trative Hearing Officer or Administrative Law 

12 Judge’’ and inserting ‘‘administrative hearing officer 

13 or administrative law judge’’. 

14 (e) RAILROAD SAFETY RISK REDUCTION PROGRAM.— 

15 Section 20156 is amended— 

16 (1) in subsection (c), by inserting a comma after 

17 ‘‘In developing its railroad safety risk reduction pro18 gram’’; and 

19 (2) in subsection (g)(1)— 

20 (A) by inserting a comma after ‘‘good 

21 faith’’; and 

22 (B) by striking ‘‘non-profit’’ and inserting 

23 ‘‘nonprofit’’. 

24 (f) ROADWAY USER SIGHT DISTANCE AT HIGHWAY25 RAIL GRADE CROSSINGS.—Section 20159 is amended by 
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† HR 22 EAS 

1 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of 

2 Transportation’’. 

3 (g) NATIONAL CROSSING INVENTORY.—Section 20160 

4 is amended— 

5 (1) in subsection (a)(1), by striking ‘‘concerning 

6 each previously unreported crossing through which it 

7 operates or with respect to the trackage over which it 

8 operates’’ and inserting ‘‘concerning each previously 

9 unreported crossing through which it operates with 

10 respect to the trackage over which it operates’’; and 

11 (2) in subsection (b)(1)(A), by striking ‘‘con12 cerning each crossing through which it operates or 

13 with respect to the trackage over which it operates’’ 

14 and inserting ‘‘concerning each crossing through 

15 which it operates with respect to the trackage over 

16 which it operates’’. 

17 (h) MINIMUM TRAINING STANDARDS AND PLANS.— 

18 Section 20162(a)(3) is amended by striking ‘‘railroad com19 pliance with Federal standards’’ and inserting ‘‘railroad 

20 carrier compliance with Federal standards’’. 

21 (i) DEVELOPMENT AND USE OF RAIL SAFETY TECH22 NOLOGY.—Section 20164(a) is amended by striking ‘‘after 

23 enactment of the Railroad Safety Enhancement Act of 

24 2008’’ and inserting ‘‘after the date of enactment of the Rail 

25 Safety Improvement Act of 2008’’. 
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† HR 22 EAS 

1 (j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 

2 (1) TABLE OF CONTENTS.—Section 1(b) of divi3 sion A of the Rail Safety Improvement Act of 2008 

4 (Public Law 110–432; 122 Stat. 4848) is amended— 

5 (A) in the item relating to section 307, by 

6 striking ‘‘website’’ and inserting ‘‘Web site’’; 

7 (B) in the item relating to title VI, by strik8 ing ‘‘solid waste facilities’’ and inserting ‘‘solid 

9 waste rail transfer facilities’’; and 

10 (C) in the item relating to section 602, by 

11 striking ‘‘solid waste transfer facilities’’ and in12 serting ‘‘solid waste rail transfer facilities’’. 

13 (2) DEFINITIONS.—Section 2(a)(1) of division A 

14 of the Rail Safety Improvement Act of 2008 (Public 

15 Law 110–432; 122 Stat. 4849) is amended in the 

16 matter preceding subparagraph (A), by inserting a 

17 comma after ‘‘at grade’’. 

18 (3) RAILROAD SAFETY STRATEGY.—Section 

19 102(a)(6) of title I of division A of the Rail Safety 

20 Improvement Act of 2008 (49 U.S.C. 20101 note) is 

21 amended by striking ‘‘Improving the safety of rail22 road bridges, tunnels, and related infrastructure to 

23 prevent accidents, incidents, injuries, and fatalities 

24 caused by catastrophic failures and other bridge and 

25 tunnel failures.’’ and inserting ‘‘Improving the safety 
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† HR 22 EAS 

1 of railroad bridges, tunnels, and related infrastruc2 ture to prevent accidents, incidents, injuries, and fa3 talities caused by catastrophic and other failures of 

4 such infrastructure.’’. 

5 (4) OPERATION LIFESAVER.—Section 206(a) of 

6 title II of division A of the Rail Safety Improvement 

7 Act of 2008 (49 U.S.C. 22501 note) is amended by 

8 striking ‘‘Public Service Announcements’’ and insert9 ing ‘‘public service announcements’’. 

10 (5) UPDATE OF FEDERAL RAILROAD ADMINIS11 TRATION’S WEB SITE.—Section 307 of title III of di12 vision A of the Rail Safety Improvement Act of 2008 

13 (49 U.S.C. 103 note) is amended— 

14 (A) in the heading by striking ‘‘FEDERAL

15 RAILROAD ADMINISTRATION’S WEBSITE’’ 

16 and inserting ‘‘Federal Railroad Administration 

17 Web site’’; 

18 (B) by striking ‘‘website’’ each place it ap19 pears and inserting ‘‘Web site’’; and 

20 (C) by striking ‘‘website’s’’ and inserting 

21 ‘‘Web site’s’’. 

22 (6) ALCOHOL AND CONTROLLED SUBSTANCE

23 TESTING FOR MAINTENANCE-OF-WAY EMPLOYEES.— 

24 Section 412 of title IV of division A of the Rail Safe25 ty Improvement Act of 2008 (49 U.S.C. 20140 note) 
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1 is amended by striking ‘‘Secretary of Transportation’’ 

2 and inserting ‘‘Secretary’’. 

3 (7) TUNNEL INFORMATION.—Section 414 of title 

4 IV of division A of the Rail Safety Improvement Act 

5 of 2008 (49 U.S.C. 20103 note) is amended— 

6 (A) by striking ‘‘parts 171.8, 173.115’’ and 

7 inserting ‘‘sections 171.8, 173.115’’; and 

8 (B) by striking ‘‘part 1520.5’’ and inserting 

9 ‘‘section 1520.5’’. 

10 (8) SAFETY INSPECTIONS IN MEXICO.—Section 

11 416 of title IV of division A of the Rail Safety Im12 provement Act of 2008 (49 U.S.C. 20107 note) is 

13 amended— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘Secretary of Transportation’’ and 

16 inserting ‘‘Secretary’’; and 

17 (B) in paragraph (4), by striking ‘‘sub18 section’’ and inserting ‘‘section’’. 

19 (9) HEADING OF TITLE VI.—The heading of title 

20 VI of division A of the Rail Safety Improvement Act 

21 of 2008 (122 Stat. 4900) is amended by striking 

22 ‘‘SOLID WASTE FACILITIES’’ and inserting 

23 ‘‘SOLID WASTE RAIL TRANSFER FA24 CILITIES’’. 
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1 (10) HEADING OF SECTION 602.—Section 602 of 

2 title VI of division A of the Rail Safety Improvement 

3 Act of 2008 (122 Stat. 4900) is amended by striking 

4 ‘‘SOLID WASTE TRANSFER FACILITIES’’ and in5 serting ‘‘SOLID WASTE RAIL TRANSFER FACILI6 TIES’’. 

7 SEC. 35415. GAO STUDY ON USE OF LOCOMOTIVE HORNS AT 

8 HIGHWAY-RAIL GRADE CROSSINGS. 

9 The Comptroller General of the United States shall 

10 submit a report to Congress containing the results of a 

11 study evaluating the effectiveness of the Federal Railroad 

12 Administration’s final rule on the use of locomotive horns 

13 at highway-rail grade crossings, which was published in the 

14 Federal Register on August 17, 2006 (71 Fed. Reg. 47614). 

15 SEC. 35416. BRIDGE INSPECTION REPORTS. 

16 Section 417(d) of the Rail Safety Improvement Act of 

17 2008 (49 U.S.C. 20103 note) is amended— 

18 (1) by striking ‘‘The Secretary’’ and inserting 

19 the following: 

20 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

22 ‘‘(2) AVAILABILITY OF BRIDGE INSPECTION RE23 PORTS.—The Administrator of the Federal Railroad 

24 Administration shall— 
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1 ‘‘(A) maintain a copy of the most recent 

2 bridge inspection reports prepared in accordance 

3 with section (b)(5); and 

4 ‘‘(B) provide copies of the reports described 

5 in subparagraph (A) to appropriate State and 

6 local government transportation officials, upon 

7 request.’’. 

8 PART II—CONSOLIDATED RAIL INFRASTRUCTURE 

9 AND SAFETY IMPROVEMENTS 

10 SEC. 35421. CONSOLIDATED RAIL INFRASTRUCTURE AND 

11 SAFETY IMPROVEMENTS. 

12 (a) IN GENERAL.—Chapter 244, as amended by sec13 tion 35302 of this Act, is further amended by adding at 

14 the end the following: 

15 ‘‘§ 24408. Consolidated rail infrastructure and safety 

16 improvements 

17 ‘‘(a) GENERAL AUTHORITY.—The Secretary may make 

18 grants under this section to an eligible recipient to assist 

19 in financing the cost of improving passenger and freight 

20 rail transportation systems in terms of safety, efficiency, 

21 or reliability. 

22 ‘‘(b) ELIGIBLE RECIPIENTS.—The following entities 

23 are eligible to receive a grant under this section: 

24 ‘‘(1) A State. 

25 ‘‘(2) A group of States. 
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1 ‘‘(3) An Interstate Compact. 

2 ‘‘(4) A public agency or publicly chartered au3 thority established by 1 or more States and having re4 sponsibility for providing intercity rail passenger, 

5 commuter rail passenger, or freight rail transpor6 tation service. 

7 ‘‘(5) A political subdivision of a State. 

8 ‘‘(6) Amtrak or another rail passenger carrier 

9 that provides intercity rail passenger transportation 

10 (as defined in section 24102) or commuter rail pas11 senger transportation (as defined in section 24102). 

12 ‘‘(7) A Class II railroad or Class III railroad (as 

13 those terms are defined in section 20102). 

14 ‘‘(8) Any rail carrier or rail equipment manu15 facturer in partnership with at least 1 of the entities 

16 described in paragraphs (1) through (5). 

17 ‘‘(9) Any entity established to procure, manage, 

18 or maintain passenger rail equipment under section 

19 305 of the Passenger Rail Investment and Improve20 ment Act of 2008 (49 U.S.C. 24101 note). 

21 ‘‘(10) An organization that is actively involved 

22 in the development of operational and safety-related 

23 standards for rail equipment and operations or the 

24 implementation of safety-related programs. 
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1 ‘‘(11) The Transportation Research Board and 

2 any entity with which it contracts in the development 

3 of rail-related research, including cooperative research 

4 programs. 

5 ‘‘(12) A University transportation center ac6 tively engaged in rail-related research. 

7 ‘‘(13) A non-profit labor organization rep8 resenting a class or craft of employees of railroad car9 riers or railroad carrier contractors. 

10 ‘‘(c) ELIGIBLE PROJECTS.—The following projects are 

11 eligible to receive grants under this section: 

12 ‘‘(1) Deployment of railroad safety technology, 

13 including positive train control and rail integrity in14 spection systems. 

15 ‘‘(2) A capital project as defined in section 

16 24401, except that a project shall not be required to 

17 be in a State rail plan developed under chapter 227. 

18 ‘‘(3) A capital project identified by the Secretary 

19 as being necessary to address congestion challenges af20 fecting rail service. 

21 ‘‘(4) A highway-rail grade crossing improve22 ment, including grade separations, private highway23 rail grade crossing improvements, and safety engi24 neering improvements to reduce risk in quiet zones or 

25 potential quiet zones. 
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1 ‘‘(5) A rail line relocation project. 

2 ‘‘(6) A capital project to improve short-line or 

3 regional railroad infrastructure. 

4 ‘‘(7) Development of public education, awareness, 

5 and targeted law enforcement activities to reduce vio6 lations of traffic laws at highway-rail grade crossings 

7 and to help prevent and reduce injuries and fatalities 

8 along railroad rights-of-way. 

9 ‘‘(8) The preparation of regional rail and cor10 ridor service development plans and corresponding 

11 environmental analyses. 

12 ‘‘(9) Any project that the Secretary considers 

13 necessary to enhance multimodal connections or fa14 cilitate service integration between rail service and 

15 other modes, including between intercity rail pas16 senger transportation and intercity bus service. 

17 ‘‘(10) The development of rail-related capital, op18 erations, and safety standards. 

19 ‘‘(11) The implementation and operation of a 

20 safety program or institute designed to improve rail 

21 safety culture and rail safety performance. 

22 ‘‘(12) Any research that the Secretary considers 

23 necessary to advance any particular aspect of rail-re24 lated capital, operations, or safety improvements. 
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1 ‘‘(13) Workforce development activities, coordi2 nated to the extent practicable with the existing local 

3 training programs supported by the Department of 

4 Transportation, Department of Labor, and Depart5 ment of Education. 

6 ‘‘(d) APPLICATION PROCESS.—The Secretary shall 

7 prescribe the form and manner of filing an application 

8 under this section. 

9 ‘‘(e) PROJECT SELECTION CRITERIA.— 

10 ‘‘(1) IN GENERAL.—In selecting a recipient of a 

11 grant for an eligible project, the Secretary shall— 

12 ‘‘(A) give preference to a proposed project 

13 for which the proposed Federal share of total 

14 project costs does not exceed 50 percent; and 

15 ‘‘(B) after factoring in preference to projects 

16 under subparagraph (A), select projects that will 

17 maximize the net benefits of the funds appro18 priated for use under this section, considering 

19 the cost-benefit analysis of the proposed project, 

20 including anticipated private and public benefits 

21 relative to the costs of the proposed project and 

22 factoring in the other considerations described in 

23 paragraph (2). 

24 ‘‘(2) OTHER CONSIDERATIONS.—The Secretary 

25 shall also consider the following: 
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1 ‘‘(A) The degree to which the proposed 

2 project’s business plan considers potential pri3 vate sector participation in the financing, con4 struction, or operation of the project; 

5 ‘‘(B) The recipient’s past performance in 

6 developing and delivering similar projects, and 

7 previous financial contributions; 

8 ‘‘(C) Whether the recipient has or will have 

9 the legal, financial, and technical capacity to 

10 carry out the proposed project, satisfactory con11 tinuing control over the use of the equipment or 

12 facilities, and the capability and willingness to 

13 maintain the equipment or facilities; 

14 ‘‘(D) If applicable, the consistency of the 

15 proposed project with planning guidance and 

16 documents set forth by the Secretary or required 

17 by law or State rail plans developed under chap18 ter 227; 

19 ‘‘(E) If applicable, any technical evaluation 

20 ratings that proposed project received under pre21 vious competitive grant programs administered 

22 by the Secretary; and 

23 ‘‘(F) Such other factors as the Secretary 

24 considers relevant to the successful delivery of the 

25 project. 
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1 ‘‘(3) BENEFITS.—The benefits described in para2 graph (1)(B) may include the effects on system and 

3 service performance, including measures such as im4 proved safety, competitiveness, reliability, trip or 

5 transit time, resilience, efficiencies from improved in6 tegration with other modes, and ability to meet exist7 ing or anticipated demand. 

8 ‘‘(f) PERFORMANCE MEASURES.—The Secretary shall 

9 establish performance measures for each grant recipient to 

10 assess progress in achieving strategic goals and objectives. 

11 The Secretary may require a grant recipient to periodically 

12 report information related to such performance measures. 

13 ‘‘(g) RURAL AREAS.— 

14 ‘‘(1) IN GENERAL.—Of the amounts appro15 priated under this section, at least 25 percent shall be 

16 available for projects in rural areas. The Secretary 

17 shall consider a project to be in a rural area if all 

18 or the majority of the project (determined by the geo19 graphic location or locations where the majority of 

20 the project funds will be spent) is located in a rural 

21 area. 

22 ‘‘(2) DEFINITION OF RURAL AREA.—In this sub23 section, the term ‘rural area’ means any area not in 

24 an urbanized area, as defined by the Census Bureau. 

25 ‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
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1 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

2 shall estimate the total costs of a project under this 

3 subsection based on the best available information, in4 cluding engineering studies, studies of economic feasi5 bility, environmental analyses, and information on 

6 the expected use of equipment or facilities. 

7 ‘‘(2) FEDERAL SHARE.—The Federal share of 

8 total project costs under this subsection shall not ex9 ceed 80 percent. 

10 ‘‘(3) TREATMENT OF PASSENGER RAIL REV11 ENUE.—If Amtrak or another rail passenger carrier 

12 is an applicant under this section, Amtrak or the 

13 other rail passenger carrier, as applicable, may use 

14 ticket and other revenues generated from its oper15 ations and other sources to satisfy the non-Federal 

16 share requirements. 

17 ‘‘(i) APPLICABILITY.—Except as specifically provided 

18 in this section, the use of any amounts appropriated for 

19 grants under this section shall be subject to the requirements 

20 of this chapter. 

21 ‘‘(j) AVAILABILITY.—Amounts appropriated for car22 rying out this section shall remain available until ex23 pended.’’. 

24 (b) CONFORMING AMENDMENT.—The table of contents 

25 of chapter 244, as amended by section 35302 of this Act, 
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1 is amended by adding after the item relating to section 

2 24407 the following: 

‘‘24408. Consolidated rail infrastructure and safety improvements.’’. 

3 PART III—HAZARDOUS MATERIALS BY RAIL 

4 SAFETY AND OTHER SAFETY ENHANCEMENTS 

5 SEC. 35431. REAL-TIME EMERGENCY RESPONSE INFORMA6 TION. 

7 (a) IN GENERAL.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary, in consultation with 

9 the Secretary of Homeland Security, shall promulgate regu10 lations— 

11 (1) to require a Class I railroad transporting 

12 hazardous materials— 

13 (A) to generate accurate, real-time, and 

14 electronic train consist information, including— 

15 (i) the identity, quantity, and location 

16 of hazardous materials on a train; 

17 (ii) the point of origin and destination 

18 of the train; 

19 (iii) any emergency response informa20 tion or resources required by the Secretary; 

21 and 

22 (iv) an emergency response point of 

23 contact designated by the Class I railroad; 

24 and 
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1 (B) to enter into a memorandum of under2 standing with each applicable fusion center to 

3 provide that fusion center with secure and con4 fidential access to the electronic train consist in5 formation described in subparagraph (A) for 

6 each train transporting hazardous materials in 

7 that fusion center’s jurisdiction; 

8 (2) to require each applicable fusion center to 

9 provide the electronic train consist information de10 scribed in paragraph (1)(A) to first responders, emer11 gency response officials, and law enforcement per12 sonnel that are involved in the response to or inves13 tigation of an incident, accident, or public health or 

14 safety emergency involving the rail transportation of 

15 hazardous materials and that request such electronic 

16 train consist information; 

17 (3) upon the request of each State, political sub18 division of a State, or public agency responsible for 

19 emergency response or law enforcement, to require 

20 each applicable fusion center to provide advance no21 tice for each high-hazard flammable train traveling 

22 through the jurisdiction of each State, political sub23 division of a State, or public agency, which notice 

24 shall include the electronic train consist information 

25 described in paragraph (1)(A) for the high-hazard 
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1 flammable train, and to the extent practicable, for re2 questing States, political subdivisions, or public agen3 cies, to ensure that the fusion center shall provide at 

4 least 12 hours of advance notice for a high-hazard 

5 flammable train that will be traveling through the ju6 risdiction of the State, political subdivision of a 

7 State, or public agency, and include within the notice 

8 its best estimate of the time the train will enter the 

9 jurisdiction; 

10 (4) to prohibit any railroad, employee, or agent 

11 from withholding, or causing to be withheld the train 

12 consist information from first responders, emergency 

13 response officials, and law enforcement personnel de14 scribed in paragraph (2) in the event of an incident, 

15 accident, or public health or safety emergency involv16 ing the rail transportation of hazardous materials; 

17 (5) to establish security and confidentiality pro18 tections to prevent the release of the electronic train 

19 consist information to unauthorized persons; and 

20 (6) to allow each Class I railroad to enter into 

21 a memorandum of understanding with any Class II 

22 or Class III railroad that operates trains over the 

23 Class I railroad’s line to incorporate the Class II or 

24 Class III railroad’s train consist information within 

25 the existing framework described in paragraph (1). 
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1 (b) DEFINITIONS.—In this section: 

2 (1) APPLICABLE FUSION CENTER.—The term 

3 ‘‘applicable fusion center’’ means a fusion center with 

4 responsibility for a geographic area in which a Class 

5 I railroad operates. 

6 (2) CLASS I RAILROAD.—The term ‘‘Class I rail7 road’’ has the meaning given the term in section 

8 20102 of title 49, United States Code. 

9 (3) FUSION CENTER.—The term ‘‘fusion center’’ 

10 has the meaning given the term in section 124h(j) of 

11 title 6, United States Code. 

12 (4) HAZARDOUS MATERIALS.—The term ‘‘haz13 ardous materials’’ means material designated as haz14 ardous by the Secretary of Transportation under 

15 chapter 51 of the United States Code. 

16 (5) HIGH-HAZARD FLAMMABLE TRAIN.—The 

17 term ‘‘high-hazard flammable train’’ means a single 

18 train transporting 20 or more tank cars loaded with 

19 a Class 3 flammable liquid in a continuous block or 

20 a single train transporting 35 or more tank cars 

21 loaded with a Class 3 flammable liquid throughout 

22 the train consist. 

23 (6) TRAIN CONSIST.—The term ‘‘train consist’’ 

24 includes, with regard to a specific train, the number 
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1 of rail cars and the commodity transported by each 

2 rail car. 

3 (c) SAVINGS CLAUSE.— 

4 (1) Nothing in this section may be construed to 

5 prohibit a Class I railroad from voluntarily entering 

6 into a memorandum of understanding, as described 

7 in subsection (a)(1)(B), with a State emergency re8 sponse commission or an entity representing or in9 cluding first responders, emergency response officials, 

10 and law enforcement personnel. 

11 (2) Nothing in this section may be construed to 

12 amend any requirement for a railroad to provide a 

13 State Emergency Response Commission, for each 

14 State in which it operates trains transporting 

15 1,000,000 gallons or more of Bakken crude oil, notifi16 cation regarding the expected movement of such trains 

17 through the counties in the State. 

18 SEC. 35432. THERMAL BLANKETS. 

19 (a) REQUIREMENTS.—Not later than 180 days after 

20 the date of enactment of this Act, the Secretary shall pro21 mulgate such regulations as are necessary to require each 

22 tank car built to meet the DOT–117 specification and each 

23 non-jacketed tank car modified to meet the DOT–117R spec24 ification— 

25 (1) to be equipped with a thermal blanket; or 
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† HR 22 EAS 

1 (2) to have sufficient thermal resistance so that 

2 there will be no release of any lading within the tank 

3 car, except release through the pressure relief device, 

4 when subjected to a pool fire for 200 minutes and a 

5 torch fire for 30 minutes. 

6 (b) DEFINITION OF THERMAL BLANKET.—In this sec7 tion, the term ‘‘thermal blanket’’ means an insulating blan8 ket that is applied between the outer surface of a tank car 

9 tank and the inner surface of a tank car jacket and that 

10 has thermal conductivity no greater than 2.65 Btu per inch, 

11 per hour, per square foot, and per degree Fahrenheit at a 

12 temperature of 2000 degrees Fahrenheit, plus or minus 100 

13 degrees Fahrenheit. 

14 (c) SAVINGS CLAUSE.— 

15 (1) PRESSURE RELIEF DEVICES.—Nothing in 

16 this section may be construed to affect or prohibit any 

17 requirement to equip with appropriately sized pres18 sure relief devices a tank car built to meet the DOT– 

19 117 specification or a non-jacketed tank car modified 

20 to meet the DOT–117R specification. 

21 (2) HARMONIZATION.—Nothing in this section 

22 may be construed to require or allow the Secretary to 

23 prescribe an implementation deadline or authoriza24 tion end date for the requirement under subsection (a) 

25 that is earlier than the applicable implementation 
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1 deadline or authorization end date for other tank car 

2 modifications necessary to meet the DOT–117R speci3 fication. 

4 SEC. 35433. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 

5 (a) REQUIREMENTS.—Not later than 120 days after 

6 the date of enactment of this Act, the Secretary shall issue 

7 a notice of proposed rulemaking to require each railroad 

8 carrier transporting a Class 3 flammable liquid to main9 tain a comprehensive oil spill response plan. 

10 (b) CONTENTS.—The regulations under subsection (a) 

11 shall require each rail carrier described in that subsection— 

12 (1) to include in the comprehensive oil spill re13 sponse plan procedures and resources for responding, 

14 to the maximum extent practicable, to a worst-case 

15 discharge; 

16 (2) to ensure the comprehensive oil spill response 

17 plan is consistent with the National Contingency 

18 Plan and each applicable Area Contingency Plan; 

19 (3) to include in the comprehensive oil spill re20 sponse plan appropriate notification and training 

21 procedures; 

22 (4) to review and update its comprehensive oil 

23 spill response plan as appropriate; and 

24 (5) to provide the comprehensive oil spill re25 sponse plan for acceptance by the Secretary. 
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1 (c) SAVINGS CLAUSE.—Nothing in the section may be 

2 construed as prohibiting the Secretary from promulgating 

3 different comprehensive oil response plan standards for 

4 Class I, Class II, and Class III railroads. 

5 (d) DEFINITIONS.—In this section: 

6 (1) AREA CONTINGENCY PLAN.—The term ‘‘Area 

7 Contingency Plan’’ has the meaning given the term in 

8 section 311(a) of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1321(a)). 

10 (2) CLASS 3 FLAMMABLE LIQUID.—The term 

11 ‘‘Class 3 flammable liquid’’ has the meaning given the 

12 term in section 173.120(a) of title 49, Code of Federal 

13 Regulations. 

14 (3) CLASS I RAILROAD, CLASS II RAILROAD, AND

15 CLASS III RAILROAD.—The terms ‘‘Class I railroad’’, 

16 ‘‘Class II railroad’’ and ‘‘Class III railroad’’ have the 

17 meanings given the terms in section 20102 of title 49, 

18 United States Code. 

19 (4) NATIONAL CONTINGENCY PLAN.—The term 

20 ‘‘National Contingency Plan’’ has the meaning given 

21 the term in section 1001 of the Oil Pollution Act of 

22 1990 (33 U.S.C. 2701). 

23 (5) RAILROAD CARRIER.—The term ‘‘railroad 

24 carrier’’ has the meaning given the term in section 

25 20102 of title 49, United States Code. 
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1 (6) WORST-CASE DISCHARGE.—The term ‘‘worst2 case discharge’’ means a railroad carrier’s calculation 

3 of its largest foreseeable discharge in the event of an 

4 accident or incident. 

5 SEC. 35434. HAZARDOUS MATERIALS BY RAIL LIABILITY 

6 STUDY. 

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

8 date of enactment of this Act, the Secretary shall initiate 

9 a study on the levels and structure of insurance for a rail10 road carrier transporting hazardous materials. 

11 (b) CONTENTS.—In conducting the study under sub12 section (a), the Secretary shall evaluate— 

13 (1) the level and structure of insurance, includ14 ing self-insurance, available in the private market 

15 against the full liability potential for damages arising 

16 from an accident or incident involving a train trans17 porting hazardous materials; 

18 (2) the level and structure of insurance that 

19 would be necessary and appropriate— 

20 (A) to efficiently allocate risk and financial 

21 responsibility for claims; and 

22 (B) to ensure that a railroad carrier trans23 porting hazardous materials can continue to op24 erate despite the risk of an accident or incident; 
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1 (3) the potential applicability to trains trans2 porting hazardous materials of— 

3 (A) a liability regime modeled after section 

4 170 of the Atomic Energy Act of 1954, as 

5 amended (42 U.S.C. 2210); and 

6 (B) a liability regime modeled after subtitle 

7 2 of title XXI of the Public Health Service Act 

8 (42 U.S.C. 300aa–10 et seq.). 

9 (c) REPORT.—Not later than 1 year after the date the 

10 study under subsection (a) is initiated, the Secretary shall 

11 submit a report containing the results of the study and rec12 ommendations for addressing liability issues with rail 

13 transportation of hazardous materials to— 

14 (1) the Committee on Commerce, Science, and 

15 Transportation of the Senate; and 

16 (2) the Committee on Transportation and Infra17 structure of the House of Representatives. 

18 (d) DEFINITIONS.—In this section: 

19 (1) HAZARDOUS MATERIAL.—The term ‘‘haz20 ardous material’’ means a substance or material the 

21 Secretary designates under section 5103(a) of title 49, 

22 United States Code. 

23 (2) RAILROAD CARRIER.—The term ‘‘railroad 

24 carrier’’ has the meaning given the term in section 

25 20102 of title 49, United States Code. 
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1 SEC. 35435. STUDY AND TESTING OF ELECTRONICALLY2 CONTROLLED PNEUMATIC BRAKES. 

3 (a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 

4 (1) IN GENERAL.—The Government Account5 ability Office shall complete an independent evalua6 tion of ECP brake systems pilot program data and 

7 the Department of Transportation’s research and 

8 analysis on the effects of ECP brake systems. 

9 (2) STUDY ELEMENTS.—In completing the inde10 pendent evaluation under paragraph (1), the Govern11 ment Accountability Office shall examine the fol12 lowing 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 chal24 lenges, including the effects of potential loco25 motive and car segregation, technical reliability 

26 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) DEADLINE.—Not later than 18 months after 

9 the date of enactment of this Act, the Government Ac10 countability Office shall transmit to the Committee on 

11 Commerce, Science, and Transportation of the Senate 

12 and the Committee on Transportation and Infrastruc13 ture of the House of Representatives a report on the 

14 results of the independent evaluation under para15 graph (1). 

16 (b) EMERGENCY BRAKING APPLICATION TESTING.— 

17 (1) IN GENERAL.—The Secretary of Transpor18 tation shall enter into an agreement with the NCRRP 

19 Board— 

20 (A) to complete testing of ECP brake sys21 tems during emergency braking application, in22 cluding more than 1 scenario involving the un23 coupling of a train with 70 or more DOT–117- 

24 specification or DOT–117R-specification tank 

25 cars; and 
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1 (B) to transmit, not later than 18 months 

2 after the date of enactment of this Act, to the 

3 Committee on Commerce, Science, and Transpor4 tation of the Senate and the Committee on 

5 Transportation and Infrastructure of the House 

6 of Representatives a report on the results of the 

7 testing. 

8 (2) INDEPENDENT EXPERTS.—In completing the 

9 testing under paragraph (1), the NCRRP Board may 

10 contract with 1 or more engineering or rail experts, 

11 as appropriate, with relevant experience in con12 ducting railroad safety technology tests or similar 

13 crash tests. 

14 (3) TESTING FRAMEWORK.—In completing the 

15 testing under paragraph (1), the NCRRP Board and 

16 each contractor described in paragraph (2) shall en17 sure that the testing objectively, accurately, and reli18 ably measures the performance of ECP brake systems 

19 relative to other braking technologies or systems, such 

20 as distributed power and 2-way end-of-train devices, 

21 including differences in— 

22 (A) the number of cars derailed; 

23 (B) the number of cars punctured; 

24 (C) the measures of in-train forces; and 

25 (D) the stopping distance. 
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1 (4) FUNDING.—The Secretary shall require, as 

2 part of the agreement under paragraph (1), that the 

3 NCRRP Board fund the testing required under this 

4 section— 

5 (A) using such sums made available under 

6 section 24910 of title 49, United States Code; 

7 and 

8 (B) to the extent funding under subpara9 graph (A) is insufficient or unavailable to fund 

10 the testing required under this section, using 

11 such sums as are necessary from the amounts 

12 appropriated to the Office of the Secretary. 

13 (5) EQUIPMENT.—The NCRRP Board and each 

14 contractor described in paragraph (2) may receive or 

15 use rolling stock, track, and other equipment or infra16 structure from a private entity for the purposes of 

17 conducting the testing required under this section. 

18 (c) EVIDENCE-BASED APPROACH.— 

19 (1) ANALYSIS.—The Secretary shall— 

20 (A) not later than 90 days after the report 

21 date, fully incorporate and reflect the findings 

22 from both reports into a draft updated regu23 latory impact analysis of the effects of the appli24 cable ECP brake system requirements; 
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1 (B) as soon as practicable after completion 

2 of the draft updated analysis under subpara3 graph (A), solicit public comment on the anal4 ysis for a period of not more than 30 days; and 

5 (C) not later than 60 days after the end of 

6 the public comment period, post the final up7 dated regulatory impact analysis on the Depart8 ment of Transportation Web site. 

9 (2) DETERMINATION.—Not later than 180 days 

10 after the report date, the Secretary shall— 

11 (A) determine, based on whether the final 

12 regulatory impact analysis described in para13 graph (1)(C) demonstrates that the benefits, in14 cluding safety benefits, of the applicable ECP 

15 brake system requirements exceed their costs, 

16 whether the applicable ECP brake system re17 quirements are justified; and 

18 (B)(i) if the applicable ECP brake system 

19 requirements are justified, publish in the Federal 

20 Register the determination with the reasons for 

21 it; or 

22 (ii) if the Secretary does not publish the de23 termination under clause (i), repeal the applica24 ble ECP brake system requirements. 

25 (d) DEFINITIONS.—In this section: 
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1 (1) APPLICABLE ECP BRAKE SYSTEM REQUIRE2 MENTS.—The term ‘‘applicable brake system require3 ments’’ means sections 174.310(a)(3)(ii), 

4 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.102–10, 

5 179.202–12(g), and 179.202–13(i) of title 49, Code of 

6 Federal Regulations, and any other regulation in ef7 fect on the date of enactment of this Act requiring the 

8 installation of ECP brakes or operation in ECP brake 

9 mode. 

10 (2) CLASS 3 FLAMMABLE LIQUID.—The term 

11 ‘‘Class 3 flammable liquid’’ has the meaning given the 

12 term in section 173.120(a) of title 49, Code of Federal 

13 Regulations. 

14 (3) ECP.—The term ‘‘ECP’’ means electroni15 cally-controlled pneumatic when applied to a brake or 

16 brakes. 

17 (4) ECP BRAKE MODE.—The term ‘‘ECP brake 

18 mode’’ includes any operation of a rail car or an en19 tire train using an ECP brake system. 

20 (5) ECP BRAKE SYSTEM.— 

21 (A) IN GENERAL.—The term ‘‘ECP brake 

22 system’’ means a train power braking system ac23 tuated by compressed air and controlled by elec24 tronic signals from the locomotive or an ECP– 

25 EOT to the cars in the consist for service and 
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† HR 22 EAS 

1 emergency applications in which the brake pipe 

2 is used to provide a constant supply of com3 pressed air to the reservoirs on each car but does 

4 not convey braking signals to the car. 

5 (B) INCLUSIONS.—The term ‘‘ECP brake 

6 system’’ includes dual mode and stand-alone 

7 ECP brake systems. 

8 (6) HIGH-HAZARD FLAMMABLE UNIT TRAIN.— 

9 The term ‘‘high-hazard flammable unit train’’ means 

10 a single train transporting 70 or more loaded tank 

11 cars containing Class 3 flammable liquid. 

12 (7) NCRRP BOARD.—The term ‘‘NCRRP 

13 Board’’ means the independent governing board of the 

14 National Cooperative Rail Research Program. 

15 (8) RAILROAD CARRIER.—The term ‘‘railroad 

16 carrier’’ has the meaning given the term in section 

17 20102 of title 49, United States Code. 

18 (9) REPORT DATE.—The term ‘‘report date’’ 

19 means the date that both the report under subsection 

20 (a)(3) and the report under subsection (b)(1)(B) have 

21 been transmitted under those subsections. 

22 SEC. 35436. RECORDING DEVICES. 

23 (a) IN GENERAL.—Subchapter II of chapter 201 is 

24 amended by adding after section 20167 the following: 
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1 ‘‘§ 20168. Installation of audio and image recording 

2 devices 

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

4 date of enactment of the Railroad Reform, Enhancement, 

5 and Efficiency Act, the Secretary of Transportation shall 

6 promulgate regulations to require each rail carrier that pro7 vides regularly scheduled intercity rail passenger or com8 muter rail passenger transportation to the public to install 

9 inward- and outward-facing image recording devices in all 

10 controlling locomotive cabs and cab car operating compart11 ments in such passenger trains. 

12 ‘‘(b) DEVICE STANDARDS.—Each inward- and out13 ward-facing image recording device shall— 

14 ‘‘(1) have a minimum 12-hour continuous re15 cording capability; 

16 ‘‘(2) have crash and fire protections for any in17 cab image recordings that are stored only within a 

18 controlling locomotive cab or cab car operating com19 partment; and 

20 ‘‘(3) have recordings accessible for review during 

21 an accident investigation. 

22 ‘‘(c) REVIEW.—The Secretary shall establish a process 

23 to review and approve or disapprove an inward- or out24 ward-facing recording device for compliance with the stand25 ards described in subsection (b). 
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1 ‘‘(d) USES.—A rail carrier that has installed an 

2 inward- or outward-facing image recording device approved 

3 under subsection (c) may use recordings from that inward4 or outward-facing image recording device for the following 

5 purposes: 

6 ‘‘(1) Verifying that train crew actions are in ac7 cordance with applicable safety laws and the rail car8 rier’s operating rules and procedures. 

9 ‘‘(2) Assisting in an investigation into the cau10 sation of a reportable accident or incident. 

11 ‘‘(3) Carrying out efficiency testing and system12 wide performance monitoring programs. 

13 ‘‘(4) Documenting a criminal act or monitoring 

14 unauthorized occupancy of the controlling locomotive 

15 cab or car operating compartment. 

16 ‘‘(5) Other purposes that the Secretary considers 

17 appropriate. 

18 ‘‘(e) VOLUNTARY IMPLEMENTATION.— 

19 ‘‘(1) IN GENERAL.—Each rail carrier operating 

20 freight rail service may implement any inward- or 

21 outward-facing image recording devices approved 

22 under subsection (c). 

23 ‘‘(2) AUTHORIZED USES.—Notwithstanding any 

24 other provision of law, each rail carrier may use re25 cordings from an inward- or outward-facing image 
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1 recording device approved under subsection (c) for 

2 any of the purposes described in subsection (d). 

3 ‘‘(f) DISCRETION.— 

4 ‘‘(1) IN GENERAL.—The Secretary may— 

5 ‘‘(A) require in-cab audio recording devices 

6 for the purposes described in subsection (d); and 

7 ‘‘(B) define in appropriate technical detail 

8 the essential features of the devices required 

9 under subparagraph (A). 

10 ‘‘(2) EXEMPTIONS.—The Secretary may exempt 

11 any rail passenger carrier or any part of a rail pas12 senger carrier’s operations from the requirements 

13 under subsection (a) if the Secretary determines that 

14 the rail passenger carrier has implemented an alter15 native technology or practice that provides an equiva16 lent or greater safety benefit or is better suited to the 

17 risks of the operation. 

18 ‘‘(g) TAMPERING.—A rail carrier may take appro19 priate enforcement or administrative action against any 

20 employee that tampers with or disables an audio or inward21 or outward-facing image recording device installed by the 

22 rail carrier. 

23 ‘‘(h) PRESERVATION OF DATA.—Each rail passenger 

24 carrier subject to the requirements of subsection (a) shall 
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1 preserve recording device data for 1 year after the date of 

2 a reportable accident or incident. 

3 ‘‘(i) INFORMATION PROTECTIONS.—The Secretary may 

4 not disclose publicly any part of an in-cab audio or image 

5 recording or transcript of oral communications by or 

6 among train employees or other operating employees re7 sponsible for the movement and direction of the train, or 

8 between such operating employees and company commu9 nication centers, related to an accident investigated by the 

10 Secretary. However, the Secretary shall make public any 

11 part of a transcript or any written depiction of visual in12 formation that the Secretary decides is relevant to the acci13 dent at the time a majority of the other factual reports on 

14 the accident are released to the public. 

15 ‘‘(j) PROHIBITED USE.—An in-cab audio or image re16 cording obtained by a rail carrier under this section may 

17 not be used to retaliate against an employee. 

18 ‘‘(k) SAVINGS CLAUSE.—Nothing in this section may 

19 be construed as requiring a rail carrier to cease or restrict 

20 operations upon a technical failure of an inward- or out21 ward-facing image recording device. Such rail carrier shall 

22 repair or replace the failed inward- or outward-facing 

23 image recording device as soon as practicable.’’. 
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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 for subchapter II of chapter 201 is amended by adding at 

3 the end the following: 

‘‘20168. Installation of audio and image recording devices.’’. 

4 SEC. 35437. RAIL PASSENGER TRANSPORTATION LIABILITY. 

5 (a) LIMITATIONS.—Section 28103(a) is amended— 

6 (1) in paragraph (2), by striking 

7 ‘‘$200,000,000’’ and inserting ‘‘$295,000,000, except 

8 as provided in paragraph (3).’’; and 

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

10 ‘‘(3) The liability cap under paragraph (2) shall 

11 be adjusted every 5 years by the Secretary of Trans12 portation to reflect changes in the Consumer Price 

13 Index-All Urban Consumers. 

14 ‘‘(4) The Federal Government shall have no fi15 nancial responsibility for any claims described in 

16 paragraph (2).’’. 

17 (b) DEFINITION OF RAIL PASSENGER TRANSPOR18 TATION.—Section 28103(e) is amended— 

19 (1) in the heading, by striking ‘‘DEFINITION.— 

20 ’’ and inserting ‘‘DEFINITIONS.—’’; 

21 (2) in paragraph (2), by striking ‘‘; and’’ and 

22 inserting a semicolon; 

23 (3) in paragraph (3), by striking the period at 

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

25 (4) by adding at the end the following: 
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1 ‘‘(4) the term ‘rail passenger transportation’ in2 cludes commuter rail passenger transportation (as de3 fined in section 24102).’’. 

4 (c) PROHIBITION.—No Federal funds may be appro5 priated for the purpose of paying for the portion of an in6 surance premium attributable to the increase in allowable 

7 awards under the amendments made by subsection (a). 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall be effective for any passenger rail acci10 dent or incident occurring on or after May 12, 2015. 

11 SEC. 35438. MODIFICATION REPORTING. 

12 (a) IN GENERAL.—Not later than 1 year after the date 

13 of enactment of this Act, the Secretary shall implement a 

14 reporting requirement to monitor industry-wide progress 

15 toward modifying tank cars used in high-hazard flammable 

16 train service by the applicable deadlines or authorization 

17 end dates set in regulation. 

18 (b) TANK CAR DATA.—The Secretary shall collect data 

19 from shippers and tank car owners on— 

20 (1) the total number of tank cars modified to 

21 meet the DOT–117R specification, or equivalent, 

22 specifying— 

23 (A) the type or specification of each tank 

24 car before it was modified, including non-jack25 eted DOT–111, jacketed DOT–111, non-jacketed 
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1 DOT–111 meeting the CPC–1232 standard, or 

2 jacketed DOT–111 meeting the CPC–1232 stand3 ard; and 

4 (B) the identification number of each Class 

5 3 flammable liquid carried by each tank car in 

6 the past year; 

7 (2) the total number of tank cars built to meet 

8 the DOT–117 specification, or equivalent; and 

9 (3) the total number of tank cars used or likely 

10 to be used in high-hazard flammable train service 

11 that have not been modified, specifying— 

12 (A) the type or specification of each tank 

13 car not modified, including the non-jacketed 

14 DOT–111, jacketed DOT–111, non-jacketed 

15 DOT–111 meeting the CPC–1232 standard, or 

16 jacketed DOT–111 meeting the CPC–1232 stand17 ard; and 

18 (B) the identification number of each Class 

19 3 flammable liquid carried by each tank car in 

20 the past year. 

21 (c) TANK CAR SHOP DATA.—The Secretary shall con22 duct a survey of tank car facilities modifying tank cars to 

23 the DOT–117R specification, or equivalent, or building new 

24 tank cars to the DOT–117 specification, or equivalent, to 

25 generate statistically-valid estimates of the expected number 
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1 of tank cars those facilities expect to modify to DOT–117R 

2 specification, or equivalent, or build to the DOT–117 speci3 fication, or equivalent. 

4 (d) FREQUENCY.—The Secretary shall collect the data 

5 under subsection (b) and conduct the survey under sub6 section (c) annually until May 1, 2025. 

7 (e) INFORMATION PROTECTIONS.— 

8 (1) IN GENERAL.—The Secretary shall only re9 port data in industry-wide totals and shall treat com10 pany-specific information as confidential business in11 formation. 

12 (2) LEVEL OF CONFIDENTIALITY.—The Secretary 

13 shall ensure the data collected under subsection (b) 

14 and the survey data under subsection (c) have the 

15 same level of confidentiality as contained in the Con16 fidential Information Protection and Statistical Effi17 ciency Act of 2002 (44 U.S.C. 3501 note), as adminis18 tered by the Bureau of Transportation Statistics. 

19 (3) DESIGNEE.—The Secretary may designate 

20 the Director of the Bureau of Transportation Statis21 tics to collect data under subsection (b) and the sur22 vey data under subsection (c) and direct the Director 

23 to ensure the confidentially of company-specific infor24 mation to the maximum extent permitted by law. 
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1 (f) REPORT.—Each year, not later than 60 days after 

2 the date that both the collection of the data under subsection 

3 (b) and the survey under subsection (c) are complete, the 

4 Secretary shall report on the aggregate results, without com5 pany-specific information, to— 

6 (1) the Committee on Commerce, Science, and 

7 Transportation of the Senate; and 

8 (2) the Committee on Transportation and Infra9 structure of the House of Representatives. 

10 (g) DEFINITIONS.—In this section: 

11 (1) CLASS 3 FLAMMABLE LIQUID.—The term 

12 ‘‘Class 3 flammable liquid’’ has the meaning given the 

13 term in section 173.120(a) of title 49, Code of Federal 

14 Regulations. 

15 (2) HIGH-HAZARD FLAMMABLE TRAIN.—The 

16 term ‘‘high-hazard flammable train’’ means a single 

17 train transporting 20 or more tank cars loaded with 

18 a Class 3 flammable liquid in a continuous block or 

19 a single train transporting 35 or more tank cars 

20 loaded with a Class 3 flammable liquid throughout 

21 the train consist. 

22 SEC. 35439. REPORT ON CRUDE OIL CHARACTERISTICS RE23 SEARCH STUDY. 

24 Not later than 180 days after the research completion 

25 of the comprehensive Crude Oil Characteristics Research 
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1 Sampling, Analysis, and Experiment (SAE) Plan study at 

2 Sandia National Laboratories, the Secretary of Energy, in 

3 cooperation with the Secretary of Transportation, shall sub4 mit a report to the Committee on Commerce, Science, and 

5 Transportation of the Senate, the Committee on Energy and 

6 Natural Resources of the Senate, the Committee on Trans7 portation and Infrastructure of the House of Representa8 tives, and the Committee on Energy and Commerce of the 

9 House of Representatives that contains— 

10 (1) the results of the comprehensive Crude Oil 

11 Characteristics Research Sampling, Analysis, and 

12 Experiment (SAE) Plan study; and 

13 (2) recommendations, based on the findings of 

14 the study, for— 

15 (A) regulations that should be prescribed by 

16 the Secretary of Transportation or the Secretary 

17 of Energy to improve the safe transport of crude 

18 oil; and 

19 (B) statutes that should be enacted by Con20 gress to improve the safe transport of crude oil. 

21 PART IV—POSITIVE TRAIN CONTROL 

22 SEC. 35441. COORDINATION OF SPECTRUM. 

23 (a) ASSESSMENT.—The Secretary, in coordination 

24 with the Chairman of the Federal Communications Com25 mission, shall assess spectrum needs and availability for 
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1 implementing positive train control systems (as defined in 

2 section 20157(i)(3) of title 49, United States Code). The 

3 Secretary and the Chairman may consult with external 

4 stakeholders in carrying out this section. 

5 (b) REPORT.—Not later than 120 days after the date 

6 of enactment of this Act, the Secretary shall submit a report 

7 to the Committee on Commerce, Science, and Transpor8 tation of the Senate and the Committee on Transportation 

9 and Infrastructure of the House of Representatives that con10 tains the results of the assessment conducted under sub11 section (a). 

12 SEC. 35442. UPDATED PLANS. 

13 (a) IMPLEMENTATION.—Section 20157(a) is amended 

14 to read as follows: 

15 ‘‘(a) IMPLEMENTATION.— 

16 ‘‘(1) PLAN REQUIRED.—Each Class I railroad 

17 carrier and each entity providing regularly scheduled 

18 intercity or commuter rail passenger transportation 

19 shall develop and submit to the Secretary of Trans20 portation a plan for implementing a positive train 

21 control system by December 31, 2015, governing oper22 ations on— 

23 ‘‘(A) its main line over which intercity rail 

24 passenger transportation or commuter rail pas-
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† HR 22 EAS 

1 senger transportation (as defined in section 

2 24102) is regularly provided; 

3 ‘‘(B) its main line over which poison- or 

4 toxic-by-inhalation hazardous materials (as de5 fined in sections 171.8, 173.115, and 173.132 of 

6 title 49, Code of Federal Regulations) are trans7 ported; and 

8 ‘‘(C) such other tracks as the Secretary may 

9 prescribe by regulation or order. 

10 ‘‘(2) INTEROPERABILITY AND PRIORITIZATION.— 

11 The plan shall describe how the railroad carrier or 

12 other entity subject to paragraph (1) will provide for 

13 interoperability of the positive train control systems 

14 with movements of trains of other railroad carriers 

15 over its lines and shall, to the extent practical, imple16 ment the positive train control systems in a manner 

17 that addresses areas of greater risk before areas of 

18 lesser risk. 

19 ‘‘(3) SECRETARIAL REVIEW OF UPDATED

20 PLANS.— 

21 ‘‘(A) SUBMISSION OF UPDATED PLANS.— 

22 Notwithstanding the deadline set forth in para23 graph (1), not later than 90 days after the date 

24 of enactment of the Railroad Reform, Enhance25 ment, and Efficiency Act, each Class I railroad 
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† HR 22 EAS 

1 carrier or other entity subject to paragraph (1) 

2 may submit to the Secretary an updated plan 

3 that amends the plan submitted under para4 graph (1) with an updated implementation 

5 schedule (as described in paragraph (4)(B)) and 

6 milestones or metrics (as described in paragraph 

7 (4)(A)) that demonstrate that the railroad car8 rier or other entity will implement a positive 

9 train control system as soon as practicable, if 

10 implementing in accordance with the updated 

11 plan will not introduce operational challenges or 

12 risks to full, successful, and safe implementation. 

13 ‘‘(B) REVIEW OF UPDATED PLANS.—Not 

14 later than 150 days after receiving an updated 

15 plan under subparagraph (A), the Secretary 

16 shall review the updated plan and approve or 

17 disapprove it. In determining whether to ap18 prove or disapprove the updated plan, the Sec19 retary shall consider whether the railroad carrier 

20 or other entity submitting the plan— 

21 ‘‘(i)(I) has encountered technical or 

22 programmatic challenges identified by the 

23 Secretary in the 2012 report transmitted to 

24 Congress pursuant to subsection (d); and 
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1 ‘‘(II) the challenges referred to in sub2 clause (I) have negatively affected the suc3 cessful implementation of positive train 

4 control systems; 

5 ‘‘(ii) has demonstrated due diligence in 

6 its effort to implement a positive train con7 trol system; 

8 ‘‘(iii) has included in its plan mile9 stones or metrics that demonstrate the rail10 road carrier or other entity will implement 

11 a positive train control system as soon as 

12 practicable, if implementing in accordance 

13 with the milestones or metrics will not in14 troduce operational challenges or risks to 

15 full, successful, and safe implementation; 

16 and 

17 ‘‘(iv) has set an implementation sched18 ule in its plan that shows the railroad will 

19 comply with paragraph (7), if imple20 menting in accordance with the implemen21 tation schedule will not introduce oper22 ational challenges or risks to full, successful, 

23 and safe implementation. 

24 ‘‘(C) MODIFICATION OF UPDATED PLANS.— 

25 (i) If the Secretary has not approved an updated 
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† HR 22 EAS 

1 plan under subparagraph (B) within 60 days of 

2 receiving the updated plan under subparagraph 

3 (A), the Secretary shall immediately— 

4 ‘‘(I) provide a written response to the 

5 railroad carrier or other entity that identi6 fies the reason for not approving the up7 dated plan and explains any incomplete or 

8 deficient items; 

9 ‘‘(II) allow the railroad carrier or 

10 other entity to submit, within 30 days of re11 ceiving the written response under subclause 

12 (I), a modified version of the updated plan 

13 for the Secretary’s review; and 

14 ‘‘(III) approve or issue final dis15 approval for a modified version of the up16 dated plan submitted under subclause (II) 

17 not later than 60 days after receipt. 

18 ‘‘(ii) During the 60-day period described in 

19 clause (i)(III), the railroad or other entity that 

20 has submitted a modified version of the updated 

21 plan under clause (i)(II) may make additional 

22 modifications, if requested by the Secretary, for 

23 the purposes of correcting incomplete or deficient 

24 items to receive approval. 
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1 ‘‘(D) PUBLIC AVAILABILITY.—Not later than 

2 30 days after approving an updated plan under 

3 this paragraph, the Secretary shall make the up4 dated plan available on the website of the Fed5 eral Railroad Administration. 

6 ‘‘(E) PENDING REVIEWS.—For an applicant 

7 that submits an updated plan under subpara8 graph (A), the Secretary shall extend the dead9 line for implementing a positive train control 

10 system at least until the date the Secretary ap11 proves or issues final disapproval for the up12 dated plan with an updated implementation 

13 schedule (as described in paragraph (4)(B)). 

14 ‘‘(F) DISAPPROVAL.—A railroad carrier or 

15 other entity that has its modified version of its 

16 updated plan disapproved by the Secretary 

17 under subparagraph (C)(i)(III), and that has 

18 not implemented a positive train control system 

19 by the deadline in subsection (a)(1), is subject to 

20 enforcement action authorized under subsection 

21 (e). 

22 ‘‘(4) CONTENTS OF UPDATED PLAN.— 

23 ‘‘(A) MILESTONES OR METRICS.—Each up24 dated plan submitted under paragraph (3) shall 

25 describe the following milestones or metrics: 
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1 ‘‘(i) The total number of components 

2 that will be installed with positive train 

3 control by the end of each calendar year 

4 until positive train control is fully imple5 mented, with totals separated by each com6 ponent category. 

7 ‘‘(ii) The number of employees that 

8 will receive the training, as required under 

9 the applicable positive train control system 

10 regulations, by the end of each calendar 

11 year until positive train control is fully im12 plemented. 

13 ‘‘(iii) The calendar year or years in 

14 which spectrum will be acquired and will be 

15 available for use in all areas that it is need16 ed for positive train control implementa17 tion, if such spectrum is not already ac18 quired and ready for use. 

19 ‘‘(B) IMPLEMENTATION SCHEDULE.—Each 

20 updated plan submitted under paragraph (3) 

21 shall include an implementation schedule that 

22 identifies the dates by which the railroad carrier 

23 or other entity will— 

24 ‘‘(i) fully implement a positive train 

25 control system; 
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1 ‘‘(ii) complete all component installa2 tion, consistent with the milestones or 

3 metrics described in subparagraph (A)(i); 

4 ‘‘(iii) complete all employee training 

5 required under the applicable positive train 

6 control system regulations, consistent with 

7 the milestones or metrics described in sub8 paragraph (A)(ii); 

9 ‘‘(iv) acquire all necessary spectrum, 

10 consistent with the milestones or metrics in 

11 subparagraph (A)(iii); and 

12 ‘‘(v) activate its positive train control 

13 system. 

14 ‘‘(C) ADDITIONAL INFORMATION.—Each up15 dated plan submitted under paragraph (3) shall 

16 include— 

17 ‘‘(i) the total number of positive train 

18 control components required for implemen19 tation, with totals separated by each major 

20 component category; 

21 ‘‘(ii) the total number of employees re22 quiring training under the applicable posi23 tive train control system regulations; 
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1 ‘‘(iii) a summary of the remaining 

2 challenges to positive train control system 

3 implementation, including— 

4 ‘‘(I) testing issues; 

5 ‘‘(II) interoperability challenges; 

6 ‘‘(III) permitting issues; and 

7 ‘‘(IV) certification challenges. 

8 ‘‘(D) DEFINED TERM.—In this paragraph, 

9 the term ‘component’ means a locomotive appa10 ratus, a wayside interface unit (including any 

11 associated legacy signal system replacements), 

12 back office system hardware, a base station 

13 radio, a wayside radio, or a locomotive radio. 

14 ‘‘(5) PLAN IMPLEMENTATION.—The Class I rail15 road carrier or other entity subject to paragraph (1) 

16 shall implement a positive train control system in ac17 cordance with its plan, including any amendments 

18 made to the plan by its updated plan approved by the 

19 Secretary under paragraph (3), and subject to section 

20 35443 of the Railroad Reform, Enhancement, and Ef21 ficiency Act. 

22 ‘‘(6) PROGRESS REPORT.—Each Class I railroad 

23 carrier or other entity with an approved updated 

24 plan shall submit an annual report to the Secretary 
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† HR 22 EAS 

1 that describes the progress made on positive train 

2 control implementation, including— 

3 ‘‘(A) the extent to which the railroad carrier 

4 or other entity met or exceeded the metrics or 

5 milestones described in paragraph (4)(A); 

6 ‘‘(B) the extent to which the railroad carrier 

7 or other entity complied with its implementation 

8 schedule under paragraph (4)(B); and 

9 ‘‘(C) any update to the information pro10 vided under paragraph (4)(C). 

11 ‘‘(7) CONSTRAINT.—Each updated plan shall re12 flect that the railroad carrier or other entity subject 

13 to paragraph (1) will, not later than December 31, 

14 2018— 

15 ‘‘(A) complete component installation and 

16 spectrum acquisition; and 

17 ‘‘(B) activate its positive train control sys18 tem without undue delay.’’. 

19 (b) ENFORCEMENT.—Section 20157(e) is amended to 

20 read as follows: 

21 ‘‘(e) ENFORCEMENT.—The Secretary is authorized to 

22 assess civil penalties pursuant to chapter 213 for the failure 

23 to submit or comply with a plan for implementing positive 

24 train control under subsection (a), including any amend25 ments to the plan made by an updated plan (including 
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† HR 22 EAS 

1 milestones or metrics and an updated implementation 

2 schedule) approved by the Secretary under paragraph (3) 

3 of such subsection, subject to section 35443 of the Railroad 

4 Reform, Enhancement, and Efficiency Act.’’. 

5 (c) DEFINITIONS.—Section 20157(i) is amended— 

6 (1) by redesignating paragraphs (1) through (3) 

7 as paragraphs (2) through (4), respectively; and 

8 (2) by inserting before paragraph (2), as redesig9 nated, the following: 

10 ‘‘(1) ACTIVATE.—The term ‘activate’ means to 

11 initiate the use of a positive train control system in 

12 every subdivision or district where the railroad car13 rier or other entity is prepared to do so safely, reli14 ably, and successfully, and proceed with revenue serv15 ice demonstration as necessary for system testing and 

16 certification, prior to full implementation.’’. 

17 (d) CONFORMING AMENDMENT.—Section 20157(g) is 

18 amended— 

19 (1) by striking ‘‘The Secretary’’ and inserting 

20 the following: 

21 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

23 ‘‘(2) CONFORMING REGULATORY AMENDMENTS.— 

24 Immediately after the date of the enactment of the 
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1 Railroad Reform, Enhancement, and Efficiency Act, 

2 the Secretary— 

3 ‘‘(A) shall remove or revise any references to 

4 specified dates in the regulations or orders im5 plementing this section to the extent necessary to 

6 conform with the amendments made by such Act; 

7 and 

8 ‘‘(B) may not enforce any such date-specific 

9 deadlines or requirements that are inconsistent 

10 with the amendments made by such Act.’’. 

11 (e) SAVINGS PROVISIONS.— 

12 (1) RESUBMISSION OF INFORMATION.—Nothing 

13 in the amendments made by this section may be con14 strued to require a Class I railroad carrier or other 

15 entity subject to section 20157(a) of title 49, United 

16 States Code, to resubmit in its updated plan informa17 tion from its initial implementation plan that is not 

18 changed or affected by the updated plan. The Sec19 retary shall consider an updated plan submitted pur20 suant to paragraph (3) of that section to be an adden21 dum that makes amendments to the initial implemen22 tation plan. 

23 (2) SUBMISSION OF NEW PLAN.—Nothing in the 

24 amendments made by this section may be construed 

25 to require a Class I railroad carrier or other entity 
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† HR 22 EAS 

1 subject to section 20157(a) of title 49, United States 

2 Code, to submit a new implementation plan pursuant 

3 to the deadline set forth in that section. 

4 (3) APPROVAL.—A railroad carrier or other enti5 ty subject to section 20157(a) of title 49, United 

6 States Code, that has its updated plan, including a 

7 modified version of the updated plan, approved by the 

8 Secretary under subparagraph (B) or subparagraph 

9 (C) of paragraph (3) of that section shall not be re10 quired to implement a positive train control system 

11 by the deadline under paragraph (1) of that section. 

12 SEC. 35443. EARLY ADOPTION AND INTEROPERABILITY. 

13 (a) EARLY ADOPTION.—During the 1-year period be14 ginning on the date on which the last railroad carrier’s or 

15 other entity’s positive train control system, subject to sec16 tion 20157(a) of title 49, United States Code, is certified 

17 by the Secretary under subsection (h) of such section and 

18 implemented on all of that railroad carrier’s or other enti19 ty’s lines required to have operations governed by a positive 

20 train control system, any railroad carrier or other entity 

21 shall not be subject to the operational restrictions set forth 

22 in subpart I of part 236 of title 49, Code of Federal Regula23 tions, that would otherwise apply in the event of a positive 

24 train control system component failure. 
794 

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1 (b) INTEROPERABILITY PROCEDURE.—If multiple 

2 railroad carriers operate on a single railroad line through 

3 a trackage or haulage agreement, each railroad carrier op4 erating on the railroad line shall not be subject to the oper5 ating restrictions set forth in subpart I of part 236 of title 

6 49, Code of Federal Regulations, with respect to the railroad 

7 line, until the Secretary certifies that— 

8 (1) each Class I railroad carrier and each entity 

9 providing regularly scheduled intercity or commuter 

10 rail passenger transportation that operates on the 

11 railroad line is in compliance with its positive train 

12 control requirements under section 20157(a) of title 

13 49, United States Code; 

14 (2) each Class II or Class III railroad that oper15 ates on the railroad line is in compliance with the 

16 applicable regulatory requirements to equip loco17 motives operating in positive train control territory; 

18 and 

19 (3) the implementation of any and all positive 

20 train control systems are interoperable and oper21 ational on the railroad line in conformance with each 

22 approved implementation plan so that each freight 

23 and passenger railroad can operate on the line with 

24 that freight or passenger railroad’s positive train con25 trol equipment. 
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† HR 22 EAS 

1 (c) SMALL RAILROADS.—Not later than 120 days after 

2 the date of the enactment of this Act, the Secretary shall 

3 amend section 236.1006(b)(4)(iii)(B) of title 49, Code of 

4 Federal Regulations (relating to equipping locomotives for 

5 applicable Class II and Class III railroads operating in 

6 positive train control territory) to extend each deadline by 

7 3 years. 

8 (d) ENFORCEMENT.— 

9 (1) IN GENERAL.—Subject to paragraph (2), 

10 nothing in subsection (a) may be construed to pro11 hibit the Secretary from enforcing the metrics and 

12 milestones under section 20157(a)(4)(A) of title 49, 

13 United States Code, as amended by section 35442 of 

14 this Act. 

15 (2) ACTIVATION.—Beginning on the date in 

16 which a railroad carrier or other entity subject to sec17 tion 20157(a) of title 49, United States Code, as 

18 amended by section 35442 of this Act, has activated 

19 its positive train control system, the railroad carrier 

20 or other entity shall not be in violation of its plan, 

21 including its updated plan, approved under this Act 

22 if implementing such plan introduces operational 

23 challenges or risks to full, successful, and safe imple24 mentation. 
796 

† HR 22 EAS 

1 SEC. 35444. POSITIVE TRAIN CONTROL AT GRADE CROSS2 INGS EFFECTIVENESS STUDY. 

3 (a) STUDY.—After the Secretary certifies that each 

4 Class I railroad carrier and each entity providing regularly 

5 scheduled intercity or commuter rail passenger transpor6 tation is in compliance with the positive train control re7 quirements under section 20157(a) of title 49, United States 

8 Code, the Secretary shall enter into an agreement with the 

9 National Cooperative Rail Research Program Board— 

10 (1) to conduct a study of the possible effectiveness 

11 of positive train control and related technologies on 

12 reducing collisions at highway-rail grade crossings; 

13 and 

14 (2) to submit a report containing the results of 

15 the study conducted under paragraph (1) to the Com16 mittee on Commerce, Science, and Transportation of 

17 the Senate and the Committee on Transportation and 

18 Infrastructure of the House of Representatives. 

19 (b) FUNDING.—The Secretary may require, as part of 

20 the agreement under subsection (a), that the National Coop21 erative Rail Research Program Board fund the study re22 quired under this section using such sums as may be nec23 essary out of the amounts made available under section 

24 24910 of title 49, United States Code. 
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1 Subtitle E—Project Delivery 

2 SEC. 35501. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Track, Railroad, 

4 and Infrastructure Network Act’’. 

5 SEC. 35502. PRESERVATION OF PUBLIC LANDS. 

6 (a) HIGHWAYS.—Section 138 of title 23, United States 

7 Code, is amended— 

8 (1) in subsection (b)(2)(A)(i), by inserting ‘‘, 

9 taking into consideration any avoidance, minimiza10 tion, and mitigation or enhancement measures incor11 porated into the program or project’’ after ‘‘historic 

12 site’’; and 

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

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

15 maintenance, rehabilitation, or operation of, railroad or 

16 rail transit lines or elements of such lines, with the excep17 tion of stations, that are in use or were historically used 

18 for the transportation of goods or passengers, shall not be 

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

20 regardless of whether the railroad or rail transit line or ele21 ment of such line is listed on, or eligible for listing on, the 

22 National Register of Historic Places.’’. 

23 (b) TRANSPORTATION PROJECTS.—Section 303 is 

24 amended— 
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† HR 22 EAS 

1 (1) in subsection (c), by striking ‘‘subsection (d)’’ 

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

3 (2) in subsection (d)(2)(A)(i), by inserting ‘‘, 

4 taking into consideration any avoidance, minimiza5 tion, and mitigation or enhancement measures incor6 porated into the program or project’’ after ‘‘historic 

7 site’’; and 

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

9 ‘‘(e) RAIL AND TRANSIT.—Improvements to, or the 

10 maintenance, rehabilitation, or operation of, railroad or 

11 rail transit lines or elements of such lines, with the excep12 tion of stations, that are in use or were historically used 

13 for the transportation of goods or passengers, shall not be 

14 considered a use of an historic site under subsection (c), 

15 regardless of whether the railroad or rail transit line or ele16 ment of such line is listed on, or eligible for listing on, the 

17 National Register of Historic Places.’’. 

18 SEC. 35503. EFFICIENT ENVIRONMENTAL REVIEWS. 

19 (a) IN GENERAL.—Section 304 is amended— 

20 (1) in the heading, by striking ‘‘for 

21 multimodal projects’’ and inserting ‘‘and in22 creasing the efficiency of environmental 

23 reviews’’; and 

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

25 ‘‘(e) EFFICIENT ENVIRONMENTAL REVIEWS.— 
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† HR 22 EAS 

1 ‘‘(1) IN GENERAL.—The Secretary of Transpor2 tation shall apply the project development procedures, 

3 to the greatest extent feasible, described in section 139 

4 of title 23, United States Code, to any rail project 

5 that requires the approval of the Secretary of Trans6 portation under the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.). 

8 ‘‘(2) REGULATIONS AND PROCEDURES.—The Sec9 retary of Transportation shall incorporate such 

10 project development procedures into the agency regu11 lations and procedures pertaining to rail projects. 

12 ‘‘(f) APPLICABILITY OF NEPA DECISIONS.— 

13 ‘‘(1) IN GENERAL.—A Department of Transpor14 tation operating administration may apply a cat15 egorical exclusion designated by another Department 

16 of Transportation operating administration under the 

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.). 

19 ‘‘(2) FINDINGS.—A Department of Transpor20 tation operating administration may adopt, in whole 

21 or in part, another Department of Transportation op22 erating administration’s Record of Decision, Finding 

23 of No Significant Impact, and any associated evalua24 tions, determinations, or findings demonstrating com-
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† HR 22 EAS 

1 pliance with any law related to environmental review 

2 or historic preservation.’’. 

3 SEC. 35504. ADVANCE ACQUISITION. 

4 (a) IN GENERAL.—Chapter 241 is amended by insert5 ing after section 24105 the following— 

6 ‘‘§ 24106. Advance acquisition 

7 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Secretary 

8 may assist a recipient of funding in acquiring right-of-way 

9 and adjacent real property interests before or during the 

10 completion of the environmental reviews for any project re11 ceiving funding under subtitle V of title 49, United States 

12 Code, that may use such property interests if the acquisition 

13 is otherwise permitted under Federal law, and the recipient 

14 requesting Federal funding for the acquisition certifies, with 

15 the concurrence of the Secretary, that— 

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

17 right-of-way or adjacent real property interest; and 

18 ‘‘(2) the acquisition of the right-of-way or adja19 cent real property interest— 

20 ‘‘(A) is for a transportation or transpor21 tation-related purpose; 

22 ‘‘(B) will not cause significant adverse envi23 ronmental impact; 

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

25 alternatives for the proposed project or otherwise 
801 

† HR 22 EAS 

1 influence the decision of the Secretary on any 

2 approval required for the proposed project; 

3 ‘‘(D) does not prevent the lead agency for 

4 the review process from making an impartial de5 cision as to whether to accept an alternative that 

6 is being considered; 

7 ‘‘(E) complies with other applicable Federal 

8 law, including regulations; 

9 ‘‘(F) will be acquired through negotiation 

10 and without the threat of condemnation; and 

11 ‘‘(G) will not result in the elimination or 

12 reduction of benefits or assistance to a displaced 

13 person under the Uniform Relocation Assistance 

14 and Real Property Acquisition Policies Act of 

15 1970 (42 U.S.C. 4601 et seq.) and title VI of the 

16 Civil Rights Act of 1964 (42 U.S.C. 2000d et 

17 seq.). 

18 ‘‘(b) ENVIRONMENTAL REVIEWS.— 

19 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before au20 thorizing any Federal funding for the acquisition of 

21 a real property interest that is the subject of a grant 

22 or other funding under this subtitle, the Secretary 

23 shall complete, if required, the review process under 

24 the National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.) with respect to the acquisition. 
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† HR 22 EAS 

1 ‘‘(2) COMPLETION OF SECTION 106.—An acquisi2 tion of a real property interest involving an historic 

3 site shall not occur unless the section 106 process, if 

4 required, under the National Historic Preservation 

5 Act (54 U.S.C. 306108) is complete. 

6 ‘‘(3) TIMING OF ACQUISITIONS.—A real property 

7 interest acquired under subsection (a) may not be de8 veloped in anticipation of the proposed project until 

9 all required environmental reviews for the project 

10 have been completed.’’. 

11 (b) CONFORMING AMENDMENT.—The table of contents 

12 of chapter 241 is amended by inserting after the item relat13 ing to section 24105 the following: 

‘‘24106. Advance acquisition.’’. 

14 SEC. 35505. RAILROAD RIGHTS-OF-WAY. 

15 Section 306108 of title 54, United States Code, is 

16 amended— 

17 (1) by inserting ‘‘(b) OPPORTUNITY TO COM18 MENT.—’’ before ‘‘The head of the Federal agency 

19 shall afford’’ and indenting accordingly; 

20 (2) in the matter before subsection (b), by insert21 ing ‘‘(a) IN GENERAL.—’’ before ‘‘The head of any 

22 Federal agency having direct’’ and indenting accord23 ingly; and 

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

25 ‘‘(c) EXEMPTION FOR RAILROAD RIGHTS-OF-WAY.— 
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† HR 22 EAS 

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

2 the date of enactment of the Track, Railroad, and In3 frastructure Network Act, the Secretary of Transpor4 tation shall submit a proposed exemption of railroad 

5 rights-of-way from the review under this chapter to 

6 the Council for its consideration, consistent with the 

7 exemption for interstate highways approved on March 

8 10, 2005 (70 Fed. Reg. 11,928). 

9 ‘‘(2) FINAL EXEMPTION.—Not later than 180 

10 days after the date that the Secretary submits the pro11 posed exemption under paragraph (1) to the Council, 

12 the Council shall issue a final exemption of railroad 

13 rights-of-way from review under this chapter, con14 sistent with the exemption for interstate highways ap15 proved on March 10, 2005 (70 Fed. Reg. 11,928).’’. 

16 SEC. 35506. SAVINGS CLAUSE. 

17 Nothing in this title, or any amendment made by this 

18 title, shall be construed as superceding, amending, or modi19 fying the National Environmental Policy Act of 1969 (42 

20 U.S.C. 4321 et seq.) or affect the responsibility of any Fed21 eral officer to comply with or enforce any such statute. 

22 SEC. 35507. TRANSITION. 

23 Nothing in this title, or any amendment made by this 

24 title, shall affect any existing environmental review process, 

25 program, agreement, or funding arrangement approved by 
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† HR 22 EAS 

1 the Secretary under title 49, United States Code, as that 

2 title was in effect on the day preceding the date of enact3 ment of this subtitle. 

4 Subtitle F—Financing 

5 SEC. 35601. SHORT TITLE; REFERENCES. 

6 (a) SHORT TITLE.—This subtitle may be cited as the 

7 ‘‘Railroad Infrastructure Financing Improvement Act’’. 

8 (b) REFERENCES TO THE RAILROAD REVITALIZATION

9 AND REGULATORY REFORM ACT OF 1976.—Except as oth10 erwise expressly provided, wherever in this subtitle an 

11 amendment or repeal is expressed in terms of an amend12 ment to, or repeal of, a section or other provision, the ref13 erence shall be considered to be made to a section or other 

14 provision of the Railroad Revitalization and Regulatory 

15 Reform Act of 1976, as amended (45 U.S.C. 801 et seq.). 

16 SEC. 35602. DEFINITIONS. 

17 Section 501 (45 U.S.C. 821) is amended— 

18 (1) by redesignating paragraph (8) as para19 graph (10); 

20 (2) by redesignating paragraphs (6) and (7) as 

21 paragraphs (7) and (8), respectively; 

22 (3) by inserting after paragraph (5) the fol23 lowing: 
805 

† HR 22 EAS 

1 ‘‘(6) The term ‘investment-grade rating’ means a 

2 rating of BBB minus, Baa 3, bbb minus, BBB(low), 

3 or higher assigned by a rating agency.’’; 

4 (4) by inserting after paragraph (8), as redesig5 nated, the following: 

6 ‘‘(9) The term ‘master credit agreement’ means 

7 an agreement to make 1 or more direct loans or loan 

8 guarantees at future dates for a program of related 

9 projects on terms acceptable to the Secretary.’’; and 

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

11 ‘‘(11) The term ‘project obligation’ means a note, 

12 bond, debenture, or other debt obligation issued by a 

13 borrower in connection with the financing of a 

14 project, other than a direct loan or loan guarantee 

15 under this title. 

16 ‘‘(12) The term ‘railroad’ has the meaning given 

17 the term ‘railroad carrier’ in section 20102 of title 49, 

18 United States Code. 

19 ‘‘(13) The term ‘rating agency’ means a credit 

20 rating agency registered with the Securities and Ex21 change Commission as a nationally recognized statis22 tical rating organization (as defined in section 3(a) 

23 of the Securities Exchange Act of 1934 (15 U.S.C. 

24 78c(a))). 

25 ‘‘(14) The term ‘substantial completion’ means— 
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† HR 22 EAS 

1 ‘‘(A) the opening of a project to passenger 

2 or freight traffic; or 

3 ‘‘(B) a comparable event, as determined by 

4 the Secretary and specified in the direct loan.’’. 

5 SEC. 35603. ELIGIBLE APPLICANTS. 

6 Section 502(a) (45 U.S.C. 822(a)) is amended— 

7 (1) in paragraph (5), by striking ‘‘one railroad; 

8 and’’ and inserting ‘‘1 of the entities described in 

9 paragraph (1), (2), (3), (4), or (6);’’; and 

10 (2) by amending paragraph (6) to read as fol11 lows: 

12 ‘‘(6) solely for the purpose of constructing a rail 

13 connection between a plant or facility and a rail car14 rier, limited option freight shippers that own or oper15 ate a plant or other facility; and’’. 

16 SEC. 35604. ELIGIBLE PURPOSES. 

17 Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended— 

18 (1) in subparagraph (A), by inserting ‘‘, and 

19 costs related to these activities, including pre-con20 struction costs’’ after ‘‘shops’’; 

21 (2) in subparagraph (B), by striking ‘‘subpara22 graph (A); or’’ and inserting ‘‘subparagraph (A) or 

23 (C);’’; 

24 (3) in subparagraph (C), by striking the period 

25 at the end and inserting a semicolon; and 
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† HR 22 EAS 

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

2 ‘‘(D) reimburse planning and design ex3 penses relating to projects described in subpara4 graph (A) or (C).’’. 

5 SEC. 35605. PROGRAM ADMINISTRATION. 

6 (a) APPLICATION PROCESSING PROCEDURES.—Sec7 tion 502(i) (45 U.S.C. 822(i)) is amended to read as fol8 lows: 

9 ‘‘(i) APPLICATION PROCESSING PROCEDURES.— 

10 ‘‘(1) APPLICATION STATUS NOTICES.—Not later 

11 than 30 days after the date that the Secretary receives 

12 an application under this section, the Secretary shall 

13 provide the applicant written notice as to whether the 

14 application is complete or incomplete. 

15 ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec16 retary determines that an application is incomplete, 

17 the Secretary shall— 

18 ‘‘(A) provide the applicant with a descrip19 tion of all of the specific information or material 

20 that is needed to complete the application; and 

21 ‘‘(B) allow the applicant to resubmit the in22 formation and material described under sub23 paragraph (A) to complete the application. 

24 ‘‘(3) APPLICATION APPROVALS AND DIS25 APPROVALS.— 
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† HR 22 EAS 

1 ‘‘(A) IN GENERAL.—Not later than 60 days 

2 after the date the Secretary notifies an applicant 

3 that an application is complete under paragraph 

4 (1), the Secretary shall provide the applicant 

5 written notice as to whether the Secretary has 

6 approved or disapproved the application. 

7 ‘‘(B) ACTIONS BY THE OFFICE OF MANAGE8 MENT AND BUDGET.—In order to enable compli9 ance with the time limit under subparagraph 

10 (A), the Office of Management and Budget shall 

11 take any action required with respect to the ap12 plication within that 60-day period. 

13 ‘‘(4) EXPEDITED PROCESSING.—The Secretary 

14 shall implement procedures and measures to econo15 mize the time and cost involved in obtaining an ap16 proval or a disapproval of credit assistance under 

17 this title. 

18 ‘‘(5) DASHBOARD.—The Secretary shall post on 

19 the Department of Transportation’s public Web site a 

20 monthly report that includes for each application— 

21 ‘‘(A) the name of the applicant or appli22 cants; 

23 ‘‘(B) the location of the project; 

24 ‘‘(C) a brief description of the project, in25 cluding its purpose; 
809 

† HR 22 EAS 

1 ‘‘(D) the requested direct loan or loan guar2 antee amount; 

3 ‘‘(E) the date on which the Secretary pro4 vided application status notice under paragraph 

5 (1); and 

6 ‘‘(F) the date that the Secretary provided 

7 notice of approval or disapproval under para8 graph (3).’’. 

9 (b) ADMINISTRATION OF DIRECT LOANS AND LOAN

10 GUARANTEES.—Section 503 (45 U.S.C. 823) is amended— 

11 (1) in subsection (a), by striking the period at 

12 the end and inserting ‘‘, including a program guide 

13 and standard term sheet and specific timetables.’’; 

14 (2) by redesignating subsections (c) through (l) 

15 as subsections (d) through (m), respectively; 

16 (3) by striking ‘‘(b) ASSIGNMENT OF LOAN

17 GUARANTEES.—’’ and inserting ‘‘(c) ASSIGNMENT OF

18 LOAN GUARANTEES.—’’; 

19 (4) in subsection (d), as redesignated— 

20 (A) in paragraph (1), by striking ‘‘; and’’ 

21 and inserting a semicolon; 

22 (B) in paragraph (2), by striking the period 

23 at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 
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† HR 22 EAS 

1 ‘‘(3) the modification cost has been covered under 

2 section 502(f).’’; and 

3 (5) by amending subsection (l), as redesignated, 

4 to read as follows: 

5 ‘‘(l) CHARGES AND LOAN SERVICING.— 

6 ‘‘(1) PURPOSES.—The Secretary may collect and 

7 spend from each applicant, obligor, or loan party a 

8 reasonable charge for— 

9 ‘‘(A) the cost of evaluating the application, 

10 amendments, modifications, and waivers, includ11 ing for evaluating project viability, applicant 

12 creditworthiness, and the appraisal of the value 

13 of the equipment or facilities for which the direct 

14 loan or loan guarantee is sought, and for making 

15 necessary determinations and findings; 

16 ‘‘(B) the cost of award management and 

17 project management oversight; 

18 ‘‘(C) the cost of services from expert firms, 

19 including counsel, and independent financial ad20 visors to assist in the underwriting, auditing, 

21 servicing, and exercise of rights with respect to 

22 direct loans and loan guarantees; and 

23 ‘‘(D) the cost of all other expenses incurred 

24 as a result of a breach of any term or condition 
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† HR 22 EAS 

1 or any event of default on a direct loan or loan 

2 guarantee. 

3 ‘‘(2) STANDARDS.—The Secretary may charge 

4 different amounts under this subsection based on the 

5 different costs incurred under paragraph (1). 

6 ‘‘(3) SERVICER.— 

7 ‘‘(A) IN GENERAL.—The Secretary may ap8 point a financial entity to assist the Secretary 

9 in servicing a direct loan or loan guarantee 

10 under this section. 

11 ‘‘(B) DUTIES.—A servicer appointed under 

12 subparagraph (A) shall act as the agent of the 

13 Secretary in serving a direct loan or loan guar14 antee under this section. 

15 ‘‘(C) FEES.—A servicer appointed under 

16 subparagraph (A) shall receive a servicing fee 

17 from the obligor or other loan party, subject to 

18 approval by the Secretary. 

19 ‘‘(4) SAFETY AND OPERATIONS ACCOUNT.— 

20 Amounts collected under this subsection shall— 

21 ‘‘(A) be credited directly to the Safety and 

22 Operations account of the Federal Railroad Ad23 ministration; and 

24 ‘‘(B) remain available until expended to 

25 pay for the costs described in this subsection.’’. 
812 

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1 SEC. 35606. LOAN TERMS AND REPAYMENT. 

2 (a) PREREQUISITES FOR ASSISTANCE.—Section 

3 502(g)(1) (45 U.S.C. 822(g)(1)) is amended by striking ‘‘35 

4 years from the date of its execution’’ and inserting ‘‘the less5 er of 35 years after the date of substantial completion of 

6 the project or the estimated useful life of the rail equipment 

7 or facilities to be acquired, rehabilitated, improved, devel8 oped, or established’’. 

9 (b) REPAYMENT SCHEDULES.—Section 502(j) (45 

10 U.S.C. 822(j)) is amended— 

11 (1) in paragraph (1), by striking ‘‘the sixth an12 niversary date of the original loan disbursement’’ and 

13 inserting ‘‘5 years after the date of substantial com14 pletion’’; and 

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

16 ‘‘(3) DEFERRED PAYMENTS.— 

17 ‘‘(A) IN GENERAL.—If at any time after the 

18 date of substantial completion the project is un19 able to generate sufficient revenues to pay the 

20 scheduled loan repayments of principal and in21 terest on the direct loan, the Secretary, subject to 

22 subparagraph (B), may allow, for a maximum 

23 aggregate time of 1 year over the duration of the 

24 direct loan, the obligor to add unpaid principal 

25 and interest to the outstanding balance of the di26 rect loan. 
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† HR 22 EAS 

1 ‘‘(B) INTEREST.—A payment deferred 

2 under subparagraph (A) shall— 

3 ‘‘(i) continue to accrue interest under 

4 paragraph (2) until the loan is fully repaid; 

5 and 

6 ‘‘(ii) be scheduled to be amortized over 

7 the remaining term of the loan. 

8 ‘‘(4) PREPAYMENTS.— 

9 ‘‘(A) USE OF EXCESS REVENUES.—Any ex10 cess revenues that remain after satisfying sched11 uled debt service requirements on the project obli12 gations and direct loan and all deposit require13 ments under the terms of any trust agreement, 

14 bond resolution, or similar agreement securing 

15 project obligations may be applied annually to 

16 prepay the direct loan without penalty. 

17 ‘‘(B) USE OF PROCEEDS OF REFI18 NANCING.—The direct loan may be prepaid at 

19 any time without penalty from the proceeds of 

20 refinancing from non-Federal funding sources.’’. 

21 (c) SALE OF DIRECT LOANS.—Section 502 (45 U.S.C. 

22 822) is amended by adding at the end the following: 

23 ‘‘(k) SALE OF DIRECT LOANS.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

25 and as soon as practicable after substantial comple-
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† HR 22 EAS 

1 tion of a project, the Secretary, after notifying the ob2 ligor, may sell to another entity or reoffer into the 

3 capital markets a direct loan for the project if the 

4 Secretary determines that the sale or reoffering has a 

5 high probability of being made on favorable terms. 

6 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

7 or reoffering under paragraph (1), the Secretary may 

8 not change the original terms and conditions of the 

9 secured loan without the prior written consent of the 

10 obligor’’. 

11 (d) NONSUBORDINATION.—Section 502 (45 U.S.C. 

12 822), as amended in subsection (c), is further amended by 

13 adding at the end the following: 

14 ‘‘(l) NONSUBORDINATION.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2)(B), a direct loan shall not be subordinated 

17 to the claims of any holder of project obligations in 

18 the event of bankruptcy, insolvency, or liquidation of 

19 the obligor. 

20 ‘‘(2) PREEXISTING INDENTURES.— 

21 ‘‘(A) IN GENERAL.—The Secretary may 

22 waive the requirement under paragraph (1) for 

23 a public agency borrower that is financing ongo24 ing capital programs and has outstanding senior 

25 bonds under a preexisting indenture if— 
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† HR 22 EAS 

1 ‘‘(i) the direct loan is rated in the A 

2 category or higher; 

3 ‘‘(ii) the direct loan is secured and 

4 payable from pledged revenues not affected 

5 by project performance, such as a tax-based 

6 revenue pledge or a system-backed pledge of 

7 project revenues; and 

8 ‘‘(iii) the program share, under this 

9 title, of eligible project costs is 50 percent or 

10 less. 

11 ‘‘(B) LIMITATION.—The Secretary may im12 pose limitations for the waiver of the non13 subordination requirement under this paragraph 

14 if the Secretary determines that such limitations 

15 would be in the financial interest of the Federal 

16 Government.’’. 

17 SEC. 35607. CREDIT RISK PREMIUMS. 

18 Section 502(f) (45 U.S.C. 822(f)) is amended— 

19 (1) in paragraph (1), by amending the first sen20 tence to read as follows: ‘‘In lieu of or in combination 

21 with appropriations of budget authority to cover the 

22 costs of direct loans and loan guarantees as required 

23 under section 504(b)(1) of the Federal Credit Reform 

24 Act of 1990 (2 U.S.C. 661c(b)(1)), including the cost 

25 of a modification thereof, the Secretary may accept on 
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† HR 22 EAS 

1 behalf of an applicant for assistance under this sec2 tion a commitment from a non-Federal source, in3 cluding a State or local government or agency or pub4 lic benefit corporation or public authority thereof, to 

5 fund in whole or in part credit risk premiums and 

6 modification costs with respect to the loan that is the 

7 subject of the application or modification.’’; 

8 (2) in paragraph (2)— 

9 (A) in subparagraph (D), by adding ‘‘and’’ 

10 after the semicolon; 

11 (B) by striking subparagraph (E); and 

12 (C) by redesignating subparagraph (F) as 

13 subparagraph (E); 

14 (3) by striking paragraph (4); 

15 (4) by redesignating paragraph (3) as para16 graph (4); 

17 (5) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) CREDITWORTHINESS.—An applicant may 

20 propose and the Secretary may accept as a basis for 

21 determining the amount of the credit risk premium 

22 under paragraph (2) any of the following in addition 

23 to the value of any tangible asset: 

24 ‘‘(A) The net present value of a future 

25 stream of State or local subsidy income or other 
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† HR 22 EAS 

1 dedicated revenues to secure the direct loan or 

2 loan guarantee. 

3 ‘‘(B) Adequate coverage requirements to en4 sure repayment, on a non-recourse basis, from 

5 cash flows generated by the project or any other 

6 dedicated revenue source, including— 

7 ‘‘(i) tolls; 

8 ‘‘(ii) user fees; or 

9 ‘‘(iii) payments owing to the obligor 

10 under a public-private partnership. 

11 ‘‘(C) An investment-grade rating on the di12 rect loan or loan guarantee, as applicable, except 

13 that if the total amount of the direct loan or loan 

14 guarantee is greater than $75,000,000, the appli15 cant shall have an investment-grade rating from 

16 at least 2 rating agencies on the direct loan or 

17 loan guarantee.’’; and 

18 (6) in paragraph (4), as redesignated, by strik19 ing ‘‘amounts’’ and inserting ‘‘amounts (and in the 

20 case of a modification, before the modification is exe21 cuted), to the extent appropriations are not available 

22 to the Secretary to meet the costs of direct loans and 

23 loan guarantees, including costs of modifications 

24 thereof’’. 
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1 SEC. 35608. MASTER CREDIT AGREEMENTS. 

2 Section 502 (45 U.S.C. 822), as amended by sub3 sections (c) and (d) of section 35606 of this Act, is further 

4 amended by adding at the end the following: 

5 ‘‘(m) MASTER CREDIT AGREEMENTS.— 

6 ‘‘(1) IN GENERAL.—Subject to section 502(d) 

7 and paragraph (2) of this subsection, the Secretary 

8 may enter into a master credit agreement that is con9 tingent on all of the conditions for the provision of a 

10 direct loan or loan guarantee, as applicable, under 

11 this title and other applicable requirements being sat12 isfied prior to the issuance of the direct loan or loan 

13 guarantee. 

14 ‘‘(2) CONDITIONS.—Each master credit agree15 ment shall— 

16 ‘‘(A) establish the maximum amount and 

17 general terms and conditions of each applicable 

18 direct loan or loan guarantee; 

19 ‘‘(B) identify 1 or more dedicated non-Fed20 eral revenue sources that will secure the repay21 ment of each applicable direct loan or loan guar22 antee; 

23 ‘‘(C) provide for the obligation of funds for 

24 the direct loans or loan guarantees contingent on 

25 and after all requirements have been met for the 
819 

† HR 22 EAS 

1 projects subject to the master credit agreement; 

2 and 

3 ‘‘(D) provide 1 or more dates, as determined 

4 by the Secretary, before which the master credit 

5 agreement results in each of the direct loans or 

6 loan guarantees or in the release of the master 

7 credit agreement.’’. 

8 SEC. 35609. PRIORITIES AND CONDITIONS. 

9 (a) PRIORITY PROJECTS.—Section 502(c) (45 U.S.C. 

10 822(c)) is amended— 

11 (1) in paragraph (1), by inserting ‘‘, including 

12 projects for the installation of a positive train control 

13 system (as defined in section 20157(i) of title 49, 

14 United States Code)’’ after ‘‘public safety’’; 

15 (2) by redesignating paragraphs (2) and (3) as 

16 paragraphs (3) and (2), respectively; 

17 (3) in paragraph (5), by inserting ‘‘or chapter 

18 227 of title 49’’ after ‘‘section 135 of title 23’’; 

19 (4) by redesignating paragraphs (6) through (8) 

20 as paragraphs (7) through (9), respectively; and 

21 (5) by inserting after paragraph (5) the fol22 lowing: 

23 ‘‘(6) improve railroad stations and passenger fa24 cilities and increase transit-oriented development;’’. 
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† HR 22 EAS 

1 (b) CONDITIONS OF ASSISTANCE.—Section 502(h) (45 

2 U.S.C. 822(h)) is amended in paragraph (2), by inserting 

3 ‘‘, if applicable’’ after ‘‘project’’. 

4 SEC. 35610. SAVINGS PROVISION. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), this subtitle, and the amendments made by this subtitle, 

7 shall not affect any direct loan (or direct loan obligation) 

8 or an outstanding loan guarantee (or loan guarantee com9 mitment) that was in effect prior to the date of enactment 

10 of this Act. Any such transaction entered into before the 

11 date of enactment of this Act shall be administered until 

12 completion under its terms as if this Act were not enacted. 

13 (b) MODIFICATION COSTS.—At the discretion of the 

14 Secretary, the authority to accept modification costs on be15 half of an applicant under section 502(f) of the Railroad 

16 Revitalization and Regulatory Reform Act of 1976 (45 

17 U.S.C. 822(f)), as amended by section 35607 of this Act, 

18 may apply with respect to any direct loan (or direct loan 

19 obligation) or an outstanding loan guarantee (or loan guar20 antee commitment) that was in effect prior to the date of 

21 enactment of this Act. 
821 

† HR 22 EAS 

1 DIVISION D—FREIGHT AND 

2 MAJOR PROJECTS 

3 TITLE XLI—FREIGHT POLICY 

4 SEC. 41001. ESTABLISHMENT OF FREIGHT CHAPTER. 

5 (a) FREIGHT.—Subtitle III of title 49, United States 

6 Code, is amended by inserting after chapter 53 the fol7 lowing: 

8 ‘‘CHAPTER 54—FREIGHT 

‘‘5401. Definitions. 

‘‘5402. National multimodal freight policy. 

‘‘5403. National multimodal freight network. 

‘‘5404. National freight strategic plan. 

‘‘5405. State freight advisory committees. 

‘‘5406. State freight plans. 

‘‘5407. Transportation investment planning and data tools. 

‘‘5408. Savings provision. 

‘‘5409. Assistance for freight projects. 

9 ‘‘§ 5401. Definitions 

10 ‘‘In this chapter: 

11 ‘‘(1) ECONOMIC COMPETITIVENESS.—The term 

12 ‘economic competitiveness’ means the ability of the 

13 economy to efficiently move freight and people, 

14 produce goods, and deliver services, including— 

15 ‘‘(A) reductions in the travel time of freight; 

16 ‘‘(B) reductions in the congestion caused by 

17 the movement of freight; 

18 ‘‘(C) improvements to freight travel time re19 liability; and 
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† HR 22 EAS 

1 ‘‘(D) reductions in freight transportation 

2 costs due to congestion and insufficient infra3 structure. 

4 ‘‘(2) FREIGHT.—The term ‘freight’ means the 

5 commercial transportation of cargo, including agri6 cultural, manufactured, retail, or other goods by ves7 sel, vehicle, pipeline, or rail. 

8 ‘‘(3) FREIGHT TRANSPORTATION MODES.—The 

9 term ‘freight transportation modes’ means— 

10 ‘‘(A) the infrastructure supporting any 

11 mode of transportation that moves freight, in12 cluding highways, ports, waterways, rail facili13 ties, and pipelines; and 

14 ‘‘(B) any vehicles or equipment trans15 porting goods on such infrastructure. 

16 ‘‘(4) NATIONAL HIGHWAY FREIGHT NETWORK.— 

17 The term ‘national highway freight network’ means 

18 the network established under section 167 of title 23. 

19 ‘‘(5) NATIONAL MULTIMODAL FREIGHT NET20 WORK.—The term ‘national multimodal freight net21 work’ means the network established under section 

22 5403. 

23 ‘‘(6) NATIONAL MULTIMODAL FREIGHT STRA24 TEGIC PLAN.—The term ‘national multimodal freight 
823 

† HR 22 EAS 

1 strategic plan’ means the strategic plan developed 

2 under section 5404. 

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

4 the Secretary of Transportation. 

5 ‘‘(8) STATE.—The term ‘State’ means a State of 

6 the United States, the District of Columbia, the Com7 monwealth of Puerto Rico, the Commonwealth of the 

8 Northern Mariana Islands, Guam, American Samoa, 

9 and the United States Virgin Islands.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

11 table of chapters for subtitle III of title 49, United States 

12 Code, is amended by inserting after the item relating to 

13 chapter 53 the following: 

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

14 SEC. 41002. NATIONAL MULTIMODAL FREIGHT POLICY. 

15 Chapter 54 of subtitle III of title 49, United States 

16 Code, as added by section 41001, is amended by adding 

17 after section 5401 the following: 

18 ‘‘§ 5402. National multimodal freight policy 

19 ‘‘(a) POLICY.—It is the policy of the United States— 

20 ‘‘(1) to support investment to maintain and im21 prove the condition and performance of the national 

22 multimodal freight network; 

23 ‘‘(2) to ensure that the United States maximizes 

24 its competitiveness in the global economy by increas-
824 

† HR 22 EAS 

1 ing the overall productivity and connectivity of the 

2 national freight system; and 

3 ‘‘(3) to pursue the goals described in subsection 

4 (b). 

5 ‘‘(b) GOALS.—The national multimodal freight policy 

6 has the following goals: 

7 ‘‘(1) To enhance the economic competitiveness of 

8 the United States by investing in infrastructure im9 provements and implementing operational improve10 ments on the freight network of the United States that 

11 achieve 1 or more of the following: 

12 ‘‘(A) Strengthen the contribution of the na13 tional freight network to the economic competi14 tiveness of the United States. 

15 ‘‘(B) Reduce congestion and relieve bottle16 necks in the freight transportation system. 

17 ‘‘(C) Reduce the cost of freight transpor18 tation. 

19 ‘‘(D) Improve the reliability of freight 

20 transportation. 

21 ‘‘(E) Increase productivity, particularly for 

22 domestic industries and businesses that create 

23 jobs. 
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† HR 22 EAS 

1 ‘‘(2) To improve the safety, security, efficiency, 

2 and resiliency of freight transportation in rural and 

3 urban areas. 

4 ‘‘(3) To improve the condition of the national 

5 freight network. 

6 ‘‘(4) To use advanced technology to improve the 

7 safety and efficiency of the national freight network. 

8 ‘‘(5) To incorporate concepts of performance, in9 novation, competition, and accountability into the op10 eration and maintenance of the national freight net11 work. 

12 ‘‘(6) To improve the efficiency and productivity 

13 of the national freight network. 

14 ‘‘(7) To pursue these goals in a manner that is 

15 not burdensome to State and local governments. 

16 ‘‘(c) STRATEGIES.—The United States may achieve the 

17 goals described in subsection (b) by— 

18 ‘‘(1) providing funding to maintain and improve 

19 freight infrastructure facilities; 

20 ‘‘(2) implementing appropriate safety, environ21 mental, energy and other transportation policies; 

22 ‘‘(3) utilizing advanced technology and innova23 tion; 

24 ‘‘(4) promoting workforce development; and 

25 ‘‘(5) using performance management activities. 
826 

† HR 22 EAS 

1 ‘‘(d) IMPLEMENTATION.—The Under Secretary for Pol2 icy, who shall be responsible for the oversight and imple3 mentation of the national multimodal freight policy, 

4 shall— 

5 ‘‘(1) assist with the coordination of modal freight 

6 planning; 

7 ‘‘(2) ensure consistent, expedited review of 

8 multimodal freight projects; 

9 ‘‘(3) review the project planning and approval 

10 processes at each modal administration to identify 

11 modeling and metric inconsistencies, approvals, and 

12 terminology differences that could hamper multimodal 

13 project approval; 

14 ‘‘(4) identify interagency data sharing opportu15 nities to promote freight planning and coordination; 

16 ‘‘(5) identify multimodal efforts and connections; 

17 ‘‘(6) designate the lead agency for multimodal 

18 freight projects; 

19 ‘‘(7) develop recommendations for State incen20 tives for multimodal planning efforts, which may in21 clude— 

22 ‘‘(A) reducing the State cost share; or 

23 ‘‘(B) expediting the review of agreements for 

24 multimodal or freight specific projects; 
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† HR 22 EAS 

1 ‘‘(8) explore opportunities within existing legal 

2 authorities to reduce project delays by issuing categor3 ical exclusions or allowing self-certifications of right4 of-way acquisitions for freight projects; and 

5 ‘‘(9) submit a report to the Committee on Com6 merce, Science, and Transportation and the Com7 mittee on Environment and Public Works of the Sen8 ate and the Committee on Transportation and Infra9 structure of the House of Representatives that identi10 fies required reports, statutory requirements, and 

11 other limitations on efficient freight project delivery 

12 that could be streamlined or consolidated.’’. 

13 SEC. 41003. NATIONAL MULTIMODAL FREIGHT NETWORK. 

14 Chapter 54 of subtitle III of title 49, United States 

15 Code, as amended by section 41002, is amended by adding 

16 after section 5402 the following: 

17 ‘‘§ 5403. National multimodal freight network 

18 ‘‘(a) IN GENERAL.—The Secretary shall establish a na19 tional freight network, in accordance with this section— 

20 ‘‘(1) to assist States in strategically directing re21 sources toward improved system performance for the 

22 efficient movement of freight on transportation net23 works; 

24 ‘‘(2) to inform freight transportation planning; 
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† HR 22 EAS 

1 ‘‘(3) to assist in the prioritization of Federal in2 vestment; and 

3 ‘‘(4) to assess and support Federal investments 

4 to achieve the national multimodal freight policy 

5 goals described in section 5402(b) of this title and in 

6 section 150(b) of title 23. 

7 ‘‘(b) NETWORK COMPONENTS.—The national 

8 multimodal freight network established under this section 

9 shall consist of all connectors, corridors, and facilities in 

10 all freight transportation modes that are the most critical 

11 to the current and future movement of freight, including 

12 the national highway freight network, to achieve the na13 tional multimodal freight policy goals described in section 

14 5402(b) of this title and in section 150(b) of title 23. 

15 ‘‘(c) INITIAL DESIGNATION OF PRIMARY FREIGHT SYS16 TEM.— 

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

18 the date of enactment of the DRIVE Act, the Sec19 retary, after soliciting input from stakeholders, in20 cluding multimodal freight system users, transport 

21 providers, metropolitan planning organizations, local 

22 governments, ports, airports, railroads, and States, 

23 through a public process to identify critical freight fa24 cilities and corridors that are vital to achieve the na25 tional multimodal freight policy goals described in 
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† HR 22 EAS 

1 section 5402(b) of this title and in section 150(b) of 

2 title 23, and after providing notice and opportunity 

3 for comment on a draft system, shall designate a pri4 mary freight system with the goal of— 

5 ‘‘(A) improving network and intermodal 

6 connectivity; and 

7 ‘‘(B) using measurable data as part of the 

8 assessment of the significance of freight move9 ment, including the consideration of points of or10 igin, destination, and linking components of do11 mestic and international supply chains. 

12 ‘‘(2) FACTORS.—In designating or redesignating 

13 a primary freight system, the Secretary shall con14 sider— 

15 ‘‘(A) origins and destinations of freight 

16 movement within, to, and from the United 

17 States; 

18 ‘‘(B) volume, value, tonnage, and the stra19 tegic importance of freight; 

20 ‘‘(C) access to border crossings, airports, 

21 seaports, and pipelines; 

22 ‘‘(D) economic factors, including balance of 

23 trade; 

24 ‘‘(E) access to major areas for manufac25 turing, agriculture, or natural resources; 
830 

† HR 22 EAS 

1 ‘‘(F) access to energy exploration, develop2 ment, installation, and production areas; 

3 ‘‘(G) intermodal links and intersections that 

4 promote connectivity; 

5 ‘‘(H) freight choke points and other impedi6 ments contributing to significant measurable 

7 congestion, delay in freight movement, or ineffi8 cient modal connections; 

9 ‘‘(I) impacts on all freight transportation 

10 modes and modes that share significant freight 

11 infrastructure; 

12 ‘‘(J) elements and transportation corridors 

13 identified by a multi-State coalition, a State, a 

14 State advisory committee, or a metropolitan 

15 planning organization, using national or local 

16 data, as having critical freight importance to the 

17 region; 

18 ‘‘(K) intermodal connectors, major distribu19 tion centers, inland intermodal facilities, and 

20 first- and last-mile facilities; 

21 ‘‘(L) the annual average daily truck traffic 

22 on principal arterials; and 

23 ‘‘(M) the significance of goods movement, 

24 including consideration of global and domestic 

25 supply chains. 
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† HR 22 EAS 

1 ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A des2 ignation may be made under this subsection if the 

3 freight transportation facility or infrastructure being 

4 considered— 

5 ‘‘(A) is in an urbanized area, regardless of 

6 population; 

7 ‘‘(B) has been designated under subsection 

8 (d) as a critical rural freight corridor; 

9 ‘‘(C) connects an intermodal facility to— 

10 ‘‘(i) the primary freight network; or 

11 ‘‘(ii) an intermodal freight facility; 

12 ‘‘(D)(i) is located within a corridor of a 

13 route on the primary freight network; and 

14 ‘‘(ii) provides an alternative option impor15 tant to goods movement; 

16 ‘‘(E) serves a major freight generator, logis17 tic center, agricultural region, or manufacturing, 

18 warehouse, or industrial land; or 

19 ‘‘(F) is important to the movement of 

20 freight within a State or metropolitan region, as 

21 determined by the State or the metropolitan 

22 planning organization. 

23 ‘‘(4) CONSIDERATIONS.—In designating or redes24 ignating the primary freight system under subsection 

25 (e), the Secretary shall— 
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† HR 22 EAS 

1 ‘‘(A) use, to the extent practicable, measur2 able data to assess the significance of goods 

3 movement, including the consideration of points 

4 of origin, destination, and linking components of 

5 the United States global and domestic supply 

6 chains; 

7 ‘‘(B) consider— 

8 ‘‘(i) the factors described in subsection 

9 (c)(2); and 

10 ‘‘(ii) any changes in the economy or 

11 freight transportation network demand; and 

12 ‘‘(C) provide the States with an opportunity 

13 to submit proposed designations in accordance 

14 with paragraph (5). 

15 ‘‘(5) STATE INPUT.— 

16 ‘‘(A) IN GENERAL.—Each State that pro17 poses increased designations on the primary 

18 freight system shall— 

19 ‘‘(i) consider nominations for addi20 tional designations from metropolitan plan21 ning organizations and State freight advi22 sory committees within the State; 

23 ‘‘(ii) consider nominations for the ad24 ditional designations from owners and oper-
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† HR 22 EAS 

1 ators of port, rail, pipeline, and airport fa2 cilities; and 

3 ‘‘(iii) ensure that additional designa4 tions are consistent with the State Trans5 portation Improvement Program or freight 

6 plan. 

7 ‘‘(B) REVISIONS.—States may revise routes 

8 certified under section 4006 of the Intermodal 

9 Surface Transportation Efficiency Act of 1991 

10 (Public Law 102–240; 105 Stat. 2148) to con11 form with the designated freight system under 

12 this section. 

13 ‘‘(C) SUBMISSION AND CERTIFICATION.— 

14 Each State shall submit to the Secretary— 

15 ‘‘(i) a list of the additional designa16 tions added under this subsection; and 

17 ‘‘(ii) certification that— 

18 ‘‘(I) the State has satisfied the re19 quirements under subparagraph (A); 

20 and 

21 ‘‘(II) the designations referred to 

22 in clause (i) address the factors for re23 designation described in subsection 

24 (c)(3). 
834 

† HR 22 EAS 

1 ‘‘(d) CRITICAL RURAL FREIGHT CORRIDORS.—A State 

2 may designate freight transportation infrastructure or fa3 cilities within the borders of the State as a critical rural 

4 freight corridor if the public road or facility— 

5 ‘‘(1) is a rural principal arterial roadway or fa6 cility; 

7 ‘‘(2) provides access or service to energy explo8 ration, development, installation, or production areas; 

9 ‘‘(3) provides access or service to— 

10 ‘‘(A) a grain elevator; 

11 ‘‘(B) an agricultural facility; 

12 ‘‘(C) a mining facility; 

13 ‘‘(D) a forestry facility; or 

14 ‘‘(E) an intermodal facility; 

15 ‘‘(4) connects to an international port of entry; 

16 ‘‘(5) provides access to significant air, rail, 

17 water, or other freight facilities in the State; or 

18 ‘‘(6) has been determined by the State to be vital 

19 to improving the efficient movement of freight of im20 portance to the economy of the State. 

21 ‘‘(e) REDESIGNATION OF PRIMARY FREIGHT SYS22 TEM.—Beginning on the date that is 5 years after the ini23 tial designation under subsection (c), and every 5 years 

24 thereafter, the Secretary, using the designation factors de-
835 

† HR 22 EAS 

1 scribed in subsection (c)(3), shall redesignate the primary 

2 freight system.’’. 

3 TITLE XLII—PLANNING 

4 SEC. 42001. NATIONAL FREIGHT STRATEGIC PLAN. 

5 Chapter 54 of subtitle III of title 49, United States 

6 Code (as amended by title XLI), is amended by adding at 

7 the end the following: 

8 ‘‘§ 5404. National freight strategic plan 

9 ‘‘(a) INITIAL DEVELOPMENT OF NATIONAL FREIGHT

10 STRATEGIC PLAN.—Not later than 3 years after the date 

11 of enactment of the DRIVE Act, the Secretary, in consulta12 tion with State departments of transportation, metropoli13 tan planning organizations, and other appropriate public 

14 and private transportation stakeholders, shall develop, after 

15 providing opportunity for notice and comment on a draft 

16 national freight strategic plan, and post on the public 

17 website of the Department of Transportation a national 

18 freight strategic plan that includes— 

19 ‘‘(1) an assessment of the condition and perform20 ance of the national multimodal freight network; 

21 ‘‘(2) an identification of bottlenecks on the na22 tional multimodal freight network that create signifi23 cant freight congestion based on a quantitative meth24 odology developed by the Secretary, which shall, at a 

25 minimum, include— 
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† HR 22 EAS 

1 ‘‘(A) information from the Freight Analysis 

2 Framework of the Federal Highway Administra3 tion; and 

4 ‘‘(B) to the maximum extent practicable, an 

5 estimate of the cost of addressing each bottleneck 

6 and any operational improvements that could be 

7 implemented; 

8 ‘‘(3) a forecast of freight volumes, based on the 

9 most recent data available, for— 

10 ‘‘(A) the 5-year period beginning in the 

11 year during which the plan is issued; and 

12 ‘‘(B) if practicable, for the 10- and 20-year 

13 period beginning in the year during which the 

14 plan is issued; 

15 ‘‘(4) an identification of major trade gateways 

16 and national freight corridors that connect major eco17 nomic corridors, population centers, trade gateways, 

18 and other major freight generators for current and 

19 forecasted traffic and freight volumes, the identifica20 tion of which shall be revised, as appropriate, in sub21 sequent plans; 

22 ‘‘(5) an assessment of statutory, regulatory, tech23 nological, institutional, financial, and other barriers 

24 to improved freight transportation performance (in25 cluding opportunities for overcoming the barriers); 
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† HR 22 EAS 

1 ‘‘(6) an identification of routes providing access 

2 to energy exploration, development, installation, or 

3 production areas; 

4 ‘‘(7) routes for providing access to major areas 

5 for manufacturing, agriculture, or natural resources; 

6 ‘‘(8) best practices for improving the perform7 ance of the national freight network; 

8 ‘‘(9) best practices to mitigate the impacts of 

9 freight movement on communities; 

10 ‘‘(10) a process for addressing multistate projects 

11 and encouraging jurisdictions to collaborate on 

12 multistate projects; 

13 ‘‘(11) identification of locations or areas with 

14 congestion involving freight traffic, and strategies to 

15 address those issues; 

16 ‘‘(12) strategies to improve freight intermodal 

17 connectivity; and 

18 ‘‘(13) best practices for improving the perform19 ance of the national multimodal freight network and 

20 rural and urban access to critical freight corridors. 

21 ‘‘(b) UPDATES TO NATIONAL FREIGHT STRATEGIC

22 PLAN.—Not later than 5 years after the date of completion 

23 of the first national multimodal freight strategic plan under 

24 subsection (a) and every 5 years thereafter, the Secretary 

25 shall update and repost on the public website of the Depart-
838 

† HR 22 EAS 

1 ment of Transportation a revised national freight strategic 

2 plan.’’. 

3 SEC. 42002. STATE FREIGHT ADVISORY COMMITTEES. 

4 Chapter 54 of subtitle III of title 49, United States 

5 Code (as amended by section 42001), is amended by adding 

6 at the end the following: 

7 ‘‘§ 5405. State freight advisory committees 

8 ‘‘(a) IN GENERAL.—Each State shall establish a 

9 freight advisory committee consisting of a representative 

10 cross-section of public and private sector freight stake11 holders, including representatives of ports, third party lo12 gistics providers, shippers, carriers, freight-related associa13 tions, the freight industry workforce, the transportation de14 partment of the State, and local governments. 

15 ‘‘(b) ROLE OF COMMITTEE.—A freight advisory com16 mittee of a State described in subsection (a) shall— 

17 ‘‘(1) advise the State on freight-related priorities, 

18 issues, projects, and funding needs; 

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

20 transportation decisions affecting freight mobility; 

21 ‘‘(3) communicate and coordinate regional prior22 ities with other organizations; 

23 ‘‘(4) promote the sharing of information between 

24 the private and public sectors on freight issues; and 
839 

† HR 22 EAS 

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

2 plan of the State described in section 5406.’’. 

3 SEC. 42003. STATE FREIGHT PLANS. 

4 Chapter 54 of subtitle III of title 49, United States 

5 Code (as amended by section 42002), is amended by adding 

6 at the end the following: 

7 ‘‘§ 5406. State freight plans 

8 ‘‘(a) IN GENERAL.—Each State shall develop a freight 

9 plan that provides a comprehensive plan for the immediate 

10 and long-range planning activities and investments of the 

11 State with respect to freight. 

12 ‘‘(b) PLAN CONTENTS.—A freight plan described in 

13 subsection (a) shall include, at a minimum— 

14 ‘‘(1) an identification of significant freight sys15 tem trends, needs, and issues with respect to the 

16 State; 

17 ‘‘(2) a description of the freight policies, strate18 gies, and performance measures that will guide the 

19 freight-related transportation investment decisions of 

20 the State; 

21 ‘‘(3) when applicable, a listing of critical rural 

22 and urban freight corridors designated within the 

23 State under section 5403 of this title or section 167 

24 of title 23; 
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† HR 22 EAS 

1 ‘‘(4) a description of how the plan will improve 

2 the ability of the State to meet the national freight 

3 goals established under section 5402(b) of this title 

4 and section 150(b) of title 23; 

5 ‘‘(5) a description of how innovative technologies 

6 and operational strategies, including freight intel7 ligent transportation systems, that improve the safety 

8 and efficiency of freight movement, were considered; 

9 ‘‘(6) in the case of roadways on which travel by 

10 heavy vehicles (including mining, agricultural, energy 

11 cargo or equipment, and timber vehicles) is projected 

12 to substantially deteriorate the condition of roadways, 

13 a description of improvements that may be required 

14 to reduce or impede the deterioration; 

15 ‘‘(7) an inventory of facilities with freight mobil16 ity issues, such as bottlenecks, within the State, and 

17 where the facilities are State owned or operated, a de18 scription of the strategies the State is employing to 

19 address those freight mobility issues; 

20 ‘‘(8) consideration of any significant congestion 

21 or delay caused by freight movements and any strate22 gies to mitigate that congestion or delay; and 

23 ‘‘(9) a freight investment plan that, subject to 

24 subsection (c)(2), includes a list of priority projects 
841 

† HR 22 EAS 

1 and describes how funds made available to carry out 

2 section 167 of title 23 would be invested and matched. 

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

4 ‘‘(1) INCORPORATION.—A State freight plan de5 scribed in subsection (a) may be developed separately 

6 from or incorporated into the statewide strategic long7 range transportation plan required by section 135 of 

8 title 23. 

9 ‘‘(2) FISCAL CONSTRAINT.—The freight invest10 ment plan component of a freight plan shall include 

11 a project, or an identified phase of a project, only if 

12 funding for completion of the project can reasonably 

13 be anticipated to be available for the project within 

14 the time period identified in the freight investment 

15 plan. 

16 ‘‘(d) PLANNING PERIOD.—The freight plan shall ad17 dress a 5-year forecast period. 

18 ‘‘(e) UPDATES.— 

19 ‘‘(1) IN GENERAL.—A State shall update the 

20 freight plan not less frequently than once every 5 

21 years. 

22 ‘‘(2) FREIGHT INVESTMENT PLAN.—A State may 

23 update the freight investment plan more frequently 

24 than is required under paragraph (1).’’. 
842 

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1 SEC. 42004. FREIGHT DATA AND TOOLS. 

2 Chapter 54 of subtitle III of title 49, United States 

3 Code (as amended by section 42003), is amended by adding 

4 at the end the following: 

5 ‘‘§ 5407. Transportation investment data and plan6 ning tools 

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

8 date of enactment of the DRIVE Act, the Secretary shall— 

9 ‘‘(1) begin development of new tools and im10 provement of existing tools to support an outcome-ori11 ented, performance-based approach to evaluate pro12 posed freight-related and other transportation 

13 projects, including— 

14 ‘‘(A) methodologies for systematic analysis 

15 of benefits and costs on a national or regional 

16 basis; 

17 ‘‘(B) tools for ensuring that the evaluation 

18 of freight-related and other transportation 

19 projects could consider safety, economic competi20 tiveness, urban and rural access, environmental 

21 sustainability, and system condition in the 

22 project selection process; 

23 ‘‘(C) improved methods for data collection 

24 and trend analysis; 

25 ‘‘(D) encouragement of public-private part26 nerships to carry out data sharing activities 
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† HR 22 EAS 

1 while maintaining the confidentiality of all pro2 prietary data; and 

3 ‘‘(E) other tools to assist in effective trans4 portation planning; 

5 ‘‘(2) identify transportation-related model data 

6 elements to support a broad range of evaluation meth7 ods and techniques to assist in making transportation 

8 investment decisions; and 

9 ‘‘(3) at a minimum, in consultation with other 

10 relevant Federal agencies, consider any improvements 

11 to existing freight flow data collection efforts that 

12 could reduce identified freight data gaps and defi13 ciencies and help improve forecasts of freight trans14 portation demand. 

15 ‘‘(b) CONSULTATION.—The Secretary shall consult 

16 with Federal, State, and other stakeholders to develop, im17 prove, and implement the tools and collect the data de18 scribed in subsection (a).’’. 

19 SEC. 42005. SAVINGS PROVISION. 

20 Chapter 54 of subtitle III of title 49, United States 

21 Code (as amended by section 42004), is amended by adding 

22 at the end the following: 
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1 ‘‘§ 5408. Savings provision 

2 ‘‘Nothing in this chapter provides additional authority 

3 to regulate or direct private activity on freight networks 

4 designated by this chapter.’’. 

5 TITLE XLIII—FORMULA FREIGHT 

6 PROGRAM 

7 SEC. 43001. NATIONAL HIGHWAY FREIGHT PROGRAM. 

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

9 States Code, is amended to read as follows: 

10 ‘‘§ 167. National highway freight program 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—It is the policy of the United 

13 States to improve the condition and performance of 

14 the national highway freight network to ensure that 

15 the national freight network provides the foundation 

16 for the United States to compete in the global econ17 omy and achieve each goal described in subsection (b). 

18 ‘‘(2) ESTABLISHMENT.—In support of the goals 

19 described in subsection (b), the Federal Highway Ad20 ministrator (referred to in this section as the ‘Admin21 istrator’) shall establish a national highway freight 

22 program in accordance with this section to improve 

23 the efficient movement of freight on the national high24 way freight network. 

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

26 freight program are— 
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1 ‘‘(1) to invest in infrastructure improvements 

2 and to implement operational improvements on the 

3 highways of the United States that— 

4 ‘‘(A) strengthen the contribution of the na5 tional highway freight network to the economic 

6 competitiveness of the United States; 

7 ‘‘(B) reduce congestion and relieve bottle8 necks in the freight transportation system; 

9 ‘‘(C) reduce the cost of freight transpor10 tation; 

11 ‘‘(D) improve the reliability of freight 

12 transportation; and 

13 ‘‘(E) increase productivity, particularly for 

14 domestic industries and businesses that create 

15 high-value jobs; 

16 ‘‘(2) to improve the safety, security, efficiency, 

17 and resiliency of freight transportation in rural and 

18 urban areas; 

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

20 national highway freight network; 

21 ‘‘(4) to use advanced technology to improve the 

22 safety and efficiency of the national highway freight 

23 network; 

24 ‘‘(5) to incorporate concepts of performance, in25 novation, competition, and accountability into the op-
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1 eration and maintenance of the national highway 

2 freight network; 

3 ‘‘(6) to improve the efficiency and productivity 

4 of the national highway freight network; and 

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

6 freight movement. 

7 ‘‘(c) ESTABLISHMENT OF A NATIONAL HIGHWAY

8 FREIGHT NETWORK.— 

9 ‘‘(1) IN GENERAL.—The Administrator shall es10 tablish a national highway freight network in accord11 ance with this section to assist States in strategically 

12 directing resources toward improved system perform13 ance for efficient movement of freight on highways. 

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

15 highway freight network shall consist of— 

16 ‘‘(A) the primary highway freight system, 

17 as designated under subsection (d); 

18 ‘‘(B) critical rural freight corridors estab19 lished under subsection (e); 

20 ‘‘(C) critical urban freight corridors estab21 lished under subsection (f); and 

22 ‘‘(D) the portions of the Interstate System 

23 not designated as part of the primary highway 

24 freight system, including designated future Inter-
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† HR 22 EAS 

1 state System routes as of the date of enactment 

2 of the DRIVE Act. 

3 ‘‘(d) DESIGNATION AND REDESIGNATION OF THE PRI4 MARY HIGHWAY FREIGHT SYSTEM.— 

5 ‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGH6 WAY FREIGHT SYSTEM.—The initial designation of 

7 the primary highway freight system shall be— 

8 ‘‘(A) the network designated by the Sec9 retary under section 167(d) of title 23, United 

10 States Code, as in effect on the day before the 

11 date of enactment of the DRIVE Act; and 

12 ‘‘(B) all National Highway System freight 

13 intermodal connectors. 

14 ‘‘(2) REDESIGNATION OF PRIMARY HIGHWAY

15 FREIGHT SYSTEM.— 

16 ‘‘(A) IN GENERAL.—Beginning on the date 

17 that is 1 year after the date of enactment of the 

18 DRIVE Act and every 5 years thereafter, using 

19 the designation factors described in subpara20 graph (E), the Administrator shall redesignate 

21 the primary highway freight system (including 

22 any additional mileage added to the primary 

23 highway freight system under this paragraph as 

24 of the date on which the redesignation process is 

25 effective). 
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1 ‘‘(B) MILEAGE.— 

2 ‘‘(i) FIRST REDESIGNATION.—In redes3 ignating the primary highway freight sys4 tem on the date that is 1 year after the date 

5 of enactment of the DRIVE Act, the Admin6 istrator shall limit the system to 30,000 

7 centerline miles, without regard to the 

8 connectivity of the primary highway freight 

9 system. 

10 ‘‘(ii) SUBSEQUENT REDESIGNA11 TIONS.—Each redesignation after the redes12 ignation described in clause (i), the Admin13 istrator may increase the primary highway 

14 freight system by up to 5 percent of the 

15 total mileage of the system, without regard 

16 to the connectivity of the primary highway 

17 freight system. 

18 ‘‘(C) CONSIDERATIONS.— 

19 ‘‘(i) IN GENERAL.—In redesignating 

20 the primary highway freight system, to the 

21 maximum extent practicable, the Adminis22 trator shall use measurable data to assess 

23 the significance of goods movement, includ24 ing consideration of points of origin, des25 tination, and linking components of the 
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1 United States global and domestic supply 

2 chains. 

3 ‘‘(ii) INTERMODAL CONNECTORS.—In 

4 redesignating the primary highway freight 

5 system, the Administrator shall include all 

6 National Highway System freight inter7 modal connectors. 

8 ‘‘(D) INPUT.—In addition to the process 

9 provided to State freight advisory committees 

10 under paragraph (3), in redesignating the pri11 mary highway freight system, the Administrator 

12 shall provide an opportunity for State freight 

13 advisory committees to submit additional miles 

14 for consideration. 

15 ‘‘(E) FACTORS FOR REDESIGNATION.—In 

16 redesignating the primary highway freight sys17 tem, the Administrator shall consider— 

18 ‘‘(i) the origins and destinations of 

19 freight movement in, to, and from the 

20 United States; 

21 ‘‘(ii) land and water ports of entry; 

22 ‘‘(iii) access to energy exploration, de23 velopment, installation, or production 

24 areas; 
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1 ‘‘(iv) proximity of access to other 

2 freight intermodal facilities, including rail, 

3 air, water, and pipelines; 

4 ‘‘(v) the total freight tonnage and value 

5 moved via highways; 

6 ‘‘(vi) significant freight bottlenecks, as 

7 identified by the Administrator; 

8 ‘‘(vii) the annual average daily truck 

9 traffic on principal arterials; and 

10 ‘‘(viii) the significance of goods move11 ment on principal arterials, including con12 sideration of global and domestic supply 

13 chains. 

14 ‘‘(3) STATE FLEXIBILITY FOR ADDITIONAL MILES

15 ON PRIMARY HIGHWAY FREIGHT SYSTEM.— 

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

17 after each redesignation conducted by the Ad18 ministrator under paragraph (2), each State, 

19 under the advisement of the State freight advi20 sory committee, as developed and carried out in 

21 accordance with subsection (l), may increase the 

22 number of miles designated as part of the pri23 mary highway freight system in that State by 

24 not more than 10 percent of the miles designated 
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1 in that State under this subsection if the addi2 tional miles— 

3 ‘‘(i) close gaps between primary high4 way freight system segments; 

5 ‘‘(ii) establish connections of the pri6 mary highway freight system critical to the 

7 efficient movement of goods, including ports, 

8 international border crossings, airports, 

9 intermodal facilities, logistics centers, ware10 houses, and agricultural facilities; or 

11 ‘‘(iii) designate critical emerging 

12 freight routes. 

13 ‘‘(B) CONSIDERATIONS.—Each State, under 

14 the advisement of the State freight advisory com15 mittee that increases the number of miles on the 

16 primary highway freight system under subpara17 graph (A) shall— 

18 ‘‘(i) consider nominations for the addi19 tional miles from metropolitan planning or20 ganizations within the State; 

21 ‘‘(ii) ensure that the additional miles 

22 are consistent with the freight plan of the 

23 State; and 

24 ‘‘(iii) review the primary highway 

25 freight system of the State designated under 
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† HR 22 EAS 

1 paragraph (1) and redesignate miles in a 

2 manner that is consistent with paragraph 

3 (2). 

4 ‘‘(C) SUBMISSION.—Each State, under the 

5 advisement of the State freight advisory com6 mittee shall— 

7 ‘‘(i) submit to the Administrator a list 

8 of the additional miles added under this 

9 subsection; and 

10 ‘‘(ii) certify that— 

11 ‘‘(I) the additional miles meet the 

12 requirements of subparagraph (A); and 

13 ‘‘(II) the State, under the advise14 ment of the State freight advisory com15 mittee, has satisfied the requirements 

16 of subparagraph (B). 

17 ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A State 

18 may designate a public road within the borders of the State 

19 as a critical rural freight corridor if the public road— 

20 ‘‘(1) is a rural principal arterial roadway and 

21 has a minimum of 25 percent of the annual average 

22 daily traffic of the road measured in passenger vehicle 

23 equivalent units from trucks (Federal Highway Ad24 ministration vehicle class 8 to 13); 
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1 ‘‘(2) provides access to energy exploration, devel2 opment, installation, or production areas; 

3 ‘‘(3) connects the primary highway freight sys4 tem, a roadway described in paragraph (1) or (2), or 

5 the Interstate System to facilities that handle more 

6 than— 

7 ‘‘(A) 50,000 20-foot equivalent units per 

8 year; or 

9 ‘‘(B) 500,000 tons per year of bulk commod10 ities; 

11 ‘‘(4) provides access to— 

12 ‘‘(A) a grain elevator; 

13 ‘‘(B) an agricultural facility; 

14 ‘‘(C) a mining facility; 

15 ‘‘(D) a forestry facility; or 

16 ‘‘(E) an intermodal facility; 

17 ‘‘(5) connects to an international port of entry; 

18 ‘‘(6) provides access to significant air, rail, 

19 water, or other freight facilities in the State; or 

20 ‘‘(7) is, in the determination of the State, vital 

21 to improving the efficient movement of freight of im22 portance to the economy of the State. 

23 ‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— 

24 ‘‘(1) URBANIZED AREA WITH POPULATION OF

25 500,000 OR MORE.—In an urbanized area with a pop-
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1 ulation of 500,000 or more individuals, the represent2 ative metropolitan planning organization, in con3 sultation with the State, may designate a public road 

4 within the borders of that area of the State as a crit5 ical urban freight corridor. 

6 ‘‘(2) URBANIZED AREA WITH A POPULATION

7 LESS THAN 500,000.—In an urbanized area with a 

8 population of less than 500,000 individuals, the State, 

9 in consultation with the representative metropolitan 

10 planning organization, may designate a public road 

11 within the borders of that area of the State as a crit12 ical urban freight corridor. 

13 ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A des14 ignation may be made under paragraphs (1) or (2) 

15 if the public road— 

16 ‘‘(A) is in an urbanized area, regardless of 

17 population; and 

18 ‘‘(B)(i) connects an intermodal facility to— 

19 ‘‘(I) the primary highway freight net20 work; 

21 ‘‘(II) the Interstate System; or 

22 ‘‘(III) an intermodal freight facility; 

23 ‘‘(ii) is located within a corridor of a route 

24 on the primary highway freight network and 
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† HR 22 EAS 

1 provides an alternative highway option impor2 tant to goods movement; 

3 ‘‘(iii) serves a major freight generator, logis4 tic center, or manufacturing and warehouse in5 dustrial land; or 

6 ‘‘(iv) is important to the movement of 

7 freight within the region, as determined by the 

8 metropolitan planning organization or the State. 

9 ‘‘(g) DESIGNATION AND CERTIFICATION.— 

10 ‘‘(1) DESIGNATION.—States and metropolitan 

11 planning organizations may designate corridors 

12 under subsections (e) and (f) and submit the des13 ignated corridors to the Administrator on a rolling 

14 basis. 

15 ‘‘(2) CERTIFICATION.—Each State or metropoli16 tan planning organization that designates a corridor 

17 under subsection (e) or (f) shall certify to the Admin18 istrator that the designated corridor meets the re19 quirements of the applicable subsection. 

20 ‘‘(h) HIGHWAY FREIGHT TRANSPORTATION CONDI21 TIONS AND PERFORMANCE REPORTS.—Not later than 2 

22 years after the date of enactment of the DRIVE Act and 

23 biennially thereafter, the Administrator shall prepare and 

24 submit to Congress a report that describes the conditions 
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† HR 22 EAS 

1 and performance of the national highway freight network 

2 in the United States. 

3 ‘‘(i) USE OF APPORTIONED FUNDS.— 

4 ‘‘(1) IN GENERAL.—A State shall obligate funds 

5 apportioned to the State under section 104(b)(5) to 

6 improve the movement of freight on the national high7 way freight network. 

8 ‘‘(2) FORMULA.—The Administrator shall cal9 culate for each State the proportion that— 

10 ‘‘(A) the total mileage in the State des11 ignated as part of the primary highway freight 

12 system; bears to 

13 ‘‘(B) the total mileage of the primary high14 way freight system in all States. 

15 ‘‘(3) USE OF FUNDS.— 

16 ‘‘(A) STATES WITH HIGH PRIMARY HIGH17 WAY FREIGHT SYSTEM MILEAGE.—If the propor18 tion of a State under paragraph (2) is greater 

19 than or equal to 3 percent, the State may obli20 gate funds apportioned to the State under section 

21 104(b)(5) for projects on— 

22 ‘‘(i) the primary highway freight sys23 tem; 

24 ‘‘(ii) critical rural freight corridors; 

25 and 
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1 ‘‘(iii) critical urban freight corridors. 

2 ‘‘(B) STATES WITH LOW PRIMARY HIGHWAY

3 FREIGHT SYSTEM MILEAGE.—If the proportion of 

4 a State under paragraph (2) is less than 3 per5 cent, the State may obligate funds apportioned 

6 to the State under section 104(b)(5) for projects 

7 on any component of the national highway 

8 freight network. 

9 ‘‘(4) FREIGHT PLANNING.—Notwithstanding any 

10 other provision of law, effective beginning 2 years 

11 after the date of enactment of the DRIVE Act, a State 

12 may not obligate funds apportioned to the State 

13 under section 104(b)(5) unless the State has— 

14 ‘‘(A) established a freight advisory com15 mittee in accordance with section 5405 of title 

16 49; and 

17 ‘‘(B) developed a freight plan in accordance 

18 with section 5406 of title 49, except that the 

19 multimodal component of the plan may be in20 complete before an obligation may be made 

21 under this section. 

22 ‘‘(5) ELIGIBILITY.— 

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

24 this subsection, for a project to be eligible for 

25 funding under this section the project shall— 
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† HR 22 EAS 

1 ‘‘(i) contribute to the efficient move2 ment of freight on the national highway 

3 freight network; and 

4 ‘‘(ii) be consistent with a freight in5 vestment plan included in a freight plan of 

6 the State that is in effect. 

7 ‘‘(B) OTHER PROJECTS.—A State may obli8 gate not more than 10 percent of the total appor9 tionment of the State under section 104(b)(5) for 

10 projects— 

11 ‘‘(i) within the boundaries of public 

12 and private freight rail, water facilities (in13 cluding ports), and intermodal facilities; 

14 and 

15 ‘‘(ii) that provide surface transpor16 tation infrastructure necessary to facilitate 

17 direct intermodal interchange, transfer, and 

18 access into and out of the facility. 

19 ‘‘(C) ELIGIBLE PROJECTS.—Funds appor20 tioned to the State under section 104(b)(5) for 

21 the national highway freight program may be 

22 obligated to carry out 1 or more of the following: 

23 ‘‘(i) Development phase activities, in24 cluding planning, feasibility analysis, rev25 enue forecasting, environmental review, pre-
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† HR 22 EAS 

1 liminary engineering and design work, and 

2 other preconstruction activities. 

3 ‘‘(ii) Construction, reconstruction, re4 habilitation, acquisition of real property 

5 (including land relating to the project and 

6 improvements to land), construction contin7 gencies, acquisition of equipment, and oper8 ational improvements directly relating to 

9 improving system performance. 

10 ‘‘(iii) Intelligent transportation sys11 tems and other technology to improve the 

12 flow of freight, including intelligent freight 

13 transportation systems. 

14 ‘‘(iv) Efforts to reduce the environ15 mental impacts of freight movement. 

16 ‘‘(v) Environmental and community 

17 mitigation of freight movement. 

18 ‘‘(vi) Railway-highway grade separa19 tion. 

20 ‘‘(vii) Geometric improvements to 

21 interchanges and ramps. 

22 ‘‘(viii) Truck-only lanes. 

23 ‘‘(ix) Climbing and runaway truck 

24 lanes. 

25 ‘‘(x) Adding or widening of shoulders. 
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† HR 22 EAS 

1 ‘‘(xi) Truck parking facilities eligible 

2 for funding under section 1401 of MAP–21 

3 (23 U.S.C. 137 note; Public Law 112–141). 

4 ‘‘(xii) Real-time traffic, truck parking, 

5 roadway condition, and multimodal trans6 portation information systems. 

7 ‘‘(xiii) Electronic screening and 

8 credentialing systems for vehicles, including 

9 weigh-in-motion truck inspection tech10 nologies. 

11 ‘‘(xiv) Traffic signal optimization, in12 cluding synchronized and adaptive signals. 

13 ‘‘(xv) Work zone management and in14 formation systems. 

15 ‘‘(xvi) Highway ramp metering. 

16 ‘‘(xvii) Electronic cargo and border se17 curity technologies that improve truck 

18 freight movement. 

19 ‘‘(xviii) Intelligent transportation sys20 tems that would increase truck freight effi21 ciencies inside the boundaries of intermodal 

22 facilities. 

23 ‘‘(xix) Additional road capacity to ad24 dress highway freight bottlenecks. 
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† HR 22 EAS 

1 ‘‘(xx) A highway project, other than a 

2 project described in clauses (i) through 

3 (xix), to improve the flow of freight on the 

4 national highway freight network. 

5 ‘‘(xxi) Any other surface transpor6 tation project to improve the flow of freight 

7 into and out of a facility described in sub8 paragraph (B). 

9 ‘‘(6) OTHER ELIGIBLE COSTS.—In addition to 

10 the eligible projects identified in paragraph (5), a 

11 State may use funds apportioned under section 

12 104(b)(5) for— 

13 ‘‘(A) carrying out diesel retrofit or alter14 native fuel projects under section 149 for class 8 

15 vehicles; and 

16 ‘‘(B) the necessary costs of— 

17 ‘‘(i) conducting analyses and data col18 lection related to the national highway 

19 freight program; 

20 ‘‘(ii) developing and updating perform21 ance targets to carry out this section; and 

22 ‘‘(iii) reporting to the Administrator to 

23 comply with section 150. 

24 ‘‘(7) APPLICABILITY OF PLANNING REQUIRE25 MENTS.—Programming and expenditure of funds for 
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† HR 22 EAS 

1 projects under this section shall be consistent with the 

2 requirements of sections 134 and 135. 

3 ‘‘(j) STATE PERFORMANCE TARGETS.—If the Adminis4 trator determines that a State has not met or made signifi5 cant progress toward meeting the performance targets re6 lated to freight movement of the State established under sec7 tion 150(d) by the date that is 2 years after the date of 

8 the establishment of the performance targets, until the date 

9 on which the Administrator determines that the State has 

10 met or has made significant progress towards meeting the 

11 performance targets, the State shall submit to the Adminis12 trator, on a biennial basis, a freight performance improve13 ment plan that includes— 

14 ‘‘(1) an identification of significant freight sys15 tem trends, needs, and issues within the State; 

16 ‘‘(2) a description of the freight policies and 

17 strategies that will guide the freight-related transpor18 tation investments of the State; 

19 ‘‘(3) an inventory of freight bottlenecks within 

20 the State and a description of the ways in which the 

21 State is allocating the national highway freight pro22 gram funds to improve those bottlenecks; and 

23 ‘‘(4) a description of the actions the State will 

24 undertake to meet the performance targets of the 

25 State. 
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1 ‘‘(k) STUDY OF MULTIMODAL PROJECTS.—Not later 

2 than 2 years after the date of enactment of the DRIVE Act, 

3 the Administrator shall submit to Congress a report that 

4 contains— 

5 ‘‘(1) a study of freight projects identified in 

6 State freight plans under section 5406 of title 49; and 

7 ‘‘(2) an evaluation of multimodal freight projects 

8 included in the State freight plans, or otherwise iden9 tified by States, that are subject to the limitation of 

10 funding for such projects under this section. 

11 ‘‘(l) STATE FREIGHT ADVISORY COMMITTEES.—A 

12 State freight advisory committee shall be carried out as de13 scribed in section 5405 of title 49. 

14 ‘‘(m) STATE FREIGHT PLANS.—A State freight plan 

15 shall be carried out as described in section 5406 of title 49. 

16 ‘‘(n) INTELLIGENT FREIGHT TRANSPORTATION SYS17 TEM.— 

18 ‘‘(1) DEFINITION OF INTELLIGENT FREIGHT

19 TRANSPORTATION SYSTEM.—In this section, the term 

20 ‘intelligent freight transportation system’ means— 

21 ‘‘(A) an innovative or intelligent techno22 logical transportation system, infrastructure, or 

23 facilities, including electronic roads, driverless 

24 trucks, elevated freight transportation facilities, 
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† HR 22 EAS 

1 and other intelligent freight transportation sys2 tems; and 

3 ‘‘(B) a communications or information 

4 processing system used singly or in combination 

5 for dedicated intelligent freight lanes and con6 veyances that improve the efficiency, security, or 

7 safety of freight on the Federal-aid highway sys8 tem or that operate to convey freight or improve 

9 existing freight movements. 

10 ‘‘(2) LOCATION.—An intelligent freight transpor11 tation system shall be located— 

12 ‘‘(A)(i) along existing Federal-aid high13 ways; or 

14 ‘‘(ii) in a manner that connects ports-of15 entry to existing Federal-aid highways; and 

16 ‘‘(B) in proximity to, or within, an existing 

17 right-of-way on a Federal-aid highway. 

18 ‘‘(3) OPERATING STANDARDS.—The Adminis19 trator of the Federal Highway Administration shall 

20 determine the need for establishing operating stand21 ards for intelligent freight transportation systems. 

22 ‘‘(o) TREATMENT OF FREIGHT PROJECTS.—Notwith23 standing any other provision of law, a freight project car24 ried out under this section shall be treated as if the project 

25 were on a Federal-aid highway.’’. 
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1 (b) CONFORMING AMENDMENTS.— 

2 (1) The analysis for chapter 1 of title 23, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

‘‘167. National highway freight program.’’ 

5 (2) Sections 1116, 1117, and 1118 of MAP–21 

6 (23 U.S.C. 167 note; Public Law 112–141) are re7 pealed. 

8 TITLE XLIV—GRANTS 

9 SEC. 44001. PURPOSE; DEFINITIONS; ADMINISTRATION. 

10 (a) IN GENERAL.—The purpose of the grants described 

11 in the amendments made by section 44002 is to assist in 

12 funding critical high-cost transportation infrastructure 

13 projects that— 

14 (1) are difficult to complete with existing Fed15 eral, State, local, and private funds; and 

16 (2) will achieve 1 or more of— 

17 (A) generation of national or regional eco18 nomic benefits and an increase in the global eco19 nomic competitiveness of the United States; 

20 (B) reduction of congestion and the impacts 

21 of congestion; 

22 (C) improvement of facilities vital to agri23 culture, manufacturing, or national energy secu24 rity; 
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† HR 22 EAS 

1 (D) improvement of the efficiency, reli2 ability, and affordability of the movement of 

3 freight; 

4 (E) improvement of transportation safety; 

5 (F) improvement of existing and designated 

6 future Interstate System routes; or 

7 (G) improvement of the movement of people 

8 through improving rural connectivity and metro9 politan accessibility. 

10 (b) DEFINITIONS.—In this section and for purposes of 

11 the grant programs established under the amendments made 

12 by section 44002: 

13 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

14 applicant’’ means— 

15 (A) a State (or a group of States); 

16 (B) a local government (or a group of local 

17 governments); 

18 (C) a tribal government (or a consortium of 

19 tribal governments); 

20 (D) a transit agency (or a group of transit 

21 agencies); 

22 (E) a special purpose district or a public 

23 authority with a transportation function; 

24 (F) a port authority (or a group of port au25 thorities); 
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† HR 22 EAS 

1 (G) a political subdivision of a State or 

2 local government; 

3 (H) a Federal land management agency, 

4 jointly with the applicable State; or 

5 (I) a multistate or multijurisdictional 

6 group of entities described in subparagraphs (A) 

7 through (H). 

8 (2) RURAL AREA.—The term ‘‘rural area’’ means 

9 an area that is outside of an urbanized area with a 

10 population greater than 150,000 individuals, as de11 termined by the Bureau of the Census. 

12 (3) RURAL STATE.—The term ‘‘rural State’’ 

13 means a State that has a population density of 80 or 

14 fewer persons per square mile, based on the most re15 cent decennial census. 

16 (c) APPLICATIONS.— 

17 (1) IN GENERAL.—An eligible applicant shall 

18 submit to the Secretary or the Federal Highway Ad19 ministrator (referred to in this section as the ‘‘Ad20 ministrator’’), as appropriate, an application in such 

21 form and containing such information as the Sec22 retary or Administrator, as appropriate, determines 

23 necessary, including the total amount of the grant re24 quested. 
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† HR 22 EAS 

1 (2) CONTENTS.—Each application submitted 

2 under this paragraph shall include data on the most 

3 recent system performance, to the extent practicable, 

4 and estimated system improvements that will result 

5 from completion of the eligible project, including pro6 jections for improvements 5 and 10 years after com7 pletion of the project. 

8 (3) RESUBMISSION OF APPLICATIONS.—An eligi9 ble applicant whose project is not selected may resub10 mit an application in a subsequent solicitation with 

11 an addendum indicating changes to the project appli12 cation. 

13 (d) ACCOUNTABILITY MEASURES.—The Secretary and 

14 the Administrator shall establish accountability measures 

15 for the management of the grants described in this section— 

16 (1) to establish clear procedures for addressing 

17 late-arriving applications; 

18 (2) to publicly communicate decisions to accept 

19 or reject applications; and 

20 (3) to document major decisions in the applica21 tion evaluation and project selection process through 

22 a decision memorandum or similar mechanism that 

23 provides a clear rationale for decisions. 

24 (e) GEOGRAPHIC DISTRIBUTION.—In awarding 

25 grants, the Secretary or Administrator, as appropriate, 
869 

† HR 22 EAS 

1 shall take measures to ensure, to the maximum extent prac2 ticable— 

3 (1) an equitable geographic distribution of 

4 amounts; and 

5 (2) an appropriate balance in addressing the 

6 needs of rural and urban communities. 

7 (f) REPORTS.— 

8 (1) IN GENERAL.—The Secretary or the Admin9 istrator, as appropriate, shall make available on the 

10 website of the Department at the end of each fiscal 

11 year an annual report that lists each project for 

12 which a grant has been provided under this section 

13 during that fiscal year. 

14 (2) COMPTROLLER GENERAL.— 

15 (A) ASSESSMENT.—The Comptroller Gen16 eral of the United States shall conduct an assess17 ment of the administrative establishment, solici18 tation, selection, and justification process with 

19 respect to the funding of grants described in this 

20 title. 

21 (B) REPORT.—Not later than 1 year after 

22 the initial awarding of grants described in this 

23 section, the Comptroller General of the United 

24 States shall submit to the Committee on Envi25 ronment and Public Works of the Senate, the 
870 

† HR 22 EAS 

1 Committee on Commerce, Science, and Transpor2 tation of the Senate, and the Committee on 

3 Transportation and Infrastructure of the House 

4 of Representatives a report that describes— 

5 (i) the adequacy and fairness of the 

6 process by which each project was selected, 

7 if applicable; 

8 (ii) the justification and criteria used 

9 for the selection of each project, if applica10 ble. 

11 SEC. 44002. GRANTS. 

12 (a) IN GENERAL.—Chapter 1 of title 23, United States 

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

14 ‘‘§ 171. Assistance for major projects program 

15 ‘‘(a) PURPOSE OF PROGRAM.—The purpose of the as16 sistance for major projects program shall be the purpose de17 scribed in section 44001 of the DRIVE Act. 

18 ‘‘(b) DEFINITIONS.—In this section— 

19 ‘‘(1) the terms defined in section 44001 of the 

20 DRIVE Act shall apply; and 

21 ‘‘(2) the following definitions shall apply: 

22 ‘‘(A) ADMINISTRATOR.—The term ‘Adminis23 trator’ means the Administrator of the Federal 

24 Highway Administration. 

25 ‘‘(B) ELIGIBLE PROJECT.— 
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† HR 22 EAS 

1 ‘‘(i) IN GENERAL.—The term ‘eligible 

2 project’ means a surface transportation 

3 project, or a program of integrated surface 

4 transportation projects closely related in the 

5 function the projects perform, that— 

6 ‘‘(I) is a capital project that is el7 igible for Federal financial assistance 

8 under— 

9 ‘‘(aa) this title; or 

10 ‘‘(bb) chapter 53 of title 49; 

11 and 

12 ‘‘(II) except as provided in clause 

13 (ii), has eligible project costs that are 

14 reasonably anticipated to equal or ex15 ceed the lesser of— 

16 ‘‘(aa) $350,000,000; and 

17 ‘‘(bb)(AA) for a project lo18 cated in a single State, 25 percent 

19 of the amount of Federal-aid high20 way funds apportioned to the 

21 State for the most recently com22 pleted fiscal year; 

23 ‘‘(BB) for a project located 

24 in a single rural State with a 

25 population density of 80 or fewer 
872 

† HR 22 EAS 

1 persons per square mile based on 

2 the most recent decennial census, 

3 10 percent of the amount of Fed4 eral-aid highway funds appor5 tioned to the State for the most re6 cently completed fiscal year; or 

7 ‘‘(CC) for a project located in 

8 more than 1 State, 75 percent of 

9 the amount of Federal-aid high10 way funds apportioned to the par11 ticipating State that has the larg12 est apportionment for the most re13 cently completed fiscal year. 

14 ‘‘(ii) FEDERAL LAND TRANSPORTATION

15 FACILITY.—In the case of a Federal land 

16 transportation facility, the term ‘eligible 

17 project’ means a Federal land transpor18 tation facility that has eligible project costs 

19 that are reasonably anticipated to equal or 

20 exceed $150,000,000. 

21 ‘‘(C) ELIGIBLE PROJECT COSTS.—The term 

22 ‘eligible project costs’ means the costs of— 

23 ‘‘(i) development phase activities, in24 cluding planning, feasibility analysis, rev25 enue forecasting, environmental review, pre-
873 

† HR 22 EAS 

1 liminary engineering and design work, and 

2 other preconstruction activities; and 

3 ‘‘(ii) construction, reconstruction, reha4 bilitation, and acquisition of real property 

5 (including land related to the project and 

6 improvements to land), environmental miti7 gation, construction contingencies, acquisi8 tion of equipment directly related to im9 proving system performance, and oper10 ational improvements. 

11 ‘‘(c) ESTABLISHMENT OF PROGRAM.—The Adminis12 trator shall establish a program in accordance with this sec13 tion to provide grants for projects that will have a signifi14 cant impact on a region or the Nation. 

15 ‘‘(d) SOLICITATIONS AND APPLICATIONS.— 

16 ‘‘(1) GRANT SOLICITATIONS.—The Administrator 

17 shall conduct a transparent and competitive national 

18 solicitation process to review eligible projects for fund19 ing under this section. 

20 ‘‘(2) APPLICATIONS.—An eligible applicant shall 

21 submit an application to the Administrator in such 

22 form as described in and in accordance with section 

23 44001 of the DRIVE Act. 

24 ‘‘(e) CRITERIA FOR PROJECT EVALUATION AND SELEC25 TION.— 
874 

† HR 22 EAS 

1 ‘‘(1) IN GENERAL.—The Administrator may se2 lect a project for funding under this section only if 

3 the Administrator determines that the project— 

4 ‘‘(A) is consistent with the national goals 

5 described in section 150(b); 

6 ‘‘(B) will significantly improve the perform7 ance of the national surface transportation net8 work, nationally or regionally; 

9 ‘‘(C) is based on the results of preliminary 

10 engineering; 

11 ‘‘(D) is consistent with the long-range state12 wide transportation plan; 

13 ‘‘(E) cannot be readily and efficiently com14 pleted without Federal financial assistance; 

15 ‘‘(F) is justified based on the ability of the 

16 project to achieve 1 or more of— 

17 ‘‘(i) generation of national economic 

18 benefits that reasonably exceed the costs of 

19 the project; 

20 ‘‘(ii) reduction of long-term congestion, 

21 including impacts on a national, regional, 

22 and statewide basis; 

23 ‘‘(iii) an increase in the speed, reli24 ability, and accessibility of the movement of 

25 people or freight; or 
875 

† HR 22 EAS 

1 ‘‘(iv) improvement of transportation 

2 safety, including reducing transportation 

3 accident and serious injuries and fatalities; 

4 and 

5 ‘‘(G) is supported by a sufficient amount of 

6 non-Federal funding, including evidence of stable 

7 and dependable financing to construct, main8 tain, and operate the infrastructure facility. 

9 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In evalu10 ating a project under this section, in addition to the 

11 criteria described in paragraph (1), the Adminis12 trator shall consider the extent to which the project— 

13 ‘‘(A) leverages Federal investment by en14 couraging non-Federal contributions to the 

15 project, including contributions from public-pri16 vate partnerships; 

17 ‘‘(B) is able to begin construction by the 

18 date that is not later than 18 months after the 

19 date on which the project is selected; 

20 ‘‘(C) incorporates innovative project deliv21 ery and financing to the maximum extent prac22 ticable; 

23 ‘‘(D) helps maintain or protect the environ24 ment; 
876 

† HR 22 EAS 

1 ‘‘(E) improves roadways vital to national 

2 energy security; 

3 ‘‘(F) improves or upgrades designated fu4 ture Interstate System routes; 

5 ‘‘(G) uses innovative technologies, including 

6 intelligent transportation systems, that enhance 

7 the efficiency of the project; 

8 ‘‘(H) helps to improve mobility and accessi9 bility; and 

10 ‘‘(I) address the impact of population 

11 growth on the movement of people and freight. 

12 ‘‘(f) GEOGRAPHIC DISTRIBUTION.—In awarding 

13 grants under this section, the Administrator shall take 

14 measures as described in section 44001 of the DRIVE Act. 

15 ‘‘(g) FUNDING REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—Except in the case of projects 

17 described in paragraph (2), the amount of a grant 

18 under this section shall be at least $50,000,000. 

19 ‘‘(2) RURAL PROJECTS.—The amounts made 

20 available for a fiscal year under this section for eligi21 ble projects located in rural areas or in rural States 

22 shall not be— 

23 ‘‘(A) less than 20 percent of the amount 

24 made available for the fiscal year under this sec25 tion; and 
877 

† HR 22 EAS 

1 ‘‘(B) subject to paragraph (1). 

2 ‘‘(3) LIMITATION OF FUNDS.—Not more than 20 

3 percent of the funds made available for a fiscal year 

4 to carry out this section shall be allocated for projects 

5 eligible under section 167(i)(5)(B) or chapter 53 of 

6 title 49. 

7 ‘‘(4) STATE CAP.— 

8 ‘‘(A) IN GENERAL.—Not more than 20 per9 cent of the funds made available for a fiscal year 

10 to carry out this section may be awarded to 

11 projects in a single State. 

12 ‘‘(B) EXCEPTION FOR MULTISTATE

13 PROJECTS.—For purposes of the limitation de14 scribed in subparagraph (A), funds awarded for 

15 a multistate project shall be considered to be dis16 tributed evenly to each State. 

17 ‘‘(5) TIFIA PROGRAM.—On the request of an eli18 gible applicant under this section, the Administrator 

19 may use amounts awarded to the entity to pay sub20 sidy and administrative costs necessary to provide the 

21 entity Federal credit assistance under chapter 6 with 

22 respect to the project for which the grant was award23 ed. 

24 ‘‘(h) GRANT REQUIREMENTS.— 
878 

† HR 22 EAS 

1 ‘‘(1) APPLICABILITY OF PLANNING REQUIRE2 MENTS.—The programming and expenditure of funds 

3 for projects under this section shall be consistent with 

4 the requirements of sections 134 and 135. 

5 ‘‘(2) DETERMINATION OF APPLICABLE MODAL

6 REQUIREMENTS.—If an eligible project that receives a 

7 grant under this section has a crossmodal component, 

8 the Administrator— 

9 ‘‘(A) shall determine the predominant 

10 modal component of the project; and 

11 ‘‘(B) may apply the applicable require12 ments of that predominant modal component to 

13 the project. 

14 ‘‘(i) REPORT TO THE ADMINISTRATOR.—For each 

15 project funded under this section, the project sponsor shall 

16 evaluate system performance and submit to the Adminis17 trator a report not later than 5, 10, and 20 years after 

18 completion of the project to assess whether the project out19 comes have met preconstruction projections. 

20 ‘‘(j) ADMINISTRATIVE SELECTION.—The Adminis21 trator shall award grants to eligible projects in a fiscal year 

22 based on the criteria described in subsection (e). 

23 ‘‘(k) REPORTS.— 
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† HR 22 EAS 

1 ‘‘(1) IN GENERAL.—The Administrator shall pro2 vide an annual report as described in section 44001 

3 of the DRIVE Act. 

4 ‘‘(2) COMPTROLLER GENERAL.—The Comptroller 

5 General of the United States shall conduct an assess6 ment as described in section 44001 of the DRIVE 

7 Act.’’. 

8 (b) ASSISTANCE FOR FREIGHT PROJECTS.—Chapter 

9 54 of subtitle III of title 49, United States Code, as amended 

10 by section 42005, is amended by adding after section 5408 

11 the following: 

12 ‘‘§ 5409. Assistance for freight projects 

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

14 and implement an assistance for freight projects grant pro15 gram for capital investments in major freight transpor16 tation infrastructure projects to improve the movement of 

17 goods through the transportation network of the United 

18 States. 

19 ‘‘(b) CRITERIA FOR PROJECT EVALUATION AND SE20 LECTION.— 

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

22 project for funding under this section only if the Sec23 retary determines that the project— 

24 ‘‘(A) is consistent with the goals described 

25 in section 5402(b); 
880 

† HR 22 EAS 

1 ‘‘(B) will significantly improve the national 

2 or regional performance of the freight transpor3 tation network; 

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

5 engineering; 

6 ‘‘(D) is consistent with the long-range state7 wide transportation plan; 

8 ‘‘(E) cannot be readily and efficiently com9 pleted without Federal financial assistance; 

10 ‘‘(F) is justified based on the ability of the 

11 project— 

12 ‘‘(i) to generate national economic ben13 efits that reasonably exceed the costs of the 

14 project; 

15 ‘‘(ii) to reduce long-term congestion, 

16 including impacts on a regional and state17 wide basis; or 

18 ‘‘(iii) to increase the speed, reliability, 

19 and accessibility of the movement of freight; 

20 and 

21 ‘‘(G) is supported by a sufficient amount of 

22 non-Federal funding, including evidence of stable 

23 and dependable financing to construct, main24 tain, and operate the infrastructure facility. 
881 

† HR 22 EAS 

1 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In evalu2 ating a project under this section, in addition to the 

3 criteria described in paragraph (1), the Secretary 

4 shall consider the extent to which the project— 

5 ‘‘(A) leverages Federal investment by en6 couraging non-Federal contributions to the 

7 project, including contributions from public-pri8 vate partnerships; 

9 ‘‘(B) is able to begin construction by the 

10 date that is not later than 1 year after the date 

11 on which the project is selected; 

12 ‘‘(C) incorporates innovative project deliv13 ery and financing to the maximum extent prac14 ticable; 

15 ‘‘(D) improves freight facilities vital to ag16 ricultural or national energy security; 

17 ‘‘(E) improves or upgrades current or des18 ignated future Interstate System routes; 

19 ‘‘(F) uses innovative technologies, including 

20 intelligent transportation systems, that enhance 

21 the efficiency of the project; 

22 ‘‘(G) helps to improve mobility and accessi23 bility; and 
882 

† HR 22 EAS 

1 ‘‘(H) improves transportation safety, in2 cluding reducing transportation accident and se3 rious injuries and fatalities. 

4 ‘‘(c) ELIGIBLE PROJECTS.— 

5 ‘‘(1) IN GENERAL.—A project is eligible for a 

6 grant under this section if the project— 

7 ‘‘(A) is difficult to complete with existing 

8 Federal, State, local, and private funds; 

9 ‘‘(B)(i) enhances the economic competitive10 ness of the United States; or 

11 ‘‘(ii) improves the flow of freight or reduces 

12 bottlenecks in the freight infrastructure of the 

13 United States; and 

14 ‘‘(C) will advance 1 or more of the following 

15 objectives: 

16 ‘‘(i) Generate regional or national eco17 nomic benefits and an increase in the global 

18 economic competitiveness of the United 

19 States. 

20 ‘‘(ii) Improve transportation resources 

21 vital to agriculture or national energy secu22 rity. 

23 ‘‘(iii) Improve the efficiency, reli24 ability, and affordability of the movement 

25 of freight. 
883 

† HR 22 EAS 

1 ‘‘(iv) Improve existing freight infra2 structure projects. 

3 ‘‘(v) Improve the movement of people 

4 by improving rural and metropolitan 

5 freight routes. 

6 ‘‘(2) EXAMPLES.—Eligible projects for grant 

7 funding under this section shall include— 

8 ‘‘(A) a freight intermodal facility, includ9 ing— 

10 ‘‘(i) an intermodal facility serving a 

11 seaport; 

12 ‘‘(ii) an intermodal or cargo access fa13 cility serving an airport; 

14 ‘‘(iii) an intermodal facility serving a 

15 port on the inland waterways; 

16 ‘‘(iv) a bulk intermodal/transload facil17 ity; or 

18 ‘‘(v) a highway/rail intermodal facil19 ity; 

20 ‘‘(B) a highway or bridge project eligible 

21 under title 23; 

22 ‘‘(C) a public transportation project that re23 duces congestion on freight corridors and is eligi24 ble under chapter 53; 
884 

† HR 22 EAS 

1 ‘‘(D) a freight rail transportation project 

2 (including rail-grade separations); and 

3 ‘‘(E) a port infrastructure investment (in4 cluding inland port infrastructure). 

5 ‘‘(d) REQUIREMENTS.— 

6 ‘‘(1) CONSIDERATIONS.—In selecting projects to 

7 receive grant funding under this section, the Secretary 

8 shall— 

9 ‘‘(A) consider— 

10 ‘‘(i) projected freight volumes; and 

11 ‘‘(ii) how projects will enhance eco12 nomic efficiency, productivity, and competi13 tiveness; 

14 ‘‘(iii) population growth and the im15 pact on freight demand; and 

16 ‘‘(B) give priority to projects dedicated to— 

17 ‘‘(i) improving freight infrastructure 

18 facilities; 

19 ‘‘(ii) reducing travel time for freight 

20 projects; 

21 ‘‘(iii) reducing freight transportation 

22 costs; and 

23 ‘‘(iv) reducing congestion caused by 

24 rapid population growth on freight cor25 ridors. 
885 

† HR 22 EAS 

1 ‘‘(2) MULTIMODAL DISTRIBUTION OF FUNDS.—In 

2 distributing funding for grants under this section, the 

3 Secretary shall take such measures as the Secretary 

4 determines necessary to ensure the investment in a 

5 variety of transportation modes. 

6 ‘‘(3) AMOUNT.— 

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

8 subparagraph (B)(i), a grant under this section 

9 shall be in an amount that is not less than 

10 $10,000,000 and not greater than $100,000,000. 

11 ‘‘(B) PROJECTS IN RURAL AREAS.—If a 

12 grant awarded under this section is for a project 

13 located in a rural area— 

14 ‘‘(i) the amount of the grant shall be at 

15 least $1,000,000; and 

16 ‘‘(ii) the Secretary may increase the 

17 Federal share of costs to greater than 80 

18 percent. 

19 ‘‘(4) FEDERAL SHARE.—Except as provided 

20 under paragraph (3)(B)(ii), the Federal share of the 

21 costs for a project receiving a grant under this section 

22 shall be up to 80 percent. 

23 ‘‘(5) PRIORITY.—The Secretary shall give pri24 ority to projects that require a contribution of Federal 
886 

† HR 22 EAS 

1 funds in order to complete an overall financing pack2 age. 

3 ‘‘(6) RURAL AREAS.—Not less than 25 percent of 

4 the funding provided under this section shall be used 

5 to make grants for projects located in rural areas. 

6 ‘‘(7) NEW COMPETITION.—The Secretary shall 

7 conduct a new competition each fiscal year to select 

8 the grants and credit assistance awarded under this 

9 section. 

10 ‘‘(e) CONSULTATION.—The Secretary shall consult 

11 with the Secretary of Energy when considering projects that 

12 facilitate the movement of energy resources. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

14 ‘‘(1) IN GENERAL.—There is authorized to be ap15 propriated from the general fund of the Treasury, 

16 $200,000,000 for each of fiscal years 2016 through 

17 2021 to carry out this section. 

18 ‘‘(2) ADMINISTRATIVE AND OVERSIGHT COSTS.— 

19 The Secretary may retain up to 0.5 percent of the 

20 amounts appropriated pursuant to paragraph (1)— 

21 ‘‘(A) to administer the assistance for freight 

22 projects grant program; and 

23 ‘‘(B) to oversee eligible projects funded 

24 under this section. 
887 

† HR 22 EAS 

1 ‘‘(3) ADMINISTRATION OF FUNDS.—Amounts ap2 propriated pursuant to this subsection shall be avail3 able for obligation until expended. 

4 ‘‘(g) CONGRESSIONAL NOTIFICATION.—Not later than 

5 72 hours before public notification of a grant awarded 

6 under this section, the Secretary shall notify the Committee 

7 on Commerce, Science, and Transportation of the Senate, 

8 the Committee on Environment and Public Works of the 

9 Senate, the Committee on Banking, Housing, and Urban 

10 Affairs of the Senate, the Committee on Appropriations of 

11 the Senate, the Committee on Transportation and Infra12 structure of the House of Representatives, and the Com13 mittee on Appropriations of the House of Representatives 

14 of such award. 

15 ‘‘(h) ACCOUNTABILITY MEASURES.—The Secretary 

16 shall provide to Congress documentation of major decisions 

17 in the application evaluation and project selection process, 

18 which shall include a clear rationale for decisions— 

19 ‘‘(1) to advance for senior review applications 

20 other than those rated as highly recommended; 

21 ‘‘(2) to not advance applications rated as highly 

22 recommended; and 

23 ‘‘(3) to change the technical evaluation rating of 

24 an application.’’. 
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† HR 22 EAS 

1 (c) CONFORMING AMENDMENT.—The analysis for 

2 chapter 1 of title 23, United States Code, is amended by 

3 adding at the end the following: 

‘‘171. Assistance for major projects program.’’. 

4 DIVISION E—FINANCE 

5 SEC. 50001. SHORT TITLE. 

6 This division may be cited as the ‘‘Transportation 

7 Funding Act of 2015’’. 

8 TITLE LI—HIGHWAY TRUST 

9 FUND AND RELATED TAXES 

10 Subtitle A—Extension of Trust 

11 Fund Expenditure Authority and 

12 Related Taxes 

13 SEC. 51101. EXTENSION OF TRUST FUND EXPENDITURE AU14 THORITY. 

15 (a) HIGHWAY TRUST FUND.—Section 9503 of the In16 ternal Revenue Code of 1986, as amended by division G, 

17 is amended— 

18 (1) by striking ‘‘October 1, 2015’’ in subsections 

19 (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 

20 2021’’, and 

21 (2) by striking ‘‘Surface Transportation Exten22 sion Act of 2015’’ in subsections (c)(1) and (e)(3) and 

23 inserting ‘‘DRIVE Act’’. 
889 

† HR 22 EAS 

1 (b) SPORT FISH RESTORATION AND BOATING TRUST

2 FUND.—Section 9504 of the Internal Revenue Code of 1986, 

3 as amended by division G is amended— 

4 (1) by striking ‘‘Surface Transportation Exten5 sion Act of 2015’’ each place it appears in subsection 

6 (b)(2) and inserting ‘‘DRIVE Act’’, and 

7 (2) by striking ‘‘October 1, 2015’’ in subsection 

8 (d)(2) and inserting ‘‘October 1, 2021’’. 

9 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

10 FUND.—Paragraph (2) of section 9508(e) of the Internal 

11 Revenue Code of 1986, as amended by division G, is amend12 ed by striking ‘‘October 1, 2015’’ and inserting ‘‘October 

13 1, 2021’’. 

14 (d) EFFECTIVE DATE.—The amendments made by this 

15 section shall take effect on August 1, 2015. 

16 SEC. 51102. EXTENSION OF HIGHWAY-RELATED TAXES. 

17 (a) IN GENERAL.— 

18 (1) Each of the following provisions of the Inter19 nal Revenue Code of 1986 is amended by striking 

20 ‘‘September 30, 2016’’ and inserting ‘‘September 30, 

21 2023’’: 

22 (A) Section 4041(a)(1)(C)(iii)(I). 

23 (B) Section 4041(m)(1)(B). 

24 (C) Section 4081(d)(1). 
890 

† HR 22 EAS 

1 (2) Each of the following provisions of such Code 

2 is amended by striking ‘‘October 1, 2016’’ and insert3 ing ‘‘October 1, 2023’’: 

4 (A) Section 4041(m)(1)(A). 

5 (B) Section 4051(c). 

6 (C) Section 4071(d). 

7 (D) Section 4081(d)(3). 

8 (b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN

9 HEAVY VEHICLES.—Each of the following provisions of the 

10 Internal Revenue Code of 1986 is amended by striking 

11 ‘‘2017’’ each place it appears and inserting ‘‘2024’’: 

12 (1) Section 4481(f). 

13 (2) Subsections (c)(4) and (d) of section 4482. 

14 (c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of 

15 the Internal Revenue Code of 1986 is amended— 

16 (1) by striking ‘‘October 1, 2016’’ each place it 

17 appears and inserting ‘‘October 1, 2023’’, 

18 (2) by striking ‘‘March 31, 2017’’ each place it 

19 appears and inserting ‘‘March 31, 2024’’, and 

20 (3) by striking ‘‘January 1, 2017’’ and inserting 

21 ‘‘January 1, 2024’’. 

22 (d) EXTENSION OF CERTAIN EXEMPTIONS.— 

23 (1) Section 4221(a) of the Internal Revenue Code 

24 of 1986 is amended by striking ‘‘October 1, 2016’’ and 

25 inserting ‘‘October 1, 2023’’. 
891 

† HR 22 EAS 

1 (2) Section 4483(i) of such Code is amended by 

2 striking ‘‘October 1, 2017’’ and inserting ‘‘October 1, 

3 2024’’. 

4 (e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— 

5 (1) IN GENERAL.—Section 9503 of the Internal 

6 Revenue Code of 1986 is amended— 

7 (A) in subsection (b)— 

8 (i) by striking ‘‘October 1, 2016’’ each 

9 place it appears in paragraphs (1) and (2) 

10 and inserting ‘‘October 1, 2023’’, 

11 (ii) by striking ‘‘OCTOBER 1, 2016’’ in 

12 the heading of paragraph (2) and inserting 

13 ‘‘OCTOBER 1, 2023’’, 

14 (iii) by striking ‘‘September 30, 2016’’ 

15 in paragraph (2) and inserting ‘‘September 

16 30, 2023’’, and 

17 (iv) by striking ‘‘July 1, 2017’’ in 

18 paragraph (2) and inserting ‘‘July 1, 

19 2024’’, and 

20 (B) in subsection (c)(2), by striking ‘‘July 

21 1, 2017’’ and inserting ‘‘July 1, 2024’’. 

22 (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX

23 TRANSFERS.— 

24 (A) IN GENERAL.—Paragraphs (3)(A)(i) 

25 and (4)(A) of section 9503(c) of such Code are 
892 

† HR 22 EAS 

1 each amended by striking ‘‘October 1, 2016’’ and 

2 inserting ‘‘October 1, 2023’’. 

3 (B) CONFORMING AMENDMENTS TO LAND

4 AND WATER CONSERVATION FUND.—Section 

5 200310 of title 54, United States Code, is 

6 amended— 

7 (i) by striking ‘‘October 1, 2017’’ each 

8 place it appears and inserting ‘‘October 1, 

9 2024’’, and 

10 (ii) by striking ‘‘October 1, 2016’’ and 

11 inserting ‘‘October 1, 2023’’. 

12 (f) EFFECTIVE DATE.—The amendments made by this 

13 section shall take effect on October 1, 2016. 

14 Subtitle B—Additional Transfers to 

15 Highway Trust Fund 

16 SEC. 51201. FURTHER ADDITIONAL TRANSFERS TO TRUST 

17 FUND. 

18 Subsection (f) of section 9503 of the Internal Revenue 

19 Code of 1986 is amended by redesignating paragraph (7) 

20 as paragraph (9) and by inserting after paragraph (6) the 

21 following new paragraphs: 

22 ‘‘(7) FURTHER TRANSFERS TO TRUST FUND.— 

23 Out of money in the Treasury not otherwise appro24 priated, there is hereby appropriated— 
893 

† HR 22 EAS 

1 ‘‘(A) $34,401,000,000 to the Highway Ac2 count (as defined in subsection (e)(5)(B)) in the 

3 Highway Trust Fund; and 

4 ‘‘(B) $11,214,000,000 to the Mass Transit 

5 Account in the Highway Trust Fund. 

6 ‘‘(8) ADDITIONAL INCREASE IN FUND BAL7 ANCE.—There is hereby transferred to the Highway 

8 Account (as defined in subsection (e)(5)(B)) in the 

9 Highway Trust Fund amounts appropriated from the 

10 Leaking Underground Storage Tank Trust Fund 

11 under section 9508(c)(4).’’. 

12 SEC. 51202. TRANSFER TO HIGHWAY TRUST FUND OF CER13 TAIN MOTOR VEHICLE SAFETY PENALTIES. 

14 (a) IN GENERAL.—Paragraph (5) of section 9503(b) 

15 of the Internal Revenue Code of 1986 is amended— 

16 (1) by striking ‘‘There are hereby’’ and inserting 

17 the following: 

18 ‘‘(A) IN GENERAL.—There are hereby’’, and 

19 (2) by adding at the end the following new para20 graph: 

21 ‘‘(B) PENALTIES RELATED TO MOTOR VEHI22 CLE SAFETY.— 

23 ‘‘(i) IN GENERAL.—There are hereby 

24 appropriated to the Highway Trust Fund 
894 

† HR 22 EAS 

1 amounts equivalent to covered motor vehicle 

2 safety penalty collections. 

3 ‘‘(ii) COVERED MOTOR VEHICLE SAFE4 TY PENALTY COLLECTIONS.—For purposes 

5 of this subparagraph, the term ‘covered 

6 motor vehicle safety penalty collections’ 

7 means any amount collected in connection 

8 with a civil penalty under section 30165 of 

9 title 49, United States Code, reduced by any 

10 award authorized by the Secretary of 

11 Transportation to be paid to any person in 

12 connection with information provided by 

13 such person related to a violation of chapter 

14 301 of such title which is a predicate to 

15 such civil penalty.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply to amounts collected after the date of 

18 the enactment of this Act. 

19 SEC. 51203. APPROPRIATION FROM LEAKING UNDER20 GROUND STORAGE TANK TRUST FUND. 

21 (a) IN GENERAL.—Subsection (c) of section 9508 of 

22 the Internal Revenue Code of 1986 is amended by adding 

23 at the end the following new paragraph: 

24 ‘‘(4) ADDITIONAL TRANSFER TO HIGHWAY TRUST

25 FUND.—Out of amounts in the Leaking Underground 
895 

† HR 22 EAS 

1 Storage Tank Trust Fund there is hereby appro2 priated— 

3 ‘‘(A) on the date of the enactment of the 

4 DRIVE Act, $100,000,000, 

5 ‘‘(B) on October 1, 2016, $100,000,000, and 

6 ‘‘(C) on October 1, 2017, $100,000,000, 

7 to be transferred under section 9503(f)(8) to the High8 way Account (as defined in section 9503(e)(5)(B)) in 

9 the Highway Trust Fund.’’. 

10 (b) CONFORMING AMENDMENT.—Section 9508(c)(1) of 

11 the Internal Revenue Code of 1986 is amended by striking 

12 ‘‘paragraphs (2) and (3)’’ and inserting ‘‘paragraphs (2), 

13 (3), and (4)’’. 

14 TITLE LII—OFFSETS 

15 Subtitle A—Tax Provisions 

16 SEC. 52101. CONSISTENT BASIS REPORTING BETWEEN ES17 TATE AND PERSON ACQUIRING PROPERTY 

18 FROM DECEDENT. 

19 (a) PROPERTY ACQUIRED FROM A DECEDENT.— 

20 (1) IN GENERAL.—Section 1014 of the Internal 

21 Revenue Code of 1986 is amended by adding at the 

22 end the following new subsection: 

23 ‘‘(f) BASIS MUST BE CONSISTENT WITH ESTATE TAX

24 VALUE.— 
896 

† HR 22 EAS 

1 ‘‘(1) IN GENERAL.—The basis under subsection 

2 (a) of any property shall not exceed— 

3 ‘‘(A) in the case of property the value of 

4 which has been finally determined for purposes 

5 of the tax imposed by chapter 11 on the estate 

6 of such decedent, such value, and 

7 ‘‘(B) in the case of property not described 

8 in subparagraph (A) and with respect to which 

9 a statement has been furnished under section 

10 6035(a) identifying the value of such property, 

11 such value. 

12 ‘‘(2) DETERMINATION.—For purposes of para13 graph (1), the value of property has been finally de14 termined for purposes of the tax imposed by chapter 

15 11 if— 

16 ‘‘(A) the value of such property is shown on 

17 a return under section 6018 and such value is 

18 not contested by the Secretary before the expira19 tion of the time for assessing a tax under chapter 

20 11, 

21 ‘‘(B) in a case not described in subpara22 graph (A), the value is specified by the Secretary 

23 and such value is not timely contested by the ex24 ecutor of the estate, or 
897 

† HR 22 EAS 

1 ‘‘(C) the value is determined by a court or 

2 pursuant to a settlement agreement with the Sec3 retary. 

4 ‘‘(3) REGULATIONS.—The Secretary may by reg5 ulations provide exceptions to the application of this 

6 subsection.’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

8 by this subsection shall apply to property with respect 

9 to which an estate tax return is filed after the date 

10 of the enactment of this Act. 

11 (b) INFORMATION REPORTING.— 

12 (1) IN GENERAL.—Subpart A of part III of sub13 chapter A of chapter 61 of the Internal Revenue Code 

14 of 1986 is amended by inserting after section 6034A 

15 the following new section: 

16 ‘‘SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING 

17 PROPERTY FROM DECEDENT. 

18 ‘‘(a) INFORMATION WITH RESPECT TO PROPERTY AC19 QUIRED FROM DECEDENTS.— 

20 ‘‘(1) IN GENERAL.—The executor of any estate 

21 required to file a return under section 6018(a) shall 

22 furnish to the Secretary and to each person acquiring 

23 any interest in property included in the decedent’s 

24 gross estate for Federal estate tax purposes a state25 ment identifying the value of each interest in such 
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† HR 22 EAS 

1 property as reported on such return and such other 

2 information with respect to such interest as the Sec3 retary may prescribe. 

4 ‘‘(2) STATEMENTS BY BENEFICIARIES.—Each 

5 person required to file a return under section 6018(b) 

6 shall furnish to the Secretary and to each other per7 son who holds a legal or beneficial interest in the 

8 property to which such return relates a statement 

9 identifying the information described in paragraph 

10 (1). 

11 ‘‘(3) TIME FOR FURNISHING STATEMENT.— 

12 ‘‘(A) IN GENERAL.—Each statement re13 quired to be furnished under paragraph (1) or 

14 (2) shall be furnished at such time as the Sec15 retary may prescribe, but in no case at a time 

16 later than the earlier of— 

17 ‘‘(i) the date which is 30 days after the 

18 date on which the return under section 6018 

19 was required to be filed (including exten20 sions, if any), or 

21 ‘‘(ii) the date which is 30 days after 

22 the date such return is filed. 

23 ‘‘(B) ADJUSTMENTS.—In any case in which 

24 there is an adjustment to the information re25 quired to be included on a statement filed under 
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† HR 22 EAS 

1 paragraph (1) or (2) after such statement has 

2 been filed, a supplemental statement under such 

3 paragraph shall be filed not later than the date 

4 which is 30 days after such adjustment is made. 

5 ‘‘(b) REGULATIONS.—The Secretary shall prescribe 

6 such regulations as necessary to carry out this section, in7 cluding regulations relating to— 

8 ‘‘(1) the extension of this section to property of 

9 estates not required to file an estate tax return, and 

10 ‘‘(2) situations in which the surviving joint ten11 ant or other recipient may have better information 

12 than the executor regarding the basis or fair market 

13 value of the property.’’. 

14 (2) PENALTY FOR FAILURE TO FILE.— 

15 (A) RETURN.—Section 6724(d)(1) of such 

16 Code is amended by striking ‘‘and’’ at the end of 

17 subparagraph (B), by striking the period at the 

18 end of subparagraph (C) and inserting ‘‘, and’’, 

19 and by adding at the end the following new sub20 paragraph: 

21 ‘‘(D) any statement required to be filed with 

22 the Secretary under section 6035.’’. 

23 (B) STATEMENT.—Section 6724(d)(2) of 

24 such Code is amended by striking ‘‘or’’ at the 

25 end of subparagraph (GG), by striking the pe-
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† HR 22 EAS 

1 riod at the end of subparagraph (HH) and in2 serting ‘‘, or’’, and by adding at the end the fol3 lowing new subparagraph: 

4 ‘‘(II) section 6035 (other than a 

5 statement described in paragraph 

6 (1)(D)).’’. 

7 (3) CLERICAL AMENDMENT.—The table of sec8 tions for subpart A of part III of subchapter A of 

9 chapter 61 of such Code is amended by inserting after 

10 the item relating to section 6034A the following new 

11 item: 

12 ‘‘SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING 

13 PROPERTY FROM DECEDENT.’’. 

14 (4) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall take effect on the date of the 

16 enactment of this Act. 

17 (c) PENALTY FOR INCONSISTENT REPORTING.— 

18 (1) IN GENERAL.—Subsection (b) of section 6662 

19 of the Internal Revenue Code of 1986 is amended by 

20 inserting after paragraph (7) the following new para21 graph: 

22 ‘‘(8) Any inconsistent estate basis.’’. 

23 (2) INCONSISTENT BASIS REPORTING.—Section 

24 6662 of such Code is amended by adding at the end 

25 the following new subsection: 
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† HR 22 EAS 

1 ‘‘(k) INCONSISTENT ESTATE BASIS REPORTING.—For 

2 purposes of this section, there is an ‘inconsistent estate 

3 basis’ if the basis of property (determined without regard 

4 to adjustments to basis during the period the property was 

5 held by the taxpayer) claimed on a return exceeds the basis 

6 as determined under section 1014(f).’’. 

7 (3) EFFECTIVE DATE.—The amendments made 

8 by this subsection shall apply to returns filed after the 

9 date of the enactment of this Act. 

10 SEC. 52102. 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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† HR 22 EAS 

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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† HR 22 EAS 

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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† HR 22 EAS 

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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† HR 22 EAS 

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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† HR 22 EAS 

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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† HR 22 EAS 

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. 52103. CLARIFICATION OF 6-YEAR STATUTE OF LIMITA14 TIONS IN CASE OF OVERSTATEMENT OF 

15 BASIS. 

16 (a) IN GENERAL.—Subparagraph (B) of section 

17 6501(e)(1) of the Internal Revenue Code of 1986 is amend18 ed— 

19 (1) by striking ‘‘and’’ at the end of clause (i), by 

20 redesignating clause (ii) as clause (iii), and by insert21 ing after clause (i) the following new clause: 

22 ‘‘(ii) An understatement of gross in23 come by reason of an overstatement of unre24 covered cost or other basis is an omission 

25 from gross income; and’’, 
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† HR 22 EAS 

1 (2) by inserting ‘‘(other than in the case of an 

2 overstatement of unrecovered cost or other basis)’’ in 

3 clause (iii) (as so redesignated) after ‘‘In determining 

4 the amount omitted from gross income’’, and 

5 (3) by inserting ‘‘AMOUNT OMITTED FROM’’ after 

6 ‘‘DETERMINATION OF’’ in the heading thereof. 

7 (b) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply to— 

9 (1) returns filed after the date of the enactment 

10 of this Act, and 

11 (2) returns filed on or before such date if the pe12 riod specified in section 6501 of the Internal Revenue 

13 Code of 1986 (determined without regard to such 

14 amendments) for assessment of the taxes with respect 

15 to which such return relates has not expired as of 

16 such date. 

17 SEC. 52104. ADDITIONAL INFORMATION ON RETURNS RE18 LATING TO MORTGAGE INTEREST. 

19 (a) IN GENERAL.—Paragraph (2) of section 6050H(b) 

20 of the Internal Revenue Code of 1986 is amended by strik21 ing ‘‘and’’ at the end of subparagraph (C), by redesignating 

22 subparagraph (D) as subparagraph (G), and by inserting 

23 after subparagraph (C) the following new subparagraphs: 
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† HR 22 EAS 

1 ‘‘(D) the amount of outstanding principal 

2 on the mortgage as of the beginning of such cal3 endar year, 

4 ‘‘(E) the address of the property securing 

5 such mortgage, 

6 ‘‘(F) the date of the origination of such 

7 mortgage, and’’. 

8 (b) PAYEE STATEMENTS.—Subsection (d) of section 

9 6050H of the Internal Revenue Code of 1986 is amended 

10 by striking ‘‘and’’ at the end of paragraph (1), by striking 

11 the period at the end of paragraph (2) and inserting ‘‘, 

12 and’’, and by inserting after paragraph (2) the following 

13 new paragraph: 

14 ‘‘(3) the information required to be included on 

15 the return under subparagraphs (D), (E), and (F) of 

16 subsection (b)(2).’’. 

17 (c) EFFECTIVE DATE.—The amendments made by this 

18 section shall apply to returns and statements the due date 

19 for which (determined without regard to extensions) is after 

20 December 31, 2016. 

21 SEC. 52105. RETURN DUE DATE MODIFICATIONS. 

22 (a) NEW DUE DATE FOR PARTNERSHIP FORM 1065, 

23 S CORPORATION FORM 1120S, AND C CORPORATION FORM

24 1120.— 

25 (1) PARTNERSHIPS.— 
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† HR 22 EAS 

1 (A) IN GENERAL.—Section 6072 of the In2 ternal Revenue Code of 1986 is amended by add3 ing at the end the following new subsection: 

4 ‘‘(f) RETURNS OF PARTNERSHIPS.—Returns of part5 nerships under section 6031 made on the basis of the cal6 endar year shall be filed on or before the 15th day of March 

7 following the close of the calendar year, and such returns 

8 made on the basis of a fiscal year shall be filed on or before 

9 the 15th day of the third month following the close of the 

10 fiscal year.’’. 

11 (B) CONFORMING AMENDMENT.—Section 

12 6072(a) of such Code is amended by striking 

13 ‘‘6017, or 6031’’ and inserting ‘‘or 6017’’. 

14 (2) S CORPORATIONS.— 

15 (A) IN GENERAL.—So much of subsection 

16 (b) of section 6072 of the Internal Revenue Code 

17 of 1986 as precedes the second sentence thereof is 

18 amended to read as follows: 

19 ‘‘(b) RETURNS OF CERTAIN CORPORATIONS.—Returns 

20 of S corporations under sections 6012 and 6037 made on 

21 the basis of the calendar year shall be filed on or before 

22 the 31st day of March following the close of the calendar 

23 year, and such returns made on the basis of a fiscal year 

24 shall be filed on or before the last day of the third month 

25 following the close of the fiscal year.’’. 
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† HR 22 EAS 

1 (B) CONFORMING AMENDMENTS.— 

2 (i) Section 1362(b) of such Code is 

3 amended— 

4 (I) by striking ‘‘15th’’ each place 

5 it appears and inserting ‘‘last’’, 

(II) by striking ‘‘21 6 ⁄2’’ each place 

7 it appears in the headings and the text 

8 and inserting ‘‘3’’, and 

9 (III) by striking ‘‘2 months and 

10 15 days’’ in paragraph (4) and insert11 ing ‘‘3 months’’. 

12 (ii) Section 1362(d)(1)(C)(i) of such 

13 Code is amended by striking ‘‘15th’’ and in14 serting ‘‘last’’. 

15 (iii) Section 1362(d)(1)(C)(ii) of such 

16 Code is amended by striking ‘‘such 15th 

17 day’’ and inserting ‘‘the last day of the 3d 

18 month thereof’’. 

19 (3) CONFORMING AMENDMENTS RELATING TO C

20 CORPORATIONS.— 

21 (A) Section 170(a)(2)(B) of such Code is 

22 amended by striking ‘‘third month’’ and insert23 ing ‘‘4th month’’. 
912 

† HR 22 EAS 

1 (B) Section 563 of such Code is amended by 

2 striking ‘‘third month’’ each place it appears 

3 and inserting ‘‘4th month’’. 

4 (C) Section 1354(d)(1)(B)(i) of such Code is 

5 amended by striking ‘‘3d month’’ and inserting 

6 ‘‘4th month’’. 

7 (D) Subsection (a) and (c) of section 6167 

8 of such Code are each amended by striking 

9 ‘‘third month’’ and inserting ‘‘4th month’’. 

10 (E) Section 6425(a)(1) of such Code is 

11 amended by striking ‘‘third month’’ and insert12 ing ‘‘4th month’’. 

13 (F) Section 6655 of such Code is amend14 ed— 

15 (i) by striking ‘‘3rd month’’ each place 

16 it appears in subsections (b)(2)(A), (g)(3), 

17 and (h)(1) and inserting ‘‘4th month’’, and 

18 (ii) in subsection (g)(4), by redesig19 nating subparagraph (E) as subparagraph 

20 (F) and by inserting after subparagraph 

21 (D) the following new subparagraph: 

22 ‘‘(E) Subsection (b)(2)(A) shall be applied 

23 by substituting ‘the last day of the 3rd month’ 

24 for ‘the 15th day of the 4th month’.’’. 

25 (4) EFFECTIVE DATES.— 
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† HR 22 EAS 

1 (A) IN GENERAL.—Except as otherwise pro2 vided in this paragraph, the amendments made 

3 by this subsection shall apply to returns for tax4 able years beginning after December 31, 2015. 

5 (B) CONFORMING AMENDMENTS RELATING

6 TO S CORPORATIONS.—The amendments made by 

7 paragraph (2)(B) shall apply with respect to 

8 elections for taxable years beginning after De9 cember 31, 2015. 

10 (C) CONFORMING AMENDMENTS RELATING

11 TO C CORPORATIONS.—The amendments made by 

12 paragraph (3) shall apply to taxable years be13 ginning after December 31, 2015. 

14 (5) SPECIAL RULE FOR CERTAIN C CORPORATION

15 IN 2025.—In the case of a taxable year of a C Cor16 poration ending on June 30, 2025, section 6072(a) of 

17 the Internal Revenue Code of 1986 shall be applied by 

18 substituting ‘‘third month’’ for ‘‘fourth month’’. 

19 (b) MODIFICATION OF DUE DATES BY REGULATION.— 

20 In the case of returns for any taxable period beginning after 

21 December 31, 2015, the Secretary of the Treasury or the 

22 Secretary’s delegate shall modify appropriate regulations to 

23 provide as follows: 

24 (1) The maximum extension for the returns of 

25 partnerships filing Form 1065 shall be a 6-month pe-
914 

† HR 22 EAS 

1 riod beginning on the due date for filing the return 

2 (without regard to any extensions). 

3 (2) The maximum extension for the returns of 

trusts and estates filing Form 1041 shall be a 51 4 ⁄2- 

5 month period beginning on the due date for filing the 

6 return (without regard to any extensions). 

7 (3) The maximum extension for the returns of 

8 employee benefit plans filing Form 5500 shall be an 

automatic 31 9 ⁄2-month period beginning on the due 

10 date for filing the return (without regard to any ex11 tensions). 

12 (4) The maximum extension for the Forms 990 

13 (series) returns of organizations exempt from income 

14 tax shall be an automatic 6-month period beginning 

15 on the due date for filing the return (without regard 

16 to any extensions). 

17 (5) The maximum extension for the returns of 

18 organizations exempt from income tax that are re19 quired to file Form 4720 returns of excise taxes shall 

20 be an automatic 6-month period beginning on the due 

21 date for filing the return (without regard to any ex22 tensions). 

23 (6) The maximum extension for the returns of 

24 trusts required to file Form 5227 shall be an auto-
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† HR 22 EAS 

1 matic 6-month period beginning on the due date for 

2 filing the return (without regard to any extensions). 

3 (7) The maximum extension for filing Form 

4 6069, Return of Excise Tax on Excess Contributions 

5 to Black Lung Benefit Trust Under Section 4953 and 

6 Computation of Section 192 Deduction, shall be an 

7 automatic 6-month period beginning on the due date 

8 for filing the return (without regard to any exten9 sions). 

10 (8) The maximum extension for a taxpayer re11 quired to file Form 8870 shall be an automatic 6- 

12 month period beginning on the due date for filing the 

13 return (without regard to any extensions). 

14 (9) The due date of Form 3520–A, Annual Infor15 mation Return of a Foreign Trust with a United 

16 States Owner, shall be the 15th day of the 3rd month 

17 after the close of the trust’s taxable year, and the 

18 maximum extension shall be a 6-month period begin19 ning on such day. 

20 (10) The due date of FinCEN Form 114 (relat21 ing to Report of Foreign Bank and Financial Ac22 counts) shall be April 15 with a maximum extension 

23 for a 6-month period ending on October 15, and with 

24 provision for an extension under rules similar to the 

25 rules of 26 C.F.R. 1.6081–5. For any taxpayer re-
916 

† HR 22 EAS 

1 quired to file such form for the first time, the Sec2 retary of the Treasury may waive any penalty for 

3 failure to timely request or file an extension. 

4 (11) Taxpayers filing Form 3520, Annual Re5 turn to Report Transactions with Foreign Trusts and 

6 Receipt of Certain Foreign Gifts, shall be allowed to 

7 extend the time for filing such form separately from 

8 the income tax return of the taxpayer, for an auto9 matic 6-month period beginning on the due date for 

10 filing the return (without regard to any extensions). 

11 (c) CORPORATIONS PERMITTED STATUTORY AUTO12 MATIC 6-MONTH EXTENSION OF INCOME TAX RETURNS.— 

13 (1) IN GENERAL.—Section 6081(b) of the Inter14 nal Revenue Code of 1986 is amended by striking ‘‘3 

15 months’’ and inserting ‘‘6 months’’. 

16 (2) EFFECTIVE DATE.—The amendments made 

17 by this subsection shall apply to returns for taxable 

18 years beginning after December 31, 2015. 

19 (3) SPECIAL RULE FOR CERTAIN C CORPORA20 TIONS IN 2024.—In the case of any taxable year of a 

21 C corporation ending on December 31, 2024, sub22 sections (a) and (b) of section 6081 of the Internal 

23 Revenue Code of 1986 shall each be applied to returns 

24 of income taxes under subtitle A by substituting ‘‘5 

25 months’’ for ‘‘6 months’’. 
917 

† HR 22 EAS 

1 SEC. 52106. REFORM OF RULES RELATING TO QUALIFIED 

2 TAX COLLECTION CONTRACTS. 

3 (a) REQUIREMENT TO COLLECT CERTAIN INACTIVE

4 TAX RECEIVABLES UNDER QUALIFIED TAX COLLECTION

5 CONTRACTS.—Section 6306 of the Internal Revenue Code 

6 of 1986 is amended by redesignating subsections (c) through 

7 (f) as subsections (d) through (g), respectively, and by in8 serting after subsection (b) the following new subsection: 

9 ‘‘(c) COLLECTION OF INACTIVE TAX RECEIVABLES.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding any other 

11 provision of law, the Secretary shall enter into one or 

12 more qualified tax collection contracts for the collec13 tion of all outstanding inactive tax receivables. 

14 ‘‘(2) INACTIVE TAX RECEIVABLES.—For purposes 

15 of this section— 

16 ‘‘(A) IN GENERAL.—The term ‘inactive tax 

17 receivable’ means any tax receivable if— 

18 ‘‘(i) at any time after assessment, the 

19 Internal Revenue Service removes such re20 ceivable from the active inventory for lack of 

21 resources or inability to locate the taxpayer, 

‘‘(ii) more than 1 22 ⁄3 of the period of the 

23 applicable statute of limitation has lapsed 

24 and such receivable has not been assigned 

25 for collection to any employee of the Inter26 nal Revenue Service, or 
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† HR 22 EAS 

1 ‘‘(iii) in the case of a receivable which 

2 has been assigned for collection, more than 

3 365 days have passed without interaction 

4 with the taxpayer or a third party for pur5 poses of furthering the collection of such re6 ceivable. 

7 ‘‘(B) TAX RECEIVABLE.—The term ‘tax re8 ceivable’ means any outstanding assessment 

9 which the Internal Revenue Service includes in 

10 potentially collectible inventory.’’. 

11 (b) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR

12 COLLECTION UNDER QUALIFIED TAX COLLECTION CON13 TRACTS.—Section 6306 of the Internal Revenue Code of 

14 1986, as amended by subsection (a), is amended by redesig15 nating subsections (d) through (g) as subsections (e) through 

16 (h), respectively, and by inserting after subsection (c) the 

17 following new subsection: 

18 ‘‘(d) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR

19 COLLECTION UNDER QUALIFIED TAX COLLECTIONS CON20 TRACTS.—A tax receivable shall not be eligible for collection 

21 pursuant to a qualified tax collection contract if such re22 ceivable— 

23 ‘‘(1) is subject to a pending or active offer-in24 compromise or installment agreement, 

25 ‘‘(2) is classified as an innocent spouse case, 
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† HR 22 EAS 

1 ‘‘(3) involves a taxpayer identified by the Sec2 retary as being— 

3 ‘‘(A) deceased, 

4 ‘‘(B) under the age of 18, 

5 ‘‘(C) in a designated combat zone, or 

6 ‘‘(D) a victim of tax-related identity theft, 

7 ‘‘(4) is currently under examination, litigation, 

8 criminal investigation, or levy, or 

9 ‘‘(5) is currently subject to a proper exercise of 

10 a right of appeal under this title.’’. 

11 (c) CONTRACTING PRIORITY.—Section 6306 of the In12 ternal Revenue Code of 1986, as amended by the preceding 

13 provisions of this section, is amended by redesignating sub14 section (h) as subsection (i) and by inserting after sub15 section (g) the following new subsection: 

16 ‘‘(h) CONTRACTING PRIORITY.—In contracting for the 

17 services of any person under this section, the Secretary shall 

18 utilize private collection contractors and debt collection cen19 ters on the schedule required under section 3711(g) of title 

20 31, United States Code, including the technology and com21 munications infrastructure established therein, to the extent 

22 such private collection contractors and debt collection cen23 ters are appropriate to carry out the purposes of this sec24 tion.’’. 
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† HR 22 EAS 

1 (d) DISCLOSURE OF RETURN INFORMATION.—Section 

2 6103(k) of the Internal Revenue Code of 1986 is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(11) QUALIFIED TAX COLLECTION CONTRAC5 TORS.—Persons providing services pursuant to a 

6 qualified tax collection contract under section 6306 

7 may, if speaking to a person who has identified him8 self or herself as having the name of the taxpayer to 

9 which a tax receivable (within the meaning of such 

10 section) relates, identify themselves as contractors of 

11 the Internal Revenue Service and disclose the business 

12 name of the contractor, and the nature, subject, and 

13 reason for the contact. Disclosures under this para14 graph shall be made only in such situations and 

15 under such conditions as have been approved by the 

16 Secretary.’’. 

17 (e) TAXPAYERS AFFECTED BY FEDERALLY DECLARED

18 DISASTERS.—Section 6306 of the Internal Revenue Code of 

19 1986, as amended by the preceding provisions of this sec20 tion, is amended by redesignating subsection (i) as sub21 section (j) and by inserting after subsection (h) the fol22 lowing new subsection: 

23 ‘‘(i) TAXPAYERS IN PRESIDENTIALLY DECLARED DIS24 ASTER AREAS.—The Secretary may prescribe procedures 

25 under which a taxpayer determined to be affected by a Fed-
921 

† HR 22 EAS 

1 erally declared disaster (as defined by section 165(i)(5)) 

2 may request— 

3 ‘‘(1) relief from immediate collection measures by 

4 contractors under this section, and 

5 ‘‘(2) a return of the inactive tax receivable to the 

6 inventory of the Internal Revenue Service to be col7 lected by an employee thereof.’’. 

8 (f) REPORT TO CONGRESS.— 

9 (1) IN GENERAL.—Section 6306 of the Internal 

10 Revenue Code of 1986, as amended by the preceding 

11 provisions of this section, is amended by redesig12 nating subsection (j) as subsection (k) and by insert13 ing after subsection (i) the following new subsection: 

14 ‘‘(j) REPORT TO CONGRESS.—Not later than 90 days 

15 after the last day of each fiscal year (beginning with the 

16 first such fiscal year ending after the date of the enactment 

17 of this subsection), the Secretary shall submit to the Com18 mittee on Ways and Means of the House of Representatives 

19 and the Committee on Finance of the Senate a report with 

20 respect to qualified tax collection contracts under this sec21 tion which shall include— 

22 ‘‘(1) annually, with respect to such fiscal year— 

23 ‘‘(A) the total number and amount of tax 

24 receivables provided to each contractor for collec25 tion under this section, 
922 

† HR 22 EAS 

1 ‘‘(B) the total amounts collected (and 

2 amounts of installment agreements entered into 

3 under subsection (b)(1)(B)) with respect to each 

4 contractor and the collection costs incurred (di5 rectly and indirectly) by the Internal Revenue 

6 Service with respect to such amounts, 

7 ‘‘(C) the impact of such contracts on the 

8 total number and amount of unpaid assessments, 

9 and on the number and amount of assessments 

10 collected by Internal Revenue Service personnel 

11 after initial contact by a contractor, 

12 ‘‘(D) the amount of fees retained by the Sec13 retary under subsection (e) and a description of 

14 the use of such funds, and 

15 ‘‘(E) a disclosure safeguard report in a 

16 form similar to that required under section 

17 6103(p)(5), and 

18 ‘‘(2) biannually (beginning with the second re19 port submitted under this subsection)— 

20 ‘‘(A) an independent evaluation of con21 tractor performance, and 

22 ‘‘(B) a measurement plan that includes a 

23 comparison of the best practices used by the pri24 vate collectors to the collection techniques used by 

25 the Internal Revenue Service and mechanisms to 
923 

† HR 22 EAS 

1 identify and capture information on successful 

2 collection techniques used by the contractors that 

3 could be adopted by the Internal Revenue Serv4 ice.’’. 

5 (2) REPEAL OF EXISTING REPORTING REQUIRE6 MENTS WITH RESPECT TO QUALIFIED TAX COLLEC7 TION CONTRACTS.—Section 881 of the American Jobs 

8 Creation Act of 2004 is amended by striking sub9 section (e). 

10 (g) EFFECTIVE DATES.— 

11 (1) IN GENERAL.—The amendments made by 

12 subsections (a) and (b) shall apply to tax receivables 

13 identified by the Secretary after the date of the enact14 ment of this Act. 

15 (2) CONTRACTING PRIORITY.—The Secretary 

16 shall begin entering into contracts and agreements as 

17 described in the amendment made by subsection (c) 

18 within 3 months after the date of the enactment of 

19 this Act. 

20 (3) DISCLOSURES.—The amendment made by 

21 subsection (d) shall apply to disclosures made after 

22 the date of the enactment of this Act. 

23 (4) PROCEDURES; REPORT TO CONGRESS.—The 

24 amendments made by subsections (e) and (f) shall 

25 take effect on the date of the enactment of this Act. 
924 

† HR 22 EAS 

1 SEC. 52107. SPECIAL COMPLIANCE PERSONNEL PROGRAM. 

2 (a) IN GENERAL.—Subsection (e) of section 6306 of 

3 the Internal Revenue Code of 1986, as redesignated by sec4 tion 52106, is amended by striking ‘‘for collection enforce5 ment activities of the Internal Revenue Service’’ in para6 graph (2) and inserting ‘‘to fund the special compliance 

7 personnel program account under section 6307’’. 

8 (b) SPECIAL COMPLIANCE PERSONNEL PROGRAM AC9 COUNT.—Subchapter A of chapter 64 of the Internal Rev10 enue Code of 1986 is amended by adding at the end the 

11 following new section: 

12 ‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM 

13 ACCOUNT. 

14 ‘‘(a) ESTABLISHMENT OF A SPECIAL COMPLIANCE

15 PERSONNEL PROGRAM ACCOUNT.—The Secretary shall es16 tablish an account within the Department for carrying out 

17 a program consisting of the hiring, training, and employ18 ment of special compliance personnel, and shall transfer to 

19 such account from time to time amounts retained by the 

20 Secretary under section 6306(e)(2). 

21 ‘‘(b) RESTRICTIONS.—The program described in sub22 section (a) shall be subject to the following restrictions: 

23 ‘‘(1) No funds shall be transferred to such ac24 count except as described in subsection (a). 

25 ‘‘(2) No other funds from any other source shall 

26 be expended for special compliance personnel em-
925 

† HR 22 EAS 

1 ployed under such program, and no funds from such 

2 account shall be expended for the hiring of any per3 sonnel other than special compliance personnel. 

4 ‘‘(3) Notwithstanding any other authority, the 

5 Secretary is prohibited from spending funds out of 

6 such account for any purpose other than for costs 

7 under such program associated with the employment 

8 of special compliance personnel and the retraining 

9 and reassignment of current noncollections personnel 

10 as special compliance personnel, and to reimburse the 

11 Internal Revenue Service or other government agen12 cies for the cost of administering qualified tax collec13 tion contracts under section 6306. 

14 ‘‘(c) REPORTING.—Not later than March of each year, 

15 the Commissioner of Internal Revenue shall submit a report 

16 to the Committees on Finance and Appropriations of the 

17 Senate and the Committees on Ways and Means and Appro18 priations of the House of Representatives consisting of the 

19 following: 

20 ‘‘(1) For the preceding fiscal year, all funds re21 ceived in the account established under subsection (a), 

22 administrative and program costs for the program de23 scribed in such subsection, the number of special com24 pliance personnel hired and employed under the pro-
926 

† HR 22 EAS 

1 gram, and the amount of revenue actually collected by 

2 such personnel. 

3 ‘‘(2) For the current fiscal year, all actual and 

4 estimated funds received or to be received in the ac5 count, all actual and estimated administrative and 

6 program costs, the number of all actual and estimated 

7 special compliance personnel hired and employed 

8 under the program, and the actual and estimated rev9 enue actually collected or to be collected by such per10 sonnel. 

11 ‘‘(3) For the following fiscal year, an estimate of 

12 all funds to be received in the account, all estimated 

13 administrative and program costs, the estimated 

14 number of special compliance personnel hired and 

15 employed under the program, and the estimated rev16 enue to be collected by such personnel. 

17 ‘‘(d) DEFINITIONS.—For purposes of this section— 

18 ‘‘(1) SPECIAL COMPLIANCE PERSONNEL.—The 

19 term ‘special compliance personnel’ means individ20 uals employed by the Internal Revenue Service as 

21 field function collection officers or in a similar posi22 tion, or employed to collect taxes using the automated 

23 collection system or an equivalent replacement system. 

24 ‘‘(2) PROGRAM COSTS.—The term ‘program 

25 costs’ means— 
927 

† HR 22 EAS 

1 ‘‘(A) total salaries (including locality pay 

2 and bonuses), benefits, and employment taxes for 

3 special compliance personnel employed or 

4 trained under the program described in sub5 section (a), and 

6 ‘‘(B) direct overhead costs, salaries, benefits, 

7 and employment taxes relating to support staff, 

8 rental payments, office equipment and furniture, 

9 travel, data processing services, vehicle costs, 

10 utilities, telecommunications, postage, printing 

11 and reproduction, supplies and materials, lands 

12 and structures, insurance claims, and indem13 nities for special compliance personnel hired and 

14 employed under this section. 

15 For purposes of subparagraph (B), the cost of man16 agement and supervision of special compliance per17 sonnel shall be taken into account as direct overhead 

18 costs to the extent such costs, when included in total 

19 program costs under this paragraph, do not represent 

20 more than 10 percent of such total costs.’’. 

21 (c) CLERICAL AMENDMENT.—The table of sections for 

22 subchapter A of chapter 64 of the Internal Revenue Code 

23 of 1986 is amended by inserting after the item relating to 

24 section 6306 the following new item: 

‘‘Sec. 6307. Special compliance personnel program account.’’. 
928 

† HR 22 EAS 

1 (d) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall apply to amounts collected and retained 

3 by the Secretary after the date of the enactment of this Act. 

4 SEC. 52108. TRANSFERS OF EXCESS PENSION ASSETS TO 

5 RETIREE HEALTH ACCOUNTS. 

6 (a) IN GENERAL.—Section 420(b)(4) of the Internal 

7 Revenue Code of 1986 is amended by striking ‘‘December 

8 31, 2021’’ and inserting ‘‘December 31, 2025’’. 

9 (b) CONFORMING ERISA AMENDMENTS.— 

10 (1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) 

11 of the Employee Retirement Income Security Act of 

12 1974 (29 U.S.C. 1021(e)(3), 1103(c)(1), 1108(b)(13)) 

13 are each amended by striking ‘‘MAP–21’’ and insert14 ing ‘‘DRIVE Act’’. 

15 (2) Section 408(b)(13) of such Act (29 U.S.C. 

16 1108(b)(13)) is amended by striking ‘‘January 1, 

17 2022’’ and inserting ‘‘January 1, 2026’’. 

18 Subtitle B—Fees and Receipts 

19 SEC. 52201. EXTENSION OF DEPOSITS OF SECURITY SERV20 ICE FEES IN THE GENERAL FUND. 

21 Section 44940(i)(4) of title 49, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(K) $1,750,000,000 for each of fiscal years 

24 2024 and 2025.’’. 
929 

† HR 22 EAS 

1 SEC. 52202. ADJUSTMENT FOR INFLATION OF FEES FOR 

2 CERTAIN CUSTOMS SERVICES. 

3 (a) IN GENERAL.—Section 13031 of the Consolidated 

4 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

5 58c) is amended by adding at the end the following: 

6 ‘‘(l) ADJUSTMENT OF FEES FOR INFLATION.— 

7 ‘‘(1) IN GENERAL.—The Secretary of the Treas8 ury shall adjust the fees established under subsection 

9 (a), and the limitations on such fees under para10 graphs (2), (3), (5), (6), (8), and (9) of subsection (b), 

11 on October 1, 2015, and annually thereafter, to reflect 

12 the percentage (if any) of the increase in the average 

13 of the Consumer Price Index for the preceding 12- 

14 month period compared to the Consumer Price Index 

15 for fiscal year 2014. 

16 ‘‘(2) SPECIAL RULES FOR CALCULATION OF AD17 JUSTMENT.—In adjusting under paragraph (1) the 

18 amount of the fees established under subsection (a), 

19 and the limitations on such fees under paragraphs 

20 (2), (3), (5), (6), (8), and (9) of subsection (b), the 

21 Secretary— 

22 ‘‘(A) shall round the amount of any in23 crease in the Consumer Price Index to the near24 est dollar; and 

25 ‘‘(B) may ignore any such increase of less 

26 than 1 percent. 
930 

† HR 22 EAS 

1 ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For 

2 purposes of this subsection, the term ‘Consumer Price 

3 Index’ means the Consumer Price Index for All Urban 

4 Consumers published by the Bureau of Labor Statis5 tics of the Department of Labor.’’. 

6 (b) DEPOSITS INTO CUSTOMS USER FEE ACCOUNT.— 

7 Section 13031(f) of the Consolidated Omnibus Budget Rec8 onciliation Act of 1985 (19 U.S.C. 58c(f)) is amended— 

9 (1) in paragraph (1), in the matter preceding 

10 subparagraph (A), by striking ‘‘all fees collected under 

11 subsection (a)’’ and inserting ‘‘the amount of fees col12 lected under subsection (a) (determined without re13 gard to any adjustment made under subsection (l))’’; 

14 and 

15 (2) in paragraph (3)(A), in the matter preceding 

16 clause (i)— 

17 (A) by striking ‘‘fees collected’’ and insert18 ing ‘‘amount of fees collected’’; and 

19 (B) by striking ‘‘), each appropriation’’ and 

20 inserting ‘‘, and determined without regard to 

21 any adjustment made under subsection (l)), each 

22 appropriation’’. 

23 (c) CONFORMING AMENDMENTS.—Section 13031 of the 

24 Consolidated Omnibus Budget Reconciliation Act of 1985 
931 

† HR 22 EAS 

1 (19 U.S.C. 58c), as amended by subsections (a) and (b), 

2 is further amended— 

3 (1) in subsection (a), in the matter preceding 

4 paragraph (1), by inserting ‘‘(subject to adjustment 

5 under subsection (l))’’ after ‘‘following fees’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (2), by inserting ‘‘(subject 

8 to adjustment under subsection (l))’’ after ‘‘in 

9 fees’’; 

10 (B) in paragraph (3), by inserting ‘‘(subject 

11 to adjustment under subsection (l))’’ after ‘‘in 

12 fees’’; 

13 (C) in paragraph (5)(A), by inserting 

14 ‘‘(subject to adjustment under subsection (l))’’ 

15 after ‘‘in fees’’; 

16 (D) in paragraph (6), by inserting ‘‘(subject 

17 to adjustment under subsection (l))’’ after ‘‘in 

18 fees’’; 

19 (E) in paragraph (8)(A)— 

20 (i) in clause (i), by inserting ‘‘or (l)’’ 

21 after ‘‘subsection (a)(9)(B)’’; and 

22 (ii) in clause (ii), by inserting ‘‘(sub23 ject to adjustment under subsection (l))’’ 

24 after ‘‘$3’’; and 

25 (F) in paragraph (9)— 
932 

† HR 22 EAS 

1 (i) in subparagraph (A)— 

2 (I) in the matter preceding clause 

3 (i), by inserting ‘‘and subject to adjust4 ment under subsection (l)’’ after ‘‘Tar5 iff Act of 1930’’; and 

6 (II) in clause (ii)(I), by inserting 

7 ‘‘(subject to adjustment under sub8 section (l))’’ after ‘‘bill of lading’’; and 

9 (ii) in subparagraph (B)(i), by insert10 ing ‘‘(subject to adjustment under subsection 

11 (l))’’ after ‘‘bill of lading’’. 

12 SEC. 52203. DIVIDENDS AND SURPLUS FUNDS OF RESERVE 

13 BANKS. 

14 Section 7(a)(1)(A) of the Federal Reserve Act (12 

15 U.S.C. 289(a)(1)(A)) is amended by striking ‘‘6 percent’’ 

16 and inserting ‘‘6 percent (1.5 percent in the case of a stock17 holder having total consolidated assets of more than 

18 $1,000,000,000 (determined as of September 30 of the pre19 ceding fiscal year))’’. 

20 SEC. 52204. STRATEGIC PETROLEUM RESERVE DRAWDOWN 

21 AND SALE. 

22 (a) DRAWDOWN AND SALE.— 

23 (1) IN GENERAL.—Notwithstanding section 161 

24 of the Energy Policy and Conservation Act (42 U.S.C. 

25 6241), except as provided in subsections (b) and (c), 
933 

† HR 22 EAS 

1 the Secretary of Energy shall drawdown and sell from 

2 the Strategic Petroleum Reserve— 

3 (A) the quantity of barrels of crude oil that 

4 the Secretary of Energy determines to be appro5 priate to maximize the financial return to 

6 United States taxpayers for each of fiscal years 

7 2016 and 2017; 

8 (B) 4,000,000 barrels of crude oil during 

9 fiscal year 2018; 

10 (C) 5,000,000 barrels of crude oil during 

11 fiscal year 2019; 

12 (D) 8,000,000 barrels of crude oil during 

13 fiscal year 2020; 

14 (E) 8,000,000 barrels of crude oil during 

15 fiscal year 2021; 

16 (F) 10,000,000 barrels of crude oil during 

17 fiscal year 2022; 

18 (G) 16,000,000 barrels of crude oil during 

19 fiscal year 2023; 

20 (H) 25,000,000 barrels of crude oil during 

21 fiscal year 2024; and 

22 (I) 25,000,000 barrels of crude oil during 

23 fiscal year 2025. 

24 (2) DEPOSIT OF AMOUNTS RECEIVED FROM

25 SALE.—Amounts received from a sale under para-
934 

† HR 22 EAS 

1 graph (1) shall be deposited in the general fund of the 

2 Treasury during the fiscal year in which the sale oc3 curs. 

4 (b) EMERGENCY PROTECTION.—In any 1 fiscal year 

5 described in subsection (a)(1), the Secretary of Energy shall 

6 not drawdown and sell crude oil under this section in quan7 tities that would result in a Strategic Petroleum Reserve 

8 that contains an inventory of petroleum products rep9 resenting fewer than 90 days of emergency reserves, based 

10 on the average daily level of net imports of crude oil and 

11 petroleum products in the calendar year preceding that fis12 cal year. 

13 (c) INCREASE; LIMITATION.— 

14 (1) INCREASE.—The Secretary of Energy may 

15 increase the drawdown and sales under subpara16 graphs (A) through (I) of subsection (a)(1) as the Sec17 retary of Energy determines to be appropriate to 

18 maximize the financial return to United States tax19 payers. 

20 (2) LIMITATION.—The Secretary of Energy shall 

21 not drawdown or conduct sales of crude oil under this 

22 section after the date on which a total of 

23 $9,050,000,000 has been deposited in the general fund 

24 of the Treasury from sales authorized under this sec25 tion. 
935 

† HR 22 EAS 

1 SEC. 52205. EXTENSION OF ENTERPRISE GUARANTEE FEE. 

2 Section 1327(f) of the Housing and Community Devel3 opment Act of 1992 (12 U.S.C. 4547(f)) is amended by 

4 striking ‘‘October 1, 2021’’ and inserting ‘‘October 1, 2025’’. 

5 Subtitle C—Outlays 

6 SEC. 52301. INTEREST ON OVERPAYMENT. 

7 Section 111 of the Federal Oil and Gas Royalty Man8 agement Act of 1982 (30 U.S.C. 1721) is amended— 

9 (1) by striking subsections (h) and (i); 

10 (2) by redesignating subsections (j) through (l) 

11 as subsections (h) through (j), respectively; and 

12 (3) in subsection (h) (as so redesignated), by 

13 striking the fourth sentence. 

14 DIVISION F—MISCELLANEOUS 

15 TITLE LXI—FEDERAL 

16 PERMITTING IMPROVEMENT 

17 SEC. 61001. DEFINITIONS. 

18 In this title: 

19 (1) AGENCY.—The term ‘‘agency’’ has the mean20 ing given the term in section 551 of title 5, United 

21 States Code. 

22 (2) AGENCY CERPO.—The term ‘‘agency 

23 CERPO’’ means the chief environmental review and 

24 permitting officer of an agency, as designated by the 

25 head of the agency under section 

26 61002(b)(2)(A)(iii)(I). 
936 

† HR 22 EAS 

1 (3) AUTHORIZATION.—The term ‘‘authorization’’ 

2 means any license, permit, approval, finding, deter3 mination, or other administrative decision issued by 

4 an agency that is required or authorized under Fed5 eral law in order to site, construct, reconstruct, or 

6 commence operations of a covered project, whether ad7 ministered by a Federal or State agency. 

8 (4) COOPERATING AGENCY.—The term ‘‘cooper9 ating agency’’ means any agency with— 

10 (A) jurisdiction under Federal law; or 

11 (B) special expertise as described in section 

12 1501.6 of title 40, Code of Federal Regulations 

13 (as in effect on the date of enactment of this 

14 Act). 

15 (5) COUNCIL.—The term ‘‘Council’’ means the 

16 Federal Infrastructure Permitting Improvement 

17 Steering Council established under section 61002(a). 

18 (6) COVERED PROJECT.— 

19 (A) IN GENERAL.—The term ‘‘covered 

20 project’’ means any activity in the United States 

21 that requires authorization or environmental re22 view by a Federal agency involving construction 

23 of infrastructure for renewable or conventional 

24 energy production, electricity transmission, sur25 face transportation, aviation, ports and water-
937 

† HR 22 EAS 

1 ways, water resource projects, broadband, pipe2 lines, manufacturing, or any other sector as de3 termined by a majority vote of the Council 

4 that— 

5 (i)(I) is subject to NEPA; 

6 (II) is likely to require a total invest7 ment of more than $200,000,000; and 

8 (III) does not qualify for abbreviated 

9 authorization or environmental review proc10 esses under any applicable law; or 

11 (ii) is subject to NEPA and the size 

12 and complexity of which, in the opinion of 

13 the Council, make the project likely to ben14 efit from enhanced oversight and coordina15 tion, including a project likely to require— 

16 (I) authorization from or environ17 mental review involving more than 2 

18 Federal agencies; or 

19 (II) the preparation of an envi20 ronmental impact statement under 

21 NEPA. 

22 (B) EXCLUSION.—The term ‘‘covered 

23 project’’ does not include— 

24 (i) any project subject to section 139 of 

25 title 23, United States Code; or 
938 

† HR 22 EAS 

1 (ii) any project subject to section 2045 

2 of the Water Resources Development Act of 

3 2007 (33 U.S.C. 2348). 

4 (7) DASHBOARD.—The term ‘‘Dashboard’’ means 

5 the Permitting Dashboard required under section 

6 61003(b). 

7 (8) ENVIRONMENTAL ASSESSMENT.—The term 

8 ‘‘environmental assessment’’ means a concise public 

9 document for which a Federal agency is responsible 

10 under section 1508.9 of title 40, Code of Federal Reg11 ulations (or successor regulations). 

12 (9) ENVIRONMENTAL DOCUMENT.— 

13 (A) IN GENERAL.—The term ‘‘environ14 mental document’’ means an environmental as15 sessment, finding of no significant impact, notice 

16 of intent, environmental impact statement, or 

17 record of decision. 

18 (B) INCLUSIONS.—The term ‘‘environmental 

19 document’’ includes— 

20 (i) any document that is a supplement 

21 to a document described in subparagraph 

22 (A); and 

23 (ii) a document prepared pursuant to 

24 a court order. 
939 

† HR 22 EAS 

1 (10) ENVIRONMENTAL IMPACT STATEMENT.—The 

2 term ‘‘environmental impact statement’’ means the 

3 detailed written statement required under section 

4 102(2)(C) of NEPA. 

5 (11) ENVIRONMENTAL REVIEW.—The term ‘‘envi6 ronmental review’’ means the agency procedures and 

7 processes for applying a categorical exclusion or for 

8 preparing an environmental assessment, an environ9 mental impact statement, or other document required 

10 under NEPA. 

11 (12) EXECUTIVE DIRECTOR.—The term ‘‘Execu12 tive Director’’ means the Executive Director ap13 pointed by the President under section 

14 61002(b)(1)(A). 

15 (13) FACILITATING AGENCY.—The term ‘‘facili16 tating agency’’ means the agency that receives the ini17 tial notification from the project sponsor required 

18 under section 61003(a). 

19 (14) INVENTORY.—The term ‘‘inventory’’ means 

20 the inventory of covered projects established by the 

21 Executive Director under section 61002(c)(1)(A). 

22 (15) LEAD AGENCY.—The term ‘‘lead agency’’ 

23 means the agency with principal responsibility for an 

24 environmental review of a covered project under 
940 

† HR 22 EAS 

1 NEPA and parts 1500 through 1508 of title 40, Code 

2 of Federal Regulations (or successor regulations). 

3 (16) NEPA.—The term ‘‘NEPA’’ means the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 

5 4321 et seq.). 

6 (17) PARTICIPATING AGENCY.—The term ‘‘par7 ticipating agency’’ means an agency participating in 

8 an environmental review or authorization for a cov9 ered project in accordance with section 61003. 

10 (18) PROJECT SPONSOR.—The term ‘‘project 

11 sponsor’’ means an entity, including any private, 

12 public, or public-private entity, seeking an authoriza13 tion for a covered project. 

14 SEC. 61002. FEDERAL PERMITTING IMPROVEMENT COUN15 CIL. 

16 (a) ESTABLISHMENT.—There is established the Federal 

17 Permitting Improvement Steering Council. 

18 (b) COMPOSITION.— 

19 (1) CHAIR.—The Executive Director shall— 

20 (A) be appointed by the President; and 

21 (B) serve as Chair of the Council. 

22 (2) COUNCIL MEMBERS.— 

23 (A) IN GENERAL.— 

24 (i) DESIGNATION BY HEAD OF AGEN25 CY.—Each individual listed in subpara-
941 

† HR 22 EAS 

1 graph (B) shall designate a member of the 

2 agency in which the individual serves to 

3 serve on the Council. 

4 (ii) QUALIFICATIONS.—A 

5 councilmember described in clause (i) shall 

6 hold a position in the agency of deputy sec7 retary (or the equivalent) or higher. 

8 (iii) SUPPORT.— 

9 (I) IN GENERAL.—Consistent with 

10 guidance provided by the Director of 

11 the Office of Management and Budget, 

12 each individual listed in subparagraph 

13 (B) shall designate 1 or more appro14 priate members of the agency in which 

15 the individual serves to serve as an 

16 agency CERPO. 

17 (II) REPORTING.—In carrying 

18 out the duties of the agency CERPO 

19 under this title, an agency CERPO 

20 shall report directly to a deputy sec21 retary (or the equivalent) or higher. 

22 (B) HEADS OF AGENCIES.—The individuals 

23 that shall each designate a councilmember under 

24 this subparagraph are as follows: 

25 (i) The Secretary of Agriculture. 
942 

† HR 22 EAS 

1 (ii) The Secretary of the Army. 

2 (iii) The Secretary of Commerce. 

3 (iv) The Secretary of the Interior. 

4 (v) The Secretary of Energy. 

5 (vi) The Secretary of Transportation. 

6 (vii) The Secretary of Defense. 

7 (viii) The Administrator of the Envi8 ronmental Protection Agency. 

9 (ix) The Chairman of the Federal En10 ergy Regulatory Commission. 

11 (x) The Chairman of the Nuclear Regu12 latory Commission. 

13 (xi) The Secretary of Homeland Secu14 rity. 

15 (xii) The Secretary of Housing and 

16 Urban Development. 

17 (xiii) The Chairman of the Advisory 

18 Council on Historic Preservation. 

19 (xiv) Any other head of a Federal 

20 agency that the Executive Director may in21 vite to participate as a member of the 

22 Council. 

23 (3) ADDITIONAL MEMBERS.—In addition to the 

24 members listed in paragraphs (1) and (2), the Chair25 man of the Council on Environmental Quality and 
943 

† HR 22 EAS 

1 the Director of the Office of Management and Budget 

2 shall also be members of the Council. 

3 (c) DUTIES.— 

4 (1) EXECUTIVE DIRECTOR.— 

5 (A) INVENTORY DEVELOPMENT.—The Exec6 utive Director, in consultation with the Council, 

7 shall— 

8 (i) not later than 180 days after the 

9 date of enactment of this Act, establish an 

10 inventory of covered projects that are pend11 ing the environmental review or authoriza12 tion of the head of any Federal agency; 

13 (ii)(I) categorize the projects in the in14 ventory as appropriate, based on sector and 

15 project type; and 

16 (II) for each category, identify the 

17 types of environmental reviews and author18 izations most commonly involved; and 

19 (iii) add a covered project to the inven20 tory after receiving a notice described in 

21 section 61003(a)(1). 

22 (B) FACILITATING AGENCY DESIGNATION.— 

23 The Executive Director, in consultation with the 

24 Council, shall— 
944 

† HR 22 EAS 

1 (i) designate a facilitating agency for 

2 each category of covered projects described 

3 in subparagraph (A)(ii); and 

4 (ii) publish the list of designated facili5 tating agencies for each category of projects 

6 in the inventory on the Dashboard in an 

7 easily accessible format. 

8 (C) PERFORMANCE SCHEDULES.— 

9 (i) IN GENERAL.—Not later than 1 

10 year after the date of enactment of this Act, 

11 the Executive Director, in consultation with 

12 the Council, shall develop recommended per13 formance schedules, including intermediate 

14 and final completion dates, for environ15 mental reviews and authorizations most 

16 commonly required for each category of cov17 ered projects described in subparagraph 

18 (A)(ii). 

19 (ii) REQUIREMENTS.— 

20 (I) IN GENERAL.—The perform21 ance schedules shall reflect employment 

22 of the use of the most efficient applica23 ble processes. 

24 (II) LIMIT.— 
945 

† HR 22 EAS 

1 (aa) IN GENERAL.—The final 

2 completion dates in any perform3 ance schedule for the completion of 

4 an environmental review or au5 thorization under clause (i) shall 

6 not exceed the average time to 

7 complete an environmental review 

8 or authorization for a project 

9 within that category. 

10 (bb) CALCULATION OF AVER11 AGE TIME.—The average time re12 ferred to in item (aa) shall be cal13 culated on the basis of data from 

14 the preceding 2 calendar years 

15 and shall run from the period be16 ginning on the date on which the 

17 Executive Director must make a 

18 specific entry for the project on 

19 the Dashboard under section 

20 61003(b)(2) (except that, for 

21 projects initiated before that duty 

22 takes effect, the period beginning 

23 on the date of filing of a com24 pleted application), and ending 

25 on the date of the issuance of a 
946 

† HR 22 EAS 

1 record of decision or other final 

2 agency action on the review or 

3 authorization. 

4 (cc) COMPLETION DATE.— 

5 Each performance schedule shall 

6 specify that any decision by an 

7 agency on an environmental re8 view or authorization must be 

9 issued not later than 180 days 

10 after the date on which all infor11 mation needed to complete the re12 view or authorization (including 

13 any hearing that an agency holds 

14 on the matter) is in the possession 

15 of the agency. 

16 (iii) REVIEW AND REVISION.—Not 

17 later than 2 years after the date on which 

18 the performance schedules are established 

19 under this subparagraph, and not less fre20 quently than once every 2 years thereafter, 

21 the Executive Director, in consultation with 

22 the Council, shall review and revise the per23 formance schedules. 

24 (D) GUIDANCE.—The Executive Director, in 

25 consultation with the Council, may recommend 
947 

† HR 22 EAS 

1 to the Director of the Office of Management and 

2 Budget or to the Council on Environmental 

3 Quality, as appropriate, that guidance be issued 

4 as necessary for agencies— 

5 (i) to carry out responsibilities under 

6 this title; and 

7 (ii) to effectuate the adoption by agen8 cies of the best practices and recommenda9 tions of the Council described in paragraph 

10 (2). 

11 (2) COUNCIL.— 

12 (A) RECOMMENDATIONS.— 

13 (i) IN GENERAL.—The Council shall 

14 make recommendations to the Executive Di15 rector with respect to the designations under 

16 paragraph (1)(B) and the performance 

17 schedules under paragraph (1)(C). 

18 (ii) UPDATE.—The Council may up19 date the recommendations described in 

20 clause (i). 

21 (B) BEST PRACTICES.—Not later than 1 

22 year after the date of enactment of this Act, and 

23 not less frequently than annually thereafter, the 

24 Council shall issue recommendations on the best 

25 practices for— 
948 

† HR 22 EAS 

1 (i) enhancing early stakeholder engage2 ment, including fully considering and, as 

3 appropriate, incorporating recommenda4 tions provided in public comments on any 

5 proposed covered project; 

6 (ii) ensuring timely decisions regard7 ing environmental reviews and authoriza8 tions, including through the development of 

9 performance metrics; 

10 (iii) improving coordination between 

11 Federal and non-Federal governmental enti12 ties, including through the development of 

13 common data standards and terminology 

14 across agencies; 

15 (iv) increasing transparency; 

16 (v) reducing information collection re17 quirements and other administrative bur18 dens on agencies, project sponsors, and other 

19 interested parties; 

20 (vi) developing and making available 

21 to applicants appropriate geographic infor22 mation systems and other tools; 

23 (vii) creating and distributing train24 ing materials useful to Federal, State, trib25 al, and local permitting officials; and 
949 

† HR 22 EAS 

1 (viii) addressing other aspects of infra2 structure permitting, as determined by the 

3 Council. 

4 (3) AGENCY CERPOS.—An agency CERPO 

5 shall— 

6 (A) advise the respective agency 

7 councilmember on matters related to environ8 mental reviews and authorizations; 

9 (B) provide technical support, when re10 quested to facilitate efficient and timely processes 

11 for environmental reviews and authorizations for 

12 covered projects under the jurisdictional respon13 sibility of the agency, including supporting time14 ly identification and resolution of potential dis15 putes within the agency or between the agency 

16 and other Federal agencies; 

17 (C) analyze agency environmental review 

18 and authorization processes, policies, and au19 thorities and make recommendations to the re20 spective agency councilmember for ways to 

21 standardize, simplify, and improve the efficiency 

22 of the processes, policies, and authorities, includ23 ing by implementing guidance issued under 

24 paragraph (1)(D) and other best practices, in25 cluding the use of information technology and 
950 

† HR 22 EAS 

1 geographic information system tools within the 

2 agency and across agencies, to the extent con3 sistent with existing law; and 

4 (D) review and develop training programs 

5 for agency staff that support and conduct envi6 ronmental reviews or authorizations. 

7 (d) ADMINISTRATIVE SUPPORT.—The Director of the 

8 Office of Management and Budget shall designate a Federal 

9 agency, other than an agency that carries out or provides 

10 support for projects that are not covered projects, to provide 

11 administrative support for the Executive Director, and the 

12 designated agency shall, as reasonably necessary, provide 

13 support and staff to enable the Executive Director to fulfill 

14 the duties of the Executive Director under this title. 

15 SEC. 61003. PERMITTING PROCESS IMPROVEMENT. 

16 (a) PROJECT INITIATION AND DESIGNATION OF PAR17 TICIPATING AGENCIES.— 

18 (1) NOTICE.— 

19 (A) IN GENERAL.—A project sponsor of a 

20 covered project shall submit to the Executive Di21 rector and the facilitating agency notice of the 

22 initiation of a proposed covered project. 

23 (B) DEFAULT DESIGNATION.—If, at the 

24 time of submission of the notice under subpara25 graph (A), the Executive Director has not des-
951 

† HR 22 EAS 

1 ignated a facilitating agency under section 

2 61002(c)(1)(B) for the categories of projects no3 ticed, the agency that receives the notice under 

4 subparagraph (A) shall be designated as the fa5 cilitating agency. 

6 (C) CONTENTS.—Each notice described in 

7 subparagraph (A) shall include— 

8 (i) a statement of the purposes and ob9 jectives of the proposed project; 

10 (ii) a concise description, including the 

11 general location of the proposed project and 

12 a summary of geospatial information, if 

13 available, illustrating the project area and 

14 the locations, if any, of environmental, cul15 tural, and historic resources; 

16 (iii) a statement regarding the tech17 nical and financial ability of the project 

18 sponsor to construct the proposed project; 

19 (iv) a statement of any Federal financ20 ing, environmental reviews, and authoriza21 tions anticipated to be required to complete 

22 the proposed project; and 

23 (v) an assessment that the proposed 

24 project meets the definition of a covered 
952 

† HR 22 EAS 

1 project under section 61001 and a statement 

2 of reasons supporting the assessment. 

3 (2) INVITATION.— 

4 (A) IN GENERAL.—Not later than 45 days 

5 after the date on which the Executive Director 

6 must make a specific entry for the project on the 

7 Dashboard under subsection (b)(2)(A), the facili8 tating agency or lead agency, as applicable, 

9 shall— 

10 (i) identify all Federal and non-Fed11 eral agencies and governmental entities like12 ly to have financing, environmental review, 

13 authorization, or other responsibilities with 

14 respect to the proposed project; and 

15 (ii) invite all Federal agencies identi16 fied under clause (i) to become a partici17 pating agency or a cooperating agency, as 

18 appropriate, in the environmental review 

19 and authorization management process de20 scribed in section 61005. 

21 (B) DEADLINES.—Each invitation made 

22 under subparagraph (A) shall include a deadline 

23 for a response to be submitted to the facilitating 

24 or lead agency, as applicable. 
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† HR 22 EAS 

1 (3) PARTICIPATING AND COOPERATING AGEN2 CIES.— 

3 (A) IN GENERAL.—An agency invited under 

4 paragraph (2) shall be designated as a partici5 pating or cooperating agency for a covered 

6 project, unless the agency informs the facilitating 

7 or lead agency, as applicable, in writing before 

8 the deadline under paragraph (2)(B) that the 

9 agency— 

10 (i) has no jurisdiction or authority 

11 with respect to the proposed project; or 

12 (ii) does not intend to exercise author13 ity related to, or submit comments on, the 

14 proposed project. 

15 (B) CHANGED CIRCUMSTANCES.—On re16 quest and a showing of changed circumstances, 

17 the Executive Director may designate an agency 

18 that has opted out under subparagraph (A)(ii) to 

19 be a participating or cooperating agency, as ap20 propriate. 

21 (4) EFFECT OF DESIGNATION.—The designation 

22 described in paragraph (3) shall not— 

23 (A) give the participating agency authority 

24 or jurisdiction over the covered project; or 
954 

† HR 22 EAS 

1 (B) expand any jurisdiction or authority a 

2 cooperating agency may have over the proposed 

3 project. 

4 (5) LEAD AGENCY DESIGNATION.— 

5 (A) IN GENERAL.—On establishment of the 

6 lead agency, the lead agency shall assume the re7 sponsibilities of the facilitating agency under 

8 this title. 

9 (B) REDESIGNATION OF FACILITATING

10 AGENCY.—If the lead agency assumes the respon11 sibilities of the facilitating agency under sub12 paragraph (A), the facilitating agency may be 

13 designated as a cooperative or participating 

14 agency. 

15 (6) CHANGE OF FACILITATING OR LEAD AGEN16 CY.— 

17 (A) IN GENERAL.—On the request of a par18 ticipating agency or project sponsor, the Execu19 tive Director may designate a different agency as 

20 the facilitating or lead agency, as applicable, for 

21 a covered project, if the facilitating or lead agen22 cy or the Executive Director receives new infor23 mation regarding the scope or nature of a cov24 ered project that indicates that the project should 
955 

† HR 22 EAS 

1 be placed in a different category under section 

2 61002(c)(1)(B). 

3 (B) RESOLUTION OF DISPUTE.—The Execu4 tive Director shall resolve any dispute over des5 ignation of a facilitating or lead agency for a 

6 particular covered project. 

7 (b) PERMITTING DASHBOARD.— 

8 (1) REQUIREMENT TO MAINTAIN.— 

9 (A) IN GENERAL.—The Executive Director, 

10 in coordination with the Administrator of Gen11 eral Services, shall maintain an online database 

12 to be known as the ‘‘Permitting Dashboard’’ to 

13 track the status of Federal environmental reviews 

14 and authorizations for any covered project in the 

15 inventory described in section 61002(c)(1)(A). 

16 (B) SPECIFIC AND SEARCHABLE ENTRY.— 

17 The Dashboard shall include a specific and 

18 searchable entry for each covered project. 

19 (2) ADDITIONS.— 

20 (A) IN GENERAL.— 

21 (i) EXISTING PROJECTS.—Not later 

22 than 14 days after the date on which the 

23 Executive Director adds a project to the in24 ventory under section 61002(c)(1)(A), the 

25 Executive Director shall create a specific 
956 

† HR 22 EAS 

1 entry on the Dashboard for the covered 

2 project. 

3 (ii) NEW PROJECTS.—Not later than 

4 14 days after the date on which the Execu5 tive Director receives a notice under sub6 section (a)(1), the Executive Director shall 

7 create a specific entry on the Dashboard for 

8 the covered project, unless the Executive Di9 rector, facilitating agency, or lead agency, 

10 as applicable, determines that the project is 

11 not a covered project. 

12 (B) EXPLANATION.—If the facilitating 

13 agency or lead agency, as applicable, determines 

14 that the project is not a covered project, the 

15 project sponsor may submit a further expla16 nation as to why the project is a covered project 

17 not later than 14 days after the date of the deter18 mination under subparagraph (A). 

19 (C) FINAL DETERMINATION.—Not later than 

20 14 days after receiving an explanation described 

21 in subparagraph (B), the Executive Director 

22 shall— 

23 (i) make a final and conclusive deter24 mination as to whether the project is a cov25 ered project; and 
957 

† HR 22 EAS 

1 (ii) if the Executive Director deter2 mines that the project is a covered project, 

3 create a specific entry on the Dashboard for 

4 the covered project. 

5 (3) POSTINGS BY AGENCIES.— 

6 (A) IN GENERAL.—For each covered project 

7 added to the Dashboard under paragraph (2), 

8 the facilitating or lead agency, as applicable, 

9 and each cooperating and participating agency 

10 shall post to the Dashboard— 

11 (i) a hyperlink that directs to a website 

12 that contains, to the extent consistent with 

13 applicable law— 

14 (I) the notification submitted 

15 under subsection (a)(1); 

16 (II)(aa) where practicable, the ap17 plication and supporting documents, if 

18 applicable, that have been submitted by 

19 a project sponsor for any required en20 vironmental review or authorization; 

21 or 

22 (bb) a notice explaining how the 

23 public may obtain access to such docu24 ments; 
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† HR 22 EAS 

1 (III) a description of any Federal 

2 agency action taken or decision made 

3 that materially affects the status of a 

4 covered project; 

5 (IV) any significant document 

6 that supports the action or decision de7 scribed in subclause (III); and 

8 (V) a description of the status of 

9 any litigation to which the agency is a 

10 party that is directly related to the 

11 project, including, if practicable, any 

12 judicial document made available on 

13 an electronic docket maintained by a 

14 Federal, State, or local court; and 

15 (ii) any document described in clause 

16 (i) that is not available by hyperlink on an17 other website. 

18 (B) DEADLINE.—The information described 

19 in subparagraph (A) shall be posted to the 

20 website made available by hyperlink on the 

21 Dashboard not later than 5 business days after 

22 the date on which the Federal agency receives the 

23 information. 
959 

† HR 22 EAS 

1 (4) POSTINGS BY THE EXECUTIVE DIRECTOR.— 

2 The Executive Director shall publish to the Dash3 board— 

4 (A) the permitting timetable established 

5 under subparagraph (A) or (C) of subsection 

6 (c)(2); 

7 (B) the status of the compliance of each 

8 agency with the permitting timetable; 

9 (C) any modifications of the permitting 

10 timetable; 

11 (D) an explanation of each modification de12 scribed in subparagraph (C); and 

13 (E) any memorandum of understanding es14 tablished under subsection (c)(3)(B). 

15 (c) COORDINATION AND TIMETABLES.— 

16 (1) COORDINATED PROJECT PLAN.— 

17 (A) IN GENERAL.—Not later than 60 days 

18 after the date on which the Executive Director 

19 must make a specific entry for the project on the 

20 Dashboard under subsection (b)(2)(A), the facili21 tating or lead agency, as applicable, in consulta22 tion with each coordinating and participating 

23 agency, shall establish a concise plan for coordi24 nating public and agency participation in, and 
960 

† HR 22 EAS 

1 completion of, any required Federal environ2 mental review and authorization for the project. 

3 (B) REQUIRED INFORMATION.—The Coordi4 nated Project Plan shall include the following in5 formation and be updated by the facilitating or 

6 lead agency, as applicable, at least once per 

7 quarter: 

8 (i) A list of, and roles and responsibil9 ities for, all entities with environmental re10 view or authorization responsibility for the 

11 project. 

12 (ii) A permitting timetable, as de13 scribed in paragraph (2), setting forth a 

14 comprehensive schedule of dates by which all 

15 environmental reviews and authorizations, 

16 and to the maximum extent practicable, 

17 State permits, reviews and approvals must 

18 be made. 

19 (iii) A discussion of potential avoid20 ance, minimization, and mitigation strate21 gies, if required by applicable law and 

22 known. 

23 (iv) Plans and a schedule for public 

24 and tribal outreach and coordination, to the 

25 extent required by applicable law. 
961 

† HR 22 EAS 

1 (C) MEMORANDUM OF UNDERSTANDING.— 

2 The coordinated project plan described in sub3 paragraph (A) may be incorporated into a 

4 memorandum of understanding. 

5 (2) PERMITTING TIMETABLE.— 

6 (A) ESTABLISHMENT.— 

7 (i) IN GENERAL.—As part of the co8 ordination project plan under paragraph 

9 (1), the facilitating or lead agency, as ap10 plicable, in consultation with each cooper11 ating and participating agency, the project 

12 sponsor, and any State in which the project 

13 is located, shall establish a permitting time14 table that includes intermediate and final 

15 completion dates for action by each partici16 pating agency on any Federal environ17 mental review or authorization required for 

18 the project. 

19 (ii) CONSENSUS.—In establishing a 

20 permitting timetable under clause (i), each 

21 agency shall, to the maximum extent prac22 ticable, make efforts to reach a consensus. 

23 (B) FACTORS FOR CONSIDERATION.—In es24 tablishing the permitting timetable under sub25 paragraph (A), the facilitating or lead agency 
962 

† HR 22 EAS 

1 shall follow the performance schedules established 

2 under section 61002(c)(1)(C), but may vary the 

3 timetable based on relevant factors, including— 

4 (i) the size and complexity of the cov5 ered project; 

6 (ii) the resources available to each par7 ticipating agency; 

8 (iii) the regional or national economic 

9 significance of the project; 

10 (iv) the sensitivity of the natural or 

11 historic resources that may be affected by 

12 the project; 

13 (v) the financing plan for the project; 

14 and 

15 (vi) the extent to which similar 

16 projects in geographic proximity to the 

17 project were recently subject to environ18 mental review or similar procedures under 

19 State law. 

20 (C) DISPUTE RESOLUTION.— 

21 (i) IN GENERAL.—The Executive Di22 rector, in consultation with appropriate 

23 agency CERPOs and the project sponsor, 

24 shall, as necessary, mediate any disputes re-
963 

† HR 22 EAS 

1 garding the permitting timetable established 

2 under subparagraph (A). 

3 (ii) DISPUTES.—If a dispute remains 

4 unresolved 30 days after the date on which 

5 the dispute was submitted to the Executive 

6 Director, the Director of the Office of Man7 agement and Budget, in consultation with 

8 the Chairman of the Council on Environ9 mental Quality, shall facilitate a resolution 

10 of the dispute and direct the agencies party 

11 to the dispute to resolve the dispute by the 

12 end of the 60-day period beginning on the 

13 date of submission of the dispute to the Ex14 ecutive Director. 

15 (iii) FINAL RESOLUTION.—Any action 

16 taken by the Director of the Office of Man17 agement and Budget in the resolution of a 

18 dispute under clause (ii) shall— 

19 (I) be final and conclusive; and 

20 (II) not be subject to judicial re21 view. 

22 (D) MODIFICATION AFTER APPROVAL.— 

23 (i) IN GENERAL.—The facilitating or 

24 lead agency, as applicable, may modify a 
964 

† HR 22 EAS 

1 permitting timetable established under sub2 paragraph (A) only if— 

3 (I) the facilitating or lead agency, 

4 as applicable, and the affected cooper5 ating agencies, after consultation with 

6 the participating agencies, agree to a 

7 different completion date; and 

8 (II) the facilitating agency or lead 

9 agency, as applicable, or the affected 

10 cooperating agency provides a written 

11 justification for the modification. 

12 (ii) COMPLETION DATE.—A completion 

13 date in the permitting timetable may not be 

14 modified within 30 days of the completion 

15 date. 

16 (E) CONSISTENCY WITH OTHER TIME PERI17 ODS.—A permitting timetable established under 

18 subparagraph (A) shall be consistent with any 

19 other relevant time periods established under 

20 Federal law and shall not prevent any cooper21 ating or participating agency from discharging 

22 any obligation under Federal law in connection 

23 with the project. 

24 (F) CONFORMING TO PERMITTING TIME25 TABLES.— 
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† HR 22 EAS 

1 (i) IN GENERAL.—Each Federal agency 

2 shall conform to the completion dates set 

3 forth in the permitting timetable established 

4 under subparagraph (A), or with any com5 pletion date modified under subparagraph 

6 (D). 

7 (ii) FAILURE TO CONFORM.—If a Fed8 eral agency fails to conform with a comple9 tion date for agency action on a covered 

10 project or is at significant risk of failing to 

11 conform with such a completion date, the 

12 agency shall— 

13 (I) promptly submit to the Execu14 tive Director for publication on the 

15 Dashboard an explanation of the spe16 cific reasons for failing or significantly 

17 risking failing to conform to the com18 pletion date and a proposal for an al19 ternative completion date; 

20 (II) in consultation with the fa21 cilitating or lead agency, as applicable, 

22 establish an alternative completion 

23 date; and 

24 (III) each month thereafter until 

25 the agency has taken final action on 
966 

† HR 22 EAS 

1 the delayed authorization or review, 

2 submit to the Executive Director for 

3 posting on the Dashboard a status re4 port describing any agency activity re5 lated to the project. 

6 (G) ABANDONMENT OF COVERED

7 PROJECT.— 

8 (i) IN GENERAL.—If the facilitating or 

9 lead agency, as applicable, has a reasonable 

10 basis to doubt the continuing technical or 

11 financial ability of the project sponsor to 

12 construct the covered project, the facilitating 

13 or lead agency may request the project 

14 sponsor provide an updated statement re15 garding the ability of the project sponsor to 

16 complete the project. 

17 (ii) FAILURE TO RESPOND.—If the 

18 project sponsor fails to respond to a request 

19 described in clause (i) by the date that is 30 

20 days after receiving the request, the lead or 

21 facilitating agency, as applicable, shall no22 tify the Executive Director, who shall pub23 lish an appropriate notice on the Dash24 board. 
967 

† HR 22 EAS 

1 (iii) PUBLICATION TO DASHBOARD.— 

2 On publication of a notice under clause (ii), 

3 the completion dates in the permitting time4 table shall be tolled and agencies shall be re5 lieved of the obligation to comply with sub6 paragraph (F) until such time as the 

7 project sponsor submits to the facilitating or 

8 lead agency, as applicable, an updated 

9 statement regarding the technical and fi10 nancial ability of the project sponsor to con11 struct the project. 

12 (3) COOPERATING STATE, LOCAL, OR TRIBAL

13 GOVERNMENTS.— 

14 (A) STATE AUTHORITY.—If the Federal en15 vironmental review is being implemented within 

16 the boundaries of a State, the State, consistent 

17 with State law, may choose to participate in the 

18 environmental review and authorization process 

19 under this subsection and to make subject to the 

20 process all State agencies that— 

21 (i) have jurisdiction over the covered 

22 project; 

23 (ii) are required to conduct or issue a 

24 review, analysis, opinion, or statement for 

25 the covered project; or 
968 

† HR 22 EAS 

1 (iii) are required to make a determina2 tion on issuing a permit, license, or other 

3 approval or decision for the covered project. 

4 (B) COORDINATION.—To the maximum ex5 tent practicable under applicable law, the facili6 tating or lead agency, as applicable, shall coordi7 nate the Federal environmental review and au8 thorization processes under this subsection with 

9 any State, local, or tribal agency responsible for 

10 conducting any separate review or authorization 

11 of the covered project to ensure timely and effi12 cient completion of environmental reviews and 

13 authorizations. 

14 (C) MEMORANDUM OF UNDERSTANDING.— 

15 (i) IN GENERAL.—Any coordination 

16 plan between the facilitating or lead agency, 

17 as applicable, and any State, local, or trib18 al agency shall, to the maximum extent 

19 practicable, be included in a memorandum 

20 of understanding. 

21 (ii) SUBMISSION TO EXECUTIVE DIREC22 TOR.—The facilitating or lead agency, as 

23 applicable, shall submit to the Executive 

24 Director each memorandum of under25 standing described in clause (i). 
969 

† HR 22 EAS 

1 (d) EARLY CONSULTATION.—The facilitating or lead 

2 agency, as applicable, shall provide an expeditious process 

3 for project sponsors to confer with each cooperating and 

4 participating agency involved and, not later than 60 days 

5 after the date on which the project sponsor submits a request 

6 under this subsection, to have each such agency provide to 

7 the project sponsor information concerning— 

8 (1) the availability of information and tools, in9 cluding pre-application toolkits, to facilitate early 

10 planning efforts; 

11 (2) key issues of concern to each agency and to 

12 the public; and 

13 (3) issues that must be addressed before an envi14 ronmental review or authorization can be completed. 

15 (e) COOPERATING AGENCY.— 

16 (1) IN GENERAL.—A lead agency may designate 

17 a participating agency as a cooperating agency in 

18 accordance with part 1501 of title 40, Code of Federal 

19 Regulations (or successor regulations). 

20 (2) EFFECT ON OTHER DESIGNATION.—The des21 ignation described in paragraph (1) shall not affect 

22 any designation under subsection (a)(3). 

23 (3) LIMITATION ON DESIGNATION.—Any agency 

24 not designated as a participating agency under sub-
970 

† HR 22 EAS 

1 section (a)(3) shall not be designated as a cooperating 

2 agency under paragraph (1). 

3 (f) REPORTING STATUS OF OTHER PROJECTS ON

4 DASHBOARD.— 

5 (1) IN GENERAL.—On request of the Executive 

6 Director, the Secretary and the Secretary of the Army 

7 shall use best efforts to provide information for inclu8 sion on the Dashboard on projects subject to section 

9 139 of title 23, United States Code, and section 2045 

10 of the Water Resources Development Act of 2007 (33 

11 U.S.C. 2348) likely to require— 

12 (A) a total investment of more than 

13 $200,000,000; and 

14 (B) an environmental impact statement 

15 under NEPA. 

16 (2) EFFECT OF INCLUSION ON DASHBOARD.—In17 clusion on the Dashboard of information regarding 

18 projects subject to section 139 of title 23, United 

19 States Code, or section 2045 of the Water Resources 

20 Development Act of 2007 (33 U.S.C. 2348) shall not 

21 subject those projects to any requirements of this title. 

22 SEC. 61004. INTERSTATE COMPACTS. 

23 (a) IN GENERAL.—The consent of Congress is given 

24 for 3 or more contiguous States to enter into an interstate 

25 compact establishing regional infrastructure development 
971 

† HR 22 EAS 

1 agencies to facilitate authorization and review of covered 

2 projects, under State law or in the exercise of delegated per3 mitting authority described under section 61006, that will 

4 advance infrastructure development, production, and gen5 eration within the States that are parties to the compact. 

6 (b) REGIONAL INFRASTRUCTURE.—For the purpose of 

7 this title, a regional infrastructure development agency re8 ferred to in subsection (a) shall have the same authorities 

9 and responsibilities of a State agency. 

10 SEC. 61005. COORDINATION OF REQUIRED REVIEWS. 

11 (a) CONCURRENT REVIEWS.—To integrate environ12 mental reviews and authorizations, each agency shall, to the 

13 maximum extent practicable— 

14 (1) carry out the obligations of the agency with 

15 respect to a covered project under any other applica16 ble law concurrently, and in conjunction with, other 

17 environmental reviews and authorizations being con18 ducted by other cooperating or participating agencies, 

19 including environmental reviews and authorizations 

20 required under NEPA, unless the agency determines 

21 that doing so would impair the ability of the agency 

22 to carry out the statutory obligations of the agency; 

23 and 

24 (2) formulate and implement administrative, 

25 policy, and procedural mechanisms to enable the 
972 

† HR 22 EAS 

1 agency to ensure completion of the environmental re2 view process in a timely, coordinated, and environ3 mentally responsible manner. 

4 (b) ADOPTION, INCORPORATION BY REFERENCE, AND

5 USE OF DOCUMENTS.— 

6 (1) STATE ENVIRONMENTAL DOCUMENTS; SUP7 PLEMENTAL DOCUMENTS.— 

8 (A) USE OF EXISTING DOCUMENTS.— 

9 (i) IN GENERAL.—On the request of a 

10 project sponsor, a lead agency shall consider 

11 and, as appropriate, adopt or incorporate 

12 by reference, the analysis and documenta13 tion that has been prepared for a covered 

14 project under State laws and procedures as 

15 the documentation, or part of the docu16 mentation, required to complete an environ17 mental review for the covered project, if the 

18 analysis and documentation were, as deter19 mined by the lead agency in consultation 

20 with the Council on Environmental Qual21 ity, prepared under circumstances that al22 lowed for opportunities for public participa23 tion and consideration of alternatives and 

24 environmental consequences that are sub25 stantially equivalent to what would have 
973 

† HR 22 EAS 

1 been available had the documents and anal2 ysis been prepared by a Federal agency 

3 pursuant to NEPA. 

4 (ii) GUIDANCE BY CEQ.—The Council 

5 on Environmental Quality may issue guid6 ance to carry out this subsection. 

7 (B) NEPA OBLIGATIONS.—An environ8 mental document adopted under subparagraph 

9 (A) or a document that includes documentation 

10 incorporated under subparagraph (A) may serve 

11 as the documentation required for an environ12 mental review or a supplemental environmental 

13 review required to be prepared by a lead agency 

14 under NEPA. 

15 (C) SUPPLEMENTATION OF STATE DOCU16 MENTS.—If the lead agency adopts or incor17 porates analysis and documentation described in 

18 subparagraph (A), the lead agency shall prepare 

19 and publish a supplemental document if the lead 

20 agency determines that during the period after 

21 preparation of the analysis and documentation 

22 and before the adoption or incorporation— 

23 (i) a significant change has been made 

24 to the covered project that is relevant for 
974 

† HR 22 EAS 

1 purposes of environmental review of the 

2 project; or 

3 (ii) there has been a significant cir4 cumstance or new information has emerged 

5 that is relevant to the environmental review 

6 for the covered project. 

7 (D) COMMENTS.—If a lead agency prepares 

8 and publishes a supplemental document under 

9 subparagraph (C), the lead agency shall solicit 

10 comments from other agencies and the public on 

11 the supplemental document for a period of not 

12 more than 45 days, beginning on the date on 

13 which the supplemental document is published, 

14 unless— 

15 (i) the lead agency, the project sponsor, 

16 and any cooperating agency agree to a 

17 longer deadline; or 

18 (ii) the lead agency extends the dead19 line for good cause. 

20 (E) NOTICE OF OUTCOME OF ENVIRON21 MENTAL REVIEW.—A lead agency shall issue a 

22 record of decision or finding of no significant 

23 impact, as appropriate, based on the document 

24 adopted under subparagraph (A) and any sup-
975 

† HR 22 EAS 

1 plemental document prepared under subpara2 graph (C). 

3 (c) ALTERNATIVES ANALYSIS.— 

4 (1) PARTICIPATION.—As early as practicable 

5 during the environmental review, but not later than 

6 the commencement of scoping for a project requiring 

7 the preparation of an environmental impact state8 ment, the lead agency, in consultation with each co9 operating agency, shall determine the range of reason10 able alternatives to be considered for a covered project. 

11 (2) RANGE OF ALTERNATIVES.— 

12 (A) IN GENERAL.—Following participation 

13 under paragraph (1) and subject to subpara14 graph (B), the lead agency shall determine the 

15 range of reasonable alternatives for consideration 

16 in any document that the lead agency is respon17 sible for preparing for the covered project. 

18 (B) ALTERNATIVES REQUIRED BY LAW.—In 

19 determining the range of alternatives under sub20 paragraph (A), the lead agency shall include all 

21 alternatives required to be considered by law. 

22 (3) METHODOLOGIES.— 

23 (A) IN GENERAL.—The lead agency shall 

24 determine, in collaboration with each cooper25 ating agency at appropriate times during the en-
976 

† HR 22 EAS 

1 vironmental review, the methodologies to be used 

2 and the level of detail required in the analysis 

3 of each alternative for a covered project. 

4 (B) ENVIRONMENTAL REVIEW.—A cooper5 ating agency shall use the methodologies referred 

6 to in subparagraph (A) when conducting any re7 quired environmental review, to the extent con8 sistent with existing law. 

9 (4) PREFERRED ALTERNATIVE.—With the con10 currence of the cooperating agencies with jurisdiction 

11 under Federal law and at the discretion of the lead 

12 agency, the preferred alternative for a project, after 

13 being identified, may be developed to a higher level of 

14 detail than other alternatives to facilitate the develop15 ment of mitigation measures or concurrent compli16 ance with other applicable laws if the lead agency de17 termines that the development of the higher level of 

18 detail will not prevent— 

19 (A) the lead agency from making an impar20 tial decision as to whether to accept another al21 ternative that is being considered in the environ22 mental review; and 

23 (B) the public from commenting on the pre24 ferred and other alternatives. 

25 (d) ENVIRONMENTAL REVIEW COMMENTS.— 
977 

† HR 22 EAS 

1 (1) COMMENTS ON DRAFT ENVIRONMENTAL IM2 PACT STATEMENT.—For comments by an agency or 

3 the public on a draft environmental impact state4 ment, the lead agency shall establish a comment pe5 riod of not less than 45 days and not more than 60 

6 days after the date on which a notice announcing 

7 availability of the environmental impact statement is 

8 published in the Federal Register, unless— 

9 (A) the lead agency, the project sponsor, 

10 and any cooperating agency agree to a longer 

11 deadline; or 

12 (B) the lead agency, in consultation with 

13 each cooperating agency, extends the deadline for 

14 good cause. 

15 (2) OTHER REVIEW AND COMMENT PERIODS.— 

16 For all other review or comment periods in the envi17 ronmental review process described in parts 1500 

18 through 1508 of title 40, Code of Federal Regulations 

19 (or successor regulations), the lead agency shall estab20 lish a comment period of not more than 45 days after 

21 the date on which the materials on which comment is 

22 requested are made available, unless— 

23 (A) the lead agency, the project sponsor, 

24 and any cooperating agency agree to a longer 

25 deadline; or 
978 

† HR 22 EAS 

1 (B) the lead agency extends the deadline for 

2 good cause. 

3 (e) ISSUE IDENTIFICATION AND RESOLUTION.— 

4 (1) COOPERATION.—The lead agency and each 

5 cooperating and participating agency shall work co6 operatively in accordance with this section to identify 

7 and resolve issues that could delay completion of an 

8 environmental review or an authorization required 

9 for the project under applicable law or result in the 

10 denial of any approval under applicable law. 

11 (2) LEAD AGENCY RESPONSIBILITIES.— 

12 (A) IN GENERAL.—The lead agency shall 

13 make information available to each cooperating 

14 and participating agency and project sponsor as 

15 early as practicable in the environmental review 

16 regarding the environmental, historic, and socio17 economic resources located within the project 

18 area and the general locations of the alternatives 

19 under consideration. 

20 (B) SOURCES OF INFORMATION.—The infor21 mation described in subparagraph (A) may be 

22 based on existing data sources, including geo23 graphic information systems mapping. 
979 

† HR 22 EAS 

1 (3) COOPERATING AND PARTICIPATING AGENCY

2 RESPONSIBILITIES.—Each cooperating and partici3 pating agency shall— 

4 (A) identify, as early as practicable, any 

5 issues of concern regarding any potential envi6 ronmental impacts of the covered project, includ7 ing any issues that could substantially delay or 

8 prevent an agency from completing any environ9 mental review or authorization required for the 

10 project; and 

11 (B) communicate any issues described in 

12 subparagraph (A) to the project sponsor. 

13 (f) CATEGORIES OF PROJECTS.—The authorities 

14 granted under this section may be exercised for an indi15 vidual covered project or a category of covered projects. 

16 SEC. 61006. DELEGATED STATE PERMITTING PROGRAMS. 

17 (a) IN GENERAL.—If a Federal statute permits a Fed18 eral agency to delegate to or otherwise authorize a State 

19 to issue or otherwise administer a permit program in lieu 

20 of the Federal agency, the Federal agency with authority 

21 to carry out the statute shall— 

22 (1) on publication by the Council of best prac23 tices under section 61002(c)(2)(B), initiate a national 

24 process, with public participation, to determine 

25 whether and the extent to which any of the best prac-
980 

† HR 22 EAS 

1 tices are generally applicable on a delegation- or au2 thorization-wide basis to permitting under the stat3 ute; and 

4 (2) not later than 2 years after the date of enact5 ment of this Act, make model recommendations for 

6 State modifications of the applicable permit program 

7 to reflect the best practices described in section 

8 61002(c)(2)(B), as appropriate. 

9 (b) BEST PRACTICES.—Lead and cooperating agencies 

10 may share with State, tribal, and local authorities best 

11 practices involved in review of covered projects and invite 

12 input from State, tribal, and local authorities regarding 

13 best practices. 

14 SEC. 61007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS 

15 PROVISION. 

16 (a) LIMITATIONS ON CLAIMS.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, a claim arising under Federal law 

19 seeking judicial review of any authorization issued by 

20 a Federal agency for a covered project shall be barred 

21 unless— 

22 (A) the action is filed not later than 2 years 

23 after the date of publication in the Federal Reg24 ister of the final record of decision or approval 

25 or denial of a permit, unless a shorter time is 
981 

† HR 22 EAS 

1 specified in the Federal law under which judicial 

2 review is allowed; and 

3 (B) in the case of an action pertaining to 

4 an environmental review conducted under 

5 NEPA— 

6 (i) the action is filed by a party that 

7 submitted a comment during the environ8 mental review or a party that lacked a rea9 sonable opportunity to submit a comment; 

10 and 

11 (ii) a party filed a sufficiently detailed 

12 comment so as to put the lead agency on 

13 notice of the issue on which the party seeks 

14 judicial review. 

15 (2) NEW INFORMATION.— 

16 (A) IN GENERAL.—The head of a lead agen17 cy or participating agency shall consider new 

18 information received after the close of a comment 

19 period if the information satisfies the require20 ments under regulations implementing NEPA. 

21 (B) SEPARATE ACTION.—If Federal law re22 quires the preparation of a supplemental envi23 ronmental impact statement or other supple24 mental environmental document, the preparation 

25 of such document shall be considered a separate 
982 

† HR 22 EAS 

1 final agency action and the deadline for filing a 

2 claim for judicial review of the agency action 

3 shall be 2 years after the date on which a notice 

4 announcing the final agency action is published 

5 in the Federal Register, unless a shorter time is 

6 specified in the Federal law under which judicial 

7 review is allowed. 

8 (3) RULE OF CONSTRUCTION.—Nothing in this 

9 subsection creates a right to judicial review or places 

10 any limit on filing a claim that a person has violated 

11 the terms of an authorization. 

12 (b) PRELIMINARY INJUNCTIVE RELIEF.—In addition 

13 to considering any other applicable equitable factors, in any 

14 action seeking a temporary restraining order or prelimi15 nary injunction against an agency or a project sponsor in 

16 connection with review or authorization of a covered 

17 project, the court shall— 

18 (1) consider the effects on public health, safety, 

19 and the environment, the potential for significant job 

20 losses, and other economic harm resulting from an 

21 order or injunction; and 

22 (2) not presume that the harms described in 

23 paragraph (1) are reparable. 

24 (c) JUDICIAL REVIEW.—Except as provided in sub25 section (a), nothing in this title affects the reviewability of 
983 

† HR 22 EAS 

1 any final Federal agency action in a court of competent 

2 jurisdiction. 

3 (d) SAVINGS CLAUSE.—Nothing in this title— 

4 (1) supersedes, amends, or modifies any Federal 

5 statute or affects the responsibility of any Federal of6 ficer to comply with or enforce any statute; or 

7 (2) creates a presumption that a covered project 

8 will be approved or favorably reviewed by any agen9 cy. 

10 (e) LIMITATIONS.—Nothing in this section preempts, 

11 limits, or interferes with— 

12 (1) any practice of seeking, considering, or re13 sponding to public comment; or 

14 (2) any power, jurisdiction, responsibility, or 

15 authority that a Federal, State, or local governmental 

16 agency, metropolitan planning organization, Indian 

17 tribe, or project sponsor has with respect to carrying 

18 out a project or any other provisions of law applica19 ble to any project, plan, or program. 

20 SEC. 61008. REPORT TO CONGRESS. 

21 (a) IN GENERAL.—Not later than April 15 of each 

22 year for 10 years beginning on the date of enactment of 

23 this Act, the Executive Director shall submit to Congress 

24 a report detailing the progress accomplished under this title 

25 during the previous fiscal year. 
984 

† HR 22 EAS 

1 (b) CONTENTS.—The report described in subsection (a) 

2 shall assess the performance of each participating agency 

3 and lead agency based on the best practices described in 

4 section 61002(c)(2)(B). 

5 (c) OPPORTUNITY TO INCLUDE COMMENTS.—Each 

6 councilmember, with input from the respective agency 

7 CERPO, shall have the opportunity to include comments 

8 concerning the performance of the agency in the report de9 scribed in subsection (a). 

10 SEC. 61009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND 

11 PROCESSING OF ENVIRONMENTAL REVIEWS 

12 AND PERMITS. 

13 (a) IN GENERAL.—The heads of agencies listed in sec14 tion 61002(b)(2)(B), with the guidance of the Director of 

15 the Office of Management and Budget and in consultation 

16 with the Executive Director, may, after public notice and 

17 opportunity for comment, issue regulations establishing a 

18 fee structure for project proponents to reimburse the United 

19 States for reasonable costs incurred in conducting environ20 mental reviews and authorizations for covered projects. 

21 (b) REASONABLE COSTS.—As used in this section, the 

22 term ‘‘reasonable costs’’ shall include costs to implement the 

23 requirements and authorities required under sections 61002 

24 and 61003, including the costs to agencies and the costs of 

25 operating the Council. 
985 

† HR 22 EAS 

1 (c) FEE STRUCTURE.—The fee structure established 

2 under subsection (a) shall— 

3 (1) be developed in consultation with affected 

4 project proponents, industries, and other stakeholders; 

5 (2) exclude parties for which the fee would im6 pose an undue financial burden or is otherwise deter7 mined to be inappropriate; and 

8 (3) be established in a manner that ensures that 

9 the aggregate amount of fees collected for a fiscal year 

10 is estimated not to exceed 20 percent of the total esti11 mated costs for the fiscal year for the resources allo12 cated for the conduct of the environmental reviews 

13 and authorizations covered by this title, as deter14 mined by the Director of the Office of Management 

15 and Budget. 

16 (d) ENVIRONMENTAL REVIEW AND PERMITTING IM17 PROVEMENT FUND.— 

18 (1) IN GENERAL.—All amounts collected pursu19 ant to this section shall be deposited into a separate 

20 fund in the Treasury of the United States to be 

21 known as the ‘‘Environmental Review Improvement 

22 Fund’’ (referred to in this section as the ‘‘Fund’’). 

23 (2) AVAILABILITY.—Amounts in the Fund shall 

24 be available to the Executive Director, without appro25 priation or fiscal year limitation, solely for the pur-
986 

† HR 22 EAS 

1 poses of administering, implementing, and enforcing 

2 this title, including the expenses of the Council. 

3 (3) TRANSFER.—The Executive Director, with 

4 the approval of the Director of the Office of Manage5 ment and Budget, may transfer amounts in the Fund 

6 to other agencies to facilitate timely and efficient en7 vironmental reviews and authorizations for proposed 

8 covered projects. 

9 (e) EFFECT ON PERMITTING.—The regulations adopt10 ed pursuant to subsection (a) shall ensure that the use of 

11 funds accepted under subsection (d) will not impact impar12 tial decision-making with respect to environmental reviews 

13 or authorizations, either substantively or procedurally. 

14 (f) TRANSFER OF APPROPRIATED FUNDS.— 

15 (1) IN GENERAL.—The heads of agencies listed in 

16 section 61002(b)(2)(B) shall have the authority to 

17 transfer, in accordance with section 1535 of title 31, 

18 United States Code, funds appropriated to those agen19 cies and not otherwise obligated to other affected Fed20 eral agencies for the purpose of implementing the pro21 visions of this title. 

22 (2) LIMITATION.—Appropriations under title 23, 

23 United States Code and appropriations for the civil 

24 works program of the Army Corps of Engineers shall 

25 not be available for transfer under paragraph (1). 
987 

† HR 22 EAS 

1 SEC. 61010. APPLICATION. 

2 This title applies to any covered project for which— 

3 (1) a notice is filed under section 61003(a)(1); or 

4 (2) an application or other request for a Federal 

5 authorization is pending before a Federal agency 90 

6 days after the date of enactment of this Act. 

7 SEC. 61011. GAO REPORT. 

8 Not later than 3 years after the date of enactment of 

9 this Act, the Comptroller General of the United States shall 

10 submit to Congress a report that includes an analysis of 

11 whether the provisions of this title could be adapted to 

12 streamline the Federal permitting process for smaller 

13 projects that are not covered projects. 

14 TITLE LXII—ADDITIONAL 

15 PROVISIONS 

16 SEC. 62001. HIRE MORE HEROES. 

17 (a) SHORT TITLE.—This section may be cited as the 

18 ‘‘Hire More Heroes Act of 2015’’. 

19 (b) EMPLOYEES WITH HEALTH COVERAGE UNDER

20 TRICARE OR THE VETERANS ADMINISTRATION NOT

21 TAKEN INTO ACCOUNT IN DETERMINING EMPLOYERS TO

22 WHICH THE EMPLOYER MANDATE APPLIES UNDER PA23 TIENT PROTECTION AND AFFORDABLE CARE ACT.—Section 

24 4980H(c)(2) of the Internal Revenue Code of 1986 is 

25 amended by adding at the end the following: 
988 

† HR 22 EAS 

1 ‘‘(F) EXEMPTION FOR HEALTH COVERAGE

2 UNDER TRICARE OR THE VETERANS ADMINISTRA3 TION.—Solely for purposes of determining wheth4 er an employer is an applicable large employer 

5 under this paragraph for any month, an indi6 vidual shall not be taken into account as an em7 ployee for such month if such individual has 

8 medical coverage for such month under— 

9 ‘‘(i) chapter 55 of title 10, United 

10 States Code, including coverage under the 

11 TRICARE program, or 

12 ‘‘(ii) under a health care program 

13 under chapter 17 or 18 of title 38, United 

14 States Code, as determined by the Secretary 

15 of Veterans Affairs, in coordination with the 

16 Secretary of Health and Human Services 

17 and the Secretary.’’. 

18 (c) EFFECTIVE DATE.—The amendment made by sub19 section (b) shall apply to months beginning after December 

20 31, 2013. 

21 DIVISION G—SURFACE 

22 TRANSPORTATION EXTENSION 

23 SEC. 70001. SHORT TITLE. 

24 This division may cited as the ‘‘Surface Transpor25 tation Extension Act of 2015’’. 
989 

† HR 22 EAS 

1 TITLE LXXI—EXTENSION OF 

2 FEDERAL-AID HIGHWAY PRO3 GRAMS 

4 SEC. 71001. EXTENSION OF FEDERAL-AID HIGHWAY PRO5 GRAMS. 

6 (a) IN GENERAL.—Section 1001 of the Highway and 

7 Transportation Funding Act of 2014 (Public Law 113–159; 

8 128 Stat. 1840; 129 Stat. 219) is amended— 

9 (1) in subsection (a), by striking ‘‘July 31, 

10 2015’’ and inserting ‘‘September 30, 2015’’; 

11 (2) in subsection (b)(1)— 

12 (A) by striking ‘‘July 31, 2015’’ and insert13 ing ‘‘September 30, 2015’’; and 

(B) by striking ‘‘304 14 ⁄365’’ and inserting 

‘‘365 15 ⁄365’’; and 

16 (3) in subsection (c)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘July 31, 2015’’ and 

19 inserting ‘‘September 30, 2015’’; and 

(ii) by striking ‘‘304 20 ⁄365’’ and inserting 

‘‘365 21 ⁄365’’; and 

22 (B) in paragraph (2)(B), by striking ‘‘by 

23 this subsection’’. 

24 (b) OBLIGATION CEILING.—Section 1102 of MAP–21 

25 (23 U.S.C. 104 note; Public Law 112–141) is amended— 
990 

† HR 22 EAS 

1 (1) in subsection (a)(3)— 

2 (A) by striking ‘‘$33,528,284,932’’ and in3 serting ‘‘$40,256,000,000’’; and 

4 (B) by striking ‘‘July 31, 2015’’ and insert5 ing ‘‘September 30, 2015’’; 

6 (2) in subsection (b)(12)— 

7 (A) by striking ‘‘July 31, 2015’’ and insert8 ing ‘‘September 30, 2015’’; and 

(B) by striking ‘‘304 9 ⁄365’’ and inserting 

‘‘365 10 ⁄365’’; 

11 (3) in subsection (c)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘July 31, 2015’’ and inserting ‘‘Sep14 tember 30, 2015’’; and 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘July 31, 2015’’ and 

17 inserting ‘‘September 30, 2015’’; and 

(ii) by striking ‘‘304 18 ⁄365’’ and inserting 

‘‘365 19 ⁄365’’; and 

20 (4) in subsection (f)(1), in the matter preceding 

21 subparagraph (A), by striking ‘‘July 31, 2015’’ and 

22 inserting ‘‘September 30, 2015’’. 

23 (c) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

24 Section 1123(h)(1) of MAP–21 (23 U.S.C. 202 note; Public 

25 Law 112–141) is amended— 
991 

† HR 22 EAS 

1 (1) by striking ‘‘$24,986,301’’ and inserting 

2 ‘‘$30,000,000’’; and 

3 (2) by striking ‘‘July 31, 2015’’ and inserting 

4 ‘‘September 30, 2015’’. 

5 SEC. 71002. ADMINISTRATIVE EXPENSES. 

6 (a) AUTHORIZATION OF CONTRACT AUTHORITY.—Sec7 tion 1002(a) of the Highway and Transportation Funding 

8 Act of 2014 (Public Law 113–159; 128 Stat. 1842; 129 Stat. 

9 220) is amended— 

10 (1) by striking ‘‘$366,465,753’’ and inserting 

11 ‘‘$440,000,000’’; and 

12 (2) by striking ‘‘July 31, 2015’’ and inserting 

13 ‘‘September 30, 2015’’. 

14 (b) CONTRACT AUTHORITY.—Section 1002(b)(2) of the 

15 Highway and Transportation Funding Act of 2014 (Public 

16 Law 113–159; 128 Stat. 1842; 129 Stat. 220) is amended 

17 by striking ‘‘July 31, 2015’’ and inserting ‘‘September 30, 

18 2015’’. 

19 TITLE LXXII—TEMPORARY EX20 TENSION OF PUBLIC TRANS21 PORTATION PROGRAMS 

22 SEC. 72001. FORMULA GRANTS FOR RURAL AREAS. 

23 Section 5311(c)(1) of title 49, United States Code, is 

24 amended— 
992 

† HR 22 EAS 

1 (1) in subparagraph (A), by striking ‘‘ending be2 fore’’ and all that follows through ‘‘July 31, 2015,’’; 

3 and 

4 (2) in subparagraph (B), by striking ‘‘ending be5 fore’’ and all that follows through ‘‘July 31, 2015,’’. 

6 SEC. 72002. APPORTIONMENT OF APPROPRIATIONS FOR 

7 FORMULA GRANTS. 

8 Section 5336(h)(1) of title 49, United States Code, is 

9 amended by striking ‘‘before October 1, 2014’’ and all that 

10 follows through ‘‘July 31, 2015,’’ and inserting ‘‘before Oc11 tober 1, 2015’’. 

12 SEC. 72003. AUTHORIZATIONS FOR PUBLIC TRANSPOR13 TATION. 

14 (a) FORMULA GRANTS.—Section 5338(a) of title 49, 

15 United States Code, is amended— 

16 (1) in paragraph (1), by striking ‘‘for fiscal year 

17 2014’’ and all that follows and inserting ‘‘for fiscal 

18 year 2014, and $8,595,000,000 for fiscal year 2015.’’; 

19 (2) in paragraph (2)— 

20 (A) in subparagraph (A), by striking 

21 ‘‘$107,274,521 for the period beginning on Octo22 ber 1, 2014, and ending on July 31, 2015,’’ and 

23 inserting ‘‘$128,800,000 for fiscal year 2015’’; 

24 (B) in subparagraph (B), by striking ‘‘2013 

25 and 2014 and $8,328,767 for the period begin-
993 

† HR 22 EAS 

1 ning on October 1, 2014, and ending on July 31, 

2 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; 

3 (C) in subparagraph (C), by striking 

4 ‘‘$3,713,505,753 for the period beginning on Oc5 tober 1, 2014, and ending on July 31, 2015,’’ 

6 and inserting ‘‘$4,458,650,000 for fiscal year 

7 2015’’; 

8 (D) in subparagraph (D), by striking 

9 ‘‘$215,132,055 for the period beginning on Octo10 ber 1, 2014, and ending on July 31, 2015,’’ and 

11 inserting ‘‘$258,300,000 for fiscal year 2015’’; 

12 (E) in subparagraph (E)— 

13 (i) by striking ‘‘$506,222,466 for the 

14 period beginning on October 1, 2014, and 

15 ending on July 31, 2015,’’ and inserting 

16 ‘‘$607,800,000 for fiscal year 2015’’; 

17 (ii) by striking ‘‘$24,986,301 for the 

18 period beginning on October 1, 2014, and 

19 ending on July 31, 2015,’’ and inserting 

20 ‘‘$30,000,000 for fiscal year 2015’’; and 

21 (iii) by striking ‘‘$16,657,534 for the 

22 period beginning on October 1, 2014, and 

23 ending on July 31, 2015,’’ and inserting 

24 ‘‘$20,000,000 for fiscal year 2015’’; 
994 

† HR 22 EAS 

1 (F) in subparagraph (F), by striking ‘‘2013 

2 and 2014 and $2,498,630 for the period begin3 ning on October 1, 2014, and ending on July 31, 

4 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; 

5 (G) in subparagraph (G), by striking ‘‘2013 

6 and 2014 and $4,164,384 for the period begin7 ning on October 1, 2014, and ending on July 31, 

8 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; 

9 (H) in subparagraph (H), by striking 

10 ‘‘2013 and 2014 and $3,206,575 for the period 

11 beginning on October 1, 2014, and ending on 

12 July 31, 2015,’’ and inserting ‘‘2013, 2014, and 

13 2015’’; 

14 (I) in subparagraph (I), by striking 

15 ‘‘$1,803,927,671 for the period beginning on Oc16 tober 1, 2014, and ending on July 31, 2015,’’ 

17 and inserting ‘‘$2,165,900,000 for fiscal year 

18 2015’’; 

19 (J) in subparagraph (J), by striking 

20 ‘‘$356,304,658 for the period beginning on Octo21 ber 1, 2014, and ending on July 31, 2015,’’ and 

22 inserting ‘‘$427,800,000 for fiscal year 2015’’; 

23 and 

24 (K) in subparagraph (K), by striking 

25 ‘‘$438,009,863 for the period beginning on Octo-
995 

† HR 22 EAS 

1 ber 1, 2014, and ending on July 31, 2015,’’ and 

2 inserting ‘‘$525,900,000 for fiscal year 2015’’. 

3 (b) RESEARCH, DEVELOPMENT DEMONSTRATION AND

4 DEPLOYMENT PROJECTS.—Section 5338(b) of title 49, 

5 United States Code, is amended by striking ‘‘$58,301,370 

6 for the period beginning on October 1, 2014, and ending 

7 on July 31, 2015’’ and inserting ‘‘$70,000,000 for fiscal 

8 year 2015’’. 

9 (c) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 

10 Section 5338(c) of title 49, United States Code, is amended 

11 by striking ‘‘$5,830,137 for the period beginning on October 

12 1, 2014, and ending on July 31, 2015’’ and inserting 

13 ‘‘$7,000,000 for fiscal year 2015’’. 

14 (d) TECHNICAL ASSISTANCE AND STANDARDS DEVEL15 OPMENT.—Section 5338(d) of title 49, United States Code, 

16 is amended by striking ‘‘$5,830,137 for the period begin17 ning on October 1, 2014, and ending on July 31, 2015’’ 

18 and inserting ‘‘$7,000,000 for fiscal year 2015’’. 

19 (e) HUMAN RESOURCES AND TRAINING.—Section 

20 5338(e) of title 49, United States Code, is amended by strik21 ing ‘‘$4,164,384 for the period beginning on October 1, 

22 2014, and ending on July 31, 2015’’ and inserting 

23 ‘‘$5,000,000 for fiscal year 2015’’. 

24 (f) CAPITAL INVESTMENT GRANTS.—Section 5338(g) 

25 of title 49, United States Code, is amended by striking 
996 

† HR 22 EAS 

1 ‘‘$1,558,295,890 for the period beginning on October 1, 

2 2014, and ending on July 31, 2015’’ and inserting 

3 ‘‘$1,907,000,000 for fiscal year 2015’’. 

4 (g) ADMINISTRATION.—Section 5338(h) of title 49, 

5 United States Code, is amended— 

6 (1) in paragraph (1), by striking ‘‘$86,619,178 

7 for the period beginning on October 1, 2014, and end8 ing on July 31, 2015’’ and inserting ‘‘$104,000,000 

9 for fiscal year 2015’’; 

10 (2) in paragraph (2), by striking ‘‘2013 and 

11 2014 and not less than $4,164,384 for the period be12 ginning on October 1, 2014, and ending on July 31, 

13 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; and 

14 (3) in paragraph (3), by striking ‘‘2013 and 

15 2014 and not less than $832,877 for the period begin16 ning on October 1, 2014, and ending on July 31, 

17 2015,’’ and inserting ‘‘2013, 2014, and 2015’’. 

18 SEC. 72004. BUS AND BUS FACILITIES FORMULA GRANTS. 

19 Section 5339(d)(1) of title 49, United States Code, is 

20 amended— 

21 (1) by striking ‘‘2013 and 2014 and $54,553,425 

22 for the period beginning on October 1, 2014, and end23 ing on July 31, 2015,’’ and inserting ‘‘2013, 2014, 

24 and 2015’’; 
997 

† HR 22 EAS 

1 (2) by striking ‘‘and $1,041,096 for such period’’; 

2 and 

3 (3) by striking ‘‘and $416,438 for such period’’. 

4 TITLE LXXIII—EXTENSION OF 

5 HIGHWAY SAFETY PROGRAMS 

6 Subtitle A—Extension of Highway 

7 Safety Programs 

8 SEC. 73101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 

9 SAFETY ADMINISTRATION HIGHWAY SAFETY 

10 PROGRAMS. 

11 (a) EXTENSION OF PROGRAMS.— 

12 (1) HIGHWAY SAFETY PROGRAMS.—Section 

13 31101(a)(1)(C) of MAP–21 (126 Stat. 733) is amend14 ed to read as follows: 

15 ‘‘(C) $235,000,000 for fiscal year 2015.’’. 

16 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP17 MENT.—Section 31101(a)(2)(C) of MAP–21 (126 

18 Stat. 733) is amended to read as follows: 

19 ‘‘(C) $113,500,000 for fiscal year 2015.’’. 

20 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

21 Section 31101(a)(3)(C) of MAP–21 (126 Stat. 733) is 

22 amended to read as follows: 

23 ‘‘(C) $272,000,000 for fiscal year 2015.’’. 
998 

† HR 22 EAS 

1 (4) NATIONAL DRIVER REGISTER.—Section 

2 31101(a)(4)(C) of MAP–21 (126 Stat. 733) is amend3 ed to read as follows: 

4 ‘‘(C) $5,000,000 for fiscal year 2015.’’. 

5 (5) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 

6 (A) AUTHORIZATION OF APPROPRIA7 TIONS.—Section 31101(a)(5)(C) of MAP–21 (126 

8 Stat. 733) is amended to read as follows: 

9 ‘‘(C) $29,000,000 for fiscal year 2015.’’. 

10 (B) LAW ENFORCEMENT CAMPAIGNS.—Sec11 tion 2009(a) of SAFETEA–LU (23 U.S.C. 402 

12 note) is amended— 

13 (i) in the first sentence, by striking 

14 ‘‘and 2014 and in the period beginning on 

15 October 1, 2014, and ending on July 31, 

16 2015’’ and inserting ‘‘through 2015’’; and 

17 (ii) in the second sentence, by striking 

18 ‘‘and 2014 and in the period beginning on 

19 October 1, 2014, and ending on July 31, 

20 2015,’’ and inserting ‘‘through 2015’’. 

21 (6) ADMINISTRATIVE EXPENSES.—Section 

22 31101(a)(6)(C) of MAP–21 (126 Stat. 733) is amend23 ed to read as follows: 

24 ‘‘(C) $25,500,000 for fiscal year 2015.’’. 
999 

† HR 22 EAS 

1 (b) COOPERATIVE RESEARCH AND EVALUATION.—Sec2 tion 403(f)(1) of title 23, United States Code, is amended 

3 by striking ‘‘under subsection 402(c) in each fiscal year 

4 ending before October 1, 2014, and $2,082,192 of the total 

5 amount available for apportionment to the States for high6 way safety programs under section 402(c) in the period be7 ginning on October 1, 2014, and ending on July 31, 2015,’’ 

8 and inserting ‘‘under section 402(c) in each fiscal year end9 ing before October 1, 2015,’’. 

10 (c) APPLICABILITY OF TITLE 23.—Section 31101(c) of 

11 MAP–21 (126 Stat. 733) is amended by striking ‘‘fiscal 

12 years 2013 and 2014 and for the period beginning on Octo13 ber 1, 2014, and ending on July 31, 2015,’’ and inserting 

14 ‘‘each of fiscal years 2013 through 2015’’. 

15 SEC. 73102. EXTENSION OF FEDERAL MOTOR CARRIER 

16 SAFETY ADMINISTRATION PROGRAMS. 

17 (a) MOTOR CARRIER SAFETY GRANTS.—Section 

18 31104(a)(10) of title 49, United States Code, is amended 

19 to read as follows: 

20 ‘‘(10) $218,000,000 for fiscal year 2015.’’. 

21 (b) ADMINISTRATIVE EXPENSES.—Section 

22 31104(i)(1)(J) of title 49, United States Code, is amended 

23 to read as follows: 

24 ‘‘(J) $259,000,000 for fiscal year 2015.’’. 

25 (c) GRANT PROGRAMS.— 
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1 (1) COMMERCIAL DRIVER’S LICENSE PROGRAM

2 IMPROVEMENT GRANTS.—Section 4101(c)(1) of 

3 SAFETEA–LU (119 Stat. 1715) is amended by strik4 ing ‘‘each of fiscal years 2013 and 2014 and 

5 $24,986,301 for the period beginning on October 1, 

6 2014, and ending on July 31, 2015’’ and inserting 

7 ‘‘each of fiscal years 2013 through 2015’’. 

8 (2) BORDER ENFORCEMENT GRANTS.—Section 

9 4101(c)(2) of SAFETEA–LU (119 Stat. 1715) is 

10 amended by striking ‘‘each of fiscal years 2013 and 

11 2014 and $26,652,055 for the period beginning on Oc12 tober 1, 2014, and ending on July 31, 2015’’ and in13 serting ‘‘each of fiscal years 2013 through 2015’’. 

14 (3) PERFORMANCE AND REGISTRATION INFORMA15 TION SYSTEM MANAGEMENT GRANT PROGRAM.—Sec16 tion 4101(c)(3) of SAFETEA–LU (119 Stat. 1715) is 

17 amended by striking ‘‘each of fiscal years 2013 and 

18 2014 and $4,164,384 for the period beginning on Oc19 tober 1, 2014, and ending on July 31, 2015’’ and in20 serting ‘‘each of fiscal years 2013 through 2015’’. 

21 (4) COMMERCIAL VEHICLE INFORMATION SYS22 TEMS AND NETWORKS DEPLOYMENT PROGRAM.—Sec23 tion 4101(c)(4) of SAFETEA–LU (119 Stat. 1715) is 

24 amended by striking ‘‘each of fiscal years 2013 and 

25 2014 and $20,821,918 for the period beginning on Oc-
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† HR 22 EAS 

1 tober 1, 2014, and ending on July 31, 2015’’ and in2 serting ‘‘each of fiscal years 2013 through 2015’’. 

3 (5) SAFETY DATA IMPROVEMENT GRANTS.—Sec4 tion 4101(c)(5) of SAFETEA–LU (119 Stat. 1715) is 

5 amended by striking ‘‘each of fiscal years 2013 and 

6 2014 and $2,498,630 for the period beginning on Oc7 tober 1, 2014, and ending on July 31, 2015’’ and in8 serting ‘‘each of fiscal years 2013 through 2015’’. 

9 (d) HIGH-PRIORITY ACTIVITIES.—Section 31104(k)(2) 

10 of title 49, United States Code, is amended by striking 

11 ‘‘each of fiscal years 2006 through 2014 and up to 

12 $12,493,151 for the period beginning on October 1, 2014, 

13 and ending on July 31, 2015,’’ and inserting ‘‘each of fiscal 

14 years 2006 through 2015’’. 

15 (e) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) 

16 of title 49, United States Code, is amended by striking ‘‘per 

17 fiscal year and up to $26,652,055 for the period beginning 

18 on October 1, 2014, and ending on July 31, 2015,’’ and 

19 inserting ‘‘per fiscal year’’. 

20 (f) OUTREACH AND EDUCATION.—Section 4127(e) of 

21 SAFETEA–LU (119 Stat. 1741) is amended by striking 

22 ‘‘each of fiscal years 2013 and 2014 and $3,331,507 to the 

23 Federal Motor Carrier Safety Administration for the period 

24 beginning on October 1, 2014, and ending on July 31, 
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† HR 22 EAS 

1 2015,’’ and inserting ‘‘each of fiscal years 2013 through 

2 2015’’. 

3 (g) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI4 CLE OPERATORS.—Section 4134(c) of SAFETEA–LU (49 

5 U.S.C. 31301 note) is amended by striking ‘‘each of fiscal 

6 years 2005 through 2014 and $832,877 for the period begin7 ning on October 1, 2014, and ending on July 31, 2015’’ 

8 and inserting ‘‘each of fiscal years 2005 through 2015’’. 

9 SEC. 73103. DINGELL-JOHNSON SPORT FISH RESTORATION 

10 ACT. 

11 Section 4 of the Dingell-Johnson Sport Fish Restora12 tion Act (16 U.S.C. 777c) is amended— 

13 (1) in subsection (a), in the matter preceding 

14 paragraph (1) by striking ‘‘each fiscal year through 

15 2014 and for the period beginning on October 1, 

16 2014, and ending on July 31, 2015,’’ and inserting 

17 ‘‘each fiscal year through 2015’’; and 

18 (2) in subsection (b)(1)(A) by striking ‘‘for each 

19 fiscal year ending before October 1, 2014, and for the 

20 period beginning on October 1, 2014, and ending on 

21 July 31, 2015,’’ and inserting ‘‘for each fiscal year 

22 ending before October 1, 2015’’. 
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1 Subtitle B—Hazardous Materials 

2 SEC. 73201. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) IN GENERAL.—Section 5128(a)(3) of title 49, 

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

5 ‘‘(3) $42,762,000 for fiscal year 2015.’’. 

6 (b) HAZARDOUS MATERIALS EMERGENCY PREPARED7 NESS FUND.—Section 5128(b)(2) of title 49, United States 

8 Code, is amended to read as follows: 

9 ‘‘(2) FISCAL YEAR 2015.—From the Hazardous 

10 Materials Emergency Preparedness Fund established 

11 under section 5116(i), the Secretary may expend dur12 ing fiscal year 2015— 

13 ‘‘(A) $188,000 to carry out section 5115; 

14 ‘‘(B) $21,800,000 to carry out subsections 

15 (a) and (b) of section 5116, of which not less 

16 than $13,650,000 shall be available to carry out 

17 section 5116(b); 

18 ‘‘(C) $150,000 to carry out section 5116(f); 

19 ‘‘(D) $625,000 to publish and distribute the 

20 Emergency Response Guidebook under section 

21 5116(i)(3); and 

22 ‘‘(E) $1,000,000 to carry out section 

23 5116(j).’’. 

24 (c) HAZARDOUS MATERIALS TRAINING GRANTS.—Sec25 tion 5128(c) of title 49, United States Code, is amended 
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1 by striking ‘‘each of fiscal years 2013 and 2014 and 

2 $3,331,507 for the period beginning on October 1, 2014, and 

3 ending on July 31, 2015,’’ and inserting ‘‘each of fiscal 

4 years 2013 through 2015’’. 

5 TITLE LXXIV—REVENUE 

6 PROVISIONS 

7 SEC. 74001. EXTENSION OF TRUST FUND EXPENDITURE AU8 THORITY. 

9 (a) HIGHWAY TRUST FUND.—Section 9503 of the In10 ternal Revenue Code of 1986 is amended— 

11 (1) by striking ‘‘August 1, 2015’’ in subsections 

12 (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 

13 2015’’, and 

14 (2) by striking ‘‘Highway and Transportation 

15 Funding Act of 2015’’ in subsections (c)(1) and (e)(3) 

16 and inserting ‘‘Surface Transportation Extension Act 

17 of 2015’’. 

18 (b) SPORT FISH RESTORATION AND BOATING TRUST

19 FUND.—Section 9504 of the Internal Revenue Code of 1986 

20 is amended— 

21 (1) by striking ‘‘Highway and Transportation 

22 Funding Act of 2015’’ each place it appears in sub23 section (b)(2) and inserting ‘‘Surface Transportation 

24 Extension Act of 2015’’, and 
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1 (2) by striking ‘‘August 1, 2015’’ in subsection 

2 (d)(2) and inserting ‘‘October 1, 2015’’. 

3 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

4 FUND.—Paragraph (2) of section 9508(e) of the Internal 

5 Revenue Code of 1986 is amended by striking ‘‘August 1, 

6 2015’’ and inserting ‘‘October 1, 2015’’. 

7 (d) EFFECTIVE DATE.—The amendments made by this 

8 section shall take effect on August 1, 2015. 

9 DIVISION H—BUDGETARY 

10 EFFECTS 

11 SEC. 80001. BUDGETARY EFFECTS. 

12 The budgetary effects of this Act, for the purpose of 

13 complying with the Statutory Pay-As-You-Go-Act of 2010, 

14 shall be determined by reference to the latest statement titled 

15 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

16 submitted for printing in the Congressional Record by the 

17 Chairman of the Senate Budget Committee, provided that 

18 such statement has been submitted prior to the vote on pas19 sage. 

20 SEC. 80002. MAINTENANCE OF HIGHWAY TRUST FUND CASH 

21 BALANCE. 

22 (a) DEFINITIONS.—In this section: 

23 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway 

24 Account’’ has the meaning given the term in section 

25 9503(e)(5)(B) of the Internal Revenue Code of 1986. 
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1 (2) HIGHWAY TRUST FUND.—The term ‘‘High2 way Trust Fund’’ means the Highway Trust Fund es3 tablished by section 9503(a) of the Internal Revenue 

4 Code of 1986. 

5 (3) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 

6 Transit Account’’ means the Mass Transit Account es7 tablished by section 9503(e)(1) of the Internal Rev8 enue Code of 1986. 

9 (b) RESTRICTION ON OBLIGATIONS.—If the Secretary, 

10 in consultation with the Secretary of the Treasury, deter11 mines under the test or reevaluation described under sub12 section (c) or (d) that the projected cash balances of either 

13 the Highway Account or the Mass Transit Account of the 

14 Highway Trust Fund will fall below the levels described in 

15 subparagraph (A) or (B) of subsection (c)(2) at any time 

16 during the fiscal year for which that determination applies, 

17 the Secretary shall not approve any obligation of funds au18 thorized out of the Highway Account or the Mass Transit 

19 Account of the Highway Trust Fund during that fiscal 

20 year. 

21 (c) CASH BALANCE TEST.—On July 15 prior to the 

22 beginning of each of fiscal years 2019 through 2021, the 

23 Secretary, in consultation with the Secretary of the Treas24 ury, shall— 
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1 (1) based on data available for the midsession re2 view described under section 1106 of title 31, United 

3 States Code, estimate the projected cash balances of 

4 the Highway Account and the Mass Transit Account 

5 of the Highway Trust Fund for the upcoming fiscal 

6 year; and 

7 (2) determine if those cash balances— 

8 (A) are projected to fall below the amount 

9 of $4,000,000,000 at any time during that up10 coming fiscal year in the Highway Account of 

11 the Highway Trust Fund; or 

12 (B) are projected to fall below the amount 

13 of $1,000,000,000 at any time during that up14 coming fiscal year in the Mass Transit Account 

15 of the Highway Trust Fund. 

16 (d) REEVALUATION.—The Secretary shall conduct the 

17 test described under subsection (c) again during a respective 

18 fiscal year— 

19 (1) if a law is enacted that provides additional 

20 revenues, deposits, or transfers to the Highway Trust 

21 Fund; or 

22 (2) when the President submits to Congress 

23 under section 1105(a) of title 31, United States Code, 

24 updated outlay estimates or revenue projections re25 lated to the Highway Trust Fund. 
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1 (e) NOTIFICATION.—Not later than 15 days after a de2 termination is made under subsection (c) or (d), the Sec3 retary shall provide notification of the determination to— 

4 (1) the Committee on Environment and Public 

5 Works of the Senate; 

6 (2) the Committee on Transportation and Infra7 structure of the House of Representatives; 

8 (3) the Committee on Banking, Housing, and 

9 Urban Affairs of the Senate; 

10 (4) the Committee on Commerce, Science, and 

11 Transportation of the Senate; and 

12 (5) State transportation departments and des13 ignated recipients. 

14 (f) EXCEPTIONS.—Notwithstanding subsection (b), the 

15 Secretary shall approve obligations in every fiscal year 

16 for— 

17 (1) administrative expenses of the Federal High18 way Administration, including any administrative 

19 expenses funded under— 

20 (A) section 104(a) of title 23, United States 

21 Code; 

22 (B) the tribal transportation program 

23 under section 202(a)(6), of title 23, United 

24 States Code; 
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1 (C) the Federal lands transportation pro2 gram under section 203 of title 23, United States 

3 Code; and 

4 (D) chapter 6 of title 23, United States 

5 Code; 

6 (2) funds for the national highway performance 

7 program under section 119 of title 23, United States 

8 Code, that are exempt from the limitation on obliga9 tions; 

10 (3) the emergency relief program under section 

11 125 of title 23, United States Code; 

12 (4) the administrative expenses of the National 

13 Highway Traffic Safety Administration in carrying 

14 out chapter 4 of title 23, United States Code; 

15 (5) the highway safety programs under section 

16 402 of title 23, United States Code, and national pri17 ority safety programs under section 405 of title 23, 

18 United States Code; 

19 (6) the high visibility enforcement program 

20 under section 2009 of SAFETEA–LU (23 U.S.C. 402 

21 note; Public Law 109–59); 

22 (7) the highway safety research and development 

23 program under section 403 of title 23, United States 

24 Code; 
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1 (8) the national driver register under chapter 

2 303 of title 49, United States Code; 

3 (9) the motor carrier safety assistance program 

4 under section 31102 of title 49, United States Code; 

5 (10) the administrative expenses of the Federal 

6 Motor Carrier Safety Administration under section 

7 31110 of title 49, United States Code; and 

8 (11) the administrative expenses of the Federal 

9 Transit Administration funded under section 5338(h) 

10 of title 49, United States Code, to carry out section 

11 5329 of title 49, United States Code. 

12 SEC. 80003. PROHIBITION ON RESCISSIONS OF CERTAIN 

13 CONTRACT AUTHORITY. 

14 For purposes of the enforcement of a point of order 

15 established under the Congressional Budget Act of 1974 (2 

16 U.S.C. 621 et seq.), the determination of levels under the 

17 Balanced Budget and Emergency Deficit Control Act of 

18 1985 (2 U.S.C. 900 et seq.) or the Statutory Pay-As-You19 Go Act of 2010 (2 U.S.C. 931 et seq.), and the enforcement 

20 of a point of order established under or the determination 

21 of levels under a concurrent resolution on the budget, the 

22 rescission of contract authority that is provided under this 

23 Act or an amendment made by this Act for fiscal year 2019, 

24 2020, or 2021 shall not be counted. 
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1 DIVISION I—EXPORT-IMPORT 

2 BANK OF THE UNITED STATES 

3 SEC. 90001. SHORT TITLE. 

4 This division may be cited as the ‘‘Export-Import 

5 Bank Reform and Reauthorization Act of 2015’’. 

6 TITLE XCI—TAXPAYER PROTEC7 TION PROVISIONS AND IN8 CREASED ACCOUNTABILITY 

9 SEC. 91001. REDUCTION IN AUTHORIZED AMOUNT OF OUT10 STANDING LOANS, GUARANTEES, AND INSUR11 ANCE. 

12 Section 6(a) of the Export-Import Bank Act of 1945 

13 (12 U.S.C. 635e(a)) is amended— 

14 (1) by redesignating paragraph (3) as para15 graph (4); and 

16 (2) by striking paragraph (2) and inserting the 

17 following: 

18 ‘‘(2) APPLICABLE AMOUNT DEFINED.—In this 

19 subsection, the term ‘applicable amount’, for each of 

20 fiscal years 2015 through 2019, means 

21 $135,000,000,000. 

22 ‘‘(3) FREEZING OF LENDING CAP IF DEFAULT

23 RATE IS 2 PERCENT OR MORE.—If the rate calculated 

24 under section 8(g)(1) is 2 percent or more for a quar25 ter, the Bank may not exceed the amount of loans, 
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† HR 22 EAS 

1 guarantees, and insurance outstanding on the last 

2 day of that quarter until the rate calculated under 

3 section 8(g)(1) is less than 2 percent.’’. 

4 SEC. 91002. INCREASE IN LOSS RESERVES. 

5 (a) IN GENERAL.—Section 6 of the Export-Import 

6 Bank Act of 1945 (12 U.S.C. 635e) is amended— 

7 (1) by redesignating subsection (b) as subsection 

8 (c); and 

9 (2) by inserting after subsection (a) the fol10 lowing: 

11 ‘‘(b) RESERVE REQUIREMENT.—The Bank shall build 

12 to and hold in reserve, to protect against future losses, an 

13 amount that is not less than 5 percent of the aggregate 

14 amount of disbursed and outstanding loans, guarantees, 

15 and insurance of the Bank.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by sub17 section (a) shall take effect on the date that is one year after 

18 the date of the enactment of this Act. 

19 SEC. 91003. REVIEW OF FRAUD CONTROLS. 

20 Section 17(b) of the Export-Import Bank Reauthoriza21 tion Act of 2012 (12 U.S.C. 635a–6(b)) is amended to read 

22 as follows: 

23 ‘‘(b) REVIEW OF FRAUD CONTROLS.—Not later than 

24 4 years after the date of the enactment of the Export-Import 

25 Bank Reform and Reauthorization Act of 2015, and every 
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1 4 years thereafter, the Comptroller General of the United 

2 States shall— 

3 ‘‘(1) review the adequacy of the design and effec4 tiveness of the controls used by the Export-Import 

5 Bank of the United States to prevent, detect, and in6 vestigate fraudulent applications for loans and guar7 antees and the compliance by the Bank with the con8 trols, including by auditing a sample of Bank trans9 actions; and 

10 ‘‘(2) submit a written report regarding the find11 ings of the review and providing such recommenda12 tions with respect to the controls described in para13 graph (1) as the Comptroller General deems appro14 priate to— 

15 ‘‘(A) the Committee on Banking, Housing, 

16 and Urban Affairs and the Committee on Appro17 priations of the Senate; and 

18 ‘‘(B) the Committee on Financial Services 

19 and the Committee on Appropriations of the 

20 House of Representatives.’’. 

21 SEC. 91004. OFFICE OF ETHICS. 

22 Section 3 of the Export-Import Bank Act of 1945 (12 

23 U.S.C. 635a) is amended by adding at the end the fol24 lowing: 

25 ‘‘(k) OFFICE OF ETHICS.— 
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1 ‘‘(1) ESTABLISHMENT.—There is established an 

2 Office of Ethics within the Bank, which shall oversee 

3 all ethics issues within the Bank. 

4 ‘‘(2) HEAD OF OFFICE.— 

5 ‘‘(A) IN GENERAL.—The head of the Office 

6 of Ethics shall be the Chief Ethics Officer, who 

7 shall report to the Board of Directors. 

8 ‘‘(B) APPOINTMENT.—Not later than 180 

9 days after the date of the enactment of the Ex10 port-Import Bank Reform and Reauthorization 

11 Act of 2015, the Chief Ethics Officer shall be— 

12 ‘‘(i) appointed by the President of the 

13 Bank from among persons— 

14 ‘‘(I) with a background in law 

15 who have experience in the fields of law 

16 and ethics; and 

17 ‘‘(II) who are not serving in a po18 sition requiring appointment by the 

19 President of the United States before 

20 being appointed to be Chief Ethics Of21 ficer; and 

22 ‘‘(ii) approved by the Board. 

23 ‘‘(C) DESIGNATED AGENCY ETHICS OFFI24 CIAL.—The Chief Ethics Officer shall serve as the 

25 designated agency ethics official for the Bank 
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† HR 22 EAS 

1 pursuant to the Ethics in Government Act of 

2 1978 (5 U.S.C. App. 101 et seq.). 

3 ‘‘(3) DUTIES.—The Office of Ethics has jurisdic4 tion over all employees of, and ethics matters relating 

5 to, the Bank. With respect to employees of the Bank, 

6 the Office of Ethics shall— 

7 ‘‘(A) recommend administrative actions to 

8 establish or enforce standards of official conduct; 

9 ‘‘(B) refer to the Office of the Inspector Gen10 eral of the Bank alleged violations of— 

11 ‘‘(i) the standards of ethical conduct 

12 applicable to employees of the Bank under 

13 parts 2635 and 6201 of title 5, Code of Fed14 eral Regulations; 

15 ‘‘(ii) the standards of ethical conduct 

16 established by the Chief Ethics Officer; and 

17 ‘‘(iii) any other laws, rules, or regula18 tions governing the performance of official 

19 duties or the discharge of official respon20 sibilities that are applicable to employees of 

21 the Bank; 

22 ‘‘(C) report to appropriate Federal or State 

23 authorities substantial evidence of a violation of 

24 any law applicable to the performance of official 
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1 duties that may have been disclosed to the Office 

2 of Ethics; and 

3 ‘‘(D) render advisory opinions regarding 

4 the propriety of any current or proposed conduct 

5 of an employee or contractor of the Bank, and 

6 issue general guidance on such matters as nec7 essary.’’. 

8 SEC. 91005. CHIEF RISK OFFICER. 

9 Section 3 of the Export-Import Bank Act of 1945 (12 

10 U.S.C. 635a), as amended by section 91004, is further 

11 amended by adding at the end the following: 

12 ‘‘(l) CHIEF RISK OFFICER.— 

13 ‘‘(1) IN GENERAL.—There shall be a Chief Risk 

14 Officer of the Bank, who shall— 

15 ‘‘(A) oversee all issues relating to risk with16 in the Bank; and 

17 ‘‘(B) report to the President of the Bank. 

18 ‘‘(2) APPOINTMENT.—Not later than 180 days 

19 after the date of the enactment of the Export-Import 

20 Bank Reform and Reauthorization Act of 2015, the 

21 Chief Risk Officer shall be— 

22 ‘‘(A) appointed by the President of the 

23 Bank from among persons— 

24 ‘‘(i) with a demonstrated ability in the 

25 general management of, and knowledge of 
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1 and extensive practical experience in, finan2 cial risk evaluation practices in large gov3 ernmental or business entities; and 

4 ‘‘(ii) who are not serving in a position 

5 requiring appointment by the President of 

6 the United States before being appointed to 

7 be Chief Risk Officer; and 

8 ‘‘(B) approved by the Board. 

9 ‘‘(3) DUTIES.—The duties of the Chief Risk Offi10 cer are— 

11 ‘‘(A) to be responsible for all matters related 

12 to managing and mitigating all risk to which 

13 the Bank is exposed, including the programs and 

14 operations of the Bank; 

15 ‘‘(B) to establish policies and processes for 

16 risk oversight, the monitoring of management 

17 compliance with risk limits, and the manage18 ment of risk exposures and risk controls across 

19 the Bank; 

20 ‘‘(C) to be responsible for the planning and 

21 execution of all Bank risk management activi22 ties, including policies, reporting, and systems to 

23 achieve strategic risk objectives; 

24 ‘‘(D) to develop an integrated risk manage25 ment program that includes identifying, 
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1 prioritizing, measuring, monitoring, and man2 aging internal control and operating risks and 

3 other identified risks; 

4 ‘‘(E) to ensure that the process for risk as5 sessment and underwriting for individual trans6 actions considers how each such transaction con7 siders the effect of the transaction on the con8 centration of exposure in the overall portfolio of 

9 the Bank, taking into account fees, 

10 collateralization, and historic default rates; and 

11 ‘‘(F) to review the adequacy of the use by 

12 the Bank of qualitative metrics to assess the risk 

13 of default under various scenarios.’’. 

14 SEC. 91006. RISK MANAGEMENT COMMITTEE. 

15 (a) IN GENERAL.—Section 3 of the Export-Import 

16 Bank Act of 1945 (12 U.S.C. 635a), as amended by sections 

17 91004 and 91005, is further amended by adding at the end 

18 the following: 

19 ‘‘(m) RISK MANAGEMENT COMMITTEE.— 

20 ‘‘(1) ESTABLISHMENT.—There is established a 

21 management committee to be known as the ‘Risk 

22 Management Committee’. 

23 ‘‘(2) MEMBERSHIP.—The membership of the Risk 

24 Management Committee shall be the members of the 
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† HR 22 EAS 

1 Board of Directors, with the President and First Vice 

2 President of the Bank serving as ex officio members. 

3 ‘‘(3) DUTIES.—The duties of the Risk Manage4 ment Committee shall be— 

5 ‘‘(A) to oversee, in conjunction with the Of6 fice of the Chief Financial Officer of the Bank— 

7 ‘‘(i) periodic stress testing on the entire 

8 Bank portfolio, reflecting different market, 

9 industry, and macroeconomic scenarios, 

10 and consistent with common practices of 

11 commercial and multilateral development 

12 banks; and 

13 ‘‘(ii) the monitoring of industry, geo14 graphic, and obligor exposure levels; and 

15 ‘‘(B) to review all required reports on the 

16 default rate of the Bank before submission to 

17 Congress under section 8(g).’’. 

18 (b) TERMINATION OF AUDIT COMMITTEE.—Not later 

19 than 180 days after the date of the enactment of this Act, 

20 the Board of Directors of the Export-Import Bank of the 

21 United States shall revise the bylaws of the Bank to termi22 nate the Audit Committee established by section 7 of the 

23 bylaws. 
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† HR 22 EAS 

1 SEC. 91007. INDEPENDENT AUDIT OF BANK PORTFOLIO. 

2 (a) AUDIT.—The Inspector General of the Export-Im3 port Bank of the United States shall conduct an audit or 

4 evaluation of the portfolio risk management procedures of 

5 the Bank, including a review of the implementation by the 

6 Bank of the duties assigned to the Chief Risk Officer under 

7 section 3(l) of the Export-Import Bank Act of 1945, as 

8 amended by section 91005. 

9 (b) REPORT.—Not later than one year after the date 

10 of the enactment of this Act, and not less frequently than 

11 every 3 years thereafter, the Inspector General shall submit 

12 to the Committee on Banking, Housing, and Urban Affairs 

13 of the Senate and the Committee on Financial Services of 

14 the House of Representatives a written report containing 

15 all findings and determinations made in carrying out sub16 section (a). 

17 SEC. 91008. PILOT PROGRAM FOR REINSURANCE. 

18 (a) IN GENERAL.—Notwithstanding any provision of 

19 the Export-Import Bank Act of 1945 (12 U.S.C. 635 et 

20 seq.), the Export-Import Bank of the United States (in this 

21 section referred to as the ‘‘Bank’’) may establish a pilot pro22 gram under which the Bank may enter into contracts and 

23 other arrangements to share risks associated with the provi24 sion of guarantees, insurance, or credit, or the participation 

25 in the extension of credit, by the Bank under that Act. 

26 (b) LIMITATIONS ON AMOUNT OF RISK-SHARING.— 
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† HR 22 EAS 

1 (1) PER CONTRACT OR OTHER ARRANGEMENT.— 

2 The aggregate amount of liability the Bank may 

3 transfer through risk-sharing pursuant to a contract 

4 or other arrangement entered into under subsection 

5 (a) may not exceed $1,000,000,000. 

6 (2) PER YEAR.—The aggregate amount of liabil7 ity the Bank may transfer through risk-sharing dur8 ing a fiscal year pursuant to contracts or other ar9 rangements entered into under subsection (a) during 

10 that fiscal year may not exceed $10,000,000,000. 

11 (c) ANNUAL REPORTS.—Not later than one year after 

12 the date of the enactment of this Act, and annually there13 after through 2019, the Bank shall submit to Congress a 

14 written report that contains a detailed analysis of the use 

15 of the pilot program carried out under subsection (a) dur16 ing the year preceding the submission of the report. 

17 (d) RULE OF CONSTRUCTION.—Nothing in this section 

18 shall be construed to affect, impede, or revoke any authority 

19 of the Bank. 

20 (e) TERMINATION.—The pilot program carried out 

21 under subsection (a) shall terminate on September 30, 2019. 
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† HR 22 EAS 

1 TITLE XCII—PROMOTION OF 

2 SMALL BUSINESS EXPORTS 

3 SEC. 92001. INCREASE IN SMALL BUSINESS LENDING RE4 QUIREMENTS. 

5 (a) IN GENERAL.—Section 2(b)(1)(E)(v) of the Ex6 port-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) 

7 is amended by striking ‘‘20 percent’’ and inserting ‘‘25 per8 cent’’. 

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall apply with respect to fiscal year 2016 and 

11 each fiscal year thereafter. 

12 SEC. 92002. REPORT ON PROGRAMS FOR SMALL AND ME13 DIUM-SIZED BUSINESSES. 

14 (a) IN GENERAL.—Section 8 of the Export-Import 

15 Bank Act of 1945 (12 U.S.C. 635g) is amended by adding 

16 at the end the following: 

17 ‘‘(k) REPORT ON PROGRAMS FOR SMALL AND MEDIUM18 SIZED BUSINESSES.—The Bank shall include in its annual 

19 report to Congress under subsection (a) a report on the pro20 grams of the Bank for United States businesses with less 

21 than $250,000,000 in annual sales.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall apply with respect to the report of the Ex24 port-Import Bank of the United States submitted to Con25 gress under section 8 of the Export-Import Bank Act of 
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1 1945 (12 U.S.C. 635g) for the first year that begins after 

2 the date of the enactment of this Act. 

3 TITLE XCIII—MODERNIZATION 

4 OF OPERATIONS 

5 SEC. 93001. ELECTRONIC PAYMENTS AND DOCUMENTS. 

6 Section 2(b)(1) of the Export-Import Bank Act of 1945 

7 (12 U.S.C. 635(b)(1)) is amended by adding at the end the 

8 following: 

9 ‘‘(M) Not later than 2 years after the date of the enact10 ment of the Export-Import Bank Reform and Reauthoriza11 tion Act of 2015, the Bank shall implement policies— 

12 ‘‘(i) to accept electronic documents with respect 

13 to transactions whenever possible, including copies of 

14 bills of lading, certifications, and compliance docu15 ments, in such manner so as not to undermine any 

16 potential civil or criminal enforcement related to the 

17 transactions; and 

18 ‘‘(ii) to accept electronic payments in all of its 

19 programs.’’. 

20 SEC. 93002. REAUTHORIZATION OF INFORMATION TECH21 NOLOGY UPDATING. 

22 Section 3(j) of the Export-Import Act of 1945 (12 

23 U.S.C. 635a(j)) is amended— 
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1 (1) in paragraph (1), in the matter preceding 

2 subparagraph (A), by striking ‘‘2012, 2013, and 

3 2014’’ and inserting ‘‘2015 through 2019’’; 

4 (2) in paragraph (2)(B), by striking ‘‘(I) the 

5 funds’’ and inserting ‘‘(i) the funds’’; and 

6 (3) in paragraph (3), by striking ‘‘2012, 2013, 

7 and 2014’’ and inserting ‘‘2015 through 2019’’. 

8 TITLE XCIV—GENERAL 

9 PROVISIONS 

10 SEC. 94001. EXTENSION OF AUTHORITY. 

11 (a) IN GENERAL.—Section 7 of the Export-Import 

12 Bank Act of 1945 (12 U.S.C. 635f) is amended by striking 

13 ‘‘2014’’ and inserting ‘‘2019’’. 

14 (b) DUAL-USE EXPORTS.—Section 1(c) of Public Law 

15 103–428 (12 U.S.C. 635 note) is amended by striking ‘‘Sep16 tember 30, 2014’’ and inserting ‘‘the date on which the au17 thority of the Export-Import Bank of the United States ex18 pires under section 7 of the Export-Import Bank Act of 

19 1945 (12 U.S.C. 635f)’’. 

20 (c) SUB-SAHARAN AFRICA ADVISORY COMMITTEE.— 

21 Section 2(b)(9)(B)(iii) of the Export-Import Bank Act of 

22 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is amended by striking 

23 ‘‘September 30, 2014’’ and inserting ‘‘the date on which the 

24 authority of the Bank expires under section 7’’. 
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† HR 22 EAS 

1 (d) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the earlier of the date of the en3 actment of this Act or June 30, 2015. 

4 SEC. 94002. CERTAIN UPDATED LOAN TERMS AND 

5 AMOUNTS. 

6 (a) LOAN TERMS FOR MEDIUM-TERM FINANCING.— 

7 Section 2(a)(2)(A) of the Export-Import Bank Act of 1945 

8 (12 U.S.C. 635(a)(2)(A)) is amended— 

9 (1) in clause (i), by striking ‘‘; and’’ and insert10 ing a semicolon; and 

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

12 ‘‘(iii) with principal amounts of not more 

13 than $25,000,000; and’’. 

14 (b) COMPETITIVE OPPORTUNITIES RELATING TO IN15 SURANCE.—Section 2(d)(2) of the Export-Import Bank Act 

16 of 1945 (12 U.S.C. 635(d)(2)) is amended by striking 

17 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 

18 (c) EXPORT AMOUNTS FOR SMALL BUSINESS

19 LOANS.—Section 3(g)(3) of the Export-Import Bank Act of 

20 1945 (12 U.S.C. 635a(g)(3)) is amended by striking 

21 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 

22 (d) CONSIDERATION OF ENVIRONMENTAL EFFECTS.— 

23 Section 11(a)(1)(A) of the Export-Import Bank Act of 1945 

24 (12 U.S.C. 635i–5(a)(1)(A)) is amended by striking 

25 ‘‘$10,000,000 or more’’ and inserting the following: 
1026 

† HR 22 EAS 

1 ‘‘$25,000,000 (or, if less than $25,000,000, the threshold es2 tablished pursuant to international agreements, including 

3 the Common Approaches for Officially Supported Export 

4 Credits and Environmental and Social Due Diligence, as 

5 adopted by the Organisation for Economic Co-operation 

6 and Development Council on June 28, 2012, and the risk7 management framework adopted by financial institutions 

8 for determining, assessing, and managing environmental 

9 and social risk in projects (commonly referred to as the 

10 ‘Equator Principles’)) or more’’. 

11 (e) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply with respect to fiscal year 2016 and each 

13 fiscal year thereafter. 

14 TITLE XCV—OTHER MATTERS 

15 SEC. 95001. PROHIBITION ON DISCRIMINATION BASED ON 

16 INDUSTRY. 

17 Section 2 of the Export-Import Bank Act of 1945 (6 

18 U.S.C. 635 et seq.) is amended by adding at the end the 

19 following: 

20 ‘‘(k) PROHIBITION ON DISCRIMINATION BASED ON IN21 DUSTRY.— 

22 ‘‘(1) IN GENERAL.—Except as provided in this 

23 Act, the Bank may not— 
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† HR 22 EAS 

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. 95002. 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 EAS 

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 EAS 

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. 95003. 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 EAS 

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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† HR 22 EAS 

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 EAS 

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). 

Amend the title so as to read: ‘‘An Act to authorize 

funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.’’. 

Attest: 

Secretary. 

114TH CONGRESS 

1ST SESSION H.R. 22 

AMENDMENTS