I 

113TH CONGRESS 

2D SESSION H. R. 4834 

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

and other surface transportation programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2014 

Mr. PETRI (for himself and Ms. NORTON) (both by request): introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure, and in addition to the Committees on Energy and 

Commerce, Ways and Means, Science, Space, and Technology, Natural 

Resources, Oversight and Government Reform, the Budget, and Rules, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To authorize highway infrastructure and safety, transit, 

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

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Generating Renewal, Opportunity, and Work with Accel6 erated Mobility, Efficiency, and Rebuilding of InfrastrucVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
2 

•HR 4834 IH

1 ture and Communities throughout America Act’’ or the 

2 ‘‘GROW AMERICA Act’’. 

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

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 

TITLE I—TRANSPORTATION INFRASTRUCTURE INITIATIVES 

Subtitle A—Increasing Efficiency in Project Delivery 

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

reviews. 

Sec. 1002. Environmental review alignment and reform. 

Sec. 1003. Improving collaboration for accelerated decisionmaking. 

Sec. 1004. Unreasonable obstruction of navigation determination. 

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

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

Sec. 1007. Multimodal categorical exclusions. 

Sec. 1008. Improving transparency in environmental reviews. 

Sec. 1009. Infrastructure permitting improvement center. 

Sec. 1010. Clarification of transportation environmental authorities. 

Sec. 1011. Advance acquisition. 

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

Subtitle B—Freight Policy and Financing 

Sec. 1101. Multimodal freight investment program. 

Sec. 1102. Redesignation of the national network. 

Subtitle C—Planning 

Sec. 1201. Transportation system resilience assessment. 

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

Sec. 1203. Participation of public port authorities. 

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

Sec. 1205. Removal of the congestion management process. 

Sec. 1206. Public involvement in plan development. 

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

measure. 

Sec. 1208. Workforce development. 

Sec. 1209. Measuring transportation connectivity pilot activities. 

Sec. 1210. Performance-based project selection. 

Sec. 1211. Stormwater planning. 

Subtitle D—Congestion Mitigation and Air Quality Improvement 

Sec. 1301. Eligible projects. 

Sec. 1302. Special rules. 

Sec. 1303. Priority consideration. 


dlhill on DSK7TPTVN1PROD with BILLS
3 

•HR 4834 IH

Sec. 1304. Evaluation and assessment of projects. 

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

Subtitle E—Innovative Finance and Tolling 

Sec. 1401. 21st century infrastructure investments. 

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

amendments. 

Sec. 1403. Railroad rehabilitation and improvement financing. 

Sec. 1404. State infrastructure bank program. 

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

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

Sec. 1407. Pay for success. 

TITLE II—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 2001. Authorization of appropriations. 

Sec. 2002. Obligation limitation. 

Sec. 2003. Apportionment. 

Sec. 2004. Federal lands transportation program. 

Sec. 2005. Emergency relief for federally owned roads. 

Sec. 2006. Tribal high priority projects program and tribal transportation program amendments. 

Sec. 2007. Federal lands access program Federal share. 

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

Sec. 2009. Federal lands programmatic activities. 

Sec. 2010. Bridges requiring closure or load restrictions. 

Sec. 2011. Broadband infrastructure deployment. 

Sec. 2012. Critical immediate investments program. 

Sec. 2013. Appalachian development highway system. 

Subtitle B—Performance Management 

Sec. 2101. Performance management data support program. 

Sec. 2102. Performance period adjustment. 

Sec. 2103. Multimodal accommodations. 

Subtitle C—Improved Federal Stewardship 

Sec. 2201. Project approval and oversight. 

Subtitle D—Other 

Sec. 2301. Letting of contracts. 

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

Sec. 2303. Green stormwater infrastructure. 

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

TITLE III—PUBLIC TRANSPORTATION 

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

Sec. 3002. Definitions. 

Sec. 3003. Formula grants for enhanced mobility. 

Sec. 3004. Formula grants for public transportation on Indian reservations. 


dlhill on DSK7TPTVN1PROD with BILLS
4 

•HR 4834 IH

Sec. 3005. Workforce development programs. 

Sec. 3006. General provisions. 

Sec. 3007. Public transportation local hiring. 

Sec. 3008. Public transportation safety program. 

Sec. 3009. Authorizations. 

Sec. 3010. Bus and bus facilities program. 

Sec. 3011. Rapid growth area transit program. 

Sec. 3012. Technical corrections. 

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

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

TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY 

Subtitle A—Traffic Safety 

Sec. 4001. Authorization of appropriations. 

Sec. 4002. Highway safety programs. 

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

Sec. 4004. Amendment to motorcyclist safety grant criteria. 

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

Sec. 4006. Amendment to ignition interlock grant criteria. 

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

Sec. 4008. Amendment to distracted driving grant criteria. 

Sec. 4009. Streamlining of national priority safety programs. 

Sec. 4010. Amendment to highway research and development. 

Subtitle B—Motor Vehicle Safety 

Sec. 4101. Authorization of appropriations. 

Sec. 4102. Recall obligations under bankruptcy. 

Sec. 4103. Prohibition on rendering safety elements inoperative. 

Sec. 4104. Cooperation with foreign governments. 

Sec. 4105. Functional safety process. 

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

Sec. 4107. Amendment to judicial review provisions. 

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

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

Sec. 4110. Civil penalties. 

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

TITLE V—MOTOR CARRIER SAFETY PROGRAM 

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

Subtitle A—Commercial Motor Vehicle Safety 

Sec. 5101. Commercial motor vehicle defined. 

Sec. 5102. Motor carrier operations affecting interstate commerce. 

Sec. 5103. Bus rentals and definition of employer. 

Sec. 5104. High-risk carrier reviews. 

Sec. 5105. New entrant safety audits. 

Sec. 5106. Imminent hazard actions. 

Sec. 5107. International commerce transported on highways through the 

United States. 


dlhill on DSK7TPTVN1PROD with BILLS
5 

•HR 4834 IH

Subtitle B—Driver Safety Provisions 

Sec. 5201. Commercial driver’s license requirements. 

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

Sec. 5203. Recording of Federal disqualifications on CDLIS. 

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

Sec. 5205. Controlled substance violations. 

Subtitle C—Medical and Registration Provisions 

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

Sec. 5302. Jurisdiction over brokers of motor carriers of passengers. 

Sec. 5303. Revocation or suspension of registration. 

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

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

Subtitle D—Grants and Authorizations 

Sec. 5401. FMCSA financial assistance programs. 

Subtitle E—Miscellaneous 

Sec. 5501. Motor carrier safety advisory committee. 

Sec. 5502. Unified carrier registration plan. 

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

Sec. 5504. Electronic logging device recall authority. 

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

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

Sec. 5507. Driver compensation. 

Sec. 5508. Civil enforcement authority. 

Sec. 5509. Criminal penalties. 

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

Sec. 5511. Technical corrections. 

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

Sec. 5513. Administrative adjudication of violations of commercial regulations 

and statutes. 

Sec. 5514. Access to national driver register. 

Sec. 5515. Elimination of certain FMCSA reporting requirements. 

TITLE VI—HAZARDOUS MATERIAL TRANSPORTATION SAFETY 

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

Sec. 6002. Emergency operational controls. 

Sec. 6003. Enhanced registration requirements. 

Sec. 6004. User fees for special permits. 

Sec. 6005. National emergency and disaster response. 

Sec. 6006. Enhanced reporting. 

Sec. 6007. Improving publication of special permits. 

Sec. 6008. Hazard abatement authority. 

Sec. 6009. Inspection of non-domestic entities. 

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

Sec. 6011. Civil penalty. 

Sec. 6012. General duty. 

Sec. 6013. Authorization of appropriations. 

Sec. 6014. Elimination of certain PHMSA reporting requirements. 


dlhill on DSK7TPTVN1PROD with BILLS
6 

•HR 4834 IH

TITLE VII—AMENDMENTS TO THE INTERNAL REVENUE CODE 

Sec. 7001. Amendment of 1986 Code. 

Sec. 7002. Extension of highway-related taxes. 

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

Boating Trust Fund. 

Sec. 7004. Transportation Trust Fund. 

Sec. 7005. Effective date. 

TITLE VIII—RESEARCH 

Subtitle A—Funding 

Sec. 8001. Authorization of appropriations. 

Subtitle B—Research, Technology, and Education 

Sec. 8101. National Cooperative Freight Transportation Research Program. 

Sec. 8102. Competitive University Transportation Centers Consortia Program. 

Sec. 8103. Priority Multimodal Research Program. 

Sec. 8104. Bureau of Transportation Statistics. 

Sec. 8105. ITS goals and purposes. 

Sec. 8106. ITS general authorities and requirements. 

Sec. 8107. ITS national architecture and standards. 

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

Sec. 8109. Infrastructure development. 

Sec. 8110. Departmental research programs; conforming amendments. 

Sec. 8111. Office of Intermodalism. 

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

TITLE IX—RAIL SAFETY, RELIABILITY, AND EFFICIENCY 

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

Subtitle A—National High-Performance Rail System 

Sec. 9101. Purpose and objectives. 

Sec. 9102. Grant programs. 

Sec. 9103. Amtrak 5-year business planning. 

Sec. 9104. Clarification of grant conditions. 

Sec. 9105. Research and development. 

Sec. 9106. Miscellaneous revisions. 

Subtitle B—Policy 

Sec. 9201. Regional rail development authorities. 

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

Sec. 9203. Standardization of passenger equipment and platforms. 

Sec. 9204. Next Generation Equipment Committee. 

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

Sec. 9207. Shared-use study. 

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

Subtitle C—Planning 

Sec. 9301. National and regional rail planning. 


dlhill on DSK7TPTVN1PROD with BILLS
7 

•HR 4834 IH

Sec. 9302. State rail plans. 

Subtitle D—Safety Improvements 

Sec. 9401. Requirement for uniform operating rules. 

Sec. 9402. Positive train control. 

Sec. 9403. Hours of service reform. 

Sec. 9404. Amendments to the safety appliance law. 

Sec. 9405. Amendments to the locomotive inspection law. 

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

Sec. 9407. Noise emission standards. 

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

Sec. 9409. Miscellaneous authorization of appropriations. 

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

Subtitle E—Miscellaneous Revisions and Technical Corrections 

Sec. 9501. Authorization of appropriations. 

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

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

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

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

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

related civil penalty provision. 

Sec. 9506. Elimination of certain FRA reporting requirements. 

TITLE X—MISCELLANEOUS 

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

Sec. 10002. Electronic reports and report modification. 

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

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

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

no cost to the taxpayer. 

TITLE XI—BUDGETARY INTERPRETATIONS AND TREATMENTS 

Sec. 11001. Amounts in this Act. 

Sec. 11002. Direct or mandatory spending. 

Sec. 11003. Treatment for statutory PAYGO and related purposes. 

Sec. 11004. Scoring of changes in contract authority in appropriations Acts. 

Sec. 11005. Scoring of changes in obligation limits in appropriations Acts. 

Sec. 11006. Scoring of transfers between the general fund and the Transportation Trust Fund. 

Sec. 11007. Special rule. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

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

4 means the Department of Transportation. 


dlhill on DSK7TPTVN1PROD with BILLS
8 

•HR 4834 IH

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

2 the Secretary of Transportation. 

3 SEC. 3. EFFECTIVE DATE. 

4 Except as otherwise provided, this Act, and the 

5 amendments made by this Act, shall take effect on Octo6 ber 1, 2014. 

7 TITLE I—TRANSPORTATION 

8 INFRASTRUCTURE INITIATIVES 

9 Subtitle A—Increasing Efficiency 

10 in Project Delivery 

11 SEC. 1001. IMPROVING STATE AND FEDERAL AGENCY EN12 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

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

14 amended by inserting after section 306 the following: 

15 ‘‘SEC. 307. IMPROVING STATE AND FEDERAL AGENCY EN16 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

17 ‘‘(a) IN GENERAL.—A public entity receiving finan18 cial assistance from the Department of Transportation for 

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

20 request that the Secretary allow the public entity to pro21 vide funds to Federal agencies, including the Department 

22 of Transportation, State agencies, and Indian tribes par23 ticipating in the environmental planning and review proc24 ess for the project, projects, or program. The funds may 

25 be provided only to support activities that directly and 


dlhill on DSK7TPTVN1PROD with BILLS
9 

•HR 4834 IH

1 meaningfully contribute to expediting and improving per2 mitting and review processes, including planning, approval 

3 and consultation processes for the project, projects, or pro4 gram. 

5 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activi6 ties for which funds may be provided under subsection (a) 

7 include transportation planning activities that precede the 

8 initiation of the environmental review process, activities 

9 directly related to the environmental review process, dedi10 cated staffing, training of agency personnel, information 

11 gathering and mapping, and development of programmatic 

12 agreements. 

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

14 be approved only for the additional amounts that the Sec15 retary determines are necessary for the Federal agencies, 

16 State agencies, or Indian tribes participating in the envi17 ronmental review process to timely conduct their review. 

18 ‘‘(d) AGREEMENTS.—Prior to providing funds ap19 proved by the Secretary for dedicated staffing at an af20 fected Federal agency under subsection (a), the affected 

21 Federal agency and the requesting public entity shall enter 

22 into an agreement that establishes a process to identify 

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

24 funds. 


dlhill on DSK7TPTVN1PROD with BILLS
10 

•HR 4834 IH

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

2 shall be construed as conflicting with the provisions of sec3 tion 139(j) of title 23.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis of 

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

6 inserting after the item relating to section 306 the fol7 lowing: 

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

8 SEC. 1002. ENVIRONMENTAL REVIEW ALIGNMENT AND RE9 FORM. 

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

11 amended by inserting after section 309 the following: 

12 ‘‘SEC. 310. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. 

13 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON14 MENTAL REVIEWS.—Within one year of the date of enact15 ment of GROW AMERICA Act, the Department of Trans16 portation, in coordination with the Steering Committee, 

17 shall develop a coordinated and concurrent environmental 

18 review and permitting process for transportation projects 

19 when initiating an environmental impact statement under 

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

21 et seq.) (referred to as ‘NEPA’ in this section). This co22 ordinated and concurrent environmental review and per23 mitting process shall— 


dlhill on DSK7TPTVN1PROD with BILLS
11 

•HR 4834 IH

1 ‘‘(1) ensure that the Department of Transpor2 tation and agencies of jurisdiction possess sufficient 

3 information early in the review process to determine 

4 a statement of a transportation project’s purpose 

5 and need and range of alternatives for analysis that 

6 the lead agency and agencies of jurisdiction will rely 

7 upon for concurrent environmental reviews and per8 mitting decisions required for the proposed project; 

9 ‘‘(2) achieve early concurrence or issue resolu10 tion during the NEPA scoping process on the De11 partment of Transportation’s statement of a 

12 project’s purpose and need and during development 

13 of the environmental impact statement on the range 

14 of alternatives for analysis that the lead agency and 

15 agencies of jurisdiction will rely upon for concurrent 

16 environmental reviews and permitting decisions re17 quired for the proposed project absent circumstances 

18 that require reconsideration in order to meet an 

19 agency of jurisdiction’s obligations under statute or 

20 Executive order; and 

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

22 an expedited manner if circumstances arise that re23 quire a reconsideration of the purpose and need or 

24 range of alternatives considered during any Federal 

25 agency’s environmental or permitting review in order 


dlhill on DSK7TPTVN1PROD with BILLS
12 

•HR 4834 IH

1 to meet an agency of jurisdiction’s obligations under 

2 statute or Executive order. 

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

4 and Federal Agencies of jurisdiction likely to have sub5 stantive review or approval responsibilities on transpor6 tation projects shall, within 90 days of the date of enact7 ment of GROW AMERICA Act, jointly develop a checklist 

8 to help project sponsors identify potential natural, cul9 tural, and historic resources in the area of a proposed 

10 project. The purpose of the checklist is to— 

11 ‘‘(1) identify agencies of jurisdiction and co12 operating agencies, 

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

14 purpose and need and alternatives for analysis; and 

15 ‘‘(3) improve interagency collaboration to help 

16 expedite the permitting process for the lead agency 

17 and agencies of jurisdiction. 

18 ‘‘(c) INTERAGENCY COLLABORATION.—Consistent 

19 with Federal environmental statutes and the priority re20 form actions for Federal agency permitting and reviews 

21 defined and identified by the Steering Committee de22 scribed in section 1009, the Secretary shall facilitate an23 nual interagency collaboration sessions at the appropriate 

24 jurisdictional level to coordinate business plans and facili25 tate coordination of workload planning and workforce 


dlhill on DSK7TPTVN1PROD with BILLS
13 

•HR 4834 IH

1 management. This engagement shall also ensure agency 

2 staff is fully engaged and utilizing the flexibility of existing 

3 regulations, policies, and guidance and identifying addi4 tional actions to facilitate high quality, efficient, and tar5 geted environmental reviews and permitting decisions. 

6 These sessions and the interagency collaborations they 

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

8 local transportation entities to improve project planning, 

9 siting, and application quality and how to consult and co10 ordinate with relevant stakeholders and Federal, Tribal, 

11 State, and local representatives early in permitting proc12 esses. 

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

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

15 the Department of Transportation, in coordination with 

16 the Steering Committee, shall establish a program to 

17 measure and report on progress towards aligning Federal 

18 reviews as outlined in this section.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis of 

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

21 is amended by adding at the end the following: 

‘‘310. Aligning Federal environmental reviews’’. 

22 SEC. 1003. IMPROVING COLLABORATION FOR ACCELER23 ATED DECISIONMAKING. 

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

25 amended— 


dlhill on DSK7TPTVN1PROD with BILLS
14 

•HR 4834 IH

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

2 including modifications to the project schedule’’ 

3 after ‘‘review process’’; and 

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

5 and inserting the following: 

6 ‘‘(ii) DESCRIPTION OF DATE.—The 

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

8 following: 

9 ‘‘(I) The date that is 30 days 

10 after the date for rendering a decision 

11 as set in the project schedule created 

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

13 this section. 

14 ‘‘(II) If no schedule exists, the 

15 later of— 

16 ‘‘(aa) the date that is 180 

17 days after the date on which an 

18 application for the permit, license 

19 or approval is complete; or 

20 ‘‘(bb) the date that is 180 

21 days after the date on which the 

22 Federal lead agency issues a de23 cision on the project under the 

24 National Environmental Policy 


dlhill on DSK7TPTVN1PROD with BILLS
15 

•HR 4834 IH

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

2 seq.). 

3 ‘‘(III) A modified date consistent 

4 with subsection (g)(1)(D) of this sec5 tion.’’. 

6 SEC. 1004. UNREASONABLE OBSTRUCTION OF NAVIGATION 

7 DETERMINATION. 

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

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

10 (1) by designating the existing text as sub11 section (a); and 

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

13 ‘‘(b) When determining whether a bridge unreason14 ably obstructs the free navigation of the waters over which 

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

16 funded under title 23 or title 49, United States Code, con17 sider— 

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

19 and highway traffic; and 

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

21 costs of the proposed bridge.’’. 

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

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

24 amended by inserting at the end the following: 


dlhill on DSK7TPTVN1PROD with BILLS
16 

•HR 4834 IH

1 ‘‘(d) UNREASONABLE OBSTRUCTION OF NAVIGATION

2 DETERMINATION.—When determining whether a bridge 

3 unreasonably obstructs the free navigation of the waters 

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

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

6 States Code, consider— 

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

8 and highway traffic; and 

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

10 costs of the proposed bridge.’’. 

11 SEC. 1005. SATISFACTION OF REQUIREMENTS FOR CER12 TAIN HISTORIC SITES. 

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

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

15 following: 

16 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER17 TAIN HISTORIC SITES.— 

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

19 align the requirements of this section with the re20 quirements of the National Environmental Policy 

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

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

23 470f) (referred to as section 106 in this section), 

24 and their implementing regulations and will coordi25 nate with the Department of the Interior and the 


dlhill on DSK7TPTVN1PROD with BILLS
17 

•HR 4834 IH

1 Advisory Council on Historic Preservation to estab2 lish procedures that will satisfy the requirements of 

3 both within 90 days of enactment of GROW AMER4 ICA Act. 

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

6 in an analysis required under NEPA the Secretary 

7 determines that there is no feasible or prudent alter8 native to avoid a use of an historic site, the Sec9 retary may include the Secretary’s determination in 

10 the NEPA analysis and notify the applicable State 

11 historic preservation officer, tribal historic preserva12 tion officer, the Advisory Council on Historic Preser13 vation (if the Council is participating in the section 

14 106 consultation process), and the Secretary of the 

15 Interior of such findings and request concurrence 

16 that such determination is sufficient to satisfy 

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

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

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

20 Secretary’s Record of Decision or Finding of No 

21 Significant Impact shall include such a finding, as 

22 well as documentation of the concurrence of the ap23 plicable preservation officer, the Council, and the 

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

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


dlhill on DSK7TPTVN1PROD with BILLS
18 

•HR 4834 IH

1 concurrence of the applicable preservation officer, 

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

3 posted on an appropriate Federal website within 3 

4 days of their occurrence. 

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

6 Secretary, the applicable preservation officer, the 

7 Council, and the Secretary of the Interior concur 

8 that no feasible and prudent alternative exists as de9 scribed in (2), the Secretary may then notify the ap10 plicable preservation officer, the Secretary of the In11 terior, and the Advisory Council on Historic Preser12 vation of the Department’s intent to satisfy the con13 ditions of (a)(2) through the consultation require14 ments of section 106. The applicable preservation of15 ficer, the Council, and the Secretary of the Interior 

16 must concur in the treatment of the historic site 

17 agreed upon in the Memorandum of Agreement or 

18 Programmatic Agreement developed in accordance 

19 with section 106 in order to satisfy the conditions of 

20 (a)(2).’’. 

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

22 United States Code, is amended— 

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

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

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


dlhill on DSK7TPTVN1PROD with BILLS
19 

•HR 4834 IH

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

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

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

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

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

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

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

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

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

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

16 in an analysis required under NEPA the Secretary 

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

20 the NEPA analysis and notify the applicable State 

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

24 106 consultation process), and the Secretary of the 

25 Interior of such findings and request concurrence 


dlhill on DSK7TPTVN1PROD with BILLS
20 

•HR 4834 IH

1 that such determination is sufficient to satisfy 

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

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

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

5 Secretary’s Record of Decision or Finding of No 

6 Significant Impact shall include such a finding, as 

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

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

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

11 concurrence of the applicable preservation officer, 

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

13 posted on an appropriate Federal website within 3 

14 days of their occurrence. 

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

16 Secretary, the applicable preservation officer, the 

17 Council, and the Secretary of the Interior concur 

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


dlhill on DSK7TPTVN1PROD with BILLS
21 

•HR 4834 IH

1 must concur in the treatment of the historic site 

2 agreed upon in the Memorandum of Agreement or 

3 Programmatic Agreement developed in accordance 

4 with section 106 in order to satisfy the conditions of 

5 (a)(2).’’. 

6 SEC. 1006. RAIL AND TRANSIT EXEMPTION FROM CONSID7 ERATION UNDER SECTION 4(f). 

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

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

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

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

12 maintenance, rehabilitation, or operation of railroad or rail 

13 transit lines or elements thereof, with the exception of sta14 tions, that are in-use or were historically used for trans15 portation of goods or passengers, shall not be considered 

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

17 of whether the railroad or rail transit line or element 

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

19 Register of Historic Places.’’. 

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

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

22 amended— 

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

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

25 (f)’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
22 

•HR 4834 IH

1 (2) by inserting the following after subsection 

2 (e): 

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

4 maintenance, rehabilitation, or operation of railroad or rail 

5 transit lines or elements thereof, with the exception of sta6 tions, that are in-use or were historically used for trans7 portation of goods or passengers, shall not be considered 

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

9 of whether the railroad or rail transit line or element 

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

11 Register of Historic Places.’’. 

12 SEC. 1007. MULTIMODAL CATEGORICAL EXCLUSIONS. 

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

14 amended as follows: 

15 (1) Subsection (a)(1) is amended— 

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

17 inserting ‘‘operating administration or secre18 tarial office’’; 

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

20 ‘‘is not the lead’’; and 

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

22 before ‘‘project’’. 

23 (2) Subsection (a)(2) is amended to read as fol24 lows: 


dlhill on DSK7TPTVN1PROD with BILLS
23 

•HR 4834 IH

1 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au2 thority’ means a Department of Transportation op3 erating administration or secretarial office that has 

4 the lead responsibility for a proposed multimodal 

5 project.’’. 

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

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

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

9 Department of Transportation that involves exper10 tise of one or more Department of Transportation 

11 operating administrations or secretarial offices’’. 

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

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

14 (5) Subsection (c) is amended— 

15 (A) by striking ‘‘a categorical exclusion 

16 designated under the implementing regulations 

17 or’’ and inserting ‘‘categorical exclusions des18 ignated under the National Environmental Pol19 icy Act of 1969 (42 U.S.C. 4321, et seq.) im20 plementing’’; 

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

22 and inserting ‘‘a proposed multimodal’’; 

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

24 to read as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
24 

•HR 4834 IH

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 

5 cooperating authority categorical exclusion; 

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

7 to the lead authority’s preliminary determination of 

8 its applicability;’’; 

9 (D) by amending paragraph (3) by insert10 ing ‘‘the lead authority determines that’’ at the 

11 beginning, and ‘‘ proposed multimodal’’ before 

12 ‘‘project to be covered’’; and 

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

14 follows: 

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

16 the cooperating authority— 

17 ‘‘(A) follows implementing regulations or 

18 procedures under the National Environmental 

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

20 ‘‘(B) determines that the proposed 

21 multimodal project does not individually or cu22 mulatively have a significant impact on the en23 vironment; and 

24 ‘‘(C) determines that extraordinary cir25 cumstances do not exist that merit additional 


dlhill on DSK7TPTVN1PROD with BILLS
25 

•HR 4834 IH

1 analysis and documentation in an environ2 mental impact statement or environmental as3 sessment required under the National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et 

5 seq.).’’. 

6 (7) Subsection (d) is amended to read as fol7 lows: 

8 ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co9 operating authority shall provide expertise to the lead au10 thority on aspects of the multimodal project in which the 

11 cooperating authority has expertise.’’. 

12 SEC. 1008. IMPROVING TRANSPARENCY IN ENVIRON13 MENTAL REVIEWS. 

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

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

16 Act, the following: 

17 ‘‘SEC. 311. IMPROVING TRANSPARENCY IN ENVIRON18 MENTAL REVIEWS. 

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

20 date of enactment of GROW AMERICA Act, the Sec21 retary shall establish an online platform and, in coordina22 tion with agencies described in subsection (b), issue re23 porting standards to make publically available the status 

24 and progress with respect to compliance with applicable 

25 requirements under the National Environmental Policy 


dlhill on DSK7TPTVN1PROD with BILLS
26 

•HR 4834 IH

1 Act of 1969 (42 U.S. C. 4321 et seq.) and any other Fed2 eral approval required under applicable laws for projects 

3 and activities requiring an environmental assessment or 

4 an environmental impact statement. 

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

6 agency of jurisdiction over an approval required for a 

7 project under applicable laws shall provide information re8 garding the status and progress of the approval to the on9 line platform, consistent with the standards established 

10 under subsection (a). 

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

12 with assigned authority for responsibilities under the Na13 tional Environmental Policy Act of 1969 (42 U.S. C. 4321 

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

15 States Code, shall be responsible for supplying project de16 velopment and compliance status for all applicable 

17 projects.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis of 

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

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

21 by this Act, the following: 

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


dlhill on DSK7TPTVN1PROD with BILLS
27 

•HR 4834 IH

1 SEC. 1009. INFRASTRUCTURE PERMITTING IMPROVEMENT 

2 CENTER. 

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

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

5 Act, the following: 

6 ‘‘SEC. 312. INTERAGENCY INFRASTRUCTURE PERMITTING 

7 IMPROVEMENT CENTER. 

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

9 of the Secretary an Interagency Infrastructure Permitting 

10 Improvement Center (referred to in this section as the 

11 ‘Center’). 

12 ‘‘(b) ROLES AND RESPONSIBILITIES.— 

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

14 the chair of the Steering Committee described in 

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

16 member agencies are represented. 

17 ‘‘(2) INFRASTRUCTURE PERMITTING STEERING

18 COMMITTEE.—An Infrastructure Permitting Steer19 ing Committee is established to oversee the work of 

20 the Center. The Steering Committee shall be chaired 

21 by the Federal Chief Performance Officer in con22 sultation with the Chair of the Council on Environ23 mental Quality and shall be comprised of Deputy24 level representatives from the following agencies: 

25 ‘‘(A) The Department of Defense. 

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


dlhill on DSK7TPTVN1PROD with BILLS
28 

•HR 4834 IH

1 ‘‘(C) The Department of Agriculture. 

2 ‘‘(D) The Department of Commerce. 

3 ‘‘(E) The Department of Transportation. 

4 ‘‘(F) The Department of Energy. 

5 ‘‘(G) The Department of Homeland Secu6 rity. 

7 ‘‘(H) The Environmental Protection Agen8 cy. 

9 ‘‘(I) The Advisory Council on Historic 

10 Preservation. 

11 ‘‘(J) The Department of the Army. 

12 ‘‘(K) The Department of Housing and 

13 Urban Development. 

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

15 participate. 

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

17 Chair of the Steering Committee described in para18 graph (2) and undertake the following: 

19 ‘‘(A) Coordinate and support implementa20 tion of priority reform actions for Federal agen21 cy permitting and reviews for areas as defined 

22 and identified by the Steering Committee de23 scribed in paragraph (2). 

24 ‘‘(B) Support modernization efforts at 

25 agencies and interagency pilots for innovative 


dlhill on DSK7TPTVN1PROD with BILLS
29 

•HR 4834 IH

1 approaches to the permitting and review of in2 frastructure projects. 

3 ‘‘(C) Provide technical assistance and 

4 training to field and headquarters staff of Fed5 eral agencies on policy changes, innovative ap6 proaches to project delivery and other topics as 

7 appropriate. 

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

9 for timeliness of permit reviews, permit deci10 sions, and project outcomes. 

11 ‘‘(E) Administer and expand the use of on12 line transparency tools providing for— 

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

14 ‘‘(ii) development and posting of 

15 schedules for permit reviews and permit 

16 decisions; and 

17 ‘‘(iii) sharing of best practices related 

18 to efficient project permitting and reviews. 

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

20 progress towards achieving greater efficiency in 

21 permitting decisions and review of infrastruc22 ture projects and progress towards achieving 

23 better outcomes for communities and the envi24 ronment. 


dlhill on DSK7TPTVN1PROD with BILLS
30 

•HR 4834 IH

1 ‘‘(4) INFRASTRUCTURE SECTORS COVERED.— 

2 The Center shall support process improvements in 

3 the permitting and review of projects in the fol4 lowing sectors: 

5 ‘‘(A) Surface transportation. 

6 ‘‘(B) Aviation. 

7 ‘‘(C) Ports and waterways. 

8 ‘‘(D) Water resource projects. 

9 ‘‘(E) Renewable energy generation. 

10 ‘‘(F) Electricity transmission. 

11 ‘‘(G) Broadband. 

12 ‘‘(H) Pipelines. 

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

14 Steering Committee described in subparagraph 

15 (2).’’. 

16 (b) CONFORMING AMENDMENT.—The analysis of 

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

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

19 by this Act, the following: 

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

20 SEC. 1010. CLARIFICATION OF TRANSPORTATION ENVIRON21 MENTAL AUTHORITIES. 

22 (a) TITLE 49 REFERENCE TO SECTION 4(f).—Sec23 tion 303 of title 49, United States Code, as amended by 

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

25 at the end the following: 


dlhill on DSK7TPTVN1PROD with BILLS
31 

•HR 4834 IH

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

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

3 Code’.’’. 

4 (b) TITLE 23 REFERENCE TO SECTION 4(f).—Sec5 tion 138 of title 23, United States Code, as amended by 

6 this Act, is further amended by adding at the end the fol7 lowing: 

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

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

10 Code.’’. 

11 (c) RELOCATION AND CLARIFICATION OF SECTION

12 1319 OF MAP–21.— 

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

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

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

16 repealed. 

17 (2) ACCELERATED DECISIONMAKING IN ENVI18 RONMENTAL REVIEWS.—Chapter 3 of title 49, 

19 United States Code, is amended by inserting after 

20 section 304 the following: 

21 ‘‘SEC. 304a. ACCELERATED DECISIONMAKING IN ENVIRON22 MENTAL REVIEWS. 

23 ‘‘(a) IN GENERAL.—In preparing a final environ24 mental impact statement under the National Environ25 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 


dlhill on DSK7TPTVN1PROD with BILLS
32 

•HR 4834 IH

1 the Department of Transportation, when acting as lead 

2 agency, modifies the statement in response to comments 

3 that are minor and are confined to factual corrections or 

4 explanations of why the comments do not warrant addi5 tional Departmental response, the Department may write 

6 on errata sheets attached to the statement instead of re7 writing the draft statement, subject to the condition that 

8 the errata sheets— 

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

10 that support the position of the Department; and 

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

12 that would trigger Departmental reappraisal or fur13 ther response. 

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

15 practicable, the Department shall expeditiously develop a 

16 single document that consists of a final environmental im17 pact statement and a record of decision, unless— 

18 ‘‘(1) the final environmental impact statement 

19 makes substantial changes to the proposed action 

20 that are relevant to environmental or safety con21 cerns; or 

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

23 information relevant to environmental concerns and 

24 that bear on the proposed action or the impacts of 

25 the proposed action.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
33 

•HR 4834 IH

1 (d) CONFORMING AMENDMENT.—The analysis of 

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

3 inserting the following after the item relating to section 

4 304: 

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

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

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

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

8 SEC. 1011. ADVANCE ACQUISITION. 

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

10 49, United States Code, is amended by inserting the fol11 lowing after section 24105: 

12 ‘‘SEC. 24106. ADVANCE ACQUISITION. 

13 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec14 retary may assist a recipient of funding in acquiring right15 of-way and adjacent real property interests before or dur16 ing the completion of the environmental reviews for any 

17 project receiving funding under subtitle V of title 49, 

18 United States Code, that may use such property interests 

19 if the acquisition is otherwise permitted under Federal 

20 law, and the recipient requesting Federal funding for the 

21 acquisition certifies, with the concurrence of the Secretary, 

22 that— 

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

24 real property interest; 


dlhill on DSK7TPTVN1PROD with BILLS
34 

•HR 4834 IH

1 ‘‘(2) the acquisition of the real property inter2 est— 

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

4 ‘‘(B) will not cause significant adverse en5 vironmental impact; 

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

7 alternatives for the proposed project or other8 wise influence the decision of the Secretary on 

9 any approval required for the project; 

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

11 from making an impartial decision as to wheth12 er to accept an alternative that is being consid13 ered; 

14 ‘‘(E) complies with other applicable Fed15 eral laws and regulations; 

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

17 without threat of condemnation; and 

18 ‘‘(G) will not result in elimination or re19 duction of benefits or assistance to a displaced 

20 person required by the Uniform Relocation As21 sistance and Real Property Acquisition Policies 

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

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

24 2000d et seq.). 

25 ‘‘(b) ENVIRONMENTAL REVIEWS.— 


dlhill on DSK7TPTVN1PROD with BILLS
35 

•HR 4834 IH

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

2 authorizing Federal funding for an acquisition of a 

3 real property interest, the Secretary shall complete 

4 the review process under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

6 with respect to the acquisition. 

7 ‘‘(2) COMPLETION OF SECTION 106.—An acqui8 sition of a real property interest involving an historic 

9 site shall not occur unless the section 106 process 

10 under the National Historic Preservation Act (16 

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

12 is complete. 

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

14 interest acquired under subsection (a) may not be 

15 developed in anticipation of the proposed project 

16 until all required environmental reviews for the 

17 project have been completed.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis of 

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

20 by inserting the following after the item relating to section 

21 24105: 

‘‘24106. Advance acquisition.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
36 

•HR 4834 IH

1 SEC. 1012. BRIDGE EXEMPTION FROM CONSIDERATION 

2 UNDER SECTION 4(f). 

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

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

5 amended by adding at the end the following: 

6 ‘‘(e) BRIDGE EXEMPTION FROM CONSIDERATION

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

8 steel bridge or culvert that is exempt from individual re9 view under section 106 of the National Historic Preserva10 tion Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 

11 68790) shall also be exempt from consideration under this 

12 section.’’. 

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

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

15 amended by adding at the end the following: 

16 ‘‘(g) BRIDGE EXEMPTION FROM CONSIDERATION

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

18 steel bridge or culvert that is exempt from individual re19 view under section 106 of the National Historic Preserva20 tion Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 

21 68790) shall also be exempt from consideration under this 

22 section.’’. 

23 Subtitle B—Freight Policy and 

24 Financing 

25 SEC. 1101. MULTIMODAL FREIGHT INVESTMENT PROGRAM. 

26 (a) MULTIMODAL FREIGHT INCENTIVE PROGRAM.— 


dlhill on DSK7TPTVN1PROD with BILLS
37 

•HR 4834 IH

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

2 Code, is amended by adding after Chapter 53 the 

3 following: 

4 ‘‘CHAPTER 54—FREIGHT 

5 ‘‘§ 5401. Multimodal freight incentive program 

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

7 this section, the Secretary shall— 

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

9 States to improve the efficiency and reliability of 

10 freight movement in the United States; 

11 ‘‘(2) under subsection (c), calculate the max12 imum amount of funding that the Secretary may al13 locate to a State under this section for a fiscal year; 

14 and 

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

16 one or more grants for which the State qualifies in 

17 such fiscal year, based on the criteria specified in 

18 such subsection. 

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

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

21 Puerto Rico. 

22 ‘‘(c) CALCULATION.— 

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

24 calculate the amount of funding available to be alloVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
38 

•HR 4834 IH

1 cated to a State under this section for a fiscal year 

2 as follows— 

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

4 multimodal freight incentive grants under this 

5 section for such fiscal year; multiplied by 

6 ‘‘(B) the overall ratio specified in para7 graph (3). 

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

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

10 shall not be less than 0.5 percent of the amount 

11 made available to provide multimodal freight incen12 tive grants under this section for such fiscal year. 

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

14 Secretary shall determine the overall ratio referenced 

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

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

17 ‘‘(i) the number of ports in each 

18 State; bears to 

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

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

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

22 used for the movement of freight in each 

23 State; bears to 

24 ‘‘(ii) the number of such rail track25 miles in all States. 


dlhill on DSK7TPTVN1PROD with BILLS
39 

•HR 4834 IH

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

2 ‘‘(i) the number of cargo-handling air3 ports in each State; bears to 

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

5 all States. 

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

7 ‘‘(i) the number of Interstate system 

8 miles in each State; bears to 

9 ‘‘(ii) the number of Interstate system 

10 miles in all States. 

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

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

13 highway, airport and pipeline freight 

14 moved in each State; bears to 

15 ‘‘(ii) the tonnage of such freight 

16 moved in all States. 

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

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

19 highway, airport and pipeline freight 

20 moved in each State; bears to 

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

22 in all States. 

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

24 this section for— 


dlhill on DSK7TPTVN1PROD with BILLS
40 

•HR 4834 IH

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

2 or regional freight plans; or 

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

4 equipment or operational improvements on roads, 

5 rails, landside infrastructure on ports and airports, 

6 and intermodal connectors included in a State 

7 freight plan under section 5404 of this title for 

8 projects that— 

9 ‘‘(A) maintain or improve the efficiency 

10 and reliability of freight supply chains; 

11 ‘‘(B) demonstrate public freight benefits; 

12 ‘‘(C) improve modal components of a 

13 multimodal corridor that is critical to a State or 

14 region; 

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

16 regionally or nationally significant economic de17 velopment issue; 

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

19 or corridor-based and address freight needs; 

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

21 congestion, or safety issues; or 

22 ‘‘(G) address first and last mile connec23 tors. 

24 ‘‘(e) GRANTS.— 


dlhill on DSK7TPTVN1PROD with BILLS
41 

•HR 4834 IH

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

2 State meets the eligibility criteria specified in para3 graph (2) or (3) the Secretary shall allocate to the 

4 State in such fiscal year a grant under such para5 graph. The determination of whether a State meets 

6 such eligibility criteria shall be made by the Sec7 retary. 

8 ‘‘(2) TIER I INCENTIVE GRANT.— 

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

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

11 criteria specified in subparagraph (B) during a 

12 fiscal year, the Secretary shall allocate to the 

13 State in such fiscal year 40 percent of the 

14 amount of the funds available to be allocated to 

15 the State in such fiscal year. 

16 ‘‘(B) ELIGIBILITY CRITERIA.—The Sec17 retary may allocate funding to a State under 

18 this paragraph in a fiscal year if the State— 

19 ‘‘(i) has an established freight advi20 sory committee in accordance with section 

21 5403 of this title; 

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

23 accordance with section 5404 of this title; 

24 ‘‘(iii) has conducted a statewide anal25 ysis of freight needs and bottlenecks on all 


dlhill on DSK7TPTVN1PROD with BILLS
42 

•HR 4834 IH

1 modes of transportation, including inter2 modal and last mile needs; 

3 ‘‘(iv) demonstrates use of the state4 wide analysis of freight needs in 

5 prioritizing projects in the freight plan re6 quired by section 5404 of this title; and 

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

8 funding that it is allocated under this 

9 paragraph for the highest priority projects 

10 that are identified in the freight plan re11 quired by section 5404 of this title and are 

12 ready to be advanced. 

13 ‘‘(3) TIER II INCENTIVE GRANT.— 

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

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

16 criteria specified in subparagraph (B) during a 

17 fiscal year, the Secretary shall allocate to the 

18 State in such fiscal year 60 percent of the 

19 amount of the funds available to be allocated to 

20 the State in such fiscal year. 

21 ‘‘(B) ELIGIBILITY CRITERIA.—The Sec22 retary may allocate funding to a State under 

23 this paragraph in a fiscal year if the State— 

24 ‘‘(i) has met the eligibility criteria 

25 specified in paragraph (2)(B); 


dlhill on DSK7TPTVN1PROD with BILLS
43 

•HR 4834 IH

1 ‘‘(ii) has conducted, in cooperation 

2 with at least one other State, a multistate 

3 analysis of freight needs and bottlenecks 

4 on all modes of transportation, including 

5 intermodal and last mile needs along a 

6 multistate freight corridor; 

7 ‘‘(iii) has developed, in cooperation 

8 with at least one other State or relevant 

9 entities in Canada or Mexico, a regional 

10 freight investment plan that focuses on the 

11 end-to-end investment needs of critical 

12 multistate freight corridors based on the 

13 multistate analysis of freight needs and 

14 bottlenecks on all modes of transportation, 

15 including intermodal and last mile needs; 

16 and 

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

18 funding that it is allocated under this 

19 paragraph for the highest priority projects 

20 identified in the regional freight plan. 

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

22 ‘‘(A) APPROVAL.—A State shall dem23 onstrate that it developed the analyses and 

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


dlhill on DSK7TPTVN1PROD with BILLS
44 

•HR 4834 IH

1 with the approval of a State Freight Advisory 

2 Committee. 

3 ‘‘(B) CERTIFICATION.—The determination 

4 of whether the analyses and plans required to 

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

6 the requirements of the paragraphs shall be at 

7 the discretion of the Secretary. 

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

9 plans required under paragraph (3) shall ad10 dress a 10-year and 20-year forecast period. 

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

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

13 shall update all analyses and plans required 

14 under such paragraph at least every 5 years. 

15 ‘‘(f) TRANSFER AUTHORITY.— 

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

17 purpose of administering a grant under this sub18 section, funds authorized for this section may be 

19 transferred within the Department and administered 

20 in accordance with the requirements of title 23 or 49 

21 of the United States Code applicable to the agency 

22 to which the funds are transferred and any other re23 quirements applicable to the project. 

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

25 authorized for this section may not be transferred to 


dlhill on DSK7TPTVN1PROD with BILLS
45 

•HR 4834 IH

1 any other program under titles 23 or 49, United 

2 States Code. 

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

4 projects funded under this section shall not exceed 80 per5 cent. Funds authorized for this section may not be applied 

6 towards the non-Federal share of costs under another 

7 Federal program. 

8 ‘‘(h) TREATMENT FOR OBLIGATION LIMITATION DIS9 TRIBUTION.—For purposes of distributing obligation limi10 tation in any fiscal year, the Secretary shall provide funds 

11 made available for this section with obligation limitation 

12 as follows: 

13 ‘‘(1) The Secretary shall provide funds author14 ized for that fiscal year with obligation limitation 

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

16 Act or the equivalent provision of the relevant appro17 priations act for a fiscal year, as appropriate. 

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

19 over from prior fiscal years with obligation limitation 

20 under section 2002(c)(2) of such Act or the equiva21 lent provision of the relevant appropriations act for 

22 a fiscal year, as appropriate.’’. 

23 (2) FUNDING.— 

24 (A) AUTHORIZATION.—There is authorized 

25 to be appropriated from the highway account of 


dlhill on DSK7TPTVN1PROD with BILLS
46 

•HR 4834 IH

1 the transportation trust fund to carry out sec2 tion 5401 of title 49, United States Code— 

3 (i) $500,000,000 for fiscal year 2015; 

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

5 2016; 

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

7 2017; and 

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

9 2018. 

10 (B) AVAILABILITY AND ADMINISTRA11 TION.—The funds authorized by subparagraph 

12 (A) shall be— 

13 (i) available for obligation on October 

14 1 of the fiscal year for which they are au15 thorized; 

16 (ii) available for obligation until ex17 pended; and 

18 (iii) administered as if such funds 

19 were apportioned under chapter 1 of title 

20 23, United States Code. 

21 (C) TRANSFER TO NATIONAL FREIGHT IN22 FRASTRUCTURE PROGRAM.—Notwithstanding 

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

24 Code, as soon as practicable after October 1, 

25 2016, and each fiscal year thereafter, the SecVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
47 

•HR 4834 IH

1 retary shall transfer to the National Freight In2 frastructure program under section 5402 of 

3 such title— 

4 (i) of the funds authorized under sub5 paragraph (A) to carry out section 5401 of 

6 such title, any funds that— 

7 (I) were available to be allocated 

8 to a State for the prior fiscal year 

9 under subsection (c) of such section; 

10 but 

11 (II) the Secretary did not allo12 cate to that State for that prior fiscal 

13 year due to that State not meeting 

14 the eligibility criteria specified under 

15 subsection (e)(2) or (e)(3) of such sec16 tion; and 

17 (ii) an amount of obligation limitation 

18 equal to the amount of funds that the Sec19 retary transfers under clause (i). 

20 (b) NATIONAL FREIGHT INFRASTRUCTURE PRO21 GRAM.— 

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

23 is amended by adding at the end the following: 


dlhill on DSK7TPTVN1PROD with BILLS
48 

•HR 4834 IH

1 ‘‘§ 5402. National freight infrastructure program 

2 ‘‘(a) GENERAL.—The Secretary shall establish and 

3 implement a National Freight Infrastructure Program 

4 under this section. 

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

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

7 ‘‘(2) improve the safety of freight transpor8 tation; 

9 ‘‘(3) relieve bottlenecks in the freight transpor10 tation system; 

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

12 freight transportation system; and 

13 ‘‘(5) reduce the adverse environmental and 

14 community impacts of freight transportation. 

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

16 definitions apply: 

17 ‘‘(1) ELIGIBLE APPLICANT.— 

18 ‘‘(A) IN GENERAL.—The term ‘eligible ap19 plicant’ means— 

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

21 101(a)(25) of title 23); 

22 ‘‘(ii) American Samoa, the Common23 wealth of the Northern Mariana Islands, 

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

25 ‘‘(iii) a local government; 


dlhill on DSK7TPTVN1PROD with BILLS
49 

•HR 4834 IH

1 ‘‘(iv) a metropolitan planning organi2 zation; 

3 ‘‘(v) a public transportation authority 

4 (including a port authority); 

5 ‘‘(vi) a tribal government; or 

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

7 clauses (i) through (vi). 

8 ‘‘(B) GROUPS OF ENTITIES.—A group de9 scribed in clause (vii) of subparagraph (A) shall 

10 submit an application through a lead applicant 

11 that qualifies under one of the clauses (i) 

12 through (vi) of that subparagraph. Public-pri13 vate partnerships are eligible provided the lead 

14 applicant qualifies under one of the clauses (i) 

15 through (vi) of subparagraph (A). 

16 ‘‘(2) ELIGIBLE PROJECT.— 

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

18 project’ means a capital investment for a trans19 portation infrastructure facility, or for an oper20 ational improvement or equipment for such a 

21 facility— 

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

23 used for the movement of freight, and that 

24 is— 


dlhill on DSK7TPTVN1PROD with BILLS
50 

•HR 4834 IH

1 ‘‘(I) a road, rail, air, water, or 

2 pipeline facility; 

3 ‘‘(II) an intermodal facility such 

4 as a seaport or port on the inland wa5 terway system, an airport, or a high6 way/rail intermodal facility; or 

7 ‘‘(III) a facility related to an 

8 international border crossing; 

9 ‘‘(ii) that the Secretary has deter10 mined will help to achieve the goals set out 

11 in subsection (b); 

12 ‘‘(iii) for which funding committed by 

13 State and local governments and other 

14 public and private partners, along with the 

15 Federal funding requested, will be suffi16 cient to complete the capital investment; 

17 and 

18 ‘‘(iv) that upon completion will have 

19 independent utility. 

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

21 ‘eligible project’ includes the development of 

22 plans and analysis required by this chapter. 

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

24 receive a grant under this section for an eligible project 

25 shall submit to the Secretary an application in such form 


dlhill on DSK7TPTVN1PROD with BILLS
51 

•HR 4834 IH

1 and in accordance with such requirements as the Secretary 

2 shall establish. 

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

4 select projects for funding based on the criteria specified 

5 in subsection (f). 

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

7 select eligible projects for funding based on the following 

8 criteria: 

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

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

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

12 to its costs. 

13 ‘‘(3) The extent to which the project dem14 onstrates the use of innovative technology, strate15 gies, and practices. 

16 ‘‘(4) The likely effect of the project on increas17 ing U.S. exports. 

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

19 National Freight Strategic Plan under section 5405 

20 of this title. 

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

22 plan required under section 5404 of this title. 

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

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


dlhill on DSK7TPTVN1PROD with BILLS
52 

•HR 4834 IH

1 private funds to the Federal funding requested 

2 under this section. 

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

4 are not available from other sources. 

5 ‘‘(g) RETROSPECTIVE ANALYSIS.— 

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

7 under this section between the Government and a 

8 grantee shall specify that the grantee will collect 

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

10 Secretary shall specify, on— 

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

12 project; 

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

14 project and put it into service; 

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

16 or improved by the project; 

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

18 in a way that is consistent with the benefits 

19 that were estimated in the application for fund20 ing that was submitted to the Secretary; and 

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

22 in addition to the costs of constructing the 

23 project. 

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

25 determine such other terms and conditions, other than 


dlhill on DSK7TPTVN1PROD with BILLS
53 

•HR 4834 IH

1 those listed in this section, as are necessary and appro2 priate to implement this section. 

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

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

5 up to one-half of 1 percent of the amounts author6 ized for each fiscal year under this section for— 

7 ‘‘(A) administration of the National 

8 Freight Infrastructure Program under this sec9 tion; and 

10 ‘‘(B) oversight of projects funded under 

11 this section. 

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

13 may transfer portions of the funds retained under 

14 this subsection to the Administrators of the Federal 

15 Highway Administration, the Federal Railroad Ad16 ministration, the Federal Aviation Administration, 

17 and the Federal Maritime Administration to carry 

18 out the administration and oversight of grants made 

19 under this section. 

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

21 projects funded under this section shall not exceed 80 per22 cent. 

23 ‘‘(k) ADMINISTRATION OF PROJECTS.—For the pur24 pose of administering a grant under this section, funds 

25 authorized for this section may be transferred within the 


dlhill on DSK7TPTVN1PROD with BILLS
54 

•HR 4834 IH

1 Department and administered in accordance with the re2 quirements of title 23 or 49 of the United States Code 

3 applicable to the agency to which the funds are transferred 

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

5 (2) FUNDING.— 

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

7 be appropriated from the highway account of 

8 the transportation trust fund to carry out this 

9 section— 

10 (i) $500,000,000 for fiscal year 2015; 

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

12 2016; 

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

14 2017; and 

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

16 2018. 

17 (B) ADMINISTRATION OF FUNDS.—The 

18 funds authorized by subparagraph (A) shall 

19 be— 

20 (i) available for obligation on October 

21 1 of the fiscal year for which they are au22 thorized; and 

23 (ii) available for obligation until ex24 pended. 


dlhill on DSK7TPTVN1PROD with BILLS
55 

•HR 4834 IH

1 (c) STATE FREIGHT ADVISORY COMMITTEE.—Chap2 ter 54 of such title is amended by adding at the end the 

3 following: 

4 ‘‘§ 5403. State freight advisory committees 

5 ‘‘(a) IN GENERAL.— 

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

7 State that receives a grant under this chapter shall 

8 establish and maintain a freight advisory committee 

9 consistent with criteria established by the Secretary 

10 and consisting of a representative cross-section of 

11 public and private sector freight stakeholders, in12 cluding— 

13 ‘‘(A) all modes of freight transportation 

14 active in the State, including airports, high15 ways, ports, and rail; 

16 ‘‘(B) shippers; 

17 ‘‘(C) carriers; 

18 ‘‘(D) freight-related associations: 

19 ‘‘(E) the freight industry workforce; 

20 ‘‘(F) the transportation department of the 

21 State; 

22 ‘‘(G) metropolitan planning organizations; 

23 and 

24 ‘‘(H) local governments. 


dlhill on DSK7TPTVN1PROD with BILLS
56 

•HR 4834 IH

1 ‘‘(2) QUALIFICATIONS.—Individuals selected 

2 under paragraph (1) must be widely recognized to 

3 have qualifications sufficient to represent the inter4 ests of their specific stakeholder group, including— 

5 ‘‘(A) general business and financial experi6 ence; 

7 ‘‘(B) experience or qualifications in the 

8 areas freight transportation and logistics; 

9 ‘‘(C) experience in transportation planning; 

10 ‘‘(D) representing employees of the freight 

11 industry; or 

12 ‘‘(E) representing State or local govern13 ments, or metropolitan planning organizations. 

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

15 committee shall— 

16 ‘‘(1) advise the State on freight-related prior17 ities, issues, projects, and funding needs; 

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

19 transportation decisions affecting freight mobility; 

20 ‘‘(3) communicate and coordinate regional pri21 orities with other organizations; 

22 ‘‘(4) promote the sharing of information be23 tween the private and public sectors on freight 

24 issues; 


dlhill on DSK7TPTVN1PROD with BILLS
57 

•HR 4834 IH

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

2 freight plan, including advising on the development 

3 of the freight investment plan; and 

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

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

8 is amended by adding at the end the following: 

9 ‘‘§ 5404. State freight plan 

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

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

13 and long-range planning activities and investments of the 

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

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

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

19 include, at a minimum— 

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

22 State; 

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


dlhill on DSK7TPTVN1PROD with BILLS
58 

•HR 4834 IH

1 freight-related transportation investment decisions of 

2 the State; 

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

4 the ability of the State to meet the national freight 

5 goals established under section 5405 of this title; 

6 ‘‘(4) evidence of consideration of innovative 

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

9 safety and efficiency of freight movement; 

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

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

14 the roadways, a description of improvements that 

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

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

19 State, and a description of the strategies the State 

20 is employing to address those freight mobility issues; 

21 and 

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

23 list of projects in order of priority and describes how 

24 multimodal freight investment funds under section 

25 5401 of this title would be invested and matched. 


dlhill on DSK7TPTVN1PROD with BILLS
59 

•HR 4834 IH

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

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

3 be developed separate from or incorporated into the 

4 statewide strategic long-range transportation plan 

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

6 Code. 

7 ‘‘(2) REQUIREMENT OF ANTICIPATED FULL

8 FUNDING.—The priority freight investment plan 

9 component of the freight plan shall include a project, 

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

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

13 time period identified in the freight investment plan. 

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

15 State freight plans if they address the requirements of this 

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

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

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

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

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

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

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


dlhill on DSK7TPTVN1PROD with BILLS
60 

•HR 4834 IH

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

2 data 

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

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

6 national freight system provides the foundation for the 

7 United States to compete in the global economy and 

8 achieve each goal described in subsection (b). 

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

10 are— 

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

12 of the national freight system so as to enhance the 

13 economic competitiveness of the United States; 

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

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

17 eliminating or reversing adverse environmental and 

18 community impacts of freight projects and goods 

19 movement in the United States. 

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

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

22 (b) shall include— 

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

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

26 and other transportation policies; 


dlhill on DSK7TPTVN1PROD with BILLS
61 

•HR 4834 IH

1 ‘‘(3) advanced technology and innovation; 

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

4 ‘‘(5) use of performance management. 

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

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

7 publicly and privately-owned transportation facilities that 

8 are used in transporting freight within the United States, 

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

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

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

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

18 to aid the public and private sector in strategically 

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

21 set forth in subsection (b). 

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

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

25 modes as most critical to the current and future 


dlhill on DSK7TPTVN1PROD with BILLS
62 

•HR 4834 IH

1 movement of freight within the national freight sys2 tem; 

3 ‘‘(3) INITIAL DESIGNATION OF THE NATIONAL

4 FREIGHT NETWORK.— 

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

6 designate a national freight network— 

7 ‘‘(i) using measurable data to assess 

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

11 United States global and domestic supply 

12 chains; 

13 ‘‘(ii) fostering network connectivity; 

14 and 

15 ‘‘(iii) reflecting input collected from 

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

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

20 national or regionally significant goods 

21 movement and supply chains. 

22 ‘‘(B) FACTORS FOR DESIGNATION.—In 

23 designating the national freight network, the 

24 Secretary may consider— 


dlhill on DSK7TPTVN1PROD with BILLS
63 

•HR 4834 IH

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

2 freight; 

3 ‘‘(ii) origins and destinations of 

4 freight movement in, to, and from the 

5 United States; 

6 ‘‘(iii) land and maritime ports of 

7 entry; 

8 ‘‘(iv) population centers; 

9 ‘‘(v) economic factors or other inputs 

10 determined to be relevant by the Secretary; 

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

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

17 and analysis of projections for future 

18 growth and changes to the freight system; 

19 and 

20 ‘‘(viii) elements of the freight system 

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

23 national or local data as having critical 

24 freight importance to the region. 


dlhill on DSK7TPTVN1PROD with BILLS
64 

•HR 4834 IH

1 ‘‘(4) REDESIGNATION OF THE NATIONAL

2 FREIGHT NETWORK.—Effective beginning 5 years 

3 after the designation of the national freight network 

4 and every 5 years thereafter, using the designation 

5 factors described in paragraph (1), the Secretary 

6 shall redesignate the national freight network. 

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

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

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

11 the Secretary of Commerce, the Assistant Secretary 

12 of the Army for Civil Works, State departments of 

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

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

17 include— 

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

19 performance of the national freight system; 

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

21 national freight system that create significant 

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

24 which shall, at a minimum, include— 


dlhill on DSK7TPTVN1PROD with BILLS
65 

•HR 4834 IH

1 ‘‘(i) information from the Freight 

2 Analysis Framework of the Federal High3 way Administration; and 

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

7 improvements that could be implemented; 

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

9 year and 20-year periods beginning in the year 

10 during which the plan is issued; 

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

13 major population centers, trade gateways, and 

14 other major freight generators for current and 

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

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

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

22 overcoming the barriers); 

23 ‘‘(F) an identification of routes providing 

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


dlhill on DSK7TPTVN1PROD with BILLS
66 

•HR 4834 IH

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

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

5 ‘‘(I) a process for addressing multistate 

6 projects and encouraging jurisdictions to col7 laborate; and 

8 ‘‘(J) strategies to improve freight 

9 connectivity between modes of transportation. 

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

12 of completion of the first national freight strategic 

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

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

17 ‘‘(g) FREIGHT TRANSPORTATION CONDITIONS AND

18 PERFORMANCE REPORTS.—Not later than October 1, 

19 2014, and biennially thereafter, the Secretary shall pre20 pare a report that contains a description of the conditions 

21 and performance of the national freight system in the 

22 United States. 

23 ‘‘(h) TRANSPORTATION INVESTMENT DATA AND

24 PLANNING TOOLS.— 


dlhill on DSK7TPTVN1PROD with BILLS
67 

•HR 4834 IH

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

2 new tools and improve existing tools to support an 

3 outcome-oriented, performance-based approach to 

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

6 ‘‘(A) methodologies for systematic analysis 

7 of benefits and costs; 

8 ‘‘(B) freight forecasting models; 

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

10 of freight-related and other transportation 

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

14 and 

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

16 transportation planning. 

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

18 tools, and to support a broad range of evaluation 

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

21 ‘‘(A) direct the collection of appropriate 

22 transportation-related data, including data to 

23 measure the condition and performance of the 

24 national freight system; and 


dlhill on DSK7TPTVN1PROD with BILLS
68 

•HR 4834 IH

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

5 transportation demand. 

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

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

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

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

13 and consider development of a national performance 

14 measure to assess the efficiency of the multimodal 

15 freight network in accordance with the National 

16 Freight Strategic Plan.’’. 

17 (f) CONFORMING AMENDMENTS.— 

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

20 item related to chapter 53 the following: 

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

21 (2) REPEALS.— 

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

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


dlhill on DSK7TPTVN1PROD with BILLS
69 

•HR 4834 IH

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

2 United States Code, is repealed. 

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

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

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

6 5405 of title 49’’. 

7 SEC. 1102. REDESIGNATION OF THE NATIONAL NETWORK. 

8 (a) OPERATION OF COMMERCIAL VEHICLES ON THE

9 NATIONAL HIGHWAY SYSTEM AND THE NATIONAL

10 FREIGHT NETWORK.— 

11 (1) SECTION 31111 AMENDMENT.—Section 

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

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

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

16 exempted under subsection (f) of this section) 

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

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

22 (except a segment exempted under subsection 

23 (e) of this section)’’; 

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

25 Dwight D. Eisenhower System of Interstate 


dlhill on DSK7TPTVN1PROD with BILLS
70 

•HR 4834 IH

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

3 those classes of qualifying Federal-aid Primary 

4 System highways designated by the Secretary of 

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

8 a segment exempted under subsection (e) of 

9 this section)’’; 

10 (C) by striking subsection (e); 

11 (D) by redesignating subsections (f) and 

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

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

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

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

18 National Freight Network’’; 

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

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

23 National Freight Network’’; and 

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

25 ‘‘the Dwight D. Eisenhower System of 


dlhill on DSK7TPTVN1PROD with BILLS
71 

•HR 4834 IH

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

3 the National Freight Network’’. 

4 (2) SECTION 31112 AMENDMENT.—Section 

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

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

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

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

10 (3) SECTION 31113 AMENDMENT.—Section 

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

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

13 follows: 

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

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

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

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

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

22 Dwight D. Eisenhower System of Interstate 

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

25 other qualifying Federal-aid highway designated 


dlhill on DSK7TPTVN1PROD with BILLS
72 

•HR 4834 IH

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

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

4 (C) in subsection (e)— 

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

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

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

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

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

16 ‘‘the Dwight D. Eisenhower System of 

17 Interstate and Defense Highways’’ and 

18 ‘‘inserting’’the National Highway System 

19 or National Freight Network 

20 (4) SECTION 31114 AMENDMENT.—Section 

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

22 (A) in the section heading by striking 

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

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


dlhill on DSK7TPTVN1PROD with BILLS
73 

•HR 4834 IH

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

2 as follows: 

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

5 (b) DELAYED APPLICABILITY.—The Secretary shall 

6 not enforce the amendments made by this section until 

7 3 years after the effective date of this Act. 

8 Subtitle C—Planning 

9 SEC. 1201. TRANSPORTATION SYSTEM RESILIENCE ASSESS10 MENT. 

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

12 23, United States Code, is amended— 

13 (1) in subsection (b)— 

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

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

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

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

18 redesignated, the following: 

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

20 means adjustment in natural or human systems in 

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

24 weather events or climate change. 


dlhill on DSK7TPTVN1PROD with BILLS
74 

•HR 4834 IH

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

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

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

6 that occur over several decades or longer. 

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

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

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

14 redesignated, the following: 

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

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

17 changing conditions and to withstand, respond to, 

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

20 (2) in subsection (i)(2)— 

21 (A) by redesignating subparagraphs (E), 

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

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

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

25 as redesignated, the following: 


dlhill on DSK7TPTVN1PROD with BILLS
75 

•HR 4834 IH

1 ‘‘(E) ADAPTATION AND RESILIENCE.— 

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

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

7 shall include— 

8 ‘‘(I) an analysis of potential 

9 vulnerabilities and risks of critical 

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

12 weather and climate change effects; 

13 and 

14 ‘‘(II) an explanation of potential 

15 strategies for the adaptation of those 

16 critical assets. 

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

19 consultation with Federal, State, local and 

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

23 State’s asset management plan, developed 

24 pursuant to section 119 of this title, and 

25 the State’s evaluation of reasonable alterVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
76 

•HR 4834 IH

1 natives to roads, highways, and bridges 

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

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

6 Stat. 549).’’. 

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

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

9 end the following: 

10 ‘‘(10) ADAPTATION AND RESILIENCE.— 

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

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

16 ‘‘(i) an analysis of potential 

17 vulnerabilities and risks of critical highway 

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

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

23 assets. 

24 ‘‘(B) CONSULTATION AND COORDINA25 TION.—The analysis shall be developed in conVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
77 

•HR 4834 IH

1 sultation with Federal, State, local and Tribal 

2 agencies, as appropriate. The analysis and 

3 strategies shall take into consideration the risk 

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

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

7 reasonable alternatives to roads, highways, and 

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

10 carried out in accordance with section 1315(b) 

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

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

13 title 49, United States Code, is amended— 

14 (1) in subsection (b)— 

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

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

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

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

19 redesignated, the following: 

20 ‘‘(1) ADAPTATION.—The term ‘adaption’ means 

21 an adjustment in natural or human systems in an22 ticipation of or response to a changing environment 

23 in a way that effectively uses beneficial opportunities 

24 or moderates negative effects of extreme weather 

25 events or climate change. 


dlhill on DSK7TPTVN1PROD with BILLS
78 

•HR 4834 IH

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

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

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

6 that occur over several decades or longer. 

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

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

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

14 redesignated, the following: 

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

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

17 changing conditions and to withstand, respond to, 

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

20 (2) in subsection (i)(2)— 

21 (A) by redesignating subparagraphs (E), 

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

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

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

25 as redesignated, the following: 


dlhill on DSK7TPTVN1PROD with BILLS
79 

•HR 4834 IH

1 ‘‘(E) ADAPTATION AND RESILIENCE.— 

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

4 transportation system and to ensure the 

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

7 ‘‘(I) an analysis of potential 

8 vulnerabilities and risks of critical 

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

11 weather and climate change effects; 

12 and 

13 ‘‘(II) an explanation of potential 

14 strategies for the adaptation of those 

15 critical assets. 

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

18 consultation with Federal, State, local and 

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

22 State’s asset management plan, developed 

23 pursuant to section 119 of this title, and 

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


dlhill on DSK7TPTVN1PROD with BILLS
80 

•HR 4834 IH

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

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

5 Stat. 549).’’. 

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

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

8 end the following: 

9 ‘‘(10) ADAPTATION AND RESILIENCE.— 

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

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

15 ‘‘(i) an analysis of potential 

16 vulnerabilities and risks of critical highway 

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

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

22 assets. 

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


dlhill on DSK7TPTVN1PROD with BILLS
81 

•HR 4834 IH

1 agencies, as appropriate. The analysis and 

2 strategies shall take into consideration the risk 

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

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

6 reasonable alternatives to roads, highways, and 

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

9 carried out in accordance with section 1315(b) 

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

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

13 (a) CONSOLIDATION OF METROPOLITAN PLANNING

14 ORGANIZATIONS.— 

15 (1) SECTION 134 AMENDMENT.—Section 

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

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

20 ‘‘(A) LIMITATION ON NEW METROPOLITAN

21 PLANNING ORGANIZATION DESIGNATIONS.—A 

22 metropolitan planning organization shall not be 

23 newly-designated— 

24 ‘‘(i) within a metropolitan statistical 

25 area if another metropolitan planning orVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
82 

•HR 4834 IH

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

3 or 

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

6 ‘‘(B) MULTIPLE EXISTING METROPOLITAN

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

9 designated within a metropolitan statistical 

10 area— 

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

13 ‘‘(I) retain their designation as 

14 distinct metropolitan planning organi15 zations; or 

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

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

20 the existing metropolitan planning organi21 zations shall— 

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

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


dlhill on DSK7TPTVN1PROD with BILLS
83 

•HR 4834 IH

1 ‘‘(II) provide justification to the 

2 Secretary of the continued necessity of 

3 the designation of multiple metropoli4 tan planning organizations in the 

5 area; and 

6 ‘‘(iii) where multiple metropolitan 

7 planning organizations exist within a single 

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

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

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

14 the metropolitan statistical area when 

15 developing their individual plans; and 

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

22 (2) SECTION 5303 AMENDMENT.—Section 

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

24 amended to read as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
84 

•HR 4834 IH

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

3 ‘‘(A) LIMITATION ON NEW METROPOLITAN

4 PLANNING ORGANIZATION DESIGNATIONS.—A 

5 metropolitan planning organization shall not be 

6 newly-designated— 

7 ‘‘(i) within a metropolitan statistical 

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

11 or 

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

14 ‘‘(B) MULTIPLE EXISTING METROPOLITAN

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

17 designated within a metropolitan statistical 

18 area— 

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

21 ‘‘(I) retain their designation as 

22 distinct metropolitan planning organi23 zations; or 


dlhill on DSK7TPTVN1PROD with BILLS
85 

•HR 4834 IH

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

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

5 the existing metropolitan planning organi6 zations shall— 

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

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

11 ‘‘(II) provide justification to the 

12 Secretary of the continued necessity of 

13 the designation of multiple metropoli14 tan planning organizations in the 

15 area; and 

16 ‘‘(iii) where multiple metropolitan 

17 planning organizations exist within a single 

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

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

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

24 the metropolitan statistical area when 

25 developing their individual plans; and 


dlhill on DSK7TPTVN1PROD with BILLS
86 

•HR 4834 IH

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

5 Code, for use in developing individual 

6 performance targets in accordance 

7 with subsection (h)(2) and sections 

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

9 (3) DEFINITIONS.— 

10 (A) HIGHWAY DEFINITION.—Section 

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

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

14 (i) redesignating paragraphs (3) 

15 through (11) as paragraphs (4) through 

16 (12); and 

17 (ii) inserting after paragraph (2) the 

18 following— 

19 ‘‘(3) CONSOLIDATED METROPOLITAN PLANNING

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

23 statistical area.’’. 

24 (B) TRANSIT DEFINITION.—Section 

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


dlhill on DSK7TPTVN1PROD with BILLS
87 

•HR 4834 IH

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

3 (i) redesignating paragraphs (3) 

4 through (11) as paragraphs (4) through 

5 (12); and 

6 (ii) inserting after paragraph (2) the 

7 following— 

8 ‘‘(3) CONSOLIDATED METROPOLITAN PLANNING

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

12 statistical area.’’. 

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

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

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

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

18 following: 

19 ‘‘(r) HIGH PERFORMING METROPOLITAN PLANNING

20 ORGANIZATIONS.— 

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

22 organization that represents an urbanized area with 

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


dlhill on DSK7TPTVN1PROD with BILLS
88 

•HR 4834 IH

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

2 metropolitan planning organization designation, the 

3 Secretary shall consider— 

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

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

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

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

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

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

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

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

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


dlhill on DSK7TPTVN1PROD with BILLS
89 

•HR 4834 IH

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

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

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

5 of designation.’’. 

6 (2) SECTION 5303 AMENDMENT.—Section 5303 

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

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

9 following: 

10 ‘‘(r) HIGH PERFORMING METROPOLITAN PLANNING

11 ORGANIZATIONS.— 

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

13 organization that represents an urbanized area with 

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

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

18 metropolitan planning organization designation, the 

19 Secretary shall consider— 

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

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

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

24 planning organization has incorporated its per25 formance targets established pursuant to secVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
90 

•HR 4834 IH

1 tion 150 of title 23, United States Code, sub2 section (h)(2), and sections 5326(c) and 

3 5329(d) of this title into its planning process; 

4 ‘‘(C) whether the metropolitan planning or5 ganization is a consolidated metropolitan orga6 nization; 

7 ‘‘(D) if the metropolitan planning organi8 zation is not a consolidated metropolitan plan9 ning organization, the extent to which the met10 ropolitan planning organization is coordinating 

11 with all other metropolitan planning organiza12 tions designated for the same metropolitan sta13 tistical area; 

14 ‘‘(E) the technical capacity of the metro15 politan planning organization; and 

16 ‘‘(F) other criteria established by the Sec17 retary in guidance. 

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

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

20 of designation.’’. 

21 (c) SURFACE TRANSPORTATION INCENTIVE

22 FUNDS.—Section 133(d)(1) of title 23, United States 

23 Code is amended to read as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
91 

•HR 4834 IH

1 ‘‘(1) CALCULATION.—The funds apportioned to 

2 a State under section 104(b)(2) shall be obligated as 

3 follows: 

4 ‘‘(A) SUBALLOCATED FUNDS.—50 percent 

5 of the funds for a fiscal year shall be obligated 

6 under this section, in proportion to their rel7 ative shares of the population of the State— 

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

9 with an urbanized area population over 

10 200,000; 

11 ‘‘(ii) in urban areas of the State with 

12 a population of 5,000 to 200,000; and 

13 ‘‘(iii) in areas of the State with a pop14 ulation of fewer than 5,000. 

15 ‘‘(B) STATEWIDE FUNDS.—25 percent of 

16 the funds for a fiscal year may be obligated in 

17 any area of the State. 

18 ‘‘(C) HIGH PERFORMING METROPOLITAN

19 PLANNING ORGANIZATIONS.— 

20 ‘‘(i) IN GENERAL.—25 percent of the 

21 funds for a fiscal year shall be obligated 

22 under this section in urbanized areas 

23 under subparagraph (A)(i) that are served 

24 by high performing metropolitan planning 

25 organizations (as designated by the SecVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
92 

•HR 4834 IH

1 retary under section 134(r) or section 

2 5303(r) of title 49, United States Code). 

3 Any funds remaining under this clause 

4 shall be obligated in any area of the State 

5 under subparagraph (B). 

6 ‘‘(ii) AMOUNT.—The amount to be ob7 ligated under clause (i) in an urbanized 

8 area served by a high performing metro9 politan planning organization shall equal 

10 50 percent of the amount to be obligated 

11 in that urbanized area under paragraph 

12 (4) and is in addition to the amount under 

13 such paragraph.’’. 

14 (d) TRANSPORTATION ALTERNATIVES INCENTIVE

15 FUNDS.—Section 213(c)(1) of such title is amended to 

16 read as follows: 

17 ‘‘(1) CALCULATION.—The funds reserved to a 

18 State shall be obligated as follows: 

19 ‘‘(A) SUBALLOCATED FUNDS.—50 percent 

20 of the funds for a fiscal year shall be obligated 

21 under this section to any eligible entity in pro22 portion to its relative share of the population of 

23 the State— 


dlhill on DSK7TPTVN1PROD with BILLS
93 

•HR 4834 IH

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

2 with an urbanized area population over 

3 200,000; 

4 ‘‘(ii) in urban areas of the State with 

5 a population of 5,000 to 200,000; and 

6 ‘‘(iii) in areas of the State with a pop7 ulation of fewer than 5,000. 

8 ‘‘(B) STATEWIDE FUNDS.—25 percent of 

9 the funds for a fiscal year may be obligated in 

10 any area of the State. 

11 ‘‘(C) HIGH PERFORMING METROPOLITAN

12 PLANNING ORGANIZATIONS.— 

13 ‘‘(i) IN GENERAL.—25 percent of the 

14 funds for a fiscal year shall be obligated 

15 under this section in urbanized areas 

16 under subparagraph (A)(i) that are served 

17 by high performing metropolitan planning 

18 organizations (as designated by the Sec19 retary under section 134(r) or section 

20 5303(r) of title 49, United States Code). 

21 Any funds remaining under this clause 

22 shall be obligated in any area of the State 

23 under subparagraph (B). 

24 ‘‘(ii) AMOUNT.—The amount to be ob25 ligated under clause (i) in an urbanized 


dlhill on DSK7TPTVN1PROD with BILLS
94 

•HR 4834 IH

1 area served by a high performing metro2 politan planning organization shall equal 

3 50 percent of the amount to obligated in 

4 that urbanized area under paragraph (3) 

5 and is in addition to the amount under 

6 such paragraph.’’. 

7 (e) OBLIGATION AUTHORITY.—Section 133(f) of 

8 such title is amended— 

9 (1) in paragraph (1), by— 

10 (A) striking ‘‘A State’’ and inserting ‘‘Ex11 cept as provided in paragraph (2), a State’’; 

12 and 

13 (B) striking ‘‘fiscal years 2011 through 

14 2014’’ and inserting ‘‘fiscal years 2015 through 

15 2018’’; 

16 (2) by redesignating paragraph (2) as para17 graph (3) and inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2) HIGH PERFORMING METROPOLITAN PLAN20 NING ORGANIZATIONS.— 

21 ‘‘(A) IN GENERAL.—A State that is re22 quired to obligate in an urbanized area under 

23 subsections (d)(1)(A)(i) and (d)(1)(C)(i) shall 

24 make available to such urbanized area on an 

25 annual basis an amount of obligation authority 


dlhill on DSK7TPTVN1PROD with BILLS
95 

•HR 4834 IH

1 distributed to the State for Federal-aid high2 ways and highway safety construction programs 

3 for use in the area that is equal to the amount 

4 obtained by multiplying— 

5 ‘‘(i) the amount of funds that the 

6 State is required to obligate in the area 

7 under such subsections; and 

8 ‘‘(ii) the ratio specified in paragraph 

9 (1)(B). 

10 ‘‘(B) AVAILABILITY.—The obligation au11 thority that a State makes available to an ur12 banized area under subparagraph (A) shall re13 main available for a period of four fiscal 

14 years.’’; and 

15 (3) in paragraph (3), as redesignated, by strik16 ing ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) 

17 and (2)’’. 

18 (f) DISTRIBUTION OF METROPOLITAN PLANNING

19 FUNDS.—Section 104(d)(2)(A) of such title is amended— 

20 (1) in clause (i), by striking ‘‘; and’’ and insert21 ing ‘‘;’’; 

22 (2) by redesignating clause (ii) as clause (iii); 

23 and 

24 (3) by inserting after clause (i) the following: 


dlhill on DSK7TPTVN1PROD with BILLS
96 

•HR 4834 IH

1 ‘‘(ii) prioritizes the needs of high per2 forming metropolitan planning organiza3 tions (as designated by the Secretary 

4 under section 134(r) or section 5303(r) of 

5 title 49, United States Code); and’’. 

6 (g) TECHNICAL CORRECTION.—Subsection 133(h)(1) 

7 of such title is amended by striking ‘‘for each of fiscal 

8 years 2013 through 2014’’ and inserting ‘‘each fiscal 

9 year’’. 

10 SEC. 1203. PARTICIPATION OF PUBLIC PORT AUTHORITIES. 

11 (a) SECTION 134 AMENDMENT.—Section 

12 134(i)(6)(A) of title 23, United States Code, is amended 

13 by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 

14 (b) SECTION 135 AMENDMENT.—Section 135(g)(3) 

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

16 ‘‘public ports,’’ before ‘‘freight shippers’’. 

17 (c) SECTION 5303 AMENDMENT.—Section 

18 5303(i)(6)(A) of title 49, United States Code, is amended 

19 by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 

20 (d) SECTION 5304 AMENDMENT.—Section 

21 5304(g)(3) of title 49, United States Code, is amended 

22 by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 


dlhill on DSK7TPTVN1PROD with BILLS
97 

•HR 4834 IH

1 SEC. 1204. STRENGTHENING THE STATEWIDE AND NON2 METROPOLITAN PLANNING PROCESS. 

3 (a) SECTION 135 AMENDMENT.—Section 135 of title 

4 23, United States Code, is amended— 

5 (1) in subsection (f)(5) by striking ‘‘may’’ and 

6 inserting ‘‘shall’’; 

7 (2) in subsection (f)(7)— 

8 (A) by striking ‘‘should’’ and inserting 

9 ‘‘shall’’; and 

10 (B) by striking the final ‘‘;’’ and 

11 inserting‘‘.’’; 

12 (3) in subsection (g)(5)(F)(i) by striking ‘‘may’’ 

13 and inserting ‘‘shall’’; and 

14 (4) by striking subsection (g)(8) and inserting 

15 the following: 

16 ‘‘(8) CERTIFICATION PROCESS.— 

17 ‘‘(A) IN GENERAL.—At least once every 4 

18 years the Secretary shall certify that each State 

19 has met the requirements of— 

20 ‘‘(i) this section; and 

21 ‘‘(ii) other Federal laws, regulations, 

22 and orders applicable to the statewide and 

23 nonmetropolitan and the metropolitan 

24 planning processes. 

25 ‘‘(B) FAILURE TO MEET CERTIFICATION.— 

26 If a State does not meet such certification, the 


dlhill on DSK7TPTVN1PROD with BILLS
98 

•HR 4834 IH

1 Secretary may withhold up to 20 percent of the 

2 funds attributable to such State for projects 

3 funded under this title and chapter 53 of title 

4 49. 

5 ‘‘(C) RESTORATION OF FUNDS.—The with6 held funds shall be restored to the State at such 

7 time as the State process is certified by the 

8 Secretary. 

9 ‘‘(D) PUBLIC INVOLVEMENT.—In making 

10 the certification determinations under this para11 graph, the Secretary shall provide for public in12 volvement appropriate to the State under re13 view.’’. 

14 (b) SECTION 5304 AMENDMENT.—Section 5304 of 

15 title 49, United States Code, is amended— 

16 (1) in subsection (f)(5) by striking ‘‘may’’ and 

17 inserting ‘‘shall’’; 

18 (2) in subsection (f)(7) by striking ‘‘should’’ 

19 and inserting ‘‘shall’’; 

20 (3) in subsection (g)(5)(F)(i) by striking ‘‘may’’ 

21 and inserting ‘‘shall’’; and 

22 (4) by striking subsection (g)(8) and inserting 

23 the following: 

24 ‘‘(8) CERTIFICATION PROCESS.— 


dlhill on DSK7TPTVN1PROD with BILLS
99 

•HR 4834 IH

1 ‘‘(A) IN GENERAL.—At least once every 4 

2 years the Secretary shall certify that each State 

3 has met the requirements of— 

4 ‘‘(i) this section; and 

5 ‘‘(ii) other Federal laws, regulations, 

6 and orders applicable to the statewide and 

7 nonmetropolitan and the metropolitan 

8 planning processes. 

9 ‘‘(B) FAILURE TO MEET CERTIFICATION.— 

10 If a State does not meet such certification, the 

11 Secretary may withhold up to 20 percent of the 

12 funds attributable to such State for projects 

13 funded under this title and chapter 53 of title 

14 49. 

15 ‘‘(C) RESTORATION OF FUNDS.—The with16 held funds shall be restored to the State at such 

17 time as the State process is certified by the 

18 Secretary. 

19 ‘‘(D) PUBLIC INVOLVEMENT.—In making 

20 the certification determinations under this para21 graph, the Secretary shall provide for public in22 volvement appropriate to the State under re23 view.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
100 

•HR 4834 IH

1 SEC. 1205. REMOVAL OF THE CONGESTION MANAGEMENT 

2 PROCESS. 

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

4 23, United States Code, is amended— 

5 (1) by striking subsection (k)(3) and redesig6 nating subsections (k)(4) and (k)(5) as subsections 

7 (k)(3) and (k)(4), respectively; and 

8 (2) by striking subsection (n) and redesignating 

9 subsections (o) through (q) as subsections (n) 

10 through (p), respectively. 

11 (b) SECTION 135 AMENDMENT.—Section 135 of title 

12 23, United States Code, is amended by striking subsection 

13 (j) and redesignating subsections (k) through (m) as sub14 sections (j) through (l), respectively. 

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

16 title 49, United States Code, is amended— 

17 (1) by striking subsection (k)(3) and redesig18 nating subsections (k)(4) and (k)(5) as subsections 

19 (k)(3) and (k)(4), respectively; and 

20 (2) by striking subsection (n) and redesignating 

21 subsections (o) through (q) as subsections (n) 

22 through (p), respectively. 

23 (d) SECTION 5304 AMENDMENT.—Section 5304 of 

24 title 49, United States Code, is amended by striking sub25 section (i) and redesignating subsections (j) through (l) 

26 as subsections (i) through (k), respectively. 


dlhill on DSK7TPTVN1PROD with BILLS
101 

•HR 4834 IH

1 SEC. 1206. PUBLIC INVOLVEMENT IN PLAN DEVELOPMENT. 

2 (a) SECTION 134 AMENDMENT.—Section 134(i) of 

3 title 23, United States Code, is amended— 

4 (1) in paragraph (4), by inserting after sub5 paragraph (C) the following: 

6 ‘‘(D) PUBLIC INVOLVEMENT.—Metropoli7 tan planning organizations shall offer interested 

8 parties, such as those described in paragraph 

9 (6), a reasonable opportunity to participate in 

10 the development and consideration of sce11 narios.’’; and 

12 (2) in paragraph (6), by striking ‘‘comment on 

13 the transportation plan’’ and inserting ‘‘provide 

14 input during the development and implementation of 

15 the transportation plan’’. 

16 (b) SECTION 135 AMENDMENT.—Section 

17 135(f)(3)(A)(ii) of title 23, United States Code, is amend18 ed by striking ‘‘comment on the transportation plan’’; and 

19 inserting ‘‘provide input during the development of the 

20 transportation plan’’. 

21 (c) SECTION 5303 AMENDMENT.—Section 5303(i) of 

22 title 49, United States Code, is amended— 

23 (1) in paragraph (4), by inserting after sub24 paragraph (C) the following: 

25 ‘‘(D) PUBLIC INVOLVEMENT.—Metropoli26 tan planning organizations shall offer interested 


dlhill on DSK7TPTVN1PROD with BILLS
102 

•HR 4834 IH

1 parties, such as those described in paragraph 

2 (6), a reasonable opportunity to participate in 

3 the development and consideration of sce4 narios.’’; and 

5 (2) in paragraph (6), by striking ‘‘comment on 

6 the transportation plan’’ and inserting ‘‘provide 

7 input during the development and implementation of 

8 the transportation plan’’. 

9 (d) SECTION 5304 AMENDMENT.—Section 

10 5304(f)(3)(A)(ii) of title 49, United States Code, is 

11 amended by striking ‘‘comment on the proposed plan’’; 

12 and inserting ‘‘provide input during the development of 

13 the transportation plan’’. 

14 SEC. 1207. CONNECTION TO OPPORTUNITIES NATIONAL 

15 GOAL AND POTENTIAL PERFORMANCE MEAS16 URE. 

17 (a) TRANSPORTATION CONNECTIONS TO OPPORTUNI18 TIES.—Section 150(b) of title 23, United States Code, is 

19 amended— 

20 (1) in paragraph (2), by striking ‘‘highway in21 frastructure asset system’’ and inserting ‘‘infrastruc22 ture asset system under title 23’’; and 

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

24 ‘‘(8) MULTIMODAL CONNECTIVITY.—To achieve 

25 an interconnected transportation system which conVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
103 

•HR 4834 IH

1 nects people to jobs, schools, and other essential 

2 services through a multimodal network.’’. 

3 (b) ESTABLISHMENT OF PERFORMANCE MEAS4 URES.—Section 150(c) of title 23, United States Code, is 

5 amended— 

6 (1) in paragraph (1), by inserting ‘‘as listed in 

7 paragraphs (3), (4), (5) and (6)’’ before the period 

8 at the end; and 

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

10 ‘‘(7) MULTIMODAL FREIGHT.—The Secretary 

11 may, in accordance with the National Freight Stra12 tegic Plan, establish Performance Measures to as13 sess the efficiency of the multimodal freight network. 

14 ‘‘(8) TRANSPORTATION CONNECTIVITY.—The 

15 Secretary may, in accordance with the framework es16 tablished in section 134 of this title (Measuring 

17 Transportation Connections to Opportunity), estab18 lish a Performance Measure to be used by MPOs to 

19 assess the degree to which the transportation system 

20 provides multimodal connections to economic oppor21 tunities, particularly for disadvantaged popu22 lations.’’. 

23 SEC. 1208. WORKFORCE DEVELOPMENT. 

24 Section 140(b) of title 23, United States Code, is 

25 amended to read as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
104 

•HR 4834 IH

1 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 

2 ‘‘(1) IN GENERAL.—The Secretary, in coopera3 tion with the Secretary of Labor and any other de4 partment or agency of the Government, State agen5 cy, authority, association, institution, Indian tribal 

6 government, corporation (profit or nonprofit), or any 

7 other organization or person, is authorized to de8 velop, conduct, and administer surface transpor9 tation and technology training, including skill im10 provement programs, and to develop and fund sum11 mer transportation institutes. 

12 ‘‘(2) STATE DOT RESPONSIBILITIES.—A State 

13 department of transportation participating in the 

14 program shall— 

15 ‘‘(A) develop a workforce plan that identi16 fies immediate and anticipated workforce gaps 

17 and underrepresentation of women and minori18 ties, and a detailed plan to fill gaps and address 

19 such underrepresentation; 

20 ‘‘(B) establish a ‘workforce development 

21 compact’ with the State workforce investment 

22 board and appropriate agencies to provide a co23 ordinated approach to workforce training, job 

24 placement, and identification of training and 

25 skill development program needs, which shall be 


dlhill on DSK7TPTVN1PROD with BILLS
105 

•HR 4834 IH

1 coordinated to the extent practical with an in2 stitution or agency, such as a State workforce 

3 investment board under 29 U.S.C. 2821, that 

4 has established skills training, recruitment, and 

5 placement resources; and 

6 ‘‘(C) demonstrate program outcomes, in7 cluding— 

8 ‘‘(i) impact on areas with transpor9 tation workforce shortages; 

10 ‘‘(ii) diversity of training participants; 

11 ‘‘(iii) number and percentage of par12 ticipants obtaining certifications or creden13 tials required for specific types of employ14 ment; 

15 ‘‘(iv) employment outcome, including 

16 job placement and job retention rates and 

17 earnings, using performance metrics estab18 lished in consultation with the Secretary of 

19 Labor and consistent with metrics used by 

20 programs under the Workforce Investment 

21 Act of 1998 (29 U.S.C. 2801 et seq.); and 

22 ‘‘(v) to the extent practical, evidence 

23 that the program did not preclude workers 

24 that participate in training or registered 

25 apprenticeship activities under the proVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
106 

•HR 4834 IH

1 gram from being referred to, or hired on, 

2 projects funded under this chapter. 

3 ‘‘(3) FUNDING.—Funds authorized for the pro4 gram under paragraph (1) of this subsection shall 

5 remain available until expended. 

6 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—The 

7 provisions of sections 6101(b) through (d) of title 41 

8 shall not be applicable to contracts and agreements 

9 made under the authority granted under this sub10 section to the Secretary. 

11 ‘‘(5) USE OF SURFACE TRANSPORTATION AND

12 NATIONAL HIGHWAY PERFORMANCE PROGRAM

13 FUNDS.—Notwithstanding any other provision of 

law, not to exceed 1 14 ⁄2 of 1 percent of funds appor15 tioned to a State under section 104(b) (1) or (2) 

16 may be available to carry out this subsection upon 

17 request of the State transportation department to 

18 the Secretary. 

19 ‘‘(6) JOB-DRIVEN SKILLS TRAINING INCEN20 TIVE.— 

21 ‘‘(A) IN GENERAL.—In a fiscal year, the 

22 Secretary shall provide incentive funding to 

23 States for transportation workforce develop24 ment, including transportation technology and 

25 skills training, registered apprenticeship and 


dlhill on DSK7TPTVN1PROD with BILLS
107 

•HR 4834 IH

1 other work-based training opportunities, and 

2 skill improvement programs leading to creden3 tial attainment, employment, and career path4 ways for disadvantaged populations. 

5 ‘‘(B) ELIGIBILITY.— 

6 ‘‘(i) LEVERAGING EXISTING FUNDS.— 

7 If a State agrees to obligate in a fiscal 

8 year funds apportioned to the State under 

9 section 104(b) (1) or (2) for the purposes 

10 authorized in paragraph (1), the Secretary 

11 may provide up to twice the amount the 

12 State has agreed to obligate for such pur13 poses. 

14 ‘‘(ii) DEMONSTRATING SUCCESS IN

15 SKILLS TRAINING, RECRUITMENT, AND JOB

16 PLACEMENT.—The Secretary may provide 

17 incentive funding to up to 20 States that 

18 demonstrate that their program under 

19 paragraph (2)— 

20 ‘‘(I) operates in partnership with 

21 an institution or agency, such as a 

22 State workforce investment board 

23 under 29 U.S.C. 2821, that has estab24 lished skills training, recruitment, and 

25 placement resources; and 


dlhill on DSK7TPTVN1PROD with BILLS
108 

•HR 4834 IH

1 ‘‘(II) successfully places individ2 uals in permanent jobs, as measured 

3 by a job placement, retention, and 

4 earnings metrics established by the 

5 Secretary; and 

6 ‘‘(III) establishes recruitment 

7 strategies that result in positive em8 ployment outcomes for minorities, 

9 women, and disadvantaged individ10 uals. 

11 ‘‘(C) GRANTS.— 

12 ‘‘(i) IN GENERAL.—A State may pro13 vide incentive funds received under this 

14 paragraph to an institution or agency, 

15 such as a State workforce investment 

16 board under 29 U.S.C. 2821, that has es17 tablished skills training, recruitment, and 

18 placement resources for use consistent with 

19 subparagraph (A). 

20 ‘‘(ii) COMPLIANCE.—A State that pro21 vides funds to an entity under clause (i) 

22 shall establish measures to verify that re23 cipients of such funds comply with the re24 quirements of this subsection. 


dlhill on DSK7TPTVN1PROD with BILLS
109 

•HR 4834 IH

1 ‘‘(D) FEDERAL SHARE.—The Federal 

2 share for incentive funding under this para3 graph may be up to 100 percent.’’. 

4 SEC. 1209. MEASURING TRANSPORTATION CONNECTIVITY 

5 PILOT ACTIVITIES. 

6 (a) TITLE 23.—Section 134 of title 23, United States 

7 Code, as amended by this Act, is further amended by in8 serting after subsection (p), as redesignated, the following: 

9 ‘‘(q) MEASURING TRANSPORTATION CONNECTIONS

10 TO OPPORTUNITY.— 

11 ‘‘(1) CONNECTION TO OPPORTUNITY PILOT

12 PROGRAM.— 

13 ‘‘(A) ESTABLISHMENT.—The Secretary 

14 shall establish a pilot program in which up to 

15 ten metropolitan planning organizations shall 

16 develop and deploy one or more pilot measures 

17 and targets to improve multimodal connectivity 

18 and increase connections for disadvantaged 

19 Americans and neighborhoods with limited 

20 transportation options. 

21 ‘‘(B) PILOT LOCATIONS.—The Secretary 

22 shall select up to ten metropolitan planning or23 ganizations in up to ten locations, each of which 

24 is the sole metropolitan planning organization 


dlhill on DSK7TPTVN1PROD with BILLS
110 

•HR 4834 IH

1 serving an urbanized area of more than 1 mil2 lion residents, which shall include— 

3 ‘‘(i) metropolitan planning organiza4 tions that can demonstrate previous suc5 cessful use of performance measurements 

6 and performance-based planning efforts, 

7 which the Secretary shall designate as 

8 mentor grantees; and 

9 ‘‘(ii) metropolitan planning organiza10 tions that have limited or no successful 

11 previous experience in performance meas12 urements and performance-based planning 

13 efforts, which the Secretary shall designate 

14 as novice grantees. 

15 ‘‘(C) PILOT PROGRAM ACTIVITIES.— 

16 ‘‘(i) TRANSPORTATION CONNECTIVITY

17 INVENTORY.—Within 6 months of selection 

18 as a pilot location, and in consultation with 

19 appropriate States, transit agencies, and 

20 local governments, metropolitan planning 

21 organizations in pilot locations shall de22 velop an inventory of transportation assets 

23 within the urbanized planning area they 

24 represent, which will describe— 


dlhill on DSK7TPTVN1PROD with BILLS
111 

•HR 4834 IH

1 ‘‘(I) the condition of key high2 way, transit, bicycle, and pedestrian 

3 facilities; 

4 ‘‘(II) the degree to which these 

5 facilities provide residents with con6 nections to economic opportunities, in7 cluding but not restricted to job cen8 ters and schools; 

9 ‘‘(III) the identity and location of 

10 disadvantaged populations within the 

11 planning area; and 

12 ‘‘(IV) local challenges to 

13 multimodal connectivity, such as zon14 ing or land use issues, availability of 

15 affordable housing, and physical bar16 riers that obstruct access from resi17 dential areas to economic opportuni18 ties. 

19 ‘‘(ii) PERFORMANCE INDICATORS.— 

20 Within one year of selection, metropolitan 

21 planning organizations in pilot locations 

22 shall apply the baseline data developed in 

23 the Transportation Connectivity Inventory 

24 to adopt one or more provisional indicators 

25 to measure multimodal connectivity imVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
112 

•HR 4834 IH

1 provements in the transportation system, 

2 including measurements of multimodal 

3 connectivity improvements available to pop4 ulations identified in clause (i)(III), and 

5 appropriate to local assets and needs. 

6 ‘‘(iii) DATA COLLECTION AND RE7 PORTING.—Metropolitan planning organi8 zations in pilot locations shall collect and 

9 report baseline and annual performance 

10 data on multimodal transportation 

11 connectivity to opportunity, and shall re12 port that data to the Secretary for the du13 ration of the pilot project. 

14 ‘‘(iv) KNOWLEDGE-SHARING.—Metro15 politan planning organizations designated 

16 as mentor grantees shall engage in knowl17 edge-sharing activities with novice grantees 

18 to the extent feasible, which may include 

19 peer exchanges and technical assistance, as 

20 appropriate to their existing level of per21 formance measurement capacity. 

22 ‘‘(v) PROJECT IMPLEMENTATION.— 

23 Notwithstanding section 120 of this title, a 

24 metropolitan planning organization may 

25 use funds remaining after the completion 


dlhill on DSK7TPTVN1PROD with BILLS
113 

•HR 4834 IH

1 of the Transportation Connectivity Inven2 tory, provisional measure, and related 

3 tracking activities for the non-Federal 

4 share to implement projects within the 

5 metropolitan planning area that are rea6 sonably anticipated to address system gaps 

7 and improve performance according to the 

8 locally-adopted provisional multimodal 

9 transportation connectivity measures. 

10 ‘‘(2) NATIONAL PERFORMANCE MEASURE DE11 VELOPMENT ACTIVITIES.—The Secretary shall re12 serve up to a cumulative a maximum of $9,000,000 

13 of the amount authorized for this subsection over 

14 the period of fiscal years 2015 through 2018 for use 

15 on evaluation of multimodal connectivity measures 

16 developed by metropolitan planning organizations in 

17 pilot locations, and to consider development of a na18 tional indicator to measure the multimodal connec19 tions to opportunities provided by the transportation 

20 network, including the following activities: 

21 ‘‘(A) NATIONAL TECHNICAL ASSISTANCE

22 AND PEER EXCHANGE FORUMS.—The Secretary 

23 shall support the measure development and 

24 data collection of metropolitan planning organi25 zations in pilot locations through technical asVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
114 

•HR 4834 IH

1 sistance and peer exchanges, and through work2 shops with States, transit agencies, and MPOs 

3 to discuss Pilot Program findings, and shall es4 tablish an online collaboration center for local 

5 jurisdictions to share ideas and challenges, and 

6 document lessons learned. 

7 ‘‘(B) CONNECTION TO OPPORTUNITY

8 FINAL REPORT.—At the end of the Connection 

9 to Opportunity Pilot Program, the Department 

10 shall produce in consultation with the Secretary 

11 of the Department of Housing and Urban De12 velopment, the Secretary of the Department of 

13 Commerce and the Administrator of the Envi14 ronmental Protection Agency, and seek public 

15 comment on a final report that documents the 

16 outcomes of the Connection to Opportunity 

17 Pilot Program. The report shall provide rec18 ommendations on the establishment of one or 

19 more national multimodal connectivity meas20 ures, and shall include— 

21 ‘‘(i) results of the pilot locations’ ef22 forts to measure and improve multimodal 

23 connectivity; 

24 ‘‘(ii) the Secretary’s recommendations 

25 for one or more national connectivity measVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
115 

•HR 4834 IH

1 ures and integrating them into the Federal 

2 transportation performance management 

3 framework, in accordance with section 150 

4 of this title; and 

5 ‘‘(iii) an assessment of social out6 comes and impact that may result from the 

7 pilot measures as well as estimated savings 

8 to Federal, State and local social service 

9 subsidy programs, as well as other costs 

10 avoided and new tax revenues attributable 

11 to increased connectivity. 

12 ‘‘(C) POTENTIAL RULEMAKING.—Fol13 lowing publication of the Connection to Oppor14 tunity Final Report, the Secretary, in consulta15 tion with State Departments of Transportation, 

16 metropolitan planning organizations, and other 

17 stakeholders, may promulgate a rulemaking 

18 that establishes performance measures and 

19 standards as described in section 150(c)(8).’’. 

20 (b) CHAPTER 53.—Section 5303 of title 49, United 

21 States Code, as amended by this Act, is further amended 

22 by inserting after subsection (p), as redesignated, the fol23 lowing: 

24 ‘‘(q) MEASURING TRANSPORTATION CONNECTIONS

25 TO OPPORTUNITY.— 


dlhill on DSK7TPTVN1PROD with BILLS
116 

•HR 4834 IH

1 ‘‘(1) CONNECTION TO OPPORTUNITY PILOT

2 PROGRAM.— 

3 ‘‘(A) ESTABLISHMENT.—The Secretary 

4 shall establish a pilot program in which up to 

5 ten metropolitan planning organizations shall 

6 develop and deploy one or more pilot measures 

7 and targets to improve multimodal connectivity 

8 and increase connections for disadvantaged 

9 Americans and neighborhoods with limited 

10 transportation options. 

11 ‘‘(B) PILOT LOCATIONS.—The Secretary 

12 shall select up to ten metropolitan planning or13 ganizations, each of which is the sole metropoli14 tan planning organization serving an urbanized 

15 area of more than 1 million residents, which 

16 shall include— 

17 ‘‘(i) metropolitan planning organiza18 tions that can demonstrate previous suc19 cessful use of performance measurements 

20 and performance-based planning efforts, 

21 which the Secretary shall designate as 

22 mentor grantees; and 

23 ‘‘(ii) metropolitan planning organiza24 tions that have limited or no successful 

25 previous experience in performance measVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
117 

•HR 4834 IH

1 urements and performance-based planning 

2 efforts, which the Secretary shall designate 

3 as novice grantees. 

4 ‘‘(C) PILOT PROGRAM ACTIVITIES.— 

5 ‘‘(i) TRANSPORTATION CONNECTIVITY

6 INVENTORY.—Within 6 months of selection 

7 as a pilot location, and in consultation with 

8 appropriate States, transit agencies, and 

9 local governments, metropolitan planning 

10 organizations in pilot locations shall de11 velop an inventory of transportation assets 

12 within the urbanized planning area they 

13 represent, which will describe— 

14 ‘‘(I) the condition of key high15 way, transit, bicycle, and pedestrian 

16 facilities; 

17 ‘‘(II) the degree to which these 

18 facilities provide residents with con19 nections to economic opportunities, in20 cluding but not restricted to job cen21 ters and schools; 

22 ‘‘(III) the identity and location of 

23 disadvantaged populations within the 

24 planning area; and 


dlhill on DSK7TPTVN1PROD with BILLS
118 

•HR 4834 IH

1 ‘‘(IV) local challenges to 

2 multimodal connectivity, such as zon3 ing or land use issues, availability of 

4 affordable housing, and physical bar5 riers that obstruct access from resi6 dential areas to economic opportuni7 ties. 

8 ‘‘(ii) PERFORMANCE INDICATORS.— 

9 Within one year of selection, metropolitan 

10 planning organizations in pilot locations 

11 shall apply the baseline data developed in 

12 the Transportation Connectivity Inventory 

13 to adopt one or more provisional indicators 

14 to measure multimodal connectivity im15 provements in the transportation system, 

16 including measurements of multimodal 

17 connectivity improvements available to pop18 ulations identified in clause (i)(III), and 

19 appropriate to local assets and needs. 

20 ‘‘(iii) DATA COLLECTION AND RE21 PORTING.—Metropolitan planning organi22 zations in pilot locations shall collect and 

23 report baseline and annual performance 

24 data on multimodal transportation 

25 connectivity to opportunity, and shall reVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
119 

•HR 4834 IH

1 port that data to the Secretary for the du2 ration of the pilot project. 

3 ‘‘(iv) KNOWLEDGE-SHARING.—Metro4 politan planning organizations designated 

5 as mentor grantees shall engage in knowl6 edge-sharing activities with novice grantees 

7 to the extent feasible, which may include 

8 peer exchanges and technical assistance, as 

9 appropriate to their existing level of per10 formance measurement capacity. 

11 ‘‘(v) PROJECT IMPLEMENTATION.— 

12 Notwithstanding section 120 of this title, a 

13 metropolitan planning organization may 

14 use funds remaining after the completion 

15 of the Transportation Connectivity Inven16 tory, provisional measure, and related 

17 tracking activities for the non-Federal 

18 share to implement projects within the 

19 metropolitan planning area that are rea20 sonably anticipated to address system gaps 

21 and improve performance according to the 

22 locally-adopted provisional multimodal 

23 transportation connectivity measures. 

24 ‘‘(2) NATIONAL PERFORMANCE MEASURE DE25 VELOPMENT ACTIVITIES.—The Secretary shall reVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
120 

•HR 4834 IH

1 serve up to a cumulative $9,000,000 of the amount 

2 authorized for this subsection over the period of fis3 cal years 2015 through 2018 for use on evaluation 

4 of multimodal connectivity measures developed by 

5 metropolitan planning organizations in pilot loca6 tions, and to consider development of a national in7 dicator to measure the multimodal connections to 

8 opportunities provided by the transportation net9 work, including the following activities: 

10 ‘‘(A) NATIONAL TECHNICAL ASSISTANCE

11 AND PEER EXCHANGE FORUMS.—The Secretary 

12 shall support the measure development and 

13 data collection of metropolitan planning organi14 zations in pilot locations through technical as15 sistance and peer exchanges, and through work16 shops with States, transit agencies, and MPOs 

17 to discuss Pilot Program findings, and shall es18 tablish an online collaboration center for local 

19 jurisdictions to share ideas and challenges, and 

20 document lessons learned. 

21 ‘‘(B) CONNECTION TO OPPORTUNITY

22 FINAL REPORT.—At the end of the Connection 

23 to Opportunity Pilot Program, the Department 

24 shall produce and seek public comment on a 

25 final report that documents the outcomes of the 


dlhill on DSK7TPTVN1PROD with BILLS
121 

•HR 4834 IH

1 Connection to Opportunity Pilot Program. The 

2 report shall provide recommendations on the es3 tablishment of one or more national multimodal 

4 connectivity measures, and shall include— 

5 ‘‘(i) results of the pilot locations’ ef6 forts to measure and improve multimodal 

7 connectivity; 

8 ‘‘(ii) the Secretary’s recommendations 

9 for one or more national connectivity meas10 ures and integrating them into the Federal 

11 transportation performance management 

12 framework in accordance with section 150 

13 of this title; and 

14 ‘‘(iii) an assessment of social out15 comes and impact that may result from the 

16 pilot measures as well as estimated savings 

17 to Federal, State and local social service 

18 subsidy programs, as well as other costs 

19 avoided and new tax revenues attributable 

20 to increased connectivity. 

21 ‘‘(C) POTENTIAL RULEMAKING.—Within 

22 two years of the publication of the Connection 

23 to Opportunity Final Report, the Secretary, in 

24 consultation with State Departments of Trans25 portation, metropolitan planning organizations, 


dlhill on DSK7TPTVN1PROD with BILLS
122 

•HR 4834 IH

1 and other stakeholders, may promulgate a rule2 making that establishes performance measures 

3 and standards.’’. 

4 SEC. 1210. PERFORMANCE-BASED PROJECT SELECTION. 

5 (a) SECTION 134 AMENDMENT.—Section 

6 134(j)(2)(D) of title 23, United States Code, is amended 

7 to read as follows: 

8 ‘‘(D) PERFORMANCE TARGET ACHIEVE9 MENT.—In adding projects to a transportation 

10 improvement program, a metropolitan planning 

11 organization shall create a process to evaluate 

12 and select each project or collection of projects 

13 based on the project’s (or collection of 

14 projects′′) inclusion of elements that are known 

15 to support, or will foreseeably support outcomes 

16 that will achieve the performance targets estab17 lished in the metropolitan transportation plan 

18 by the metropolitan planning organization in 

19 accordance with subsection (h)(2)(B).’’. 

20 (b) SECTION 135 AMENDMENT.—Section 135(g)(4) 

21 of title 23, United States Code, is amended to read as 

22 follows: 

23 ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.— 

24 In adding projects to a State transportation im25 provement program, a State shall create a process to 


dlhill on DSK7TPTVN1PROD with BILLS
123 

•HR 4834 IH

1 evaluate and select each project or collection of 

2 projects based on the project’s (or collection of 

3 projects′′) inclusion of elements that are known to 

4 support, or will foreseeably support, outcomes that 

5 will achieve the performance targets established in 

6 the long-range statewide transportation plan in ac7 cordance with subsection (f)(7)(A).’’. 

8 (c) SECTION 5303 AMENDMENT.—Section 

9 5303(j)(2)(D) of title 49, United States Code, is amended 

10 to read as follows: 

11 ‘‘(D) PERFORMANCE TARGET ACHIEVE12 MENT.—In adding projects to a transportation 

13 improvement program, a metropolitan planning 

14 organization shall create a process to evaluate 

15 and select each project or collection of projects 

16 based on the project’s (or collection of 

17 projects′′) inclusion of elements that are known 

18 to support, or will foreseeably support outcomes 

19 that will achieve the performance targets estab20 lished in the metropolitan transportation plan 

21 by the metropolitan planning organization in 

22 accordance with section 134(h)(2)(B) of title 

23 23.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
124 

•HR 4834 IH

1 (d) SECTION 5304 AMENDMENT.—Section 

2 5304(g)(4) of title 49, United States Code, is amended 

3 to read as follows: 

4 ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.— 

5 In adding projects to a State transportation im6 provement program, a State shall create a process to 

7 evaluate and select each project or collection of 

8 projects based on the project’s (or collection of 

9 projects′′) inclusion of elements that are known to 

10 support, or will foreseeably support, outcomes that 

11 will achieve the performance targets established in 

12 the long-range statewide transportation plan in ac13 cordance with section 135(f)(7)(A) of title 23.’’. 

14 SEC. 1211. STORMWATER PLANNING. 

15 (a) SECTION 134 AMENDMENT.—Section 134(h)(1) 

16 of title 23, United States Code, is amended— 

17 (1) in subparagraph (G), by striking ‘‘; and’’ 

18 and inserting ‘‘;’’; 

19 (2) in subparagraph (H), by striking the final 

20 period and inserting ‘‘; and’’; and 

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

22 ‘‘(I) improve the resilience and reliability 

23 of the transportation system and reduce or 

24 mitigate stormwater impacts of surface trans25 portation.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
125 

•HR 4834 IH

1 (b) SECTION 135 AMENDMENT.—Section 135(d)(1) 

2 of title 23, United States Code, is amended— 

3 (1) in subparagraph (G), by striking ‘‘; and’’ 

4 and inserting ‘‘;’’; 

5 (2) in subparagraph (H), by striking the final 

6 period and inserting ‘‘; and’’; and 

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

8 ‘‘(I) improve the resilience and reliability 

9 of the transportation system and reduce or 

10 mitigate stormwater impacts of surface trans11 portation.’’. 

12 (c) SECTION 5303 AMENDMENT.—Section 

13 5303(h)(1) of title 49, United States Code, is amended— 

14 (1) in subparagraph (G), by striking ‘‘; and’’ 

15 and inserting ‘‘;’’; 

16 (2) in subparagraph (H), by striking the final 

17 period and inserting ‘‘; and’’; and 

18 (3) by inserting the following at the end: 

19 ‘‘(I) improve the resilience and reliability 

20 of the transportation system and reduce or 

21 mitigate stormwater impacts of surface trans22 portation.’’. 

23 (d) SECTION 5304 AMENDMENT.—Section 

24 5304(d)(1) of title 49, United States Code, is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
126 

•HR 4834 IH

1 (1) in subparagraph (G), by striking ‘‘; and’’ 

2 and inserting ‘‘;’’; 

3 (2) in subparagraph (H), by striking the final 

4 period and inserting ‘‘; and’’; and 

5 (3) by inserting the following at the end: 

6 ‘‘(I) improve the resilience and reliability 

7 of the transportation system and reduce or 

8 mitigate stormwater impacts of surface trans9 portation.’’. 

10 Subtitle D—Congestion Mitigation 

11 and Air Quality Improvement 

12 SEC. 1301. ELIGIBLE PROJECTS. 

13 Section 149(b) of title 23, United States Code, is 

14 amended— 

15 (1) in paragraph (1)(A)(i)(I), by inserting ‘‘in 

16 the designated nonattainment area’’ after ‘‘stand17 ard’’; 

18 (2) in paragraph (3), by inserting ‘‘or mainte19 nance’’ after ‘‘attainment,’’; 

20 (3) in paragraph (4), by striking ‘‘is likely to 

21 contribute to the attainment of a national ambient 

22 air quality standard’’ and inserting ‘‘is likely to con23 tribute to the area’s attainment or maintenance of 

24 a national ambient air quality standard’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
127 

•HR 4834 IH

1 (4) in paragraph (5), by inserting ‘‘reduces air 

2 pollution and’’ after ‘‘if the program or project’’. 

3 SEC. 1302. SPECIAL RULES. 

4 (a) TRANSFERABILITY OF CMAQ FUNDS.—Section 

5 126(a) of title 23, United States Code, is amended by in6 serting ‘‘(or, for an apportionment under section 

7 104(b)(4), 25 percent of the amount apportioned for the 

8 fiscal year)’’ after ‘‘for the fiscal year’’. 

9 (b) PM–10 NONATTAINMENT AND MAINTENANCE

10 AREAS.—Section 149(c)(1) of title 23, United States 

11 Code, is amended by striking ‘‘for ozone or carbon mon12 oxide, or both, and for PM–10 resulting from transpor13 tation activities, without regard to any limitation of the 

14 Department of Transportation relating to the type of am15 bient air quality standard such project or program ad16 dresses’’ and inserting ‘‘or maintenance for PM–10 result17 ing from transportation activities’’. 

18 SEC. 1303. PRIORITY CONSIDERATION. 

19 Section 149(g)(3) of title 23, United States Code, is 

20 amended to read as follows: 

21 ‘‘(3) PRIORITY CONSIDERATION.—States and 

22 metropolitan planning organizations shall give pri23 ority— 

24 ‘‘(A) in areas designated as nonattainment 

25 or maintenance for PM–2.5 under the Clean 


dlhill on DSK7TPTVN1PROD with BILLS
128 

•HR 4834 IH

1 Air Act (42 U.S.C. 7401 et seq.) in distributing 

2 funds received for congestion mitigation and air 

3 quality projects and programs from apportion4 ments under section 104(b)(4) to projects and 

5 programs that are likely to reduce emissions or 

6 precursor emissions of PM–2.5, including diesel 

7 retrofits; and 

8 ‘‘(B) in areas designated as nonattainment 

9 or maintenance for ozone under the Clean Air 

10 Act (42 U.S.C. 7401 et seq.) in distributing 

11 funds received for congestion mitigation and air 

12 quality projects and programs from apportion13 ments under section 104(b)(4) to projects and 

14 programs that are likely to reduce precursor 

15 emissions of ozone.’’. 

16 SEC. 1304. EVALUATION AND ASSESSMENT OF PROJECTS. 

17 Section 149(i)(1)(A) of title 23, United States Code, 

18 is amended by inserting ‘‘that would contribute to attain19 ment or maintenance of a national ambient air quality 

20 standard’’ before the period at the end. 


dlhill on DSK7TPTVN1PROD with BILLS
129 

•HR 4834 IH

1 SEC. 1305. ELECTRIC VEHICLE CHARGING STATIONS AND 

2 COMMERCIAL MOTOR VEHICLE ANTI-IDLING 

3 FACILITIES IN REST AREAS. 

4 (a) IN GENERAL.—Section 111 of title 23, United 

5 States Code, is amended by inserting at the end the fol6 lowing: 

7 ‘‘(f) ELECTRIC VEHICLE CHARGING STATIONS AND

8 COMMERCIAL MOTOR VEHICLE ANTI-IDLING FACILITIES

9 IN REST AREAS.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

11 (a), a State may— 

12 ‘‘(A) permit electric vehicle charging sta13 tions and commercial motor vehicle anti-idling 

14 facilities in a rest area along a highway on the 

15 Interstate System in the State, if such stations 

16 or facilities will not impair the highway or 

17 interfere with the free and safe flow of traffic 

18 thereon; and 

19 ‘‘(B) charge a fee, or permit the charging 

20 of a fee, for the use of such stations or facili21 ties. 

22 ‘‘(2) LIMITATION ON USE OF REVENUES.—Not23 withstanding subsection (b)(4), a State shall use any 

24 revenues received from fees collected under para25 graph (1) for projects eligible under this title.’’. 

26 (b) CONFORMING AMENDMENTS.— 


dlhill on DSK7TPTVN1PROD with BILLS
130 

•HR 4834 IH

1 (1) CONGESTION MITIGATION AND AIR QUALITY

2 IMPROVEMENT PROGRAM.—Section 149(c)(2) of title 

3 23, United States Code, is amended by striking ‘‘ex4 cept that such stations may not be established or 

5 supported where commercial establishments serving 

6 motor vehicle users are prohibited by section 111 of 

7 title 23, United States Code’’. 

8 (2) JASON’S LAW.—Section 1401(d) of the 

9 Moving Ahead for Progress in the 21st Century Act, 

10 (23 U.S.C. 137 note) is amended— 

11 (A) in paragraph (1) by striking ‘‘Except 

12 as provided in paragraph (2), a’’ and inserting 

13 ‘‘A’’; 

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

15 (C) by redesignating paragraph (3) as 

16 paragraph (2). 

17 Subtitle E—Innovative Finance 

18 and Tolling 

19 SEC. 1401. 21ST CENTURY INFRASTRUCTURE INVEST20 MENTS. 

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

22 amended by inserting the following after chapter 55: 

23 øDO¿ 


dlhill on DSK7TPTVN1PROD with BILLS
131 

•HR 4834 IH

1 ‘‘CHAPTER 56—21ST CENTURY 

2 INFRASTRUCTURE INVESTMENTS 

3 ‘‘SEC. 5601. ‘TIGER’ INFRASTRUCTURE INVESTMENT 

4 GRANTS. 

5 ‘‘(a) ESTABLISHMENT.—There is established in the 

6 Department a discretionary grant program, to be known 

7 as the ‘TIGER Infrastructure Grant Program’ and to be 

8 administered by the Secretary. 

9 ‘‘(b) PURPOSE.—Funds authorized under this section 

10 shall be available for discretionary grants to be provided 

11 on a competitive basis for projects that will have a signifi12 cant impact on the Nation, a metropolitan area, or a re13 gion. 

14 ‘‘(c) ELIGIBLE APPLICANTS.—Applicants eligible for 

15 funding under this section include State, local, and Tribal 

16 governments, including U.S. territories, transit agencies, 

17 port authorities, metropolitan planning organizations, 

18 other political subdivisions of State or local governments, 

19 and multi-State or multi-jurisdictional groups applying 

20 through a single lead applicant. 

21 ‘‘(d) ELIGIBLE PROJECTS.—Projects eligible for 

22 funding under this section include the following: 

23 ‘‘(1) Highway or bridge projects eligible under 

24 title 23, United States Code (including bicycle and 

25 pedestrian related projects). 


dlhill on DSK7TPTVN1PROD with BILLS
132 

•HR 4834 IH

1 ‘‘(2) Public transportation projects eligible 

2 under chapter 53 of title 49, United States Code. 

3 ‘‘(3) Passenger and freight rail transportation 

4 projects. 

5 ‘‘(4) Port infrastructure investments. 

6 ‘‘(5) Intermodal projects. 

7 ‘‘(6) Activities related to— 

8 ‘‘(A) the planning, preparation, or design 

9 of a single surface transportation project; or 

10 ‘‘(B) regional transportation investment 

11 planning, including transportation planning 

12 that is coordinated with interdisciplinary factors 

13 including housing development, economic com14 petitiveness, network connectivity, stormwater 

15 and other infrastructure investments, or that 

16 addresses future risks and vulnerabilities, in17 cluding extreme weather and climate change. 

18 ‘‘(e) GEOGRAPHIC DISTRIBUTION.— 

19 ‘‘(1) EQUITABLE DISTRIBUTION.—In awarding 

20 funds under this section, the Secretary shall take 

21 measures to ensure an equitable geographic distribu22 tion of funds and an appropriate balance in address23 ing the needs of urban and rural communities and 

24 the investment in a variety of transportation modes. 


dlhill on DSK7TPTVN1PROD with BILLS
133 

•HR 4834 IH

1 ‘‘(2) RURAL PROJECTS.—Not less than 20 per2 cent of the funds provided under this section shall 

3 be for projects located in rural areas. For the pur4 poses of the TIGER program, rural areas are those 

5 outside of an urbanized area as defined by the U.S. 

6 Census Bureau. 

7 ‘‘(3) LIMITATION BY STATE.—Not more than 

8 25 percent of the funds provided under this section 

9 may be awarded to projects in a single State. 

10 ‘‘(f) GRANT PROGRAM CRITERIA, SOLICITATION AND

11 AWARD.—In administering the grant program under this 

12 section, the Secretary shall, within 90 days of the enact13 ment of this section, publish grant program criteria on 

14 which to base the competition for any grants awarded 

15 under this section. 

16 ‘‘(g) PLANNING GRANTS.—The Secretary may use up 

17 to 10 percent of the funds authorized under this section 

18 to fund the activities specified in subsection (d)(6). 

19 ‘‘(h) FEDERAL SHARE.— 

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

21 costs for which an expenditure is made under this 

22 section shall be up to 80 percent. 

23 ‘‘(2) RURAL AREAS.—The Secretary may pro24 vide a Federal share of up to 100 percent for a 

25 project øin a rural area¿. 


dlhill on DSK7TPTVN1PROD with BILLS
134 

•HR 4834 IH

1 ‘‘(3) PRIORITY.—In establishing grant program 

2 criteria pursuant to subsection (g), the Secretary 

3 shall include priority for projects that request a 

4 smaller Federal share. 

5 ‘‘(i) DAVIS-BACON REQUIREMENT.—Projects con6 ducted using funds provided under this section shall com7 ply with the requirements of the Davis-Bacon Act, sub8 chapter IV of chapter 31 of title 40, United States Code. 

9 ‘‘(j) ADMINISTRATIVE EXPENSES.— 

10 ‘‘(1) IN GENERAL.—The Secretary may use up 

11 to 1.5 percent of the funds authorized under this 

12 section to administer— 

13 ‘‘(A) the grant program authorized under 

14 this section; 

15 ‘‘(B) the Supplemental Discretionary 

16 Grants for a National Surface Transportation 

17 System provided for in Public Law 111–5; and 

18 ‘‘(C) the National Infrastructure Invest19 ments provided for in Public Laws 111–117, 

20 112–10, and 113–6. 

21 ‘‘(2) AVAILABILITY.—The funds made available 

22 under paragraph (1) shall remain available until ex23 pended. 

24 ‘‘(k) TIFIA SUBSIDY AND ADMINISTRATIVE

25 COSTS.—The Secretary may use up to 10 percent of the 


dlhill on DSK7TPTVN1PROD with BILLS
135 

•HR 4834 IH

1 funds authorized under this section to pay the subsidy and 

2 administrative costs of projects eligible for Federal credit 

3 assistance under chapter 6 of title 23, United States Code, 

4 if the Secretary finds that the use of the funds would ad5 vance the purposes of this section. 

6 ‘‘(l) TRANSFER AUTHORITY.—Funds authorized 

7 under this section may be transferred within the Depart8 ment and administered in accordance with the require9 ments of title 23 or 49 of the United States Code applica10 ble to the agency to which the funds are transferred and 

11 any other requirements applicable to the project. 

12 ‘‘(m) INTERAGENCY COORDINATION AND COOPERA13 TION.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall coordi15 nate and cooperate with other Federal agencies in 

16 carrying out the grant program authorized under 

17 this section if the Secretary finds that such coordi18 nation and cooperation would advance the purposes 

19 of this section. 

20 ‘‘(2) INTERAGENCY AUTHORITY.—The Sec21 retary may accept and provide services from other 

22 Federal agencies with or without reimbursement in 

23 order to further the purposes of this section. 

24 ‘‘(3) INTERAGENCY DELEGATION OF AUTHOR25 ITY.—The Secretary may delegate the authority to 


dlhill on DSK7TPTVN1PROD with BILLS
136 

•HR 4834 IH

1 issue or administer grants pursuant to this section 

2 to other Federal agencies in the interest of adminis3 trative or programmatic efficiency if the Secretary 

4 finds that such delegation would advance the pur5 poses of this section. 

6 ‘‘(n) AUTHORIZATIONS.— 

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

8 appropriated from the Multimodal Account of the 

9 Transportation Trust Fund to carry out this sec10 tion— 

11 ‘‘(A) $1,250,000,000 for fiscal year 2015; 

12 ‘‘(B) $1,250,000,000 for fiscal year 2016; 

13 ‘‘(C) $1,250,000,000 for fiscal year 2017; 

14 and 

15 ‘‘(D) $1,250,000,000 for fiscal year 2018. 

16 ‘‘(2) AVAILABILITY.—Funds authorized under 

17 this subsection— 

18 ‘‘(A) shall be available for obligation on 

19 October 1 of the fiscal year for which they are 

20 authorized; and 

21 ‘‘(B) except as specified in subsection (j), 

22 shall remain available for obligation for a period 

23 of 2 years after the year for which they are au24 thorized. 


dlhill on DSK7TPTVN1PROD with BILLS
137 

•HR 4834 IH

1 ‘‘SEC. 5602. FIXING AND ACCELERATING SURFACE TRANS2 PORTATION GRANTS. 

3 ‘‘(a) ESTABLISHMENT.—There is established in the 

4 Department a discretionary grant program, to be known 

5 as the ‘FAST Grant Program’ and to be administered by 

6 the Secretary. The program shall be a competitive pro7 gram and designed to reform the way transportation in8 vestments and decisions are made, implemented, and 

9 funded to achieve National transportation outcomes, by 

10 promoting the implementation of policies and procedures 

11 that generate long-term, institutionalized changes, and 

12 support performance-based management of the transpor13 tation system to improve transportation outcomes. 

14 ‘‘(b) BEST PRACTICES.—Evaluations of applications 

15 for funding under this section shall be based in part on 

16 the extent to which the applicant has adopted or imple17 mented best practices, including— 

18 ‘‘(1) commitment to sustainable and innovative 

19 non-Federal sources of transportation funding, in20 cluding value capture and authority for local govern21 ments to raise funding for transportation, that pro22 vide flexibility to make investments across all modes 

23 of transportation and convey the full social cost of 

24 travel decisions to users; 

25 ‘‘(2) development and incorporation of analyt26 ical tools in the investment decisionmaking process, 


dlhill on DSK7TPTVN1PROD with BILLS
138 

•HR 4834 IH

1 including benefit cost analysis; other economic anal2 yses; watershed-driven web-based geographic infor3 mation systems; and use of innovations in design, 

4 procurement and purchasing to improve project de5 livery and efficiency and reduce costs; 

6 ‘‘(3) use of operating practices and deployment 

7 of technologies that increase the efficient use of 

8 transportation system capacity and reduce the need 

9 to invest in new highway capacity; 

10 ‘‘(4) adoption of laws, rules and regulations, 

11 and commitment of resources toward practices that 

12 have been demonstrated to reduce transportation-re13 lated fatalities and injuries; 

14 ‘‘(5) integration of transportation planning and 

15 investment decisions with other land-use and eco16 nomic development decisions, including water infra17 structure and broadband deployment, to improve 

18 connectivity and accessibility and to focus transpor19 tation investments near existing infrastructure; 

20 ‘‘(6) adoption of laws, regulations, and prac21 tices that have been demonstrated to reduce energy 

22 use, improve air and water quality, reduce or miti23 gate stormwater impacts, promote long-term man24 agement of stormwater from surface transportation 

25 assets, reduce greenhouse gas emissions, improve 


dlhill on DSK7TPTVN1PROD with BILLS
139 

•HR 4834 IH

1 community adaptability and resilience, enhance com2 munity health and quality of life, and expand trans3 portation choices; and 

4 ‘‘(7) improvements to regional governance that 

5 increase metropolitan planning organization capacity 

6 and strengthens local and stakeholder input, particu7 larly traditionally underrepresented populations, into 

8 project selection. 

9 ‘‘(c) ELIGIBLE APPLICANTS.—States, the District of 

10 Columbia, Puerto Rico, U.S. territories (as defined in sec11 tion 165(c) of title 23, United States Code), Tribal gov12 ernments, and metropolitan planning organizations are eli13 gible applicants for funding under this section, provided 

14 that— 

15 ‘‘(1) States, the District of Columbia, Puerto 

16 Rico, U.S. territories, and Tribal applicants dem17 onstrate meaningful participation of metropolitan 

18 planning organizations, local governments, or transit 

19 agencies within the applicant’s jurisdiction in the de20 velopment of the application; 

21 ‘‘(2) metropolitan planning organizations in22 clude, as partners in their applications, the State (or 

23 the District of Columbia, as appropriate), local gov24 ernments, or transit agencies required to carry out 

25 the best practices relied on in their application; and 


dlhill on DSK7TPTVN1PROD with BILLS
140 

•HR 4834 IH

1 ‘‘(3) the applicant has experience in successfully 

2 and independently administering Federal-aid high3 way or transit programs or projects. 

4 ‘‘(d) LIST OF PROJECTS.—Applicants shall submit a 

5 program of transportation projects that are related to the 

6 best practices identified in subsection (b) to demonstrate 

7 how funds, if awarded under this section, will be spent. 

8 The list of projects shall— 

9 ‘‘(1) with regard to State applications, be devel10 oped with, and include priorities of, metropolitan 

11 planning organizations within the applicant’s juris12 diction as identified in the metropolitan planning 

13 organization′′ Transportation Improvement Pro14 grams; 

15 ‘‘(2) demonstrate strong return on investment 

16 and competitive value for taxpayer money by means 

17 of a benefit-cost analysis and consideration of alter18 natives; and 

19 ‘‘(3) further the best practices and reform ini20 tiatives identified under subsection (b) and relied 

21 upon in the application. 

22 ‘‘(e) AWARD OF FUNDS.—The Federal Highway Ad23 ministrator and Federal Transit Administrator shall— 

24 ‘‘(1) competitively award funds under this sec25 tion in one fiscal year or over multiple fiscal years; 


dlhill on DSK7TPTVN1PROD with BILLS
141 

•HR 4834 IH

1 ‘‘(2) withhold a reasonable amount of funds 

2 under this section for administration of the program, 

3 but not to exceed $25,000,000 per year; 

4 ‘‘(3) devise a methodology for the size of 

5 awards under this program based on an applicant’s 

6 share of the Federal transportation allocated or for7 mula funding, subject to the provision in paragraph 

8 (4); 

9 ‘‘(4) make awards of no less than $50,000,000, 

10 except that this paragraph shall not apply to awards 

11 made to a Tribal government or a U.S. territory; 

12 and 

13 ‘‘(5) in awarding funds under this section 

14 (other than under subsection (j)), ensure an appro15 priate balance in addressing the needs of urban and 

16 rural communities. 

17 ‘‘(f) ELIGIBLE ACTIVITIES.—Funds provided under 

18 this program shall be used for capital or planning expenses 

19 for— 

20 ‘‘(1) highway or bridge projects eligible for 

21 funding under title 23, United States Code (includ22 ing bicycle and pedestrian-related projects); 

23 ‘‘(2) public transportation projects eligible for 

24 funding under chapter 53 of title 49, United States 

25 Code; 


dlhill on DSK7TPTVN1PROD with BILLS
142 

•HR 4834 IH

1 ‘‘(3) passenger and freight rail transportation 

2 projects; 

3 ‘‘(4) maritime port infrastructure investments 

4 eligible for funding under chapter 503 of title 46; 

5 ‘‘(5) domestic short sea shipping projects eligi6 ble for funding under chapter 556 of title 46; and 

7 ‘‘(6) intermodal projects combining any of the 

8 above. 

9 ‘‘(g) CRITERIA FOR GRANT SELECTION.—In award10 ing a grant under this subsection, the Secretary shall con11 sider the extent to which the application— 

12 ‘‘(1) demonstrates the greatest performance as 

13 well as applicants that have made the greatest 

14 progress in implementing the best practices listed in 

15 subsection (b); 

16 ‘‘(2) promotes National transportation prior17 ities, including— 

18 ‘‘(A) reducing transportation fatalities and 

19 serious injuries; 

20 ‘‘(B) strengthening economic competitive21 ness, including multimodal goods movement and 

22 coordination of transportation and economic de23 velopment investments; 


dlhill on DSK7TPTVN1PROD with BILLS
143 

•HR 4834 IH

1 ‘‘(C) improving the state of repair of the 

2 transportation system and enhancing commu3 nity adaptability and resilience; 

4 ‘‘(D) enhancing community health and im5 proving quality of life by increasing access to 

6 active transportation infrastructure, jobs and 

7 essential services, particularly for under-served 

8 populations; 

9 ‘‘(E) improving asset performance by re10 ducing congestion through demand management 

11 strategies, particularly strategies that curb de12 mand for single occupancy vehicle travel; 

13 ‘‘(F) improving the efficiency of project de14 velopment and system performance and reduc15 ing the cost of projects and maintenance of the 

16 transportation system; and 

17 ‘‘(G) adoption of laws, regulations, and 

18 practices that have been demonstrated to re19 duce energy use, improve air and water quality, 

20 reduce or mitigate stormwater impacts, promote 

21 long-term management of stormwater from sur22 face transportation assets, reduce greenhouse 

23 gas emissions, improve community adaptability 

24 and resilience, encourage groundwater recharge, 


dlhill on DSK7TPTVN1PROD with BILLS
144 

•HR 4834 IH

1 enhance community health and quality of life, 

2 and expand transportation choices; and 

3 ‘‘(3) meets other criteria the Secretary requires. 

4 ‘‘(h) FUNDING.— 

5 ‘‘(1) AUTHORIZED FUNDING.—There is author6 ized to be appropriated for each of fiscal years 2015 

7 through 2018 to carry out this section— 

8 ‘‘(A) $500,000,000 from the Highway Ac9 count of the Transportation Trust Fund; and 

10 ‘‘(B) $500,000,000 from the Mass Transit 

11 Account of the Transportation Trust Fund. 

12 ‘‘(2) OBLIGATION.— 

13 ‘‘(A) IN GENERAL.—The funds authorized 

14 by paragraph (1) shall be— 

15 ‘‘(i) available for obligation on Octo16 ber 1 of the fiscal year for which they are 

17 authorized; 

18 ‘‘(ii) available for obligation for a pe19 riod of 3 years after the last day of the fis20 cal year for which the funds are author21 ized; and 

22 ‘‘(iii) subject to the limitation on obli23 gations under subparagraph (B). 

24 ‘‘(B) OBLIGATION LIMITATION.—Notwith25 standing any other provision of law, in each of 


dlhill on DSK7TPTVN1PROD with BILLS
145 

•HR 4834 IH

1 fiscal years 2015 through 2018, obligations for 

2 the program under this section shall not ex3 ceed— 

4 ‘‘(i) $1,000,000,0000; plus 

5 ‘‘(ii) any amount remaining available 

6 for obligation under the program from 

7 prior fiscal years. 

8 ‘‘(3) FEDERAL SHARE.—The Federal share for 

9 projects funded under this section may be up to 100 

10 percent. 

11 ‘‘(i) TRANSFER AUTHORITY.—Funds authorized 

12 under this section may be transferred within the Depart13 ment and administered in accordance with the require14 ments of title 23 or 49 of the United States Code applica15 ble to the agency to which the funds are transferred and 

16 any other requirements applicable to the project. 

17 ‘‘(j) METROPOLITAN MOBILITY PROGRAM.— 

18 ‘‘(1) ESTABLISHMENT.—The Secretary shall es19 tablish a metropolitan mobility program under this 

20 subsection. 

21 ‘‘(2) RESERVATION OF FUNDS.—The Secretary 

22 shall reserve up to $1,000,000,000 made available 

23 under this section over the period of fiscal years 

24 2015 through 2018 for the program under this sub25 section. Any funds reserved under this paragraph 


dlhill on DSK7TPTVN1PROD with BILLS
146 

•HR 4834 IH

1 and not allocated under paragraph (3) shall be avail2 able for the FAST Grant Program. 

3 ‘‘(3) ALLOCATION OF FUNDS.— 

4 ‘‘(A) AMOUNT AVAILABLE FOR ALLOCA5 TION.— 

6 ‘‘(i) IN GENERAL.—The amount of 

7 funding available to be allocated under this 

8 subsection for a fiscal year for use in an 

9 urbanized area with a population over 

10 200,000 individuals shall be— 

11 ‘‘(I) $250,000,000; multiplied by 

12 ‘‘(II) the ratio that— 

13 ‘‘(aa) the population of such 

14 urbanized area; bears to 

15 ‘‘(bb) the total population of 

16 all urbanized areas with popu17 lations of over 200,000 individ18 uals. 

19 ‘‘(ii) ADJUSTMENTS TO AMOUNTS.— 

20 Notwithstanding clause (i), the Secretary 

21 shall adjust the amounts determined under 

22 clause (i) as follows: 

23 ‘‘(I) MINIMUM AMOUNT.—The 

24 amount available to be allocated under 

25 this subsection for a fiscal year for 


dlhill on DSK7TPTVN1PROD with BILLS
147 

•HR 4834 IH

1 use in an urbanized area with a popu2 lation over 200,000 individuals shall 

3 not be less than $1,000,000. 

4 ‘‘(II) MAXIMUM AMOUNT.—The 

5 amount available to be allocated under 

6 this subsection for a fiscal year for 

7 use in an urbanized area with a popu8 lation over 200,000 individuals shall 

9 not be greater than $3,000,000. 

10 ‘‘(B) AMOUNT TO ALLOCATE.—In a fiscal 

11 year the Secretary shall make available to a 

12 State, for use in an urbanized area served by a 

13 high performing metropolitan planning organi14 zation, an amount of funds under this sub15 section equal to— 

16 ‘‘(i) the amount available for alloca17 tion for that fiscal year in that urbanized 

18 area under subparagraph (A); plus 

19 ‘‘(ii) any amounts available for alloca20 tion in that urbanized area under that sub21 paragraph for any prior fiscal years— 

22 ‘‘(I) beginning with fiscal year 

23 2015; and 


dlhill on DSK7TPTVN1PROD with BILLS
148 

•HR 4834 IH

1 ‘‘(II) in which the urbanized area 

2 was not served by a high performing 

3 metropolitan planning organization. 

4 ‘‘(4) ELIGIBLE USES OF FUNDS.—Funds pro5 vided under this subsection may be used— 

6 ‘‘(A) for any project or activity eligible 

7 under title 23; 

8 ‘‘(B) for any project or activity eligible 

9 under chapter 53, title 49 ; or 

10 ‘‘(C) notwithstanding any other provision 

11 of law, to pay the non-Federal share of the cost 

12 of any project or activity funded under chapter 

13 53 or 56 of this title or under title 23. 

14 ‘‘(5) HIGH PERFORMING METROPOLITAN PLAN15 NING ORGANIZATION DEFINED.—In this subsection, 

16 the term ‘high performing metropolitan planning or17 ganization’ means a metropolitan planning organiza18 tion that the Secretary has designated as high per19 forming under section 134(r) of title 23 or section 

20 5303(r) of this title.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis of 

22 subtitle III of title 49, United States Code, is amended 

23 by inserting the following after the item relating to chap24 ter 55: 

‘‘56. 21st Century Infrastructure investments ........................................ 5601.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
149 

•HR 4834 IH

1 SEC. 1402. TRANSPORTATION INFRASTRUCTURE FINANCE 

2 AND INNOVATION ACT OF 1998 AMENDMENTS. 

3 (a) DEFINITIONS.— 

4 (1) MASTER CREDIT AGREEMENTS.—Section 

5 601(a)(10) of title 23, United States Code, is 

6 amended to read as follows: 

7 ‘‘(10) MASTER CREDIT AGREEMENT.—The term 

8 ‘master credit agreement’ means a conditional agree9 ment to extend credit assistance for a program of re10 lated projects secured by a common security pledge 

11 (which shall receive an investment grade rating from 

12 a rating agency) prior to the Secretary entering into 

13 such master credit agreement under section 

14 602(b)(2)(A), or for a single project covered under 

15 section 602(b)(2)(B) that does not provide for a cur16 rent obligation of Federal funds and that would— 

17 ‘‘(A) make contingent commitments of 1 or 

18 more secured loans or other Federal credit in19 struments at future dates, subject to the avail20 ability of future funds being made available to 

21 carry out this chapter and subject to the satis22 faction of all the conditions for the provision of 

23 credit assistance under this chapter, including 

24 section 603(b)(1); 


dlhill on DSK7TPTVN1PROD with BILLS
150 

•HR 4834 IH

1 ‘‘(B) establish the maximum amounts and 

2 general terms and conditions of the secured 

3 loans or other Federal credit instruments; 

4 ‘‘(C) identify the 1 or more dedicated non5 Federal revenue sources that will secure the re6 payment of the secured loans or secured Fed7 eral credit instruments; 

8 ‘‘(D) provide for the obligation of funds for 

9 the secured loans or secured Federal credit in10 struments after all requirements have been met 

11 for the projects subject to the master credit 

12 agreement, including— 

13 ‘‘(i) completion of an environmental 

14 impact statement or similar analysis re15 quired under the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 et 

17 seq.); 

18 ‘‘(ii) compliance with such other re19 quirements as are specified in this chapter, 

20 including sections 602(c) and 603(b)(1); 

21 and 

22 ‘‘(iii) the availability of funds to carry 

23 out this chapter; and 

24 ‘‘(E) require that contingent commitments 

25 result in a financial close and obligation of 


dlhill on DSK7TPTVN1PROD with BILLS
151 

•HR 4834 IH

1 credit assistance not later than 3 years after 

2 the date of entry into the master credit agree3 ment, or release of the commitment, unless oth4 erwise extended by the Secretary.’’. 

5 (2) RURAL INFRASTRUCTURE PROJECT.—Sec6 tion 601(a)(15) of title 23, United States Code, is 

7 amended to read as follows: 

8 ‘‘(15) RURAL INFRASTRUCTURE PROJECT.— 

9 The term ‘rural infrastructure project’ means a sur10 face infrastructure project located outside of a Cen11 sus Bureau-defined urbanized area.’’. 

12 (b) MASTER CREDIT AGREEMENTS.—Section 

13 602(b)(2) of title 23, United States Code is amended to 

14 read as follows: 

15 ‘‘(2) MASTER CREDIT AGREEMENTS.— 

16 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

17 The Secretary may enter into a master credit 

18 agreement for a program of related projects se19 cured by a common security pledge on terms 

20 acceptable to the Secretary. 

21 ‘‘(B) ADEQUATE FUNDING NOT AVAIL22 ABLE.—If the Secretary fully obligates funding 

23 to eligible projects in a fiscal year, and ade24 quate funding is not available to fund a credit 

25 instrument, a project sponsor of an eligible 


dlhill on DSK7TPTVN1PROD with BILLS
152 

•HR 4834 IH

1 project may elect to enter into a master credit 

2 agreement and wait to execute a credit instru3 ment until the fiscal year during which addi4 tional funds are available to receive credit as5 sistance.’’. 

6 (c) APPLICATION PROCESSING PROCEDURES.—Sec7 tion 602(d)(2) of title 23, United States Code is amended 

8 to read as follows: 

9 ‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— 

10 Not later than 60 days after the date of issuance of 

11 the written notice of a complete application under 

12 paragraph (1), the Secretary shall provide to the ap13 plicant a written notice informing the applicant 

14 whether the Secretary has approved or disapproved 

15 the application.’’. 

16 (d) AGREEMENTS.—Section 603(a)(1)(D) of title 23, 

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

18 ‘‘(D) to refinance long-term project obliga19 tions or Federal credit instruments, if the refi20 nancing provides additional demonstrated fund21 ing capacity for the completion, enhancement, 

22 or expansion of any project that— 

23 ‘‘(i) is selected under section 602; or 

24 ‘‘(ii) otherwise meets the requirements 

25 of section 602.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
153 

•HR 4834 IH

1 (e) LIMITATION ON REFINANCING OF INTERIM CON2 STRUCTION FINANCING.—Section 603(a)(2) of title 23, 

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

4 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

5 CONSTRUCTION FINANCING.—A loan under para6 graph (1) shall not refinance interim construction fi7 nancing under paragraph (1)(B): 

8 ‘‘(A) if the maturity of such interim con9 struction financing is later than one year after 

10 the substantial completion of the project, and 

11 ‘‘(B) later than one year after the date of 

12 substantial completion of the project.’’. 

13 (f) PROGRAM ADMINISTRATION.—Section 605 of title 

14 23, United States Code, is amended by inserting at the 

15 end the following: 

16 ‘‘(f) REDUCING BURDEN ON SMALL PROJECTS.— 

17 The Secretary may use up to $5,000,000 of funds made 

18 available to carry out this chapter in a fiscal year in lieu 

19 of fees collected under subsection (b) for projects under 

20 this chapter having eligible project costs that are reason21 ably anticipated not to equal or exceed $75,000,000.’’. 

22 (g) FUNDING.— 

23 (1) Section 608(a) of title 23, United States 

24 Code, is amended— 

25 (A) by striking paragraph (4); and 


dlhill on DSK7TPTVN1PROD with BILLS
154 

•HR 4834 IH

1 (B) by renumbering paragraphs (5) and 

2 (6) as (4) and (5), respectively. 

3 (2) Section 608(a)(6) of title 23, United States 

4 Code, is amended to read as follows: 

5 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

6 made available to carry out this chapter, the Sec7 retary may use not more than $10,000,000 in fiscal 

8 year 2015, $12,000,000 in fiscal year 2016, 

9 $14,000,000 in fiscal year 2017, and $15,000,000 in 

10 fiscal year 2018 for the administration of this chap11 ter.’’. 

12 SEC. 1403. RAILROAD REHABILITATION AND IMPROVE13 MENT FINANCING. 

14 (a) DEFINITIONS.—Section 501 of the Railroad Revi15 talization and Regulatory Reform Act of 1976 (45 U.S.C. 

16 821) is amended by inserting at the end the following: 

17 ‘‘(9) The term ‘railroad’ means a railroad car18 rier as that term is defined in section 20102 of title 

19 49, United States Code.’’. 

20 (b) GENERAL AUTHORITY.—Section 502(a) of the 

21 Railroad Revitalization and Regulatory Reform Act of 

22 1976 (45 U.S.C. 822(a)) is amended— 

23 (1) by striking paragraph (5) and inserting the 

24 following: 


dlhill on DSK7TPTVN1PROD with BILLS
155 

•HR 4834 IH

1 ‘‘(5) joint ventures that include at least one of 

2 the entities described in paragraphs (1) through (4) 

3 or paragraph (6) of this section; and’’; 

4 (2) in paragraph (6), by striking ‘‘second’’ and 

5 ‘‘that is served by no more than a single railroad’’; 

6 and 

7 (3) in paragraph (6), by striking ‘‘limited op8 tion rail freight shippers’’ and inserting ‘‘limited op9 tion freight shippers’’. 

10 (c) ELIGIBLE PURPOSES.—Section 502(b) of the 

11 Railroad Revitalization and Regulatory Reform Act of 

12 1976 (45 U.S.C. 822(b)) is amended— 

13 (1) in paragraph (1)(A), by striking ‘‘shops’’ 

14 and inserting ‘‘shops, inclusive of costs related to 

15 these activities, but not operating expenses’’; and 

16 (2) in paragraph (1)(B), by striking ‘‘subpara17 graph (A)’’ and inserting ‘‘subparagraph (A) or 

18 (C)’’. 

19 (d) INFRASTRUCTURE PARTNERS.—Section 502(f) of 

20 the Railroad Revitalization and Regulatory Reform Act of 

21 1976 (45 U.S.C. 822(f)) is amended— 

22 (1) in paragraph (1)— 

23 (A) by inserting ‘‘including modifications 

24 thereto’’ after ‘‘1990’’; 


dlhill on DSK7TPTVN1PROD with BILLS
156 

•HR 4834 IH

1 (B) by inserting ‘‘and modification costs’’ 

2 after ‘‘premiums’’ in the first sentence; and 

3 (C) by inserting ‘‘or modification’’ after 

4 ‘‘application’’ at the end of the first sentence; 

5 (2) in paragraph (3), by inserting ‘‘, and in the 

6 case of a modification, before the modification is ex7 ecuted’’ after ‘‘amounts’’; and 

8 (3) by striking paragraph (4). 

9 (e) CONDITIONS OF ASSISTANCE.—Section 502(h) of 

10 the Railroad Revitalization and Regulatory Reform Act of 

11 1976 (45 U.S.C. 822(h)) is amended— 

12 (1) in paragraph (2)— 

13 (A) by striking ‘‘project’’ and inserting 

14 ‘‘project, if applicable’’; 

15 (B) by striking ‘‘(2)’’ and inserting 

16 ‘‘(2)(A)’’; and 

17 (C) by inserting at the end the following: 

18 ‘‘(B) The Secretary may subordinate rights 

19 of the Secretary under any provision of title 49 

20 or title 23 of the United States Code, to the 

21 rights of the Secretary under this section and 

22 section 503 of this Act.’’; and 

23 (2) by inserting the following after subpara24 graph (3)(B): 


dlhill on DSK7TPTVN1PROD with BILLS
157 

•HR 4834 IH

1 ‘‘(4) The Secretary shall not provide assistance 

2 under this section exceeding 80 percent of the rea3 sonably anticipated eligible project costs on 

4 projects— 

5 ‘‘(A) that receive a loan for which the Gov6 ernment pays the cost as defined by section 502 

7 of the Federal Credit Reform Act; and 

8 ‘‘(B) with total eligible project costs esti9 mated to exceed $100,000,000.’’. 

10 (f) MODIFICATIONS.—Section 503(c) of the Railroad 

11 Revitalization and Regulatory Reform Act of 1976 (45 

12 U.S.C. 823(c)) is amended— 

13 (1) in paragraph (1), by striking ‘‘and’’ from 

14 the end; 

15 (2) in paragraph (2), by striking the period and 

16 inserting ‘‘; and’’; and 

17 (3) by adding the following after paragraph (2) 

18 the following: 

19 ‘‘(3) the modification cost has been covered 

20 pursuant to section 502(f).’’. 

21 (g) EVALUATION, AWARD AND OVERSIGHT

22 CHARGES.—Section 503 of the Railroad Revitalization 

23 and Regulatory Reform Act of 1976 (45 U.S.C. 823) is 

24 amended by striking subsection (k) and inserting the fol25 lowing: 


dlhill on DSK7TPTVN1PROD with BILLS
158 

•HR 4834 IH

1 ‘‘(k) CHARGES.— 

2 ‘‘(1) PURPOSE.—The Secretary may collect 

3 from each applicant a reasonable charge for— 

4 ‘‘(A) the cost of evaluating the application, 

5 amendments, modifications, and waivers includ6 ing appraisal of the value of the equipment or 

7 facilities for which the direct loan or loan guar8 antee is sought, and for making necessary de9 terminations and findings; 

10 ‘‘(B) the cost of award and project man11 agement oversight; 

12 ‘‘(C) the cost of services from expert firms, 

13 including counsel, in the field of railroad, mu14 nicipal and project finance, to assist in the un15 derwriting, auditing, servicing and exercise of 

16 rights with respect to direct loans and loan 

17 guarantees; and 

18 ‘‘(D) the cost of all other expenses in19 curred as a result of a breach of any term or 

20 condition or any event of default on a direct 

21 loan. 

22 ‘‘(2) AMOUNT.—A charge under this subsection 

23 shall not exceed one percent of the principal amount 

24 requested in the application. The Secretary shall 

25 prescribe standards for applying the charges to enVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
159 

•HR 4834 IH

1 sure that it does not prevent a Class II or Class III 

2 railroad from having adequate access to direct loans 

3 and loan guarantees under this title. 

4 ‘‘(3) FEES CREDITED TO SAFETY ACCOUNT.— 

5 Amounts collected under this subsection shall be 

6 credited directly to the Safety and Operations ac7 count of the Federal Railroad Administration, and 

8 shall remain available until expended to pay for the 

9 costs described in this subsection.’’. 

10 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary such 

12 sums as may be necessary for the cost of direct loans and 

13 loan guarantees pursuant to sections 502 through 504 of 

14 the Railroad Revitalization and Regulatory Reform Act of 

15 1976 (Public Law 94–210). 

16 SEC. 1404. STATE INFRASTRUCTURE BANK PROGRAM. 

17 Section 610 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (d)— 

20 (A) by striking paragraph (1)(A) and in21 serting in its place the following: 

22 ‘‘(A) 10 percent of the funds apportioned 

23 to the State for each fiscal year under each of 

24 sections 104(b)(1) and 104(b)(2); and’’; 


dlhill on DSK7TPTVN1PROD with BILLS
160 

•HR 4834 IH

1 (B) in paragraph (2), by striking ‘‘of fiscal 

2 years 2005 through 2009’’ and inserting ‘‘fiscal 

3 year’’; and 

4 (C) in paragraph (3), by striking ‘‘of fiscal 

5 years 2005 through 2009’’ and inserting ‘‘fiscal 

6 year’’; and 

7 (2) in subsection (k), by striking ‘‘of fiscal 

8 years 2005 through 2009’’ and inserting ‘‘fiscal 

9 year’’. 

10 SEC. 1405. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 

11 (a) TOLLING.—Section 129(a) of title 23, United 

12 States Code, is amended— 

13 (1) in paragraph (1)— 

14 (A) by striking subparagraphs (B), (G), 

15 and (H) and redesignating— 

16 (i) subparagraphs (C) through (F) as 

17 subparagraphs (B) through (E), respec18 tively; and 

19 (ii) subparagraph (I) as subparagraph 

20 (H); 

21 (B) in subparagraph (B), as redesignated, 

22 by— 

23 (i) inserting ‘‘, including such facili24 ties’’ after ‘‘tunnel’’ in the first place it ap25 pears; and 


dlhill on DSK7TPTVN1PROD with BILLS
161 

•HR 4834 IH

1 (ii) adding a comma after ‘‘Interstate 

2 System’’; and 

3 (C) by inserting after subparagraph (E), 

4 as redesignated, the following: 

5 ‘‘(F) reconstruction of a toll-free Federal6 aid highway on the Interstate System and con7 version of the highway to a toll facility, subject 

8 to the approval of the Secretary in accordance 

9 with paragraph (12); 

10 ‘‘(G) conversion of 1 or more lanes on a 

11 toll-free highway, bridge or tunnel (including 

12 highways, bridges or tunnels on the Interstate 

13 System) to a toll facility for the purpose of re14 ducing or managing high levels of congestion, 

15 subject to the approval of the Secretary in ac16 cordance with paragraph (12); and’’; 

17 (2) in paragraph (3)(A), by— 

18 (A) striking ‘‘shall use’’ and inserting 

19 ‘‘shall ensure that’’; 

20 (B) inserting ‘‘are used’’ after ‘‘toll facil21 ity’’ in the second place it appears; 

22 (C) redesignating clauses (iv) and (v) as 

23 clauses (vi) and (vii), respectively; 

24 (D) inserting after clause (iii) the fol25 lowing: 


dlhill on DSK7TPTVN1PROD with BILLS
162 

•HR 4834 IH

1 ‘‘(iv) any costs necessary for the im2 provement and operation of public trans3 portation service that— 

4 ‘‘(I) is provided within the trans5 portation corridor in which the toll fa6 cility is located; or 

7 ‘‘(II) contributes to the improved 

8 operation of the toll facility or the 

9 highway on which the toll facility is 

10 located; 

11 ‘‘(v) any costs necessary for miti12 gating any adverse impacts related to the 

13 tolling of the facility and identified under 

14 the National Environmental Policy Act 

15 process as a priority by the State or public 

16 authority imposing the tolls;′′ and’’. 

17 (E) inserting ‘‘or chapter 53 of title 49’’ 

18 before the period at the end of clause (vii), as 

19 redesignated; 

20 (3) by amending paragraph (4) to read as fol21 lows: 

22 ‘‘(4) REQUIREMENTS FOR TOLLING FOR CON23 GESTION MANAGEMENT.— 

24 ‘‘(A) IN GENERAL.—A public authority 

25 with jurisdiction over a toll-free highway, 


dlhill on DSK7TPTVN1PROD with BILLS
163 

•HR 4834 IH

1 bridge, or tunnel that is converted to a toll fa2 cility that is tolled under paragraph (1)(G) 

3 shall manage the demand to use the facility by 

4 varying the toll amount that is charged. 

5 ‘‘(B) HOV FACILITIES.—A high occupancy 

6 vehicle facility converted to a toll facility under 

7 paragraph (1)(G) shall be subject to the re8 quirements of section 166 of this title.’’; 

9 (4) by redesignating paragraph (10) as para10 graph (11); 

11 (5) by inserting after paragraph (9) the fol12 lowing: 

13 ‘‘(10) ELECTRONIC TOLL COLLECTION.—Fees 

14 collected from motorists using a toll facility that is 

15 tolled pursuant to this section and opened to traffic 

16 on or after October 1, 2015, shall be collected only 

17 through the use of noncash electronic technology 

18 that optimizes the free flow of traffic on the toll fa19 cility.’’; and 

20 (6) by inserting at the end the following: 

21 ‘‘(12) APPROVAL.—A facility tolled under para22 graph (1)(F) or (1)(G) shall receive the approval of 

23 the Secretary according to criteria that the Sec24 retary shall publish in the Federal Register.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
164 

•HR 4834 IH

1 (b) FERRY BOATS.—Section 129(c)(2) of title 23, 

2 United States Code, is amended by inserting ‘‘, ferry boats 

3 carrying commercial motor vehicles and passengers,’’ be4 fore the phrase ‘‘and ferry boats carrying passengers 

5 only.’’. 

6 (c) INTERSTATE SYSTEM RECONSTRUCTION AND RE7 HABILITATION PILOT PROGRAM.—Section 1216(b) of the 

8 Transportation Equity Act for the 21st Century (Public 

9 Law 105–178) is repealed. 

10 SEC. 1406. TAX-EXEMPT FINANCING FOR QUALIFIED SUR11 FACE TRANSPORTATION PROJECTS. 

12 Section 142(m)(2)(A) of the Internal Revenue Code 

13 of 1986 (26 U.S.C 142(m)(2)(A)) is amended by striking 

14 ‘‘$15,000,000,000’’ and inserting ‘‘$19,000,000,000’’. 

15 SEC. 1407. PAY FOR SUCCESS. 

16 To the extent practicable, the Secretary shall encour17 age the use of pay for success contracting in the imple18 mentation of the programs administered by the Depart19 ment. 


dlhill on DSK7TPTVN1PROD with BILLS
165 

•HR 4834 IH

1 TITLE II—FEDERAL-AID 

2 HIGHWAYS 

3 Subtitle A—Authorizations and 

4 Programs 

5 SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—The following sums are author7 ized to be appropriated out of the Highway Account of 

8 the Transportation Trust Fund: 

9 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 

10 the national highway performance program under 

11 section 119 of title 23, United States Code, the sur12 face transportation program under section 133 of 

13 such title, the highway safety improvement program 

14 under section 148 of such title, the congestion miti15 gation and air quality improvement program under 

16 section 149 of such title, and to carry out section 

17 134 of such title— 

18 (A) $38,540,000,000 for fiscal year 2015; 

19 (B) $39,313,000,000 for fiscal year 2016; 

20 (C) $40,102,000,000 for fiscal year 2017; 

21 and 

22 (D) $40,904,000,000 for fiscal year 2018. 

23 (2) CRITICAL IMMEDIATE INVESTMENTS PRO24 GRAM.—For the critical immediate investments pro25 gram under section 2012 of this Act— 


dlhill on DSK7TPTVN1PROD with BILLS
166 

•HR 4834 IH

1 (A) $4,850,000,000 for fiscal year 2015; 

2 (B) $3,850,000,000 for fiscal year 2016; 

3 (C) $2,850,000,000 for fiscal year 2017; 

4 and 

5 (D) $1,850,000,000 for fiscal year 2018. 

6 (3) FEDERAL LANDS AND TRIBAL TRANSPOR7 TATION PROGRAMS.— 

8 (A) TRIBAL TRANSPORTATION PRO9 GRAM.—For the Tribal transportation program 

10 under section 202 of title 23, United States 

11 Code— 

12 (i) $507,000,000 for fiscal year 2015; 

13 (ii) $517,000,000 for fiscal year 2016; 

14 (iii) $527,000,000 for fiscal year 

15 2017; and 

16 (iv) $538,000,000 for fiscal year 

17 2018. 

18 (B) FEDERAL LANDS TRANSPORTATION

19 PROGRAM.—For the Federal lands transpor20 tation program under section 203 of such 

21 title— 

22 (i) $370,000,000 for fiscal year 2015; 

23 (ii) $377,000,000 for fiscal year 2016; 

24 (iii) $385,000,000 for fiscal year 

25 2017; and 


dlhill on DSK7TPTVN1PROD with BILLS
167 

•HR 4834 IH

1 (iv) $393,000,000 for fiscal year 

2 2018, 

3 of which 5 percent of the amount made avail4 able for each fiscal year shall be for the United 

5 States Army Corps of Engineers; 15 percent of 

6 the amount made available for each fiscal year 

7 shall be for the United States Forest Service; 

8 and 80 percent of the amount made available 

9 for each fiscal year shall be for the Department 

10 of the Interior and divided by the Secretary of 

11 the Interior, with notification to the Secretary, 

12 among the National Park Service, the Fish and 

13 Wildlife Service, the Bureau of Land Manage14 ment, and the Bureau of Reclamation. 

15 (C) FEDERAL LANDS ACCESS PROGRAM.— 

16 For the Federal lands access program under 

17 section 204 of such title— 

18 (i) $250,000,000 for fiscal year 2015; 

19 (ii) $255,000,000 for fiscal year 2016; 

20 (iii) $260,000,000 for fiscal year 

21 2017; and 

22 (iv) $265,000,000 for fiscal year 

23 2018. 

24 (D) NATIONALLY SIGNIFICANT FEDERAL

25 LANDS AND TRIBAL PROJECTS PROGRAM.—For 


dlhill on DSK7TPTVN1PROD with BILLS
168 

•HR 4834 IH

1 the nationally significant Federal lands and 

2 Tribal projects program under section 2008 of 

3 this Act, $150,000,000 for each of fiscal years 

4 2015 through 2018. 

5 (4) TRANSPORTATION INFRASTRUCTURE FI6 NANCE AND INNOVATION PROGRAM.—For credit as7 sistance under the transportation infrastructure fi8 nance and innovation program under chapter 6 of 

9 such title, $1,000,000,000 for each of fiscal years 

10 2015 through 2018. 

11 (5) FEDERAL ALLOCATION PROGRAMS.— 

12 (A) ON-THE-JOB TRAINING.—For surface 

13 transportation and technology training and 

14 summer transportation institutes under section 

15 140(b) of such title— 

16 (i) $11,000,000 for fiscal year 2015; 

17 (ii) $11,000,000 for fiscal year 2016; 

18 (iii) $11,000,000 for fiscal year 2017; 

19 and 

20 (iv) $12,000,000 for fiscal year 2018. 

21 (B) DISADVANTAGED BUSINESS ENTER22 PRISES.—For training programs and assistance 

23 programs under section 140(c) of such title— 

24 (i) $11,000,000 for fiscal year 2015; 

25 (ii) $11,000,000 for fiscal year 2016; 


dlhill on DSK7TPTVN1PROD with BILLS
169 

•HR 4834 IH

1 (iii) $11,000,000 for fiscal year 2017; 

2 and 

3 (iv) $12,000,000 for fiscal year 2018. 

4 (C) HIGHWAY USE TAX EVASION

5 PROJECTS.—For highway use tax evasion 

6 projects under section 143 of such title, 

7 $10,000,000 for each of fiscal years 2015 

8 through 2018. 

9 (D) CONSTRUCTION OF FERRY BOATS AND

10 FERRY TERMINAL FACILITIES.—For the con11 struction of ferry boats and ferry terminal fa12 cilities under section 147 of such title— 

13 (i) $67,000,000 for fiscal year 2015; 

14 (ii) $68,000,000 for fiscal year 2016; 

15 (iii) $70,000,000 for fiscal year 2017; 

16 and 

17 (iv) $71,000,000 for fiscal year 2018. 

18 (E) PERFORMANCE MANAGEMENT DATA

19 SUPPORT PROGRAM.—For the performance 

20 management data support program under sec21 tion 150(f) of title 23, United States Code, 

22 $10,000,000 for each of fiscal years 2015 

23 through 2018. 

24 (F) TERRITORIAL AND PUERTO RICO

25 HIGHWAY PROGRAM.—For the territorial and 


dlhill on DSK7TPTVN1PROD with BILLS
170 

•HR 4834 IH

1 Puerto Rico highway program under section 

2 165 of such title— 

3 (i) $190,000,000 for fiscal year 2015; 

4 (ii) $194,000,000 for fiscal year 2016; 

5 (iii) $198,000,000 for fiscal year 

6 2017; and 

7 (iv) $202,000,000 for fiscal year 

8 2018. 

9 (G) SAFETY OUTREACH, TRAINING, AND

10 EDUCATION ACTIVITIES.—$3,000,000 for each 

11 of fiscal years 2015 through 2018 for safety 

12 outreach, training, and education activities. 

13 (H) JOBS-DRIVEN SKILLS AND OPPOR14 TUNITY PROGRAMS.—$100,000,000 in each of 

15 fiscal years 2015 through 2018, of which— 

16 (i) $30,000,000 for each such fiscal 

17 year shall be for the jobs-driven skills 

18 training program under section 140(b) of 

19 such title (as added by section 1208 of this 

20 Act); and 

21 (ii) $70,000,000 for each such fiscal 

22 year shall be for the connection to oppor23 tunity pilot program under section 134(q) 

24 of such title and section 5303(q) of title 


dlhill on DSK7TPTVN1PROD with BILLS
171 

•HR 4834 IH

1 49, United States Code (as added by sec2 tion 1209 of this Act). 

3 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

4 (1) DEFINITIONS.—In this subsection, the fol5 lowing definitions apply: 

6 (A) SMALL BUSINESS CONCERN.— 

7 (i) IN GENERAL.—The term ‘‘small 

8 business concern’’ means a small business 

9 concern as the term is used in section 3 of 

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

11 (ii) EXCLUSIONS.—The term ‘‘small 

12 business concern’’ does not include any 

13 concern or group of concerns controlled by 

14 the same socially and economically dis15 advantaged individual or individuals that 

16 have average annual gross receipts during 

17 the preceding 3 fiscal years in excess of 

18 $22,410,000, as adjusted annually by the 

19 Secretary for inflation. 

20 (B) SOCIALLY AND ECONOMICALLY DIS21 ADVANTAGED INDIVIDUALS.—The term ‘‘so22 cially and economically disadvantaged individ23 uals’’ has the meaning given the term in section 

24 8(d) of the Small Business Act (15 U.S.C. 

25 637(d)) and relevant subcontracting regulations 


dlhill on DSK7TPTVN1PROD with BILLS
172 

•HR 4834 IH

1 issued pursuant to that Act, except that women 

2 shall be presumed to be socially and economi3 cally disadvantaged individuals for purposes of 

4 this subsection. 

5 (2) AMOUNTS FOR SMALL BUSINESS CON6 CERNS.—Except to the extent that the Secretary de7 termines otherwise, not less than 10 percent of the 

8 amounts made available for any program under ti9 tles II and III of this Act and section 403 of title 

10 23, United States Code, shall be expended through 

11 small business concerns owned and controlled by so12 cially and economically disadvantaged individuals. 

13 (3) ANNUAL LISTING OF DISADVANTAGED BUSI14 NESS ENTERPRISES.—Each State that receives 

15 funds under title II of this Act, title III of this Act, 

16 or section 403 of title 23, United States Code, shall 

17 annually— 

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

19 business concerns referred to in paragraph (2) 

20 in the State, including the location of the small 

21 business concerns in the State; and 

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

23 percentage of the small business concerns that 

24 are controlled by— 

25 (i) women; 


dlhill on DSK7TPTVN1PROD with BILLS
173 

•HR 4834 IH

1 (ii) socially and economically dis2 advantaged individuals (other than 

3 women); and 

4 (iii) individuals who are women and 

5 are otherwise socially and economically dis6 advantaged individuals. 

7 (4) UNIFORM CERTIFICATION.— 

8 (A) IN GENERAL.—The Secretary shall es9 tablish minimum uniform criteria for use by 

10 State governments in certifying whether a con11 cern qualifies as a small business concern for 

12 the purpose of this subsection. 

13 (B) INCLUSIONS.—The minimum uniform 

14 criteria established under subparagraph (A) 

15 shall include, with respect to a potential small 

16 business concern— 

17 (i) on-site visits; 

18 (ii) personal interviews with personnel; 

19 (iii) issuance or inspection of licenses; 

20 (iv) analyses of stock ownership; 

21 (v) listings of equipment; 

22 (vi) analyses of bonding capacity; 

23 (vii) listings of work completed; 

24 (viii) examination of the resumes of 

25 principal owners; 


dlhill on DSK7TPTVN1PROD with BILLS
174 

•HR 4834 IH

1 (ix) analyses of financial capacity; and 

2 (x) analyses of the type of work pre3 ferred. 

4 (5) REPORTING.—The Secretary shall establish 

5 minimum requirements for use by State govern6 ments in reporting to the Secretary— 

7 (A) information concerning disadvantaged 

8 business enterprise awards, commitments, and 

9 achievements; and 

10 (B) such other information as the Sec11 retary determines to be appropriate for the 

12 proper monitoring of the disadvantaged busi13 ness enterprise program. 

14 (6) COMPLIANCE WITH COURT ORDERS.—Noth15 ing in this subsection limits the eligibility of an indi16 vidual or entity to receive funds made available 

17 under titles II and III of this Act and section 403 

18 of title 23, United States Code, if the entity or per19 son is prevented, in whole or in part, from complying 

20 with paragraph (2) because a Federal court issues a 

21 final order in which the court finds that a require22 ment or the implementation of paragraph (2) is un23 constitutional. 

24 (c) CONFORMING AMENDMENTS.— 


dlhill on DSK7TPTVN1PROD with BILLS
175 

•HR 4834 IH

1 (1) PUERTO RICO AND TERRITORIAL HIGH2 WAYS.—Section 165(a) of title 23, United States 

3 Code, is amended to read as follows: 

4 ‘‘(a) DIVISION OF FUNDS.—Of funds made available 

5 for the territorial and Puerto Rico highway program— 

6 ‘‘(1) for fiscal year 2015— 

7 ‘‘(A) $150,000,000 shall be for the Puerto 

8 Rico highway program under subsection (b); 

9 and 

10 ‘‘(B) $40,000,000 shall be for the terri11 torial highway program under subsection (c); 

12 ‘‘(2) for fiscal year 2016— 

13 ‘‘(A) $153,000,000 shall be for the Puerto 

14 Rico highway program under subsection (b); 

15 and 

16 ‘‘(B) $41,000,000 shall be for the terri17 torial highway program under subsection (c); 

18 ‘‘(3) for fiscal year 2017— 

19 ‘‘(A) $156,000,000 shall be for the Puerto 

20 Rico highway program under subsection (b); 

21 and 

22 ‘‘(B) $42,000,000 shall be for the terri23 torial highway program under subsection (c); 

24 ‘‘(4) for fiscal year 2018— 


dlhill on DSK7TPTVN1PROD with BILLS
176 

•HR 4834 IH

1 ‘‘(A) $159,000,000 shall be for the Puerto 

2 Rico highway program under subsection (b); 

3 and 

4 ‘‘(B) $43,000,000 shall be for the terri5 torial highway program under subsection (c).’’. 

6 (2) DISADVANTAGED BUSINESS ENTER7 PRISES.—Section 140(c) of such title is amended by 

8 striking ‘‘From administrative funds made available 

9 under section 104(a), the Secretary shall deduct 

10 such sums as necessary, not to exceed $10,000,000 

11 per fiscal year, for the administration of this sub12 section.’’. 

13 (3) HIGHWAY USE TAX EVASION PROJECTS.— 

14 Section 143(b)(2) of such title is amended to read 

15 as follows: 

16 ‘‘(2) FUNDING.—Funds made available to carry 

17 out this section may be allocated to the Internal 

18 Revenue Service and the States at the discretion of 

19 the Secretary, except that of funds so made available 

20 for each fiscal year, $2,000,000 shall be available 

21 only to carry out intergovernmental enforcement ef22 forts, including research and training.’’. 

23 (4) CONSTRUCTION OF FERRY BOATS AND

24 FERRY TERMINAL FACILITIES.—Section 147 of such 

25 title is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
177 

•HR 4834 IH

1 (A) by striking subsection (e); and 

2 (B) by redesignating subsections (f) and 

3 (g) as subsections (e) and (f), respectively. 

4 SEC. 2002. OBLIGATION LIMITATION. 

5 (a) GENERAL LIMITATION.—Subject to subsection 

6 (e), and notwithstanding any other provision of law, the 

7 obligations for Federal-aid highway and highway safety 

8 construction programs shall not exceed— 

9 (1) $47,323,248,000 for fiscal year 2015; 

10 (2) $48,141,248,000 for fiscal year 2016; 

11 (3) $48,977,248,000 for fiscal year 2017; and 

12 (4) $49,829,248,000 for fiscal year 2018. 

13 (b) EXCEPTIONS.—The limitations under subsection 

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

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

16 (2) section 147 of the Surface Transportation 

17 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

18 Stat. 2714); 

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

20 of 1981 (95 Stat. 1701); 

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

22 Surface Transportation Assistance Act of 1982 (96 

23 Stat. 2119); 


dlhill on DSK7TPTVN1PROD with BILLS
178 

•HR 4834 IH

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

2 Surface Transportation and Uniform Relocation As3 sistance Act of 1987 (101 Stat. 198); 

4 (6) sections 1103 through 1108 of the Inter5 modal Surface Transportation Efficiency Act of 

6 1991 (105 Stat. 2027); 

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

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

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

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

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

12 of those fiscal years); 

13 (9) Federal-aid highway programs for which ob14 ligation authority was made available under the 

15 Transportation Equity Act for the 21st Century 

16 (112 Stat. 107) or subsequent Acts for multiple 

17 years or to remain available until expended, but only 

18 to the extent that the obligation authority has not 

19 lapsed or been used; 

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

21 (but, for each of fiscal years 2005 through 2012, 

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

23 of those fiscal years); 

24 (11) section 1603 of SAFETEA–LU (23 

25 U.S.C. 118 note; 119 Stat. 1248), to the extent that 


dlhill on DSK7TPTVN1PROD with BILLS
179 

•HR 4834 IH

1 funds obligated in accordance with that section were 

2 not subject to a limitation on obligations at the time 

3 at which the funds were initially made available for 

4 obligation; and 

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

6 (but, for each of fiscal years 2013 through 2018, 

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

8 of those fiscal years). 

9 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

10 For each of fiscal years 2015 through 2018, the Sec11 retary— 

12 (1) shall not distribute obligation authority pro13 vided by subsection (a) for the fiscal year for— 

14 (A) amounts authorized for administrative 

15 expenses and programs by section 104(a) of 

16 title 23, United States Code; and 

17 (B) amounts authorized for the Bureau of 

18 Transportation Statistics; 

19 (2) shall not distribute an amount of obligation 

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

21 the unobligated balance of amounts— 

22 (A) made available from the Highway 

23 Trust Fund (other than the Mass Transit Ac24 count) or from the Highway Account of the 

25 Transportation Trust Fund for Federal-aid 


dlhill on DSK7TPTVN1PROD with BILLS
180 

•HR 4834 IH

1 highway and highway safety construction pro2 grams for previous fiscal years the funds for 

3 which are allocated by the Secretary (or appor4 tioned by the Secretary under sections 202 or 

5 204 of title 23, United States Code); and 

6 (B) for which obligation authority was pro7 vided in a previous fiscal year; 

8 (3) shall determine the proportion that— 

9 (A) the obligation authority provided by 

10 subsection (a) for the fiscal year, less the aggre11 gate of amounts not distributed under para12 graphs (1) and (2) of this subsection; bears to 

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

14 appropriated for the Federal-aid highway and 

15 highway safety construction programs (other 

16 than sums authorized to be appropriated for 

17 provisions of law described in paragraphs (1) 

18 through (11) of subsection (b) and sums au19 thorized to be appropriated for section 119 of 

20 title 23, United States Code, equal to the 

21 amount referred to in subsection (b)(12) for the 

22 fiscal year), less the aggregate of the amounts 

23 not distributed under paragraphs (1) and (2) of 

24 this subsection; 


dlhill on DSK7TPTVN1PROD with BILLS
181 

•HR 4834 IH

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

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

4 each of the programs (other than programs to which 

5 paragraph (1) applies) that are allocated by the Sec6 retary under this Act and title 23, United States 

7 Code, or apportioned by the Secretary under sections 

8 202 or 204 of that title, by multiplying— 

9 (A) the proportion determined under para10 graph (3); by 

11 (B) the amounts authorized to be appro12 priated for each such program for the fiscal 

13 year; and 

14 (5) shall distribute the obligation authority pro15 vided by subsection (a), less the aggregate amounts 

16 not distributed under paragraphs (1) and (2) and 

17 the amounts distributed under paragraph (4), for 

18 Federal-aid highway and highway safety construc19 tion programs that are apportioned by the Secretary 

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

21 amounts apportioned for the national highway per22 formance program in section 119 of title 23, United 

23 States Code, that are exempt from the limitation 

24 under subsection (b)(12) and the amounts apporVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
182 

•HR 4834 IH

1 tioned under sections 202 and 204 of that title) or 

2 under this Act in the proportion that— 

3 (A) amounts authorized to be appropriated 

4 for the programs that are apportioned under 

5 title 23, United States Code, or under this Act 

6 to each State for the fiscal year; bears to 

7 (B) the total of the amounts authorized to 

8 be appropriated for the programs that are ap9 portioned under title 23, United States Code, or 

10 under this Act to all States for the fiscal year. 

11 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU12 THORITY.—Notwithstanding subsection (c), the Secretary 

13 shall, after August 1 of each of fiscal years 2015 through 

14 2018— 

15 (1) revise a distribution of the obligation au16 thority made available under subsection (c) if an 

17 amount distributed cannot be obligated during that 

18 fiscal year; and 

19 (2) redistribute sufficient amounts to those 

20 States able to obligate amounts in addition to those 

21 previously distributed during that fiscal year, giving 

22 priority to those States having large unobligated bal23 ances of funds apportioned under sections 144 (as in 

24 effect on the day before the date of enactment of 


dlhill on DSK7TPTVN1PROD with BILLS
183 

•HR 4834 IH

1 Public Law 112–141) and 104 of title 23, United 

2 States Code. 

3 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

4 TRANSPORTATION RESEARCH PROGRAMS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), obligation limitations imposed by sub7 section (a) shall apply to contract authority for 

8 transportation research programs carried out 

9 under— 

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

11 Code; and 

12 (B) Title VIII of this Act. 

13 (2) EXCEPTION.—Obligation authority made 

14 available under paragraph (1) shall— 

15 (A) remain available for a period of 4 fis16 cal years; and 

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

18 limitation imposed on obligations for Federal19 aid highway and highway safety construction 

20 programs for future fiscal years. 

21 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

22 FUNDS.— 

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

24 the date of distribution of obligation authority under 

25 subsection (c) for each of fiscal years 2015 through 


dlhill on DSK7TPTVN1PROD with BILLS
184 

•HR 4834 IH

1 2018, the Secretary shall distribute to the States 

2 any funds (excluding funds authorized for the pro3 gram under section 202 of title 23, United States 

4 Code) that— 

5 (A) are authorized to be appropriated for 

6 the fiscal year for Federal-aid highway pro7 grams; and 

8 (B) the Secretary determines will not be 

9 allocated to the States (or will not be appor10 tioned to the States under section 204 of title 

11 23, United States Code), and will not be avail12 able for obligation, for the fiscal year because 

13 of the imposition of any obligation limitation for 

14 the fiscal year. 

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

16 paragraph (1) in the same proportion as the dis17 tribution of obligation authority under subsection 

18 (c)(5). 

19 (3) AVAILABILITY.—Funds distributed to each 

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

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

22 United States Code. 

23 SEC. 2003. APPORTIONMENT. 

24 (a) SECTION 104 AMENDMENTS.—Section 104 of 

25 title 23, United States Code, is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
185 

•HR 4834 IH

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

2 follows: 

3 ‘‘(1) IN GENERAL.—There are authorized to be 

4 appropriated from the Highway Account of the 

5 Transportation Trust Fund to be made available to 

6 the Secretary for administrative expenses of the 

7 Federal Highway Administration— 

8 ‘‘(A) $442,248,000 for fiscal year 2015; 

9 ‘‘(B) $451,248,000 for fiscal year 2016; 

10 ‘‘(C) $460,248,000 for fiscal year 2017; 

11 and 

12 ‘‘(D) $469,248,000 for fiscal year 2018.’’. 

13 (2) in subsection (c)(2)— 

14 (A) by adding ‘‘and thereafter’’ after 

15 ‘‘2014’’ the first time it appears; and 

16 (B) in subparagraph (A) by adding ‘‘and 

17 each fiscal year thereafter’’ after ‘‘2014’’; and 

18 (3) by inserting at the end the following: 

19 ‘‘(h) IMPLEMENTATION OF FUTURE STRATEGIC

20 HIGHWAY RESEARCH PROGRAM FINDINGS AND RE21 SULTS.—Before making an apportionment under sub22 section (c) for each of fiscal years 2015 through 2018, 

23 the Secretary may set aside up to $25,000,000 for each 

24 fiscal year to carry out the implementation of future stra25 tegic highway research program findings and results 


dlhill on DSK7TPTVN1PROD with BILLS
186 

•HR 4834 IH

1 under section 503(c)(2)(C). Funds expended under this 

2 subsection shall not be considered to be part of the extra3 mural budget of the agency for the purpose of section 9 

4 of the Small Business Act (15 U.S.C. 638)’’. 

5 (b) CONFORMING AMENDMENT.—Section 505 of title 

6 23, United States Code, is amended by striking subsection 

7 (c) and redesignating subsections (d) and (e) as (c) and 

8 (d), respectively. 

9 SEC. 2004. FEDERAL LANDS TRANSPORTATION PROGRAM. 

10 (a) DEFINITIONS.—Section 101(a) of title 23, United 

11 States Code, is amended— 

12 (1) in paragraph (8) by striking ‘‘is adjacent 

13 to,’’; and 

14 (2) by striking paragraphs (9) and (10) and re15 designating paragraphs (11) through (34) as para16 graphs (9) through (32), respectively. 

17 (b) OTHER AMENDMENTS.—Section 203 of title 23, 

18 United States Code, is amended— 

19 (1) in subsection (a)(1), by— 

20 (A) striking ‘‘; and’’ at the end of subpara21 graph (C) and inserting a period; and 

22 (B) striking subparagraph (D); 

23 (2) in subsection (b)(1)— 


dlhill on DSK7TPTVN1PROD with BILLS
187 

•HR 4834 IH

1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘2011’’ and inserting ‘‘2012’’; 

3 and 

4 (B) in subparagraph (B)— 

5 (i) by striking ‘‘; and’’ at the end of 

6 clause (iv) and inserting a semicolon; 

7 (ii) by striking the period at the end 

8 of clause (v) and insert ‘‘; and’’; and 

9 (iii) by inserting at the end the fol10 lowing: 

11 ‘‘(vi) the Bureau of Reclamation.’’; 

12 (3) at the end of subsection (c)(2)(B), by in13 serting the following: 

14 ‘‘(vi) The Bureau of Reclamation.’’; 

15 and 

16 (4) by striking subsection (d). 

17 (c) PERFORMANCE MANAGEMENT.—Section 

18 203(b)(2)(B) of title 23, United States Code, is amended 

19 by inserting ‘‘performance management, including’’ after 

20 ‘‘support’’. 

21 SEC. 2005. EMERGENCY RELIEF FOR FEDERALLY OWNED 

22 ROADS. 

23 (a) FEDERAL SHARE.—Section 120(e)(2) of title 23, 

24 United States Code, is amended by striking ‘‘Federal land 

25 access transportation facilities’’ and inserting ‘‘other fedVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
188 

•HR 4834 IH

1 erally owned roads that are open to public travel (as de2 fined in section 125(e)(1) of this title)’’. 

3 (b) ELIGIBILITY.—Section 125(d)(3) of title 23, 

4 United States Code, is amended— 

5 (1) at the end of subparagraph (A) by striking 

6 ‘‘or’’; 

7 (2) at the end of subparagraph (B) by striking 

8 the period and inserting ‘‘; or’’; and 

9 (3) by inserting at the end the following: 

10 ‘‘(C) projects eligible for assistance under 

11 this section located on Tribal transportation fa12 cilities, Federal lands transportation facilities, 

13 or other federally owned roads that are open to 

14 public travel.’’. 

15 (c) DEFINITION.—Section 125(e) of title 23, United 

16 States Code, is amended by striking paragraph (1) and 

17 inserting the following: 

18 ‘‘(1) DEFINITIONS.—In this subsection— 

19 ‘‘(A) ‘open to public travel’ means, with re20 spect to a road, that, except during scheduled 

21 periods, extreme weather conditions, or emer22 gencies, the road is maintained and open to the 

23 general public and can accommodate travel by 

24 a standard passenger vehicle, without restrictive 

25 gates or prohibitive signs or regulations, other 


dlhill on DSK7TPTVN1PROD with BILLS
189 

•HR 4834 IH

1 than for general traffic control or restrictions 

2 based on size, weight, or class of registration; 

3 and 

4 ‘‘(B) ‘standard passenger vehicle’ means a 

5 vehicle with six inches of clearance from the 

6 lowest point of the frame, body, suspension, or 

7 differential to the ground.’’. 

8 SEC. 2006. TRIBAL HIGH PRIORITY PROJECTS PROGRAM 

9 AND TRIBAL TRANSPORTATION PROGRAM 

10 AMENDMENTS. 

11 (a) IN GENERAL.—Section 202 of title 23, United 

12 States Code, is amended as follows: 

13 (1) In subsection (a)(1)— 

14 (A) in subparagraph (A), by striking the 

15 final semicolon and inserting ‘‘; and’’; 

16 (B) in subparagraph (B), by striking ‘‘; 

17 and’’ and inserting a period; and 

18 (C) by striking subparagraph (C). 

19 (2) In subsection (b)(3)(A)(i), by striking ‘‘and 

20 subsections (c), (d), and (e)’’ and inserting ‘‘and 

21 subsections (a)(6), (c), (d), (e), and (g)’’. 

22 (3) In subsection (c)(1), by striking ‘‘2 per23 cent’’ and inserting ‘‘3 percent’’. 

24 (4) In subsection (d)(2), by striking ‘‘2 per25 cent’’ and inserting ‘‘4 percent’’. 


dlhill on DSK7TPTVN1PROD with BILLS
190 

•HR 4834 IH

1 (5) Inserting after subsection (f) the following: 

2 ‘‘(g) TRIBAL HIGH PRIORITY PROJECTS PRO3 GRAM.— 

4 ‘‘(1) FUNDING.—Before making any distribu5 tion under subsection (b), the Secretary shall set 

6 aside not more than 7 percent of the funds made 

7 available for the Tribal transportation program for 

8 that fiscal year to carry out this subsection. 

9 ‘‘(2) ELIGIBLE APPLICANTS.—Applicants eligi10 ble for program funds under this subsection in11 clude— 

12 ‘‘(A) an Indian tribe whose annual alloca13 tion of funding under subsection (b) is insuffi14 cient to complete the highest priority project of 

15 the Indian tribe; 

16 ‘‘(B) a governmental subdivision of an In17 dian tribe— 

18 ‘‘(i) that is authorized to administer 

19 the funding of the Indian tribe under this 

20 section; and 

21 ‘‘(ii) for which the annual allocation 

22 under subsection (b) is insufficient to com23 plete the highest priority project of the In24 dian tribe; or 


dlhill on DSK7TPTVN1PROD with BILLS
191 

•HR 4834 IH

1 ‘‘(C) any Indian tribe or governmental sub2 division of an Indian tribe that has an emer3 gency or disaster with respect to a transpor4 tation facility included on the national inventory 

5 of Tribal transportation facilities under sub6 section (b)(1). 

7 ‘‘(3) ELIGIBLE FACILITIES AND ACTIVITIES.— 

8 To be funded under this subsection, a project— 

9 ‘‘(A) shall be on a Tribal transportation 

10 facility that is included in the national inven11 tory of Tribal transportation facilities under 

12 subsection (b)(1); and 

13 ‘‘(B) except as specified in paragraph (4), 

14 shall be an activity eligible under— 

15 ‘‘(i) subsection (a)(1); or 

16 ‘‘(ii) the emergency relief program, 

17 authorized under section 125 of this title, 

18 but that does not meet the funding thresh19 olds under part 668 of title 23, Code of 

20 Federal Regulations. 

21 ‘‘(4) LIMITATION ON USE OF FUNDS.—Funds 

22 under this subsection shall not be used for— 

23 ‘‘(A) transportation planning; 

24 ‘‘(B) research; 

25 ‘‘(C) routine maintenance activities; 


dlhill on DSK7TPTVN1PROD with BILLS
192 

•HR 4834 IH

1 ‘‘(D) structures and erosion protection un2 related to transportation and roadways; 

3 ‘‘(E) general reservation planning not in4 volving transportation; 

5 ‘‘(F) landscaping and irrigation systems 

6 not involving a transportation program or 

7 project; 

8 ‘‘(G) work performed on a project that is 

9 not included on a transportation improvement 

10 program approved by the Federal Highway Ad11 ministration, unless otherwise authorized by the 

12 Secretary of the Interior and the Secretary; 

13 ‘‘(H) the purchase of equipment, unless 

14 otherwise authorized by Federal law; or 

15 ‘‘(I) the condemnation of land for rec16 reational trails. 

17 ‘‘(5) PROJECT APPLICATIONS; FUNDING.— 

18 ‘‘(A) IN GENERAL.—To apply for funds 

19 under this subsection, an eligible applicant shall 

20 submit to the Department of the Interior or the 

21 Department of Transportation an application 

22 that includes— 

23 ‘‘(i) project scope of work, including 

24 deliverables, budget, and timeline; 

25 ‘‘(ii) the amount of funds requested; 


dlhill on DSK7TPTVN1PROD with BILLS
193 

•HR 4834 IH

1 ‘‘(iii) project information addressing— 

2 ‘‘(I) the ranking criteria identi3 fied in subparagraph (C); or 

4 ‘‘(II) the nature of the emergency 

5 or disaster; 

6 ‘‘(iv) documentation that the project 

7 meets the definition of a Tribal transpor8 tation facility and is included in the na9 tional inventory of Tribal transportation 

10 facilities under subsection (b)(1); 

11 ‘‘(v) documentation of official Tribal 

12 action requesting the project; 

13 ‘‘(vi) documentation from the Indian 

14 tribe providing authority for the Secretary 

15 of the Interior to place the project on a 

16 transportation improvement program if the 

17 project is selected and approved; and 

18 ‘‘(vii) any other information the Sec19 retary of the Interior or Secretary con20 siders appropriate to make a determina21 tion. 

22 ‘‘(B) LIMITATION ON APPLICATIONS.—An 

23 applicant for funds under the program may 

24 only have one application for assistance under 

25 this subsection pending at any one time, includVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
194 

•HR 4834 IH

1 ing any emergency or disaster project applica2 tion under paragraph (6). 

3 ‘‘(C) APPLICATION RANKING.— 

4 ‘‘(i) IN GENERAL.—The Secretary of 

5 the Interior and the Secretary shall deter6 mine the eligibility of, and fund, program 

7 applications, subject to the availability of 

8 funds. 

9 ‘‘(ii) RANKING CRITERIA.—The 

10 project ranking criteria for applications 

11 under this subsection shall include— 

12 ‘‘(I) the existence of safety haz13 ards with documented fatality and in14 jury crashes; 

15 ‘‘(II) the number of years since 

16 the Indian tribe last completed a con17 struction project funded by the Indian 

18 Reservation Roads program (as in ef19 fect the day before the date of enact20 ment of MAP–21) or the tribal trans21 portation program under section 202 

22 of title 23, United States Code; 

23 ‘‘(III) the readiness of the Indian 

24 tribe to proceed to construction or 

25 bridge design need; 


dlhill on DSK7TPTVN1PROD with BILLS
195 

•HR 4834 IH

1 ‘‘(IV) the percentage of project 

2 costs matched by funds that are not 

3 provided under this section, with 

4 projects with a greater percentage of 

5 other sources of matching funds 

6 ranked ahead of lesser matches); 

7 ‘‘(V) the amount of funds re8 quested, with requests for lesser 

9 amounts given greater priority; 

10 ‘‘(VI) the challenges caused by 

11 geographic isolation; and 

12 ‘‘(VII) all-weather access for em13 ployment, commerce, health, safety, 

14 educational resources, or housing. 

15 ‘‘(iii) PROJECT SCORING MATRIX.— 

16 The project scoring matrix established in 

17 subpart I of part 170 of title 25, Code of 

18 Federal Regulations (as in effect on July 

19 19, 2004), shall be used to rank all appli20 cations accepted under this subsection. 

21 ‘‘(D) FUNDING PRIORITY LIST.— 

22 ‘‘(i) IN GENERAL.—The Secretary of 

23 the Interior and the Secretary shall jointly 

24 produce a funding priority list that ranks 


dlhill on DSK7TPTVN1PROD with BILLS
196 

•HR 4834 IH

1 the projects approved for funding under 

2 the program. 

3 ‘‘(ii) LIMITATION.—The number of 

4 projects on the list shall be limited by the 

5 amount of funding set aside for this sub6 section. 

7 ‘‘(E) TIMELINE.—The Secretary of the In8 terior and the Secretary shall— 

9 ‘‘(i) establish deadlines for applica10 tions; 

11 ‘‘(ii) notify all applicants and Regions 

12 in writing of acceptance of applications; 

13 ‘‘(iii) rank all accepted applications in 

14 accordance with the project scoring matrix, 

15 develop the funding priority list, and re16 turn unaccepted applications to the appli17 cant with an explanation of deficiencies; 

18 ‘‘(iv) notify all accepted applicants of 

19 the projects included on the funding pri20 ority list; and 

21 ‘‘(v) distribute funds to successful ap22 plicants. 

23 ‘‘(6) EMERGENCY OR DISASTER PROJECT AP24 PLICATIONS.— 


dlhill on DSK7TPTVN1PROD with BILLS
197 

•HR 4834 IH

1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (5)(E), an eligible applicant may submit 

3 an emergency or disaster project application at 

4 any time. 

5 ‘‘(B) CONSIDERATION AS PRIORITY.—The 

6 Secretary of the Interior and the Secretary 

7 shall— 

8 ‘‘(i) consider project applications sub9 mitted under this paragraph to be a pri10 ority project under this subsection; and 

11 ‘‘(ii) fund the project applications in 

12 accordance with subparagraph (C). 

13 ‘‘(C) FUNDING.— 

14 ‘‘(i) IN GENERAL.—If an eligible ap15 plicant submits an application for a project 

16 under this paragraph before the issuance 

17 of the list under paragraph (5)(D) and the 

18 project is determined to be eligible for pro19 gram funds, the Secretary of the Interior 

20 and the Secretary shall provide funding for 

21 the project before providing funding for 

22 other approved projects on the list. 

23 ‘‘(ii) SUBMISSION AFTER ISSUANCE

24 OF LIST.—If an eligible applicant submits 

25 an application under this subsection after 


dlhill on DSK7TPTVN1PROD with BILLS
198 

•HR 4834 IH

1 the issuance of the list under paragraph 

2 (5)(D) and the distribution of program 

3 funds in accordance with the list, the Sec4 retary of the Interior and the Secretary 

5 shall provide funding for the project on the 

6 date on which unobligated funds provided 

7 to projects on the list are returned to the 

8 respective Department. 

9 ‘‘(iii) EFFECT ON OTHER

10 PROJECTS.—If the Secretary of the Inte11 rior and the Secretary use funding pre12 viously designated for a project on the list 

13 under paragraph (5)(D) to fund an emer14 gency or disaster project under this para15 graph, the project on the list that did not 

16 receive funding as a result of the redesig17 nation of funds shall move to the top of 

18 the list the following year. 

19 ‘‘(D) EMERGENCY OR DISASTER PROJECT

20 COST.—The cost of a project submitted as an 

21 emergency or disaster under this paragraph 

22 shall equal at least 10 percent of the distribu23 tion of funds of the Indian tribe under sub24 section (b). 


dlhill on DSK7TPTVN1PROD with BILLS
199 

•HR 4834 IH

1 ‘‘(7) LIMITATION ON PROJECT AMOUNTS.— 

2 Project funding shall be limited to a maximum of 

3 $1,500,000 per application, except that funding for 

4 disaster or emergency projects shall also be limited 

5 to the estimated cost of repairing damage to the 

6 Tribal transportation facility. 

7 ‘‘(8) COST ESTIMATE CERTIFICATION.—All cost 

8 estimates prepared for a project shall be required to 

9 be submitted by the applicant to the Secretary of the 

10 Interior or the Secretary for certification and ap11 proval.’’. 

12 (b) CONFORMING AMENDMENT.—Section 1123 of the 

13 Moving Ahead for Progress in the 21st Century Act (Pub14 lic Law 112–141) is repealed. 

15 SEC. 2007. FEDERAL LANDS ACCESS PROGRAM FEDERAL 

16 SHARE. 

17 Section 201(b)(7) of title 23, United States Code, is 

18 amended— 

19 (1) in subparagraph (A), by striking ‘‘shall be 

20 100 percent’’ and inserting ‘‘may be up to 100 per21 cent’’; and 

22 (2) in subparagraph (B), by inserting before 

23 the final period ‘‘, except that the Federal share for 

24 the cost of a project on a Federal lands access trans25 portation facility owned by a county, town, township, 


dlhill on DSK7TPTVN1PROD with BILLS
200 

•HR 4834 IH

1 municipal, Tribal, or local government may be up to 

2 95 percent’’. 

3 SEC. 2008. NATIONALLY SIGNIFICANT FEDERAL LANDS AND 

4 TRIBAL PROJECTS PROGRAM. 

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

6 States Code, is amended by inserting after section 206 the 

7 following: 

8 ‘‘SEC. 207. NATIONALLY SIGNIFICANT FEDERAL LANDS AND 

9 TRIBAL PROJECTS PROGRAM. 

10 ‘‘(a) PURPOSE.—The Secretary shall establish a na11 tionally significant Federal lands and tribal projects pro12 gram to provide funding needed to construct, reconstruct, 

13 or rehabilitate nationally significant Federal lands and 

14 Tribal transportation projects. 

15 ‘‘(b) APPLICANTS.— 

16 ‘‘(1) IN GENERAL.—Except as specified in 

17 paragraph (2), entities eligible to receive funds 

18 under sections 201, 202, 203 and 204 of this title 

19 may apply for funding under this program. 

20 ‘‘(2) SPECIAL RULE.—A State, county or local 

21 government may only apply if sponsored by an eligi22 ble Federal Land Management Agency or Indian 

23 tribe. 

24 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 

25 this section shall be a single continuous project— 


dlhill on DSK7TPTVN1PROD with BILLS
201 

•HR 4834 IH

1 ‘‘(1) on a Federal lands transportation facility, 

2 a Federal lands access transportation facility, or a 

3 Tribal transportation facility, as defined under sec4 tion 101 of this title, except that such facility is not 

5 required to be included on an inventory as described 

6 under section 202 or 203 of title 23, United States 

7 Code; 

8 ‘‘(2) for which completion of activities required 

9 under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.) has been dem11 onstrated through a record of decision with respect 

12 to the project, a finding that the project has no sig13 nificant impact, or a determination that the project 

14 is categorically excluded; and 

15 ‘‘(3) having an estimated cost, based on the re16 sults of preliminary engineering, equal to or exceed17 ing $25,000,0000, with priority consideration given 

18 to projects with an estimated cost equal to or ex19 ceeding $50,000,000. 

20 ‘‘(d) ELIGIBLE ACTIVITIES.—An applicant receiving 

21 funds under this section may only use such funds for con22 struction, reconstruction, and rehabilitation activities, ex23 cept that activities related to project design are not eligi24 ble. 


dlhill on DSK7TPTVN1PROD with BILLS
202 

•HR 4834 IH

1 ‘‘(e) APPLICATIONS.—Applicants shall submit to the 

2 Secretary an application in such form and in accordance 

3 with such requirements as the Secretary shall establish. 

4 ‘‘(f) SELECTION CRITERIA.—In selecting a project to 

5 receive funds under this program the Secretary shall con6 sider the extent to which the project— 

7 ‘‘(1) furthers Departmental goals such as state 

8 of good repair, environmental sustainability, eco9 nomic competitiveness, quality of life, or safety; 

10 ‘‘(2) improves the condition of critical 

11 multimodal transportation facilities; 

12 ‘‘(3) needs construction, reconstruction, or re13 habilitation; 

14 ‘‘(4) is included in or eligible for inclusion in 

15 the National Register of Historic Places; 

16 ‘‘(5) enhances environmental ecosystems; 

17 ‘‘(6) uses new technologies and innovations that 

18 enhance the efficiency of the project; 

19 ‘‘(7) is supported by funds other than those re20 ceived under this title to construct, maintain, and 

21 operate the facility; 

22 ‘‘(8) spans 2 or more States; and 

23 ‘‘(9) serves lands owned by multiple Federal 

24 agencies or Tribes.’’. 

25 (b) CONFORMING AMENDMENTS.— 


dlhill on DSK7TPTVN1PROD with BILLS
203 

•HR 4834 IH

1 (1) AVAILABILITY OF FUNDS.—Section 201(b) 

2 of such title is amended— 

3 (A) in paragraph (1), by inserting ‘‘nation4 ally significant Federal lands and tribal projects 

5 program,’’ after ‘‘Federal lands transportation 

6 program,’’; 

7 (B) in paragraph (4)(A), by inserting ‘‘na8 tionally significant Federal lands and tribal 

9 projects program,’’ after ‘‘Federal lands trans10 portation program,’’; and 

11 (C) by adding at the end of paragraph (7) 

12 the following— 

13 ‘‘(C) NATIONALLY SIGNIFICANT FEDERAL

14 LANDS AND TRIBAL PROJECTS PROGRAM.—The 

15 Federal share of the cost of a project carried 

16 out under the nationally significant Federal 

17 lands and tribal projects program may be up to 

18 100 percent.’’. 

19 (2) PLANNING.—Section 201(c)(3) of such title 

20 is amended by inserting ‘‘nationally significant Fed21 eral lands and tribal projects program’’ after ‘‘Fed22 eral lands transportation program,’’ the first time it 

23 appears. 


dlhill on DSK7TPTVN1PROD with BILLS
204 

•HR 4834 IH

1 (3) ANALYSIS.—The analysis for chapter 2 of 

2 such title is amended by inserting after the item re3 lated to 206 the following: 

‘‘207. Nationally significant Federal lands and tribal projects program’’. 

4 SEC. 2009. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 

5 (a) TRANSPORTATION PLANNING.—Section 201(c) of 

6 title 23, United States Code, is amended— 

7 (1) in paragraph (6)(A) by— 

8 (A) inserting a period after ‘‘Tribal trans9 portation program’’; 

10 (B) inserting ‘‘Data collected to implement 

11 the Tribal transportation program shall be’’ be12 fore ‘‘in accordance with’’; and 

13 (C) striking ‘‘, including’’ and inserting ‘‘. 

14 Data collected under this paragraph includes’’; 

15 and 

16 (2) by striking paragraph (7) and inserting the 

17 following: 

18 ‘‘(7) COOPERATIVE RESEARCH AND TECH19 NOLOGY DEPLOYMENT.—The Secretary may conduct 

20 cooperative research and technology deployment in 

21 coordination with Federal land management agen22 cies, as deemed appropriate by the Secretary. 

23 ‘‘(8) FUNDING.— 

24 ‘‘(A) IN GENERAL.—To implement activi25 ties described in this subsection for Federal 


dlhill on DSK7TPTVN1PROD with BILLS
205 

•HR 4834 IH

1 lands transportation facilities, Federal lands ac2 cess transportation facilities, and other federally 

3 owned roads open to public travel (as defined 

4 under section 125 of this title), the Secretary 

5 shall combine and use not more than 5 percent 

6 for each fiscal year of the funds authorized for 

7 programs under sections 203 and 204 of this 

8 title. 

9 ‘‘(B) OTHER ACTIVITIES.—In addition to 

10 the activities specified in subparagraph (A), 

11 funds described under such subparagraph may 

12 also be used for— 

13 ‘‘(i) bridge inspections on any Feder14 ally owned bridge even if such bridge is not 

15 included on the inventory, as described 

16 under section 203 of this title; and 

17 ‘‘(ii) transportation planning activities 

18 undertaken by any Federal agency. 

19 ‘‘(C) ELIGIBLE ENTITIES.—Funds de20 scribed under subparagraph (A) may be used by 

21 the following agencies: 

22 ‘‘(i) Bureau of Land Management; 

23 ‘‘(ii) Bureau of Reclamation; 

24 ‘‘(iii) Military Surface Deployment 

25 and Distribution Command; 


dlhill on DSK7TPTVN1PROD with BILLS
206 

•HR 4834 IH

1 ‘‘(iv) National Park Service; 

2 ‘‘(v) Tennessee Valley Authority; 

3 ‘‘(vi) United States Air Force; 

4 ‘‘(vii) United States Army; 

5 ‘‘(viii) United States Army Corps of 

6 Engineers; 

7 ‘‘(ix) United States Fish & Wildlife 

8 Service; 

9 ‘‘(x) United States Forest Service; 

10 and 

11 ‘‘(xi) United States Navy. 

12 ‘‘(D) SPECIAL RULE.—Notwithstanding 

13 subparagraphs (A) through (C), a Federal 

14 Land Management Agency receiving funds to 

15 carry out section 203 of this title may use 

16 funds authorized for that section to meet the 

17 requirements of this subsection. 

18 ‘‘(b) COORDINATION.—Section 201 of such title is 

19 amended by adding at the end the following 

20 ‘‘(f) FEDERAL LANDS TRANSPORTATION EXECUTIVE

21 COUNCIL.—The Secretary periodically shall convene and 

22 chair a Federal Lands Transportation Executive Council, 

23 which shall be composed of Secretaries of the appropriate 

24 Federal Land Management Agencies or their designees, 

25 and chaired by the Secretary or the Secretary’s designee. 


dlhill on DSK7TPTVN1PROD with BILLS
207 

•HR 4834 IH

1 The purpose of the Federal Lands Transportation Execu2 tive Council is to consult on interdepartmental data stand3 ardization, technology integration, and interdepartmental 

4 consistency.’’. 

5 SEC. 2010. BRIDGES REQUIRING CLOSURE OR LOAD RE6 STRICTIONS. 

7 Section 144(h) of title 23, United States Code, is 

8 amended by— 

9 (1) redesignating paragraphs (6) and (7) as 

10 paragraphs (7) and (8), respectively; 

11 (2) inserting after paragraph (5), the following 

12 new paragraph: 

13 ‘‘(6) BRIDGES REQUIRING CLOSURE OR LOAD

14 RESTRICTIONS.— 

15 ‘‘(A) BRIDGES OWNED BY FEDERAL AGEN16 CIES OR TRIBAL GOVERNMENTS.—If a Federal 

17 agency or Tribal government fails to ensure 

18 that any highway bridge that is open to public 

19 travel and is located within the jurisdiction of 

20 the Federal agency or Tribal government is 

21 properly closed or restricted to loads it can 

22 carry safely, the Secretary— 

23 ‘‘(i) shall, upon learning of the need 

24 to close such bridge or to restrict loads on 


dlhill on DSK7TPTVN1PROD with BILLS
208 

•HR 4834 IH

1 it, require the Federal agency or Tribal 

2 government to take action necessary to— 

3 ‘‘(I) close the bridge within 48 

4 hours; or 

5 ‘‘(II) within 30 days, restrict 

6 public travel on the bridge to loads 

7 the bridge can carry safely; and 

8 ‘‘(ii) may, if the Federal agency or 

9 Tribal government fails to take action nec10 essary under clause (i), withhold all fund11 ing authorized under this title for the Fed12 eral agency or Tribal government. 

13 ‘‘(B) OTHER BRIDGES.—If a State fails to 

14 ensure that any highway bridge (other than a 

15 bridge described in subparagraph (A)) that is 

16 open to public travel and is located within the 

17 boundaries of the State is properly closed or re18 stricted to loads it can carry safely, the Sec19 retary— 

20 ‘‘(i) shall, upon learning of the need 

21 to close such bridge or to restrict loads on 

22 it, require the State to take action nec23 essary to— 

24 ‘‘(I) close the bridge within 48 

25 hours; or 


dlhill on DSK7TPTVN1PROD with BILLS
209 

•HR 4834 IH

1 ‘‘(II) within 30 days, restrict 

2 public travel on the bridge to loads 

3 the bridge can carry safely; and 

4 ‘‘(ii) may, if the State fails to take ac5 tion necessary under clause (i), withhold 

6 approval for Federal-aid projects in such 

7 State.’’; and 

8 (3) in paragraph (8), as redesignated, by strik9 ing ‘‘(6)’’ and inserting ‘‘(7)’’. 

10 SEC. 2011. BROADBAND INFRASTRUCTURE DEPLOYMENT. 

11 (a) POLICY.—It is in the national interest for the De12 partment of Transportation and State departments of 

13 transportation to expand the use of rights-of-way on Fed14 eral-aid highways to accommodate broadband infrastruc15 ture; to ensure the safe and efficient accommodation of 

16 broadband infrastructure in the public right-of-way; to 

17 identify areas where additional broadband infrastructure 

18 is most needed; to include broadband stakeholders in the 

19 transportation planning process; to coordinate highway 

20 construction plans with other statewide telecommuni21 cations and broadband plans; and to improve broadband 

22 connectivity to rural communities and improve broadband 

23 services in urban areas. 

24 (b) ESTABLISHMENT OF BROADBAND INFRASTRUC25 TURE DEPLOYMENT INITIATIVE.— 


dlhill on DSK7TPTVN1PROD with BILLS
210 

•HR 4834 IH

1 (1) IN GENERAL.—To advance the policy identi2 fied in subsection (a), the Secretary shall carry out 

3 a broadband infrastructure deployment initiative 

4 under this section. 

5 (2) ADVANCING THE USE OF BEST PRAC6 TICES.—In order to expand the installation of 

7 broadband infrastructure, the Secretary shall require 

8 each State that receives funds under title II of this 

9 Act to meet the following requirements: 

10 (A) BROADBAND COORDINATION.—Each 

11 State department of transportation shall— 

12 (i) have a broadband utility coordi13 nator responsible for coordinating the 

14 broadband infrastructure needs of the 

15 State with Federal-aid highway projects; 

16 (ii) provide for online registration of 

17 broadband infrastructure entities that seek 

18 to be included in such broadband infra19 structure coordination efforts within the 

20 State; 

21 (iii) coordinate with other State and 

22 local agencies and broadband infrastruc23 ture entities registered with the State de24 partment of transportation under clause 

25 (ii) and the First Responder Network AuVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
211 

•HR 4834 IH

1 thority (FirstNet) as established in section 

2 6204 of the Middle Class Tax Relief and 

3 Job Creation Act of 2012 (42 U.S.C. 

4 1424), to review areas within the State 

5 that are unserved or underserved by 

6 broadband; and 

7 (iv) include broadband infrastructure 

8 entities registered with the State depart9 ment of transportation under clause (ii) in 

10 the transportation planning processes 

11 under sections 134 and 135 of title 23, 

12 United States Code. 

13 (B) BROADBAND INFRASTRUCTURE CO14 ORDINATION PLAN.—Each State department of 

15 transportation shall— 

16 (i) based on the coordination under 

17 subparagraph (A), develop a comprehen18 sive State broadband infrastructure coordi19 nation plan to expand the adoption and de20 ployment of broadband infrastructure with21 in the State through, at a minimum, the 

22 use of rights-of-way for Federal-aid high23 ways and strategies to support increased 

24 availability and adoption in unserved and 


dlhill on DSK7TPTVN1PROD with BILLS
212 

•HR 4834 IH

1 underserved areas in accordance with para2 graph (2)(A)(iii); 

3 (ii) to the extent practicable, coordi4 nate the State broadband infrastructure 

5 coordination plan with other statewide tele6 communication or broadband plans, and 

7 with State and local transportation and 

8 land use plans; 

9 (iii) include in its State broadband in10 frastructure coordination plan strategies to 

11 minimize repeated excavations that involve 

12 the installation of broadband infrastruc13 ture in the right-of-way; and 

14 (iv) include in its State broadband in15 frastructure coordination plan strategies to 

16 support increased broadband availability 

17 and adoption in unserved and underserved 

18 areas in accordance with paragraph 

19 (2)(A)(iii). 

20 (C) RIGHT-OF-WAY ACCESS.—Notwith21 standing any other provision of law— 

22 (i) each State department of transpor23 tation shall— 

24 (I) allow the installation of 

25 broadband infrastructure in the rightVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
213 

•HR 4834 IH

1 of-way of every Federal-aid highway 

2 to the extent the State holds sufficient 

3 ownership rights to authorize such ac4 commodation; and 

5 (II) establish reasonable condi6 tions to provide right-of-way access to 

7 broadband infrastructure entities to 

8 construct, operate, and maintain 

9 broadband infrastructure, and may 

10 prohibit such uses that would ad11 versely affect highway or traffic safe12 ty. Such use and access shall be free 

13 of charge to a broadband infrastruc14 ture entity requesting access for the 

15 purposes of broadband infrastructure 

16 installation; and 

17 (ii) each State may— 

18 (I) designate one or more longi19 tudinal areas within each right-of-way 

20 to accommodate broadband infrastruc21 ture; and 

22 (II) require all broadband infra23 structure entities to locate their 

24 broadband infrastructure within such 

25 longitudinal areas. 


dlhill on DSK7TPTVN1PROD with BILLS
214 

•HR 4834 IH

1 (D) INNOVATION.—Each State department 

2 of transportation shall consider new technology 

3 and construction practices that would allow for 

4 the safe and efficient accommodation of 

5 broadband infrastructure in the right-of-way. 

6 (3) STATE FLEXIBILITY.—A State meeting the 

7 requirements under paragraph (2) may use funds 

8 authorized for the surface transportation program 

9 under section 133 of title 23, United States Code, 

10 and the national highway performance program 

11 under section 119 of such title, to install broadband 

12 infrastructure as part of a Federal-aid highway 

13 project located in an area identified under paragraph 

14 (2)(A)(iii), and the broadband infrastructure may be 

15 utilized to support non-transportation purposes in 

16 addition to transportation purposes. 

17 (c) DEFINITIONS.—In this section, the following defi18 nitions apply: 

19 (1) BROADBAND INFRASTRUCTURE.—The term 

20 ‘‘broadband infrastructure’’ means buried or aerial 

21 facilities, wireless or wireline connection that enables 

22 users to send and receive voice, video, data, graph23 ics, or a combination thereof. 

24 (2) BROADBAND INFRASTRUCTURE ENTITY.— 

25 The term ‘‘broadband infrastructure entity’’ means 


dlhill on DSK7TPTVN1PROD with BILLS
215 

•HR 4834 IH

1 any entity that installs, owns, or operates broadband 

2 infrastructure and provides services to members of 

3 the public. 

4 (3) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 

5 means any real property, or interest therein, ac6 quired, dedicated, or reserved for the construction, 

7 operation, and maintenance of a Federal-aid high8 way. 

9 (4) STATE.—The term ‘‘State’’ means any of 

10 the 50 States, the District of Columbia, or Puerto 

11 Rico. 

12 SEC. 2012. CRITICAL IMMEDIATE INVESTMENTS PROGRAM. 

13 (a) ESTABLISHMENT.—The Secretary shall establish 

14 a program under this section to make critical and imme15 diate improvements to infrastructure and highway safety. 

16 This program shall include— 

17 (1) the interstate bridge revitalization initiative 

18 under subsection (b); 

19 (2) the systemic safety initiative under sub20 section (c); and 

21 (3) the state of good repair initiative under sub22 section (d). 

23 (b) INTERSTATE BRIDGE REVITALIZATION INITIA24 TIVE.— 


dlhill on DSK7TPTVN1PROD with BILLS
216 

•HR 4834 IH

1 (1) APPORTIONMENT.—The Secretary shall ap2 portion funds made available to carry out this sub3 section for a fiscal year among States in the ratio 

4 that— 

5 (A) the amount of funds that the Secretary 

6 apportions to the State for such fiscal year for 

7 the national highway performance program 

8 under section 104(b)(1) of title 23, United 

9 States Code; bears to 

10 (B) the amount of funds that the Sec11 retary apportions to all States for such fiscal 

12 year for such program under such section. 

13 (2) USE OF FUNDS.— 

14 (A) IF ABOVE THRESHOLD.—If the Sec15 retary determines that more than 5 percent of 

16 the total deck area of bridges on the Interstate 

17 System in a State is located on bridges that the 

18 Secretary has classified as structurally defi19 cient, the State may use funds under this sub20 section to repair, rehabilitate, or replace struc21 turally deficient bridges on the Interstate Sys22 tem. 

23 (B) IF BELOW THRESHOLD.—If the Sec24 retary determines that less than 5 percent of 

25 the total deck area of bridges on the Interstate 


dlhill on DSK7TPTVN1PROD with BILLS
217 

•HR 4834 IH

1 System in a State is located on bridges that the 

2 Secretary has classified as structurally defi3 cient, the State may use funds under this sub4 section to repair, rehabilitate, or replace struc5 turally deficient bridges on the National High6 way System. 

7 (C) EXCLUSION.—A State may not use 

8 funds under this subsection to construct a new 

9 bridge except as a replacement for an eligible 

10 structurally deficient bridge. 

11 (c) SYSTEMIC SAFETY INITIATIVE.— 

12 (1) DISTRIBUTION OF FUNDS.— 

13 (A) APPORTIONMENT.—Subject to sub14 paragraph (B), the Secretary shall apportion 

15 funds made available to carry out this sub16 section for a fiscal year among States in the 

17 ratio specified in subsection (b)(1). 

18 (B) RESERVATION OF FUNDS.—Before ap19 portioning funds under paragraph (1) in a fis20 cal year, the Secretary shall reserve 

21 $75,000,000 under this subsection for use 

22 under paragraph (3). 

23 (2) ELIGIBLE USES OF FUNDS.— 

24 (A) IN GENERAL.—A State may use funds 

25 under this subsection on— 


dlhill on DSK7TPTVN1PROD with BILLS
218 

•HR 4834 IH

1 (i) systemic safety improvements that 

2 are— 

3 (I) eligible uses of funding under 

4 section 148 of title 23, United States 

5 Code; 

6 (II) consistent with the State’s 

7 strategic highway safety plan under 

8 such section; and 

9 (III) located on a highway that is 

10 not owned by the State; and 

11 (ii) data improvement activities (or 

12 safety data systems) related to highways 

13 described in clause (i)(III). 

14 (B) SPECIAL RULE.—Notwithstanding sub15 paragraph (A)(i)(III), if a State, in the judg16 ment of the Secretary, meets its infrastructure 

17 safety needs relating to systemic safety im18 provements on highways that are not owned by 

19 the State, the State may use funds under this 

20 subsection on such an improvement— 

21 (i) that is located on a highway owned 

22 by the State; and 

23 (ii) that meets the requirements of 

24 subparagraphs (A)(i)(I) and (A)(i)(II). 

25 (3) BUILD TO EVALUATE.— 


dlhill on DSK7TPTVN1PROD with BILLS
219 

•HR 4834 IH

1 (A) IN GENERAL.—The Secretary shall 

2 provide grants under this paragraph to— 

3 (i) allow local agencies to implement 

4 systemic safety improvements; and 

5 (ii) enable the Secretary to evaluate 

6 the effectiveness of such improvements. 

7 (B) ELIGIBLE APPLICANTS.—A local agen8 cy seeking to receive a grant under this para9 graph shall— 

10 (i) submit to the Secretary an applica11 tion in such form and in accordance with 

12 such requirements as the Secretary shall 

13 establish; and 

14 (ii) agree to provide the Secretary 

15 with data sufficient, in the judgment of the 

16 Secretary, to allow the Secretary to rigor17 ously evaluate the effectiveness of the 

18 projects that the agency implements with 

19 such a grant. 

20 (4) DEFINITIONS.—In this subsection, the 

21 terms ‘‘data improvement activities,’’ ‘‘safety data 

22 system,’’ ‘‘systemic safety improvement’’ and ‘‘stra23 tegic highway safety plan’’ have the same meaning 

24 as in section 148 of title 23, United States Code. 

25 (d) STATE OF GOOD REPAIR INITIATIVE.— 


dlhill on DSK7TPTVN1PROD with BILLS
220 

•HR 4834 IH

1 (1) APPORTIONMENT.—The Secretary shall ap2 portion funds made available to carry out this sub3 section for a fiscal year among States in the ratio 

4 specified in subsection (b)(1). 

5 (2) ELIGIBLE USES OF FUNDS.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), a State may use funds under this 

8 subsection to— 

9 (i) reconstruct, resurface, restore, re10 habilitate, or preserve a highway on the 

11 National Highway System; or 

12 (ii) replace, rehabilitate, preserve, or 

13 protect a bridge or tunnel on the National 

14 Highway System. 

15 (B) PRESERVATION PROJECTS.—A State 

16 may use 50 percent of the funds that the Sec17 retary apportions to the State under paragraph 

18 (1) only for preservation or rehabilitation 

19 projects under subparagraph (A) that would 

20 prevent or reduce the need for more costly fu21 ture repair or replacement. 

22 (3) USE OF SYSTEMS.—In selecting projects to 

23 fund under this subsection, a State shall use infor24 mation from its pavement and bridge management 

25 systems to identify potential projects that need imVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
221 

•HR 4834 IH

1 mediate action to preserve the asset and avoid fur2 ther deterioration. 

3 (e) TRANSFERS.—Notwithstanding subsection (d), a 

4 State may transfer up to 100 percent of its apportionment 

5 under such subsection— 

6 (1) to its apportionment under subsection (b) if, 

7 in the judgment of the Secretary, such transfer will 

8 help the State to meet the performance targets that 

9 the State has established under section 150(d) of 

10 title 23, United States Code, in relation to the na11 tional highway performance program; or 

12 (2) to its apportionment under subsection (c) if, 

13 in the judgment of the Secretary, such transfer will 

14 help the State to meet the performance targets that 

15 the State has established under section 150(d) of 

16 such title in relation to the highway safety improve17 ment program. 

18 (f) ADMINISTRATION OF FUNDS.— 

19 (1) AVAILABILITY OF FUNDS.—Of the funds 

20 authorized for each fiscal year for the Critical Imme21 diate Investments Program— 

22 (A) 25 percent shall be available for the 

23 Interstate Bridge Revitalization Initiative under 

24 subsection (b); 


dlhill on DSK7TPTVN1PROD with BILLS
222 

•HR 4834 IH

1 (B) 25 percent shall be available for the 

2 Systemic Safety Initiative under subsection (c); 

3 and 

4 (C) 50 percent shall be available for the 

5 State of Good Repair Initiative under sub6 section (d). 

7 (2) CONTRACT AUTHORITY.—Except as speci8 fied in paragraph (2), funds made available for the 

9 program under this section shall be available for ob10 ligation and administered as if apportioned under 

11 chapter 1 of title 23, United States Code. 

12 (3) FEDERAL SHARE.— 

13 (A) IN GENERAL.—The Federal share of 

14 the cost of a project under this section may be 

15 up to 80 percent of the total project cost. 

16 (B) USE OF OTHER FEDERAL FUNDS.—A 

17 State may use to pay the non-Federal share of 

18 a project under this section Federal funds ap19 portioned or allocated to the State under title 

20 23, United States Code. 

21 SEC. 2013. APPALACHIAN DEVELOPMENT HIGHWAY SYS22 TEM. 

23 Subsections (b) and (c) of section 1528 of the Moving 

24 Ahead for Progress in the 21st Century Act (Public Law 

25 112–141; 126 Stat. 582) are amended by striking ‘‘shall 


dlhill on DSK7TPTVN1PROD with BILLS
223 

•HR 4834 IH

1 be 100 percent’’ and inserting ‘‘shall be up to 100 per2 cent’’ each place it appears. 

3 Subtitle B—Performance 

4 Management 

5 SEC. 2101. PERFORMANCE MANAGEMENT DATA SUPPORT 

6 PROGRAM. 

7 (a) PERFORMANCE MANAGEMENT DATA SUPPORT

8 PROGRAM.—Section 150 of title 23, United States Code, 

9 is amended by inserting at the end the following: 

10 ‘‘(f) PERFORMANCE MANAGEMENT DATA SUP11 PORT.—To assist metropolitan planning organizations, 

12 States, and the Department in carrying out performance 

13 management analyses, including the performance manage14 ment requirements of this chapter, the Secretary shall cre15 ate and maintain data sets and data analysis tools. Such 

16 activities may include— 

17 ‘‘(1) collecting and distributing vehicle probe 

18 data describing traffic on the National Highway 

19 System; 

20 ‘‘(2) collecting household travel behavior data 

21 crossing local jurisdictional boundaries to accommo22 date external and through travel; 

23 ‘‘(3) enhancing existing data collection and 

24 analysis tools to accommodate performance meas25 ures, targets, and related data; 


dlhill on DSK7TPTVN1PROD with BILLS
224 

•HR 4834 IH

1 ‘‘(4) enhancing existing data analysis tools to 

2 improve performance predictions in reports described 

3 in subsection (e) or section 5405 of title 49; and 

4 ‘‘(5) developing tools to improve performance 

5 analysis and evaluate the effects of project invest6 ments on performance.’’. 

7 (b) FEDERAL SHARE.—Section 120 of such title is 

8 amended by adding at the end the following: 

9 ‘‘(l) PERFORMANCE MANAGEMENT DATA SUPPORT

10 PROGRAM.—The Federal share payable on account of an 

11 activity under the performance management data support 

12 program under section 150(f) shall be 100 percent of the 

13 cost of the activity.’’. 

14 SEC. 2102. PERFORMANCE PERIOD ADJUSTMENT. 

15 (a) HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 

16 Section 148(i) of title 23, United States Code, is amended 

17 in the matter preceding paragraph (1), by striking ‘‘by 

18 the date that is 2 years after the date of the establishment 

19 of the performance targets’’. 

20 (b) NATIONAL HIGHWAY PERFORMANCE PRO21 GRAM.—Section 119 of title 23, United States Code, is 

22 amended— 

23 (1) in subsection (e)(7), by striking ‘‘for 2 con24 secutive reports submitted under this paragraph 

25 shall include in the next report submitted’’ and inVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
225 

•HR 4834 IH

1 serting ‘‘shall include as part of the performance 

2 target report’’; and 

3 (2) in subsection (f)(1)(A), by striking ‘‘If, dur4 ing 2 consecutive reporting periods, the condition of 

5 the Interstate System, excluding bridges on the 

6 Interstate System, in a State falls’’ and inserting ‘‘If 

7 a State reports that the condition of the Interstate 

8 System, excluding bridges on the Interstate System, 

9 has fallen’’. 

10 SEC. 2103. MULTIMODAL ACCOMMODATIONS. 

11 (a) DESIGN STANDARDS.—Section 109 of title 23, 

12 United States Code, is amended— 

13 (1) in subsection (c)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘may take into ac16 count’’ and inserting ‘‘shall take into ac17 count’’; and 

18 (ii) by striking paragraph (1)(C) and 

19 inserting the following: 

20 ‘‘(C) access and safety for users of all fore21 seeable modes of transportation.’’; and 

22 (B) in paragraph (2), by striking ‘‘may de23 velop’’ and inserting ‘‘shall develop’’; and 

24 (2) in subsection (m), by— 

25 (A) striking ‘‘and light motorcycles’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
226 

•HR 4834 IH

1 (B) inserting ‘‘, safe, convenient, and con2 tinuous’’ before ‘‘alternate route’’. 

3 (b) TRANSPORTATION ALTERNATIVES.— 

4 (1) FEDERAL SHARE.—Section 120 of title 23, 

5 United States Code, as amended by this Act, is fur6 ther amended by adding at the end the following: 

7 ‘‘(m) TRANSPORTATION ALTERNATIVES PROGRAM.— 

8 The Federal share requirements under this section appli9 cable to the transportation alternatives program under 

10 section 213 of this title may be met based on— 

11 ‘‘(1) an individual project or activity under that 

12 section; or 

13 ‘‘(2) a program of projects or activities ap14 proved under subsection (c)(6)(B) of that section.’’. 

15 (2) RESERVATION OF FUNDS.—Section 213 of 

16 such title is amended in subsection (a)(1) by striking 

17 ‘‘of fiscal years 2013 and 2014’’ and inserting ‘‘fis18 cal year’’. 

19 (3) ELIGIBLE ENTITIES.—Section 213(c)(4)(B) 

20 of such title is amended by— 

21 (A) redesignating clauses (vi) and (vii) as 

22 clauses (viii) and (ix); and 

23 (B) inserting after clause (v) the following: 

24 ‘‘(vi) a nonprofit organization; 


dlhill on DSK7TPTVN1PROD with BILLS
227 

•HR 4834 IH

1 ‘‘(vii) a metropolitan planning organi2 zation that is not developing the competi3 tive process for funding;’’. 

4 (4) PROGRAM OF PROJECTS.—Section 213(c) of 

5 such title is further amended by adding at the end 

6 the following: 

7 ‘‘(6) PROGRAM OF PROJECTS.—Funds may be 

8 obligated under this section for— 

9 ‘‘(A) a project or activity eligible under 

10 subsection (b); or 

11 ‘‘(B) a program of projects or activities eli12 gible under that subsection. 

13 ‘‘(7) ADMINISTRATION.— 

14 ‘‘(A) SUBMISSION OF PROJECT AGREE15 MENT.—For each fiscal year, each State shall 

16 submit a project agreement that— 

17 ‘‘(i) certifies that the State will meet 

18 all the requirements of this section; and 

19 ‘‘(ii) notifies the Secretary of the 

20 amount of obligations needed to carry out 

21 the program under this section. 

22 ‘‘(B) REQUEST FOR ADJUSTMENTS OF

23 AMOUNTS.—Each State shall request from the 

24 Secretary such adjustments to the amount of 


dlhill on DSK7TPTVN1PROD with BILLS
228 

•HR 4834 IH

1 obligations referred to in subparagraph (A)(ii) 

2 as the State determines to be necessary. 

3 ‘‘(C) EFFECT OF APPROVAL BY THE SEC4 RETARY.—Approval by the Secretary of a 

5 project agreement under subparagraph (A) 

6 shall be deemed a contractual obligation of the 

7 United States to pay funds made available 

8 under this title.’’. 

9 Subtitle C—Improved Federal 

10 Stewardship 

11 SEC. 2201. PROJECT APPROVAL AND OVERSIGHT. 

12 Section 106 (g)(4) of title 23, United States Code, 

13 is amended by inserting at the end the following: 

14 ‘‘(C) FUNDING.— 

15 ‘‘(i) IN GENERAL.—Subject to project 

16 approval by the Secretary, and the limita17 tion in clause (iv), a State may use funds 

18 made available to the State under section 

19 133(d)(1)(B) to carry out its administra20 tion and oversight responsibilities under 

21 subparagraph (A). 

22 ‘‘(ii) APPROVAL BY SECRETARY.—To 

23 obligate such funds under this subpara24 graph, the State shall, prior to the begin25 ning of the fiscal year, submit to the SecVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
229 

•HR 4834 IH

1 retary for review and approval an annual 

2 work plan identifying activities to be car3 ried out during the fiscal year. 

4 ‘‘(iii) FEDERAL SHARE.—The Federal 

5 share of the cost of activities carried out in 

6 accordance with this subparagraph shall 

7 not exceed 80 percent. 

8 ‘‘(iv) LIMITATION.—A State’s obliga9 tion of funds under this subparagraph 

10 shall not exceed an amount equal to 3 per11 cent of the State’s apportioned funds avail12 able for obligation in a fiscal year as speci13 fied in section 133(d)(1)(B).’’. 

14 Subtitle D—Other 

15 SEC. 2301. LETTING OF CONTRACTS. 

16 Section 112 of title 23, United States Code, is 

17 amended by inserting the following at the end: 

18 ‘‘(h) LOCAL HIRING.— 

19 ‘‘(1) IN GENERAL.—The Secretary or recipient 

20 of assistance under the Federal-aid highway pro21 gram may advertise, post job opportunities on State 

22 job banks and with One Stop centers established 

23 under the Workforce Investment Act, and award a 

24 contract for construction containing requirements 

25 for the employment of individuals residing in or adVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
230 

•HR 4834 IH

1 jacent to any of the areas in which the work is to 

2 be performed under the contract, provided that— 

3 ‘‘(A) all or part of the construction work 

4 performed under the contract occurs in an area 

5 that has— 

6 ‘‘(i) a per capita income of 80 percent 

7 or less of the national average; or 

8 ‘‘(ii) an unemployment rate that is, 

9 for the most recent 24-month period for 

10 which data are available, at least 1 percent 

11 greater than the national average unem12 ployment rate; 

13 ‘‘(B) the estimated cost of the project of 

14 which the contract is a part is greater than $10 

15 million; and 

16 ‘‘(C) the recipient may not require the hir17 ing of individuals who do not have the nec18 essary skills to perform work in any craft or 

19 trade, except for individuals who are subject to 

20 an apprenticeship program or other training 

21 program meeting the requirements of section 

22 140 of this title. 

23 ‘‘(2) ADVERTISEMENT.—In advertising and 

24 awarding a contract under this subsection, the Sec25 retary or recipient of assistance shall ensure that the 


dlhill on DSK7TPTVN1PROD with BILLS
231 

•HR 4834 IH

1 requirements contained in the advertisement would 

2 not— 

3 ‘‘(A) compromise the quality of the project; 

4 ‘‘(B) unreasonably delay the completion of 

5 the project; or 

6 ‘‘(C) unreasonably increase the cost of the 

7 project. 

8 ‘‘(i) PERMISSIBLE RESTRICTIONS.—A State or local 

9 law governing contracting practices that prohibits the 

10 awarding of contracts to businesses that have solicited or 

11 made contributions to political candidates, political parties 

12 and holders of public office does not violate the require13 ments of this section.’’. 

14 SEC. 2302. CONSTRUCTION OF FERRY BOATS AND FERRY 

15 TERMINAL FACILITIES. 

16 Section 1801(e) of the SAFETEA–LU (23 U.S.C. 

17 129 note; Public Law 109–59), as amended by section 

18 1121 of the MAP–21 (Public Law 112–141), is amended 

19 in paragraph (4)(D) by striking ‘‘2014’’ and inserting 

20 ‘‘2018’’. 

21 SEC. 2303. GREEN STORMWATER INFRASTRUCTURE. 

22 (a) ELIGIBILITY FOR ENVIRONMENTAL RESTORA23 TION AND POLLUTION ABATEMENT.—Section 328(a) of 

24 title 23 United States Code, is amended by striking ‘‘con25 struction of stormwater treatment systems’’ and inserting 


dlhill on DSK7TPTVN1PROD with BILLS
232 

•HR 4834 IH

1 ‘‘construction of stormwater treatment systems or green 

2 stormwater infrastructure’’. 

3 (b) ELIGIBIITY UNDER SURFACE TRANSPORTATION

4 PROGRAM.—Section 133(b) of such title is amended— 

5 (1) in paragraph (2) by inserting ‘‘and green 

6 infrastructure’’ after ‘‘material’’; and 

7 (2) in paragraph (7) by striking ‘‘wildlife,’’ and 

8 inserting ‘‘wildlife or stormwater,’’. 

9 SEC. 2304. ELIMINATION OR MODIFICATION OF CERTAIN 

10 FHWA REPORTING REQUIREMENTS. 

11 (a) FUNDAMENTAL PROPERTIES OF ASPHALTS RE12 PORT.—Section 6016 of the Intermodal Surface Transpor13 tation Efficiency Act of 1991 (23 U.S.C. 307 note) is 

14 amended by striking subsection (g). 

15 (b) PROJECTS OF REGIONAL AND NATIONAL SIG16 NIFICANCE ANNUAL REPORT.—Section 1301 of the Safe, 

17 Accountable, Flexible, Efficient Transportation Equity 

18 Act: A Legacy for Users (23 U.S.C. 101 note) is amended 

19 by striking subsection (k). 

20 (c) EXPRESS LANE DEMONSTRATION PROGRAM RE21 PORTS.—Section 1604 of the Safe, Accountable, Flexible, 

22 Efficient Transportation Equity Act: A Legacy for Users 

23 (23 U.S.C. 129 note) is amended by striking subsection 

24 (b)(7)(B). 


dlhill on DSK7TPTVN1PROD with BILLS
233 

•HR 4834 IH

1 (d) SURFACE TRANSPORTATION PROJECT DELIVERY

2 PILOT PROGRAM.—Section 327 of title 23, United States 

3 Code, is amended— 

4 (1) by striking subsection (i); and 

5 (2) by redesignating subsection (j) as sub6 section (i). 

7 (e) EXPEDIENT DECISIONS AND REVIEWS RE8 PORT.—Section 139(h)(7)(B) of title 23, United States 

9 Code, is amended by striking ‘‘every 120 days’’ and insert10 ing in its place ‘‘annually’’. 

11 TITLE III—PUBLIC 

12 TRANSPORTATION 

13 SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, 

14 UNITED STATES CODE. 

15 (a) SHORT TITLE.—This title may be cited as the 

16 ‘‘Federal Public Transportation Act of 2014’’. 

17 (b) AMENDMENT OF TITLE 49.—Except as otherwise 

18 expressly provided, whenever in this title an amendment 

19 or repeal is expressed in terms of an amendment to, or 

20 a repeal of, a section or other provision, the reference shall 

21 be considered to be made to a section or other provision 

22 of title 49, United States Code. 

23 SEC. 3002. DEFINITIONS. 

24 Section 5302 is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
234 

•HR 4834 IH

1 (1) by redesignating paragraphs (2) through 

2 (23) as paragraphs (3) through (24), respectively; 

3 (2) by inserting a new paragraph (2) to read as 

4 follows: 

5 ‘‘(2) BASE-MODEL BUS.—The term ‘base-model 

6 bus’ means a heavy-duty public transportation bus 

7 manufactured to meet, but not exceed, transit spe8 cific minimum performance criteria developed by the 

9 Secretary.’’; 

10 (3) by revising paragraph (5), redesignated, to 

11 read as follows: 

12 ‘‘(5) DESIGNATED RECIPIENT.—The term ‘des13 ignated recipient’ means— 

14 ‘‘(A) an entity designated, in accordance 

15 with the planning process under sections 5303 

16 and 5304 of this title, by the governor of a 

17 State, responsible local officials, and publicly 

18 owned operators of public transportation, to re19 ceive and apportion amounts under section 

20 5336 of this title to urbanized areas of 200,000 

21 or more in population; 

22 ‘‘(B) a State that receives and apportions 

23 amounts under sections 5310, 5336, 5337 and 

24 5339 of this title to urbanized areas of less 

25 than 200,000 in population notwithstanding 


dlhill on DSK7TPTVN1PROD with BILLS
235 

•HR 4834 IH

1 such an area’s designated as a transportation 

2 management area to pursuant section 5303; or 

3 ‘‘(C) a State, or State authority, if the au4 thority is responsible under the laws of a State 

5 for a capital project and for financing and di6 rectly providing public transportation.’’; and 

7 (4) by inserting a new paragraph at the end to 

8 read as follows: 

9 ‘‘(25) VALUE CAPTURE.—The term ‘value cap10 ture’ means recovering the increased value to prop11 erty located near public transportation resulting 

12 from investments in public transportation.’’. 

13 SEC. 3003. FORMULA GRANTS FOR ENHANCED MOBILITY. 

14 Section 5310(a)(1) of title 49, United States Code, 

15 is amended by inserting ‘‘, a local governmental entity,’’ 

16 after ‘‘designated recipient’’. 

17 SEC. 3004. FORMULA GRANTS FOR PUBLIC TRANSPOR18 TATION ON INDIAN RESERVATIONS. 

19 Section 5311 is amended— 

20 (1) by revising subsection (c)(1)(B) to read as 

21 follows: 

22 ‘‘(B) $30,000,000 in fiscal year 2015, 

23 $30,871,500 in fiscal year 2016, $31,764,700 

24 in fiscal year 2017, and $32,680,141 in fiscal 


dlhill on DSK7TPTVN1PROD with BILLS
236 

•HR 4834 IH

1 year 2018 shall be apportioned as formula 

2 grants, as provided in subsection (j).’’; 

3 (2) in subsection (j)(1)(A)(iii), by striking 

4 ‘‘Tribal lands (as defined by the Bureau of Census)’’ 

5 and inserting ‘‘American Indian Areas, Alaska Na6 tive Areas, and Hawaiian Home Lands, as defined 

7 by the Bureau of the Census,’’; and 

8 (3) by revising subsection (j)(1)(B) to read as 

9 follows: 

10 ‘‘(B) LIMITATION.— 

11 ‘‘(i) Notwithstanding subparagraph 

12 (A), no recipient shall receive an appor13 tionment under this subsection that is less 

14 than $20,000; and 

15 ‘‘(ii) No recipient shall receive more 

16 than $300,000 of the amounts apportioned 

17 under subparagraph (A)(iii) in a fiscal 

18 year.’’. 

19 SEC. 3005. WORKFORCE DEVELOPMENT PROGRAMS. 

20 (a) IN GENERAL.—Section 5322 is amended to read 

21 as follows: 

22 ‘‘§ 5322. Workforce development programs 

23 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

24 with the Secretary of Labor, may undertake, or make 

25 grants, cooperative agreements, other agreements, or 


dlhill on DSK7TPTVN1PROD with BILLS
237 

•HR 4834 IH

1 enter into contracts for programs that address human re2 source needs as they apply to public transportation. A pro3 gram may include— 

4 ‘‘(1) an employment training program; 

5 ‘‘(2) an outreach program to increase employ6 ment of minorities, women, and individuals with dis7 abilities in public transportation activities; 

8 ‘‘(3) research on public transportation per9 sonnel and training need; and 

10 ‘‘(4) training and assistance for minority busi11 ness opportunities. 

12 ‘‘(b) LADDERS OF OPPORTUNITY PUBLIC TRANSPOR13 TATION GRANT PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall under15 take, make grants or cooperative agreements, or 

16 enter into contracts to establish, conduct and admin17 ister a public transportation workforce development 

18 program that addresses critical workforce issues and 

19 prepares individuals for employment and career 

20 pathways in public transportation, including in the 

21 area of public transportation technology. 

22 ‘‘(2) PROGRAMS.—Eligible public transportation 

23 workforce development programs under this sub24 section may include apprenticeship programs that 

25 are registered under the National Apprenticeship 


dlhill on DSK7TPTVN1PROD with BILLS
238 

•HR 4834 IH

1 Act (29 U.S.C. 50 et seq.), non-registered appren2 ticeship programs, skill development programs, skill 

3 improvement programs, and on-the-job training pro4 grams, that— 

5 ‘‘(A) are, to the extent possible, nationally 

6 or regionally significant in scope; 

7 ‘‘(B) replicate a successful workforce devel8 opment model adopted in multiple geographic 

9 locations; 

10 ‘‘(C) target areas with high rates of unem11 ployment; 

12 ‘‘(D) are designed to address current or 

13 projected workforce shortages; 

14 ‘‘(E) give priority to minorities, women, in15 dividuals with disabilities, veterans, low-income 

16 populations and other underserved populations; 

17 ‘‘(F) are designed to provide career path18 ways that support the movement of targeted 

19 populations from initial or short-term employ20 ment opportunities to sustainable careers; and 

21 ‘‘(G) other critical activities as identified 

22 by the Secretary. 

23 ‘‘(3) PROGRAM OUTCOMES.—Recipients of as24 sistance pursuant to this subsection shall require 

25 that apprenticeship, skill development, skill improveVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
239 

•HR 4834 IH

1 ment, and on-the-job training programs utilized to 

2 carry out this subsection demonstrate program out3 comes including— 

4 ‘‘(A) impact on reducing public transpor5 tation workforce shortages in the area served; 

6 ‘‘(B) diversity of training participants; 

7 ‘‘(C) number of participants obtaining cer8 tifications or credentials required for specific 

9 types of employment; 

10 ‘‘(D) employment outcome, including job 

11 placement, job retention, and wages, using per12 formance metrics established in consultation 

13 with the Secretary of Labor and consistent with 

14 metrics used by programs under the Workforce 

15 Investment Act; and 

16 ‘‘(E) to the extent practical, evidence that 

17 the program did not preclude workers that are 

18 participating in training or apprenticeship ac19 tivities from being referred to, or hired on, 

20 projects funded under this chapter without re21 gard to the length of time of their participation 

22 in such program. 

23 ‘‘(4) COORDINATION.—Recipients of assistance 

24 under this subsection shall— 


dlhill on DSK7TPTVN1PROD with BILLS
240 

•HR 4834 IH

1 ‘‘(A) identify the training needs, appren2 ticeship, skill development programs, and on3 the-job training to be implemented at the local 

4 level in coordination with entities such as local 

5 employers, local transit operators, labor union 

6 organizations, Workforce Investment Boards, 

7 State workforce agencies, State Apprenticeship 

8 Agencies (where applicable), University Trans9 portation Centers, Community Colleges, and 

10 community-based organizations representing 

11 minority, disability, and low-income popu12 lations; and 

13 ‘‘(B) to the extent practicable, conduct 

14 local training programs in coordination with ex15 isting local training programs supported by the 

16 U.S. Department of Transportation, the U.S. 

17 Department of Labor (including registered ap18 prenticeship programs), and the U.S. Depart19 ment of Education. 

20 ‘‘(5) RESEARCH AND PROGRAM EVALUATION.— 

21 The Secretary shall conduct research and an impact 

22 evaluation based on measurable outcomes of the 

23 training, apprenticeship, skill development and skill 

24 improvement programs, and on-the-job training 

25 funded under this subsection. In the second, fourth 


dlhill on DSK7TPTVN1PROD with BILLS
241 

•HR 4834 IH

1 and sixth year following the enactment of this sub2 section, the Secretary shall conduct an aggregate 

3 analysis of the national impact related to workforce 

4 shortage, diversity, and job placement. 

5 ‘‘(c) NATIONAL PUBLIC TRANSPORTATION INSTI6 TUTE.— 

7 ‘‘(1) IN GENERAL.—The Secretary may enter 

8 into grants, contracts or cooperative agreements, 

9 and other agreements, awarded on a competitive 

10 basis, to conduct a national public transportation in11 stitute to develop and conduct training and edu12 cational programs for Federal, State, and local 

13 transportation employees, United States citizens, 

14 and foreign nationals engaged or to be engaged in 

15 Government-aid public transportation work. 

16 ‘‘(2) COOPERATIVE EFFORT.—In cooperation 

17 with the Secretary, State transportation depart18 ments, public transportation authorities, State work19 force agencies, and national and international enti20 ties, the institute under paragraph (1) shall develop 

21 and conduct training and educational programs for 

22 Federal, State, and local transportation employees, 

23 United States citizens, and foreign nationals en24 gaged or to be engaged in public transportation 

25 work. 


dlhill on DSK7TPTVN1PROD with BILLS
242 

•HR 4834 IH

1 ‘‘(3) TRAINING AND EDUCATIONAL PRO2 GRAMS.—The training and educational programs de3 veloped under paragraph (2) may include courses in 

4 recent developments, techniques, and procedures re5 lated to— 

6 ‘‘(A) intermodal and public transportation 

7 planning; 

8 ‘‘(B) management; 

9 ‘‘(C) environmental factors; 

10 ‘‘(D) acquisition and joint use rights-of11 way; 

12 ‘‘(E) engineering and architectural design; 

13 ‘‘(F) procurement strategies for public 

14 transportation systems; 

15 ‘‘(G) turnkey approaches to delivering pub16 lic transportation systems; 

17 ‘‘(H) new technologies; 

18 ‘‘(I) emission reduction technologies; 

19 ‘‘(J) ways to make public transportation 

20 accessible to individuals with disabilities; 

21 ‘‘(K) construction, construction manage22 ment, insurance, and risk management; 

23 ‘‘(L) maintenance; 

24 ‘‘(M) contract administration; 

25 ‘‘(N) inspection; 


dlhill on DSK7TPTVN1PROD with BILLS
243 

•HR 4834 IH

1 ‘‘(O) innovative finance; 

2 ‘‘(P) workplace safety; and 

3 ‘‘(Q) public transportation security. 

4 ‘‘(4) PROVIDING EDUCATION AND TRAINING.— 

5 Education and training of Federal, State, and local 

6 public transportation employees under this sub7 section shall be provided— 

8 ‘‘(A) by the Secretary at no cost to the 

9 States and local governments for subjects that 

10 are a Government program responsibility; or 

11 ‘‘(B) when the education and training are 

12 paid under paragraph (5) of this subsection, by 

13 the State, with the approval of the Secretary, 

14 through grants and contracts with public and 

15 private agencies, other institutions, individuals, 

16 and the institute. 

17 ‘‘(d) USE FOR ADMINISTRATION AND TECHNICAL AS18 SISTANCE.—The Secretary may use up to 1 percent of the 

19 amounts made available to carry out this section to admin20 ister, oversee, and provide technical assistance for the ac21 tivities and programs developed and conducted with this 

22 section. 

23 ‘‘(e) GOVERNMENT’S SHARE OF COSTS.—A grant, 

24 cooperative agreement, other agreement, or contract 


dlhill on DSK7TPTVN1PROD with BILLS
244 

•HR 4834 IH

1 awarded under this section may be up to 100 percent of 

2 the cost of the project. 

3 ‘‘(f) AVAILABILITY OF AMOUNTS.— 

4 ‘‘(1) Up to 0.5 percent of the amounts made 

5 available to a recipient under sections 5307, 5337 

6 and 5339 is available for expenditure by the recipi7 ent, with the approval of the Secretary, to pay up 

8 to 80 percent of the cost of eligible activities under 

9 this section; and 

10 ‘‘(2) A recipient may transfer amounts under 

11 paragraph (1) to existing local training programs 

12 supported by the Secretary, the U.S. Department of 

13 Labor, and the U.S. Department of Education.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

15 chapter 53 is amended by striking the item relating to 

16 section 5322 and inserting the following: 

‘‘5322. Workforce development programs.’’. 

17 SEC. 3006. GENERAL PROVISIONS. 

18 Section 5323 is amended— 

19 (1) In subsection (i), by redesignating para20 graphs (1) and (2) as (2) and (3), respectively and 

21 inserting a new paragraph (1) to read as follows: 

22 ‘‘(1) ACQUISITION OF BASE-MODEL BUSES.—A 

23 grant for the acquisition of a base-model bus for use 

24 in public transportation may be up to 85 percent of 

25 the net project cost.’’; 


dlhill on DSK7TPTVN1PROD with BILLS
245 

•HR 4834 IH

1 (2) in subsection (j)— 

2 (A) by revising paragraph (2)(C) to read 

3 as follows: 

4 ‘‘(C) ROLLING STOCK PROCUREMENT.— 

5 When procuring rolling stock (including train 

6 control, communication, traction power equip7 ment, and rolling stock prototypes) under this 

8 chapter— 

9 ‘‘(i) the cost of components and sub10 components produced in the United 

11 States— 

12 ‘‘(I) for fiscal year 2015 is more 

13 than 60 percent of the cost of all com14 ponents of the rolling stock; 

15 ‘‘(II) for fiscal year 2016 is more 

16 than 70 percent of the cost of all com17 ponents of the rolling stock; 

18 ‘‘(III) for fiscal year 2017 is 

19 more than 80 percent of the cost of 

20 all components of the rolling stock; 

21 and 

22 ‘‘(IV) for fiscal year 2018 is 

23 more than 90 percent of the cost of 

24 all components of the rolling stock; 

25 and 


dlhill on DSK7TPTVN1PROD with BILLS
246 

•HR 4834 IH

1 ‘‘(ii) final assembly of the rolling 

2 stock, including rolling stock prototypes, 

3 has occurred in the United States; or’’; 

4 (B) by redesignating paragraphs (3) 

5 through (9) as paragraphs (4) through (10), re6 spectively; and 

7 (C) by inserting a new paragraph (3) fol8 lowing paragraph (2), to read as follows: 

9 ‘‘(3) ROLLING STOCK COST AND ASSEMBLY.— 

10 Beginning in fiscal year 2019, when procuring roll11 ing stock, including rolling stock prototypes, the cost 

12 of the components and subcomponents produced in 

13 the United States shall be 100 percent and final as14 sembly shall occur in the United States.’’; and 

15 (3) by inserting a new subsection at the end to 

16 read as follows: 

17 ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR

18 LOCAL SHARE.—Notwithstanding any other provision of 

19 law, a recipient of assistance under this chapter may use 

20 the revenue generated from value capture financing mech21 anisms as local matching funds for capital projects and 

22 operating costs eligible under this chapter.’’. 

23 SEC. 3007. PUBLIC TRANSPORTATION LOCAL HIRING. 

24 Section 5325 is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
247 

•HR 4834 IH

1 (1) in subsection (a) by striking ‘‘Recipients of 

2 assistance’’ and inserting ‘‘Except as provided in 

3 subsections (k) and (l), recipients of assistance’’; 

4 (2) in subsection (h), by striking ‘‘A grant 

5 awarded’’ and inserting ‘‘Except as provided in sub6 sections (k) and (l), a grant awarded’’; and 

7 (3) by inserting a new subsection (l) at the end 

8 to read as follows: 

9 ‘‘(l) LOCAL HIRING.— 

10 ‘‘(1) IN GENERAL.—A recipient of assistance 

11 may post job opportunities on State job banks and 

12 with One Stop Centers established under the Work13 force Investment Act, and may advertise and award 

14 a contract for construction containing requirements 

15 for the employment of individuals residing in or ad16 jacent to any of the areas in which the work to be 

17 performed is for construction work required under 

18 the contract, provided that— 

19 ‘‘(A) all or part of the construction work 

20 performed under the contract occurs in an area 

21 that has— 

22 ‘‘(i) a per capita income of 80 percent 

23 or less of the national average; or 

24 ‘‘(ii) an unemployment rate that is for 

25 the most recent 24-month period for which 


dlhill on DSK7TPTVN1PROD with BILLS
248 

•HR 4834 IH

1 data are available at least 1 percent great2 er than the national average unemploy3 ment rate; 

4 ‘‘(B) the estimated cost of the project of 

5 which the contract is a part is greater than 

6 $10,000,000; and 

7 ‘‘(C) the recipient may not require the hir8 ing of individuals who do not have the nec9 essary skills to perform work in any craft or 

10 trade, except for individuals who are subject to 

11 an apprenticeship program or other training 

12 program meeting the requirements of section 

13 5332 of this title. 

14 ‘‘(2) ADVERTISEMENT.—In advertising and 

15 awarding a contract under this subsection, the Sec16 retary or a recipient of assistance shall ensure that 

17 the requirements contained in the advertisement 

18 would not— 

19 ‘‘(A) compromise the quality of the project; 

20 ‘‘(B) unreasonably delay the completion of 

21 the project; or 

22 ‘‘(C) unreasonably increase the cost of the 

23 project.’’. 

24 SEC. 3008. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

25 (a) IN GENERAL.—Section 5329(e) is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
249 

•HR 4834 IH

1 (1) by redesignating paragraphs (3) through 

2 (9) as paragraphs (4) through (10), respectively; 

3 (2) by adding the following after paragraph (2): 

4 ‘‘(3) STATE PARTICIPATION.— 

5 ‘‘(A) An eligible State having within its ju6 risdiction 1 or more rail fixed guideway public 

7 transportation systems in revenue service, de8 sign or construction that have fewer than 

9 1,000,000 combined actual and projected rail 

10 fixed guideway revenue miles per year or which 

11 provide fewer than 10,000,000 combined actual 

12 and projected unlinked passenger trips per year 

13 may request, in writing, that the Secretary 

14 oversee the safety of such systems consistent 

15 with the oversight and enforcement authority 

16 under this section. 

17 ‘‘(B) Should a State be granted an exemp18 tion under this subparagraph (C), the State will 

19 not be subject to the State safety oversight re20 quirements under this subsection and shall not 

21 be eligible to receive a State Safety Oversight 

22 grant authorized under paragraph (6) of this 

23 subsection. 

24 ‘‘(C) The Secretary shall provide an ex25 emption to a State that meets the criteria 


dlhill on DSK7TPTVN1PROD with BILLS
250 

•HR 4834 IH

1 under subparagraph (A) within 30 days of the 

2 Secretary’s receipt of the State’s request or in3 form the State of the reason an exemption can4 not be granted.’’; and 

5 (3) in paragraph (7), as redesignated— 

6 (A) by striking ‘‘shall be 80’’ and insert 

7 ‘‘may be up to 100’’; and 

8 (B) by striking clauses (ii) and (iii) and re9 designating clause (iv) as clause (ii). 

10 (b) PUBLIC TRANSPORTATION SAFETY ENFORCE11 MENT.—Section 5329(g) is amended to read as follows: 

12 ‘‘(g) ENFORCEMENT.— 

13 ‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The 

14 Secretary may take enforcement action against re15 cipient that does not comply with Federal law with 

16 respect to the safety of the public transportation 

17 system, including— 

18 ‘‘(A) issuing directives; 

19 ‘‘(B) requiring more frequent oversight of 

20 the recipient by a State safety oversight agency 

21 or the Secretary; 

22 ‘‘(C) imposing more frequent reporting re23 quirements; 

24 ‘‘(D) requiring that any Federal financial 

25 assistance provided under this chapter be spent 


dlhill on DSK7TPTVN1PROD with BILLS
251 

•HR 4834 IH

1 on correcting safety deficiencies identified by 

2 the Secretary or the State safety oversight 

3 agency before such funds are spent on other 

4 projects; 

5 ‘‘(E) withholding financial assistance 

6 under this chapter in an amount to be deter7 mined by the Secretary; 

8 ‘‘(F) issuing penalties pursuant to para9 graph (2); 

10 ‘‘(G) instituting a civil action pursuant to 

11 paragraph (4); and 

12 ‘‘(H) issuing orders, including orders 

13 issued pursuant to paragraph (7). 

14 ‘‘(2) PENALTIES.—The Secretary has the au15 thority— 

16 ‘‘(A) to establish, impose and compromise 

17 a civil penalty for a violation of a public trans18 portation safety regulation promulgated or 

19 order issued under this section; 

20 ‘‘(B) to establish, impose and compromise 

21 a civil penalty for violation of the alcohol and 

22 controlled substances testing provisions under 

23 section 5331 of this chapter; 

24 ‘‘(C) to request an injunction for a viola25 tion of a public transportation safety regulation 


dlhill on DSK7TPTVN1PROD with BILLS
252 

•HR 4834 IH

1 promulgated or order issued under this section; 

2 and 

3 ‘‘(D) to notify the Attorney General when 

4 the Secretary receives evidence of a possible 

5 criminal violation under paragraph (6). 

6 ‘‘(3) DEPOSIT OF CIVIL PENALTIES.—An 

7 amount collected by the Secretary under this section 

8 shall be credited to the Federal Transit Administra9 tion’s formula and bus appropriations account to 

10 carry out subsection (e). 

11 ‘‘(4) ENFORCEMENT BY THE ATTORNEY GEN12 ERAL.—At the request of the Secretary, the Attor13 ney General shall bring a civil action— 

14 ‘‘(A) for appropriate injunctive relief to en15 sure compliance with this section; 

16 ‘‘(B) to collect a civil penalty imposed or 

17 an amount agreed upon in a compromise under 

18 paragraph (1) of this subsection; or 

19 ‘‘(C) to enforce a subpoena, request for ad20 missions, request for production of documents 

21 or other tangible things, or request for testi22 mony by deposition issued by the Secretary 

23 under this section. 

24 ‘‘(5) JURISDICTION.—An action under para25 graph (3) of this subsection may be brought in a 


dlhill on DSK7TPTVN1PROD with BILLS
253 

•HR 4834 IH

1 district court of the United States in any State in 

2 which the relief is required. On a proper showing, 

3 the court shall issue a temporary restraining order 

4 or preliminary or permanent injunction. An injunc5 tion under this section may order a public transpor6 tation agency receiving assistance under this chapter 

7 to comply with this section, or a regulation promul8 gated under this section. 

9 ‘‘(6) CRIMINAL PENALTY.—A person who know10 ingly violates this section or a public transportation 

11 safety regulation or order issued under this section 

12 shall be fined under title 18, United States Code, 

13 imprisoned for not more than 5 years, or both; ex14 cept that the maximum amount of imprisonment 

15 shall be 10 years in any case in which the violation 

16 results in death or bodily injury to any person. For 

17 purposes of this paragraph— 

18 ‘‘(A) a person acts knowingly when the 

19 person has actual knowledge of the facts giving 

20 rise to the violation; and 

21 ‘‘(B) actual knowledge of the existence of 

22 a statutory provision, or a regulation or a re23 quirement imposed by the Secretary is not an 

24 element of an offense under this paragraph. 

25 ‘‘(7) EMERGENCY AUTHORITY.— 


dlhill on DSK7TPTVN1PROD with BILLS
254 

•HR 4834 IH

1 ‘‘(A) ORDERING RESTRICTIONS AND PRO2 HIBITIONS.—If, through testing, inspection, in3 vestigation, or research carried out under this 

4 section, the Secretary decides that an unsafe 

5 condition or practice, or a combination of un6 safe conditions and practices, causes an emer7 gency situation involving a hazard of death, 

8 personal injury, or significant harm to the envi9 ronment, the Secretary immediately may order 

10 restrictions and prohibitions, without regard to 

11 section 553 and section 554 of title 5, United 

12 States Code, that may be necessary to abate the 

13 emergency situation. 

14 ‘‘(B) EMERGENCY CONDITION OR PRAC15 TICE.—The order shall describe the condition or 

16 practice, or a combination of conditions and 

17 practices, that causes the emergency situation 

18 and promulgate standards and procedures for 

19 obtaining relief from the order. This paragraph 

20 does not affect the Secretary’s discretion under 

21 this subsection to maintain the order in effect 

22 for as long as the emergency situation exists. 

23 ‘‘(C) REVIEW OF ORDERS.—After issuing 

24 an order under this subsection, the Secretary 

25 shall provide an opportunity for review of the 


dlhill on DSK7TPTVN1PROD with BILLS
255 

•HR 4834 IH

1 order under section 554 of title 5, United 

2 States Code. If a petition for review is filed and 

3 the review is not completed by the end of the 

4 30-day period beginning on the date the order 

5 was issued, the order stops being effective at 

6 the end of that period unless the Secretary de7 cides in writing that the emergency situation 

8 still exists. 

9 ‘‘(D) CIVIL ACTIONS TO COMPEL ISSUANCE

10 OF ORDERS.—An employee of a rail fixed guide11 way public transportation system provider who 

12 may be exposed to imminent physical injury 

13 during that employment because of the Sec14 retary’s failure, without any reasonable basis, to 

15 issue an order under paragraph (1) of this sub16 section, or the employee’s authorized represent17 ative, may bring a civil action against the Sec18 retary in a district court of the United States 

19 to compel the Secretary to issue an order. The 

20 action shall be brought in the judicial district in 

21 which the emergency situation is alleged to 

22 exist, in which the employing provider has its 

23 principal executive office, or in the District of 

24 Columbia. The Secretary’s failure to issue an 

25 order under paragraph (1) of this subsection 


dlhill on DSK7TPTVN1PROD with BILLS
256 

•HR 4834 IH

1 may be reviewed only under section 706 of title 

2 5, United States Code.’’. 

3 (c) DISCLOSURE OF SAFETY INFORMATION.—Section 

4 5329 is amended by inserting the following at the end: 

5 ‘‘(l) LIMITATION ON PUBLIC DISCLOSURE OF SAFE6 TY INFORMATION.— 

7 ‘‘(1) IN GENERAL.—A report, data, investiga8 tion, or other information, or any portion thereof, 

9 submitted to, developed, produced, collected, or ob10 tained by the Secretary or his representative for pur11 poses of enhancing public transportation safety, in12 cluding information related to a transit provider’s 

13 safety plan, safety risks, and mitigation measures, 

14 shall not be disclosed to the public pursuant to sec15 tion 522(b)(3)(B) of title 5 if the Secretary or his 

16 representative determines— 

17 ‘‘(A) the receipt of the information aids in 

18 fulfilling the Secretary’s safety responsibilities; 

19 and 

20 ‘‘(B) withholding such information from 

21 disclosure is necessary to the safety or security 

22 of public transportation systems. 

23 ‘‘(2) EXCEPTION FOR DE-IDENTIFIED INFORMA24 TION.— 


dlhill on DSK7TPTVN1PROD with BILLS
257 

•HR 4834 IH

1 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

2 not apply to a report, data, investigation or 

3 other information if the information contained 

4 in the report, data, investigation or other infor5 mation collected or obtained by the Secretary or 

6 his representative has been de-identified. 

7 ‘‘(B) DE-IDENTIFIED DEFINED.—In this 

8 subsection, the term ‘de-identified’ means the 

9 process by which all information that is likely 

10 to establish the identity of specific persons or 

11 entities submitting reports, data, investigation 

12 or other information is removed from the re13 ports, data, or investigation, or other informa14 tion.’’. 

15 SEC. 3009. AUTHORIZATIONS. 

16 Section 5338 is amended to read as follows: 

17 ‘‘(a) TRANSIT FORMULA GRANTS.— 

18 ‘‘(1) IN GENERAL.—There shall be available 

19 from the Mass Transit Account of the Transpor20 tation Trust Fund to carry out Federal public trans21 portation assistance program under sections 5305, 

22 5307, 5310, 5311, 5318, 5322(d), 5334, 5335, 

23 5337, 5339, and 5340 of this title, and section 

24 20005(b) of the Federal Public Transportation Act 

25 of 2012, as amended, $13,914,400,000 in fiscal year 


dlhill on DSK7TPTVN1PROD with BILLS
258 

•HR 4834 IH

1 2015, $14,140,000,000 in fiscal year 2016, 

2 $14,372,000,000 in fiscal year 2017, and 

3 $14,610,000,000 in fiscal year 2018. 

4 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

5 made available under paragraph (1)— 

6 ‘‘(A) $131,819,706 shall be available for 

7 fiscal year 2015, $135,103,394 for fiscal year 

8 2016, $138,494,393 for fiscal year 2017, and 

9 $141,992,702 for fiscal year 2018, to provide 

10 financial assistance for planning under section 

11 5305; 

12 ‘‘(B) $10,234,449 shall be available for fis13 cal year 2015, $10,489,394 for fiscal year 

14 2016, $10,752,670 for fiscal year 2017, and 

15 $11,024,278 for fiscal year 2018, to carry out 

16 the pilot program for transit—oriented develop17 ment planning under section 20005(b) of Public 

18 Law 112–114, as amended; 

19 ‘‘(C) $4,563,182,694 shall be available for 

20 fiscal year 2015, $4,676,853,640 for fiscal year 

21 2016, $4,794,239,323 for fiscal year 2017, and 

22 $4,915,339,743 for fiscal year 2018, to provide 

23 financial assistance under the section 5307 ur24 banized area formula grant program pursuant 

25 to section 5336; 


dlhill on DSK7TPTVN1PROD with BILLS
259 

•HR 4834 IH

1 ‘‘(D) $264,355,823 shall be available for 

2 fiscal year 2015, $270,941,046 for fiscal year 

3 2016, $277,741,473 for fiscal year 2017, and 

4 $284,757,103 for fiscal year 2018, to provide 

5 financial assistance for services for the en6 hanced mobility of seniors and individuals with 

7 disabilities under section 5310; 

8 ‘‘(E) $622,049,823 shall be available for 

9 fiscal year 2015, $637,545,365 for fiscal year 

10 2016, $653,547,298 for fiscal year 2017, and 

11 $670,055,621 for fiscal year 2018, to provide 

12 financial assistance for rural areas under sec13 tion 5311; 

14 ‘‘(F) $3,070,335 shall be available for fis15 cal year 2015, $3,146,818 for fiscal year 2016, 

16 $3,225,801 for fiscal year 2017, and 

17 $3,307,283 for fiscal year 2018, to provide fi18 nancial assistance for bus testing under section 

19 5318; 

20 ‘‘(G) $5,117,225 shall be available for fis21 cal year 2015, $5,244,697 for fiscal year 2016, 

22 $5,376,335 for fiscal year 2017, and 

23 $5,512,139 for fiscal year 2018, to provide fi24 nancial assistance to the national transit insti25 tute under section 5322(d); 


dlhill on DSK7TPTVN1PROD with BILLS
260 

•HR 4834 IH

1 ‘‘(H) $114,400,000 shall be available for 

2 fiscal year 2015, $120,000,000 for fiscal year 

3 2016, $126,000,000 for fiscal year 2017, and 

4 $132,000,000 for fiscal year 2018, for adminis5 trative expenses to carry out Federal transit as6 sistance programs under this chapter; 

7 ‘‘(I) $3,940,263 shall be available for fiscal 

8 year 2015, $4,038,417 for fiscal year 2016, 

9 $4,139,778 for fiscal year 2017, and 

10 $4,244,347 for fiscal year 2018, to carry out 

11 National Transit Database activities under sec12 tion 5335; 

13 ‘‘(J) $5,719,000,000 shall be available for 

14 fiscal year 2015, $5,775,000,000 for fiscal year 

15 2016, $5,832,000,000 for fiscal year 2017, and 

16 $5,890,000,000 for fiscal year 2018, to provide 

17 financial assistance for state of good repair ac18 tivities under section 5337; 

19 ‘‘(K) $1,939,000,000 shall be available for 

20 fiscal year 2015, $1,950,000,000 for fiscal year 

21 2016, $1,961,000,000 for fiscal year 2017, and 

22 $1,972,000,000 for fiscal year 2018, to provide 

23 financial assistance the bus and bus facilities 

24 program under section 5339; and 


dlhill on DSK7TPTVN1PROD with BILLS
261 

•HR 4834 IH

1 ‘‘(L) $538,229,684 shall be available for 

2 fiscal year 2015, $551,637,229 for fiscal year 

3 2016, $565,482,929 for fiscal year 2017, and 

4 $579,766,784 for fiscal year 2018, and shall be 

5 allocated in accordance with section 5340 to 

6 provide financial assistance for urbanized areas 

7 under section 5307 and rural areas under sec8 tion 5311. 

9 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There shall be 

10 available from the Mass Transit Account of the Transpor11 tation Trust Fund to carry out section 5309, 

12 $2,500,000,000 in fiscal year 2015, $2,625,000,000 in fis13 cal year 2016, $2,756,000,000 in fiscal year 2017, and 

14 $2,894,000,000 in fiscal year 2018. 

15 ‘‘(c) TRANSIT RESEARCH AND TRAINING.— 

16 ‘‘(1) IN GENERAL.—There shall be available 

17 from the Mass Transit Account of the Transpor18 tation Trust Fund to carry out Federal public trans19 portation research and training programs under sec20 tions 5312, 5313, 5314, and 5322(a), (b), (c) and 

21 (e), $60,000,000 for fiscal year 2015, $61,000,000 

22 for fiscal year 2016, $63,000,000 for fiscal year 

23 2017, and $67,000,000 for fiscal year 2018. 

24 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

25 made available under paragraph (1)— 


dlhill on DSK7TPTVN1PROD with BILLS
262 

•HR 4834 IH

1 ‘‘(A) $26,000,000 shall be available for fis2 cal year 2015, $27,000,000 for fiscal year 

3 2016, $29,000,000 for fiscal year 2017, and 

4 $31,000,000 for fiscal year 2018, to carry out 

5 research under section 5312; 

6 ‘‘(B) $7,000,000 shall be available in each 

7 fiscal year 2015 through 2018 to carry out 

8 transit cooperative research under section 5313; 

9 ‘‘(C) $7,000,000 shall be available for each 

10 fiscal year 2015 through 2017, and $9,000,000 

11 for fiscal year 2018, to carry out technical as12 sistance and standards development under sec13 tion 5314; and 

14 ‘‘(D) $20,000,000 shall be available for 

15 each fiscal year 2015 through 2018 to carry out 

16 human resources and training under section 

17 5322 (a), (b), (c) and (e). 

18 ‘‘(d) EMERGENCY RELIEF.—There shall be available 

19 from the Mass Transit Account of the Transportation 

20 Trust Fund to carry out section 5324 of this title, 

21 $25,000,000 for each fiscal year 2015 through 2018. 

22 ‘‘(e) RAPID GROWTH AREA TRANSIT PROGRAM.— 

23 There shall be available from the Mass Transit Account 

24 of the Transportation Trust Fund to carry out section 

25 5341 of this title, $500,000,000 for fiscal year 2015, 


dlhill on DSK7TPTVN1PROD with BILLS
263 

•HR 4834 IH

1 $525,000,000 for fiscal year 2016, $550,000,000 for fis2 cal year 2017, and $600,000,000 for fiscal year 2018. 

3 ‘‘(f) OVERSIGHT.— 

4 ‘‘(1) IN GENERAL.—Of the amounts made 

5 available to carry out this chapter for a fiscal year, 

6 the Secretary may use not more than the following 

7 amounts for the activities described in paragraph 

8 (2): 

9 ‘‘(A) 0.5 percent of amounts made avail10 able to carry out section 5305. 

11 ‘‘(B) 0.75 percent of amounts made avail12 able to carry out section 5307. 

13 ‘‘(C) 1.5 percent of amounts made avail14 able to carry out section 5309. 

15 ‘‘(D) 1 percent of amounts made available 

16 to carry out section 601 of the Passenger Rail 

17 Investment and Improvement Act of 2008 

18 (Public Law 110–432; 126 Stat. 4968). 

19 ‘‘(E) 0.5 percent of amounts made avail20 able to carry out section 5310. 

21 ‘‘(F) 0.5 percent of amounts made avail22 able to carry out section 5311. 

23 ‘‘(G) 0.75 percent of amounts made avail24 able to carry out section 5337. 


dlhill on DSK7TPTVN1PROD with BILLS
264 

•HR 4834 IH

1 ‘‘(H) 0.75 percent of amounts made avail2 able to carry out section 5339. 

3 ‘‘(2) ACTIVITIES.—The activities described in 

4 this paragraph are as follows: 

5 ‘‘(A) Activities to oversee the construction 

6 of a major capital project. 

7 ‘‘(B) Activities to review and audit the 

8 safety and security, procurement, management, 

9 and financial compliance of a recipient or sub10 recipient of funds under this chapter. 

11 ‘‘(C) Activities to provide technical assist12 ance generally, and to provide technical assist13 ance to correct deficiencies identified in compli14 ance reviews and audits carried out under this 

15 section. 

16 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 

17 Government shall pay the entire cost of carrying out 

18 a contract under this subsection. 

19 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 

20 Funds made available under paragraph (1)(C) shall 

21 be made available to the Secretary before allocating 

22 the funds appropriated to carry out any project 

23 under a full funding grant agreement. 

24 ‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.—A 

25 grant or contract that is approved by the Secretary and 


dlhill on DSK7TPTVN1PROD with BILLS
265 

•HR 4834 IH

1 financed with amounts made available from the Mass 

2 Transit Account of the Highway Trust Fund pursuant to 

3 this section is a contractual obligation of the Government 

4 to pay the Government share of the cost of the project. 

5 ‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts made 

6 available by or appropriated under this section shall re7 main available until expended.’’. 

8 SEC. 3010. BUS AND BUS FACILITIES PROGRAM. 

9 (a) IN GENERAL.—Section 5339 is amended as fol10 lows: 

11 (1) The section heading is amended by striking 

12 ‘‘Formula’’. 

13 (2) Subsection (c) is amended— 

14 (A) by revising paragraph (1) to read as 

15 follows: 

16 ‘‘(1) RECIPIENTS.—Eligible recipients under 

17 this section are States and local governmental enti18 ties that operate fixed route bus service or des19 ignated recipients that allocate funding to fixed 

20 route bus operators.’’; and 

21 (B) in paragraph (2), by striking ‘‘des22 ignated’’. 

23 (3) Subsection (d) is amended— 

24 (A) by striking the matter preceding para25 graph (1) and inserting: 


dlhill on DSK7TPTVN1PROD with BILLS
266 

•HR 4834 IH

1 ‘‘(d) DISTRIBUTION OF GRANTS FUNDS.—Funds 

2 made available under section 5338 to carry out this sec3 tion shall be allocated as follows:’’; 

4 (B) by redesignating paragraphs (1) and 

5 (2) as paragraphs (2) and (3), respectively; and 

6 (C) by inserting a new paragraph (1) to 

7 read as follows: 

8 ‘‘(1) COMPETITIVE ALLOCATION.—Thirty per9 cent shall be distributed on a competitive basis by 

10 the Secretary.’’. 

11 (4) Subsection (e) is amended— 

12 (A) in paragraph (1) by striking ‘‘sub13 section (d)(1)’’ and inserting ‘‘subsection 

14 (d)(2)’’; and 

15 (B) in paragraph (2) by striking ‘‘sub16 section (d)(2)’’ and inserting ‘‘subsection 

17 (d)(3)’’. 

18 (5) Subsection (g) is amended— 

19 (A) by inserting at the end of the first sen20 tence ‘‘under subsections (d)(2) and (d)(3) or 

21 three years after the fiscal year in which the 

22 project competitively selected under subsection 

23 (d)(1) is announced’’; and 

24 (B) by revising the second sentence to read 

25 as follows: ‘‘Not later than 30 days after the 


dlhill on DSK7TPTVN1PROD with BILLS
267 

•HR 4834 IH

1 end of the 3-year period described in the pre2 ceding sentence— 

3 ‘‘(1) any amount allocated under subsection 

4 (d)(1) that is not obligated on the last day of that 

5 period shall be added to the amount that may be 

6 available under such subsection in the next fiscal 

7 year; and 

8 ‘‘(2) any amount apportioned under subsection 

9 (d)(2) and (d)(3) that is not obligated on the last 

10 day of that period shall be added to the amount that 

11 may be apportioned under such subsections in the 

12 next fiscal year.’’. 

13 (b) CHAPTER ANALYSIS.—The analysis for chapter 

14 53 is amended by striking the item relating to section 

15 5339 and inserting the following: 

‘‘5339. Bus and Bus Facilities Program.’’. 

16 SEC. 3011. RAPID GROWTH AREA TRANSIT PROGRAM. 

17 (a) IN GENERAL.—Chapter 53 of title 49, United 

18 States Code, is amended by inserting at the end the fol19 lowing: 

20 ‘‘§ 5341. Rapid Growth Area Transit Program 

21 ‘‘(a) IN GENERAL.—The Secretary may make grants 

22 on a competitive basis to State and local governmental en23 tities for bus rapid transit projects, which may include ac24 quisition of right-of-way or land for purposes of future en25 hancements to public transportation in the project corVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
268 

•HR 4834 IH

1 ridor. Such projects shall serve a high-traffic transpor2 tation artery located in an urbanized or rural area that— 

3 ‘‘(1) has experienced moderate to significant 

4 population growth between the 2000 and 2010 de5 cennial census of population; and 

6 ‘‘(2) has a transit system in revenue service 

7 that— 

8 ‘‘(A) has experienced a moderate to signifi9 cant increase in ridership; and 

10 ‘‘(B) has the financial capacity to pay op11 erating expenses for the existing system and an 

12 expanded system. 

13 ‘‘(b) GOVERNMENT’S SHARE OF COSTS.— 

14 ‘‘(1) FEDERAL TRANSIT ASSISTANCE.—A grant 

15 for a bus rapid transit project financed from 

16 amounts made available to carry out this section 

17 shall be for up to 50 percent of the net capital costs 

18 of the project. 

19 ‘‘(2) FEDERAL-AID HIGHWAY ASSISTANCE.—Up 

20 to 30 percent of the net project costs may be derived 

21 from the Surface Transportation Program and the 

22 Congestion Mitigation and Air Quality Improvement 

23 Program. 

24 ‘‘(3) REMAINDER OF NET CAPITAL PROJECT

25 COST.—The remainder of the net capital project cost 


dlhill on DSK7TPTVN1PROD with BILLS
269 

•HR 4834 IH

1 shall be provided from an undistributed cash sur2 plus, a replacement or depreciation cash fund or re3 serve, or new capital.’’. 

4 (b) CHAPTER ANALYSIS.—The analysis for chapter 

5 53 is amended by inserting at the end the following: 

‘‘5341. Rapid Growth Area Transit Program.’’. 

6 SEC. 3012. TECHNICAL CORRECTIONS. 

7 (a) STATEWIDE AND NONMETROPOLITAN TRANSPOR8 TATION PLANNING.—Section 5304 is amended— 

9 (1) in subsection (d)(2)(B)(ii)— 

10 (A) by striking ‘‘urbanized’’; and 

11 (B) by striking ‘‘with a population of fewer 

12 than 200,000, as calculated according to the 

13 most recent decennial census, and’’; and 

14 (2) in subsection (d)(2)(C)— 

15 (A) by striking ‘‘title 23’’ and by inserting 

16 ‘‘this Chapter’’; 

17 (B) by striking ‘‘urbanized’’; and 

18 (C) by striking ‘‘with a population of fewer 

19 than 200,000, as calculated according to the 

20 most recent decennial census, and’’. 

21 (b) URBANIZED AREA FORMULA GRANT PRO22 GRAM.—Section 5307 is amended in subsections (a)(2)(A) 

23 and (B), by inserting before ‘‘during’’ each place it ap24 pears the following: ‘‘or general demand response service’’. 


dlhill on DSK7TPTVN1PROD with BILLS
270 

•HR 4834 IH

1 (c) FIXED GUIDEWAY CAPITAL INVESTMENT

2 GRANTS.—Section 5309 is amended— 

3 (1) in subsections (d)(1)(B) and (g)(2)(A)(i), 

4 by striking ‘‘policies and land use patterns that pro5 mote public transportation,’’ in each place it ap6 pears; 

7 (2) in subsection 5309(d)(2)(A)— 

8 (A) in clause (iii) by inserting ‘‘and’’ after 

9 the semicolon preceding the matter in subpara10 graph (iv); 

11 (B) by striking clause (iv); and 

12 (C) by redesignating clause (v) as clause 

13 (iv). 

14 (d) RESEARCH, DEVELOPMENT, DEMONSTRATION, 

15 AND DEPLOYMENT PROJECTS.—Section 5312 is amend16 ed— 

17 (1) in subsection (d)(5)(A)— 

18 (A) in clause (i)(II), by striking ‘‘section 

19 5303’’ and inserting ‘‘23 U.S.C. 101(a)(14)’’; 

20 and 

21 (B) by striking clause (vi), and inserting 

22 the following: 

23 ‘‘(vi) RECIPIENT.—The term ‘recipi24 ent’ means a designated recipient, a local 

25 governmental entity, or a State that reVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
271 

•HR 4834 IH

1 ceives a Federal low or no emissions vehi2 cle grant for an urbanized area eligible 

3 under clause (i) of this paragraph directly 

4 from the Government.’’; 

5 (2) in subsection (d)(5)(C)(ii), by striking 

6 ‘‘5323(j)’’ and inserting ‘‘5323(i)’’; and 

7 (3) in subsection (d)(5)(D), by revising the 

8 matter preceding clause (i) to read as follows: 

9 ‘‘(D) ALLOCATIONS.—Of the amounts 

10 made available to carry out this section in each 

11 fiscal year, a sum, in an amount to be deter12 mined by the Secretary, shall be available to 

13 carry out this paragraph, of which—’’. 

14 (e) BICYCLE FACILITIES.—Section 5319 is amend15 ed— 

16 (1) in the first sentence, after ‘‘5307’’ by strik17 ing ‘‘, 5309,’’; 

18 (2) by striking ‘‘Notwithstanding sections 

19 5307(d), 5309(l), and 5311(g), a’’ and inserting 

20 ‘‘A’’; and 

21 (3) by striking ‘‘5307(d)(1)(K)’’ and inserting 

22 ‘‘5307(c)(1)(K)’’. 

23 (f) HUMAN RESOURCES AND TRAINING.—Section 

24 5322(d)(4) is amended by striking ‘‘subsection’’ and in25 serting ‘‘section.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
272 

•HR 4834 IH

1 (g) APPORTIONMENTS OF APPROPRIATIONS FOR

2 FORMULA GRANTS.—Section 5336(a) is amended by 

3 striking ‘‘(h)(4)’’ and inserting ‘‘(h)(5)’’. 

4 (h) STATE OF GOOD REPAIR PROGRAM.—Section 

5 5337 is amended— 

6 (1) in subsection (c)(2)(B) by striking 

7 ‘‘5336(b)(1)’’ and inserting ‘‘5336(b)(2)’’; 

8 (2) in subsection (d)(1) by striking ‘‘a facility 

9 with access for other high-occupancy vehicles’’ and 

10 inserting ‘‘high occupancy vehicle lanes during peak 

11 hours’’; 

12 (3) in subsection (d)(2) by inserting ‘‘vehicle’’ 

13 after ‘‘motorbus’’; and 

14 (4) by inserting the following at the end: 

15 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

16 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

17 project under this section shall be for 80 percent of 

18 the net project cost of the project. The recipient may 

19 provide additional local matching amounts. 

20 ‘‘(2) REMAINING COSTS.—The remainder of the 

21 net project costs shall be provided from an undis22 tributed cash surplus, a replacement or depreciation 

23 cash fund or reserve, or new capital.’’. 

24 (i) OVERSIGHT.—Section 5338(i)(1) is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
273 

•HR 4834 IH

1 (1) in subparagraph (G), by striking ‘‘section 

2 5337(c)’’ and inserting ‘‘section 5337’’; and 

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

4 ‘‘(H) 0.75 percent of the amounts made 

5 available to carry out section 5339.’’. 

6 (j) BUS AND BUS FACILITIES FORMULA PRO7 GRAM.—Section 5339 is amended— 

8 (1) in subsection (a)— 

9 (A) by inserting before ‘‘financing’’ the fol10 lowing: ‘‘only for the purposes of’’; and 

11 (B) by striking ‘‘rehabilitate’’ and insert12 ing ‘‘rebuild’’; and 

13 (2) by revising subsection (c) to read as follows: 

14 ‘‘(c) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.— 

15 ‘‘(1) RECIPIENTS.—Eligible recipients under 

16 this section are designated recipients that allocate 

17 funds to fixed route bus operators or State or local 

18 governmental entities that operate fixed route bus 

19 service. 

20 ‘‘(2) SUBRECIPIENTS.—A recipient that re21 ceives a grant under this section may allocate 

22 amounts of the grant to subrecipients that are public 

23 agencies or private nonprofit organizations engaged 

24 in public transportation.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
274 

•HR 4834 IH

1 (k) GROWING STATES AND HIGH DENSITY

2 STATES.—Section 5340(b) is amended by striking 

3 ‘‘5338(b)(2)(M)’’ and inserting ‘‘5338(a)(2)(K)’’. 

4 (l) TECHNICAL CORRECTIONS TO SURFACE TRANS5 PORTATION BOARD JURISDICTION.—Section 10501(c) is 

6 amended— 

7 (1) in clause (1)(A)(i), by striking ‘‘5302(a)’’ 

8 and inserting ‘‘5302’’; 

9 (2) in subparagraph (1)(B), by striking ‘‘mass 

10 transportation’’ and inserting ‘‘public transpor11 tation’’ and by striking ‘‘5302(a)’’ and inserting 

12 ‘‘5302’’; and 

13 (3) in subparagraph (2)(A), by striking ‘‘mass 

14 transportation’’ and inserting ‘‘public transpor15 tation’’. 

16 SEC. 3013. TECHNICAL CORRECTIONS OF TITLE II, DIVI17 SION B, OF MAP–21. 

18 Section 20013(d) of Public Law 112–141 is amended 

19 by striking ‘‘5307(c)’’ and inserting ‘‘5307(b)’’. 

20 SEC. 3014. ELIMINATION OF FTA ANNUAL RESEARCH RE21 PORTING REQUIREMENT. 

22 Section 5312 is amended— 

23 (1) by striking subsection (e); and 

24 (2) by redesignating subsection (f) as sub25 section (e). 


dlhill on DSK7TPTVN1PROD with BILLS
275 

•HR 4834 IH

1 TITLE IV—HIGHWAY AND MOTOR 

2 VEHICLE SAFETY 

3 Subtitle A—Traffic Safety 

4 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—The following sums are author6 ized to be appropriated out of the Highway Account of 

7 the Transportation Trust Fund: 

8 (1) HIGHWAY SAFETY PROGRAMS.—For car9 rying out section 402 of title 23, United States 

10 Code— 

11 (A) $241,146,351 for fiscal year 2015; 

12 (B) $253,203,669 for fiscal year 2016; 

13 (C) $265,863,852 for fiscal year 2017; and 

14 (D) $279,157,045 for fiscal year 2018. 

15 (2) HIGHWAY SAFETY RESEARCH AND DEVEL16 OPMENT.—For carrying out section 403 of title 23, 

17 United States Code— 

18 (A) $117,000,000 for fiscal year 2015; 

19 (B) $122,850,000 for fiscal year 2016; 

20 (C) $128,992,500 for fiscal year 2017; and 

21 (D) $135,442,125 for fiscal year 2018. 

22 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

23 For carrying out section 405 of title 23, United 

24 States Code— 

25 (A) $278,705,019 for fiscal year 2015; 


dlhill on DSK7TPTVN1PROD with BILLS
276 

•HR 4834 IH

1 (B) $292,640,270 for fiscal year 2016; 

2 (C) $307,272,283 for fiscal year 2017; and 

3 (D) $322,635,898 for fiscal year 2018. 

4 (4) NATIONAL DRIVER REGISTER.—For car5 rying out section 303 of title 49, United States 

6 Code— 

7 (A) $5,000,000 for fiscal year 2015; 

8 (B) $5,250,000 for fiscal year 2016; 

9 (C) $5,512,500 for fiscal year 2017; and 

10 (D) $5,788,125 for fiscal year 2018. 

11 (5) HIGH VISIBILITY ENFORCEMENT PRO12 GRAM.—For carrying out section 2009 of 

13 SAFETEA–LU (23 U.S.C. 402 note)— 

14 (A) $29,000,000 for fiscal year 2015; 

15 (B) $30,450,000 for fiscal year 2016; 

16 (C) $31,972,500 for fiscal year 2017; and 

17 (D) $33,571,125 for fiscal year 2018. 

18 (6) ADMINISTRATIVE EXPENSES.—For adminis19 trative and related operating expenses of the Na20 tional Highway Traffic Safety Administration in car21 rying out chapter 4 of title 23, United States Code, 

22 and this subtitle— 

23 (A) $28,148,630 for fiscal year 2015; 

24 (B) $29,556,062 for fiscal year 2016; 

25 (C) $31,033,865 for fiscal year 2017; and 


dlhill on DSK7TPTVN1PROD with BILLS
277 

•HR 4834 IH

1 (D) $32,585,558 for fiscal year 2018. 

2 (b) PROHIBITION ON OTHER USES.—Except as oth3 erwise provided in chapter 4 of title 23, United States 

4 Code, in this subtitle and in the amendments made by this 

5 subtitle, the amounts made available from the Highway 

6 Account of the Transportation Trust Fund for a program 

7 under such chapter— 

8 (1) shall only be used to carry out such pro9 gram; and 

10 (2) may not be used by States or local govern11 ments for construction purposes. 

12 (c) APPLICABILITY OF TITLE 23.—Except as other13 wise provided in chapter 4 of title 23, United States Code, 

14 and in this subtitle, amounts made available under sub15 section (a) for fiscal years 2015 through 2018 shall be 

16 available for obligation in the same manner as if such 

17 funds were apportioned or allocated under chapter 1 of 

18 title 23, United States Code. 

19 (d) REGULATORY AUTHORITY.—Grants awarded 

20 under this subtitle shall be in accordance with regulations 

21 issued by the Secretary. 

22 (e) STATE MATCHING REQUIREMENTS.—If a grant 

23 awarded under this subtitle requires a State to share in 

24 the cost, the aggregate of all expenditures for highway 

25 safety activities made during any fiscal year by the State 


dlhill on DSK7TPTVN1PROD with BILLS
278 

•HR 4834 IH

1 and its political subdivisions (exclusive of Federal funds) 

2 for carrying out the grant (other than planning and ad3 ministration) shall be available for the purpose of crediting 

4 the State during such fiscal year for the non-Federal share 

5 of the cost of any project under this subtitle (other than 

6 planning or administration) without regard to whether 

7 such expenditures were actually made in connection with 

8 such project. 

9 (f) GRANT APPLICATION AND DEADLINE.—To re10 ceive a grant under this subtitle, a State shall submit an 

11 application, and the Secretary shall establish a single 

12 deadline for such applications to enable the award of 

13 grants early in the next fiscal year. 

14 SEC. 4002. HIGHWAY SAFETY PROGRAMS. 

15 (a) SECTION 402(a) AMENDMENTS.—Section 

16 402(a)(2)(A) of title 23, United States Code, is amended 

17 by— 

18 (1) striking ‘‘and’’ at the end of clause (vi); 

19 (2) redesignating clause (vii) as clause (ix); and 

20 (3) inserting after clause (vi) the following: 

21 ‘‘(vii) to reduce injuries and deaths to 

22 older drivers; 

23 ‘‘(viii) to improve emergency medical 

24 services response to crash sites; and’’. 


dlhill on DSK7TPTVN1PROD with BILLS
279 

•HR 4834 IH

1 (b) SECTION 402(b) AMENDMENTS.—Section 

2 402(b)(1)(F) of title 23, United States Code, is amend3 ed— 

4 (1) by redesignating clauses (iii) through (v) as 

5 clauses (iv) through (vi), respectively; and 

6 (2) by inserting after clause (ii) the following: 

7 ‘‘(iii) countermeasures designed to de8 crease deaths and injuries to pedestrians 

9 and bicyclists traveling in the roadways;’’. 

10 (c) SECTION 402(c) AMENDMENTS.—Section 402(c) 

11 of title 23, United States Code, is amended— 

12 (1) in paragraph (2) by striking ‘‘Funds appor13 tioned under this section to any State,’’ and all that 

14 follows; 

15 (2) by redesignating paragraphs (3) and (4) as 

16 paragraphs (4) and (5), respectively; 

17 (3) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) REDUCTION IN APPORTIONMENT.— 

20 ‘‘(A) NONAPPROVED PROGRAMS.—Funds 

21 apportioned under this section to any State, 

22 that does not have a highway safety program 

23 approved by the Secretary or that is not imple24 menting an approved program, shall be reduced 

25 by amounts equal to not less than 20 percent 


dlhill on DSK7TPTVN1PROD with BILLS
280 

•HR 4834 IH

1 of the amounts that would otherwise be appor2 tioned to the State under this section, until 

3 such time as the Secretary approves such pro4 gram or determines that the State is imple5 menting an approved program, as appropriate. 

6 The Secretary shall consider the gravity of the 

7 State’s failure to have or implement an ap8 proved program in determining the amount of 

9 the reduction. 

10 ‘‘(B) HIGH RISK.—In consultation with the 

11 State, the Secretary shall take appropriate 

12 steps to address any deficiencies if a State is 

13 determined to be ‘high-risk’ under regulations 

14 or procedures of the Secretary, taking into con15 sideration responsibility, financial stability, and 

16 management and staffing capabilities. In the 

17 fiscal year in which a State has been deter18 mined ‘high-risk’, the Secretary shall redirect 

19 funds sufficient to address the deficiency. If the 

20 State fails to take adequate steps to address the 

21 deficiency within 12 months after a ‘high-risk’ 

22 designation, in the next fiscal year the Sec23 retary shall reduce funds under this section by 

24 not less than 20 percent of the amounts that 

25 would otherwise be apportioned to the State 


dlhill on DSK7TPTVN1PROD with BILLS
281 

•HR 4834 IH

1 under this section. The Secretary shall consider 

2 the gravity of the State’s failure to address the 

3 deficiency in determining the amount of the re4 duction. The Secretary shall increase the 

5 amount of the reduction in each subsequent fis6 cal year in which the State fails to take ade7 quate steps to address the deficiency.’’; and 

8 (4) in paragraph (4), as redesignated— 

9 (A) by striking ‘‘or’’ after ‘‘highway safety 

10 program’’ and inserting a comma; and 

11 (B) by inserting ‘‘or determines that the 

12 State has taken adequate steps to address a de13 ficiency’’ after ‘‘approved program’’. 

14 (d) SECTION 402(g) AMENDMENT.—Section 402 of 

15 title 23, United States Code, is amended by striking sub16 section (g) and inserting after subsection (f) the following: 

17 ‘‘(g) RESTRICTION.—Nothing in this section may be 

18 construed to authorize the appropriation or expenditure 

19 of funds for highway construction, maintenance, or design 

20 (other than design of safety features of highways to be 

21 incorporated into guidelines).’’. 


dlhill on DSK7TPTVN1PROD with BILLS
282 

•HR 4834 IH

1 SEC. 4003. AMENDMENT TO SECTION 405 NATIONAL PRI2 ORITY SAFETY PROGRAMS TRANSFER AU3 THORITY. 

4 Section 405(a)(1)(G) of title 23, United States Code, 

5 is amended by adding after the last sentence the following: 

6 ‘‘If the Secretary reallocates any amounts to increase the 

7 amount made available under section 402, the State shall 

8 use not less than 30 percent for the purposes of pedestrian 

9 and bicycle safety if the State’s combined pedestrian and 

10 bicycle fatalities exceed 5 percent of the State’s total crash 

11 fatalities, based on the most recently reported final data 

12 from the Fatality Analysis Reporting System.’’. 

13 SEC. 4004. AMENDMENT TO MOTORCYCLIST SAFETY GRANT 

14 CRITERIA. 

15 Section 405(f) of title 23, United States Code, is 

16 amended by inserting the following after paragraph (5): 

17 ‘‘(6) SUPPORT ACTIVITY.—The Secretary or the 

18 Secretary’s designee may engage in activities with 

19 States and State legislators to consider proposals re20 lated to motorcycle helmet use laws.’’. 

21 SEC. 4005. AMENDMENT TO GRADUATED DRIVER LICENS22 ING INCENTIVE GRANT CRITERIA. 

23 Section 405 of title 23, United States Code, is 

24 amended by striking subsection (g) and inserting the fol25 lowing: 


dlhill on DSK7TPTVN1PROD with BILLS
283 

•HR 4834 IH

1 ‘‘(g) STATE GRADUATED DRIVER LICENSING INCEN2 TIVE GRANT.— 

3 ‘‘(1) GRANTS AUTHORIZED.—The Secretary 

4 shall award grants to States that adopt and imple5 ment graduated driver licensing laws that require 

6 novice drivers younger than 18 years of age to com7 ply with the 2-stage licensing process described in 

8 paragraph (2) before receiving an unrestricted driv9 er’s license. 

10 ‘‘(2) MINIMUM REQUIREMENTS.—A State’s 

11 driver’s license laws shall include— 

12 ‘‘(A) a learner’s permit stage that— 

13 ‘‘(i) is at least 6 months in duration, 

14 but must remain in effect until the driver 

15 reaches 16 years of age; 

16 ‘‘(ii) requires that the driver be ac17 companied and supervised at all times 

18 while such driver is operating a motor ve19 hicle by a licensed driver who is at least 21 

20 years of age, is the driver’s parent or 

21 guardian, or is a State-certified driving in22 structor; and 

23 ‘‘(iii) has at least two of the following 

24 criteria: 


dlhill on DSK7TPTVN1PROD with BILLS
284 

•HR 4834 IH

1 ‘‘(I) a prohibition on the driver 

2 using a personal wireless communica3 tions device, as defined in subsection 

4 (e)(9)(B), while driving except under 

5 an exception permitted in subsection 

6 (e)(4), and violation of which is a pri7 mary offense; 

8 ‘‘(II) a requirement that the driv9 er obtain at least 40 hours of behind10 the-wheel training with a licensed 

11 driver who is at least 21 years of age, 

12 is the driver’s parent or guardian, or 

13 is a State-certified driving instructor; 

14 ‘‘(III) a requirement that the 

15 driver attend a driver training course; 

16 or 

17 ‘‘(IV) a requirement that the 

18 driver not be convicted, for a period of 

19 six consecutive months immediately 

20 prior to entering the intermediate 

21 stage or receiving an unrestricted 

22 driver’s license, of any offense under 

23 State or local law relating to the use 

24 or operation of a motor vehicle; 

25 ‘‘(B) an intermediate stage that— 


dlhill on DSK7TPTVN1PROD with BILLS
285 

•HR 4834 IH

1 ‘‘(i) is at least 6 months in duration; 

2 ‘‘(ii) restricts driving at night; 

3 ‘‘(iii) for a period of not less than six 

4 months, prohibits the driver from oper5 ating a motor vehicle with more than 1 

6 nonfamilial passenger younger than 21 

7 years of age unless a licensed driver who is 

8 at least 21 years of age, is the driver’s par9 ent or guardian, or is a State-certified 

10 driving instructor is in the motor vehicle; 

11 and 

12 ‘‘(iv) has at least one of the following 

13 criteria: 

14 ‘‘(I) a requirement that the inter15 mediate stage remain in effect until 

16 the driver reaches 18 years of age; 

17 ‘‘(II) a prohibition on the driver 

18 using a personal wireless communica19 tions device, as defined in subsection 

20 (e)(9)(B), while driving except under 

21 an exception permitted in subsection 

22 (e)(4), and violation of which is a pri23 mary offense; or 

24 ‘‘(III) a requirement that the 

25 driver not be convicted, for a period of 


dlhill on DSK7TPTVN1PROD with BILLS
286 

•HR 4834 IH

1 six consecutive months immediately 

2 prior to receiving an unrestricted driv3 er’s license, of any offense under 

4 State or local law relating to the use 

5 or operation of a motor vehicle; and 

6 ‘‘(C) any other requirement prescribed by 

7 the Secretary. 

8 ‘‘(3) EXCEPTION.—A State that otherwise 

9 meets the minimum requirements set forth in para10 graph (2) shall be deemed by the Secretary to be in 

11 compliance with the requirement set forth in para12 graph (2) if the State enacted a law before January 

13 1, 2011, establishing a class of license that permits 

14 licensees or applicants younger than 18 years of age 

15 to drive a motor vehicle— 

16 ‘‘(A) in connection with work performed 

17 on, or for the operation of, a farm owned by 

18 family members who are directly related to the 

19 applicant or licensee; or 

20 ‘‘(B) if demonstrable hardship would result 

21 from the denial of a license to the licensees or 

22 applicants. 

23 ‘‘(4) GRANTS TO STATES THAT IMPLEMENT NA24 TIONAL DRIVER EDUCATION STANDARDS AND EN25 HANCED INTERMEDIATE STAGE RESTRICTIONS.— 


dlhill on DSK7TPTVN1PROD with BILLS
287 

•HR 4834 IH

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

2 make a separate grant under this paragraph, in 

3 accordance with subparagraphs (B) and (C), to 

4 each State that implements national driver edu5 cation and training standards prescribed by the 

6 National Highway Traffic Safety Administra7 tion and enhanced intermediate stage restric8 tions. 

9 ‘‘(B) FIRST YEAR.—A State is eligible for 

10 the grant described in this paragraph if the 

11 State— 

12 ‘‘(i) has not received a grant under 

13 this paragraph in a prior fiscal year; 

14 ‘‘(ii) receives a grant in the same fis15 cal year pursuant to paragraph (1); 

16 ‘‘(iii) has satisfied the criterion de17 scribed in paragraph (2)(A)(iii)(III) for the 

18 same fiscal year; and 

19 ‘‘(iv) submits a plan, approved by the 

20 Secretary, to implement national driver 

21 education and training standards pre22 scribed by the National Highway Traffic 

23 Safety Administration. 


dlhill on DSK7TPTVN1PROD with BILLS
288 

•HR 4834 IH

1 ‘‘(C) SUCCESSIVE YEARS.—A State is eligi2 ble for the grant described in this paragraph if 

3 the State— 

4 ‘‘(i) has received a grant under this 

5 paragraph in a prior fiscal year; 

6 ‘‘(ii) receives a grant in the same fis7 cal year pursuant to paragraph (1); 

8 ‘‘(iii) has satisfied the criterion de9 scribed in paragraph (2)(A)(iii)(III) for the 

10 same fiscal year; 

11 ‘‘(iv) demonstrates, to the satisfaction 

12 of the Secretary, that it is implementing 

13 the plan described in subparagraph 

14 (B)(iv); 

15 ‘‘(v) imposes the restrictions described 

16 in paragraph (2)(B)(ii) beginning no later 

17 than 10:00 pm; and 

18 ‘‘(vi) imposes the restrictions de19 scribed in paragraph (2)(B)(iii) for the en20 tire intermediate stage. 

21 ‘‘(D) FUNDING.—Not more than 33 per22 cent of the amounts made available to carry out 

23 this subsection in a fiscal year shall be made 

24 available by the Secretary for making grants 

25 under this paragraph. 


dlhill on DSK7TPTVN1PROD with BILLS
289 

•HR 4834 IH

1 ‘‘(5) GRANT AMOUNT.—The allocation of grant 

2 funds to a State under this subsection for a fiscal 

3 year shall be in proportion to the State’s apportion4 ment under section 402 for fiscal year 2009. 

5 ‘‘(6) USE OF GRANT AMOUNTS.—Of the grant 

6 funds received by a State under this subsection— 

7 ‘‘(A) at least 25 percent shall be used 

8 for— 

9 ‘‘(i) enforcing a 2-stage licensing 

10 process that complies with paragraph (2); 

11 ‘‘(ii) training for law enforcement per12 sonnel and other relevant State agency 

13 personnel relating to the enforcement de14 scribed in clause (i); 

15 ‘‘(iii) publishing relevant educational 

16 materials that pertain directly or indirectly 

17 to the State graduated driver licensing law; 

18 ‘‘(iv) carrying out other administrative 

19 activities that the Secretary considers rel20 evant to the State’s 2-stage licensing proc21 ess; or 

22 ‘‘(v) carrying out a teen traffic safety 

23 program described in section 402(m); and 

24 ‘‘(B) up to 75 percent may be used for any 

25 eligible project or activity under section 402.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
290 

•HR 4834 IH

1 SEC. 4006. AMENDMENT TO IGNITION INTERLOCK GRANT 

2 CRITERIA. 

3 Section 405(d)(6) of title 23, United States Code, is 

4 amended by striking subparagraph (A) and inserting the 

5 following: 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 make a separate grant under this subsection to 

8 each State that adopts and is enforcing a law 

9 that requires all individuals convicted of driving 

10 under the influence of alcohol or of driving 

11 while intoxicated to receive— 

12 ‘‘(i) a restriction on driving privileges 

13 that limits the individual to operating only 

14 motor vehicles with an ignition interlock 

15 installed; or 

16 ‘‘(ii) a requirement to participate in a 

17 24–7 sobriety program, if— 

18 ‘‘(I) a State-certified ignition 

19 interlock provider is not available 

20 within 100 miles of the individual’s 

21 residence; or 

22 ‘‘(II) the individual is required to 

23 operate an employer’s motor vehicle in 

24 the course and scope of employment 

25 and the business entity that owns the 


dlhill on DSK7TPTVN1PROD with BILLS
291 

•HR 4834 IH

1 vehicle is not owned or controlled by 

2 the individual.’’. 

3 SEC. 4007. AMENDMENT TO REPEAT OFFENDER AND OPEN 

4 CONTAINER CRITERIA. 

5 (a) DEFINITIONS.—Section 164(a) of title 23, United 

6 States Code, is amended— 

7 (1) by redesignating paragraphs (1) through 

8 (4) as paragraphs (2) through (5), respectively; 

9 (2) by inserting before paragraph (2), as redes10 ignated, the following: 

11 ‘‘(1) 24–7 SOBRIETY PROGRAM.—The term 

12 ‘24–7 sobriety program’ means a State law or pro13 gram that authorizes a State court or a State agen14 cy to— 

15 ‘‘(A) require an individual who plead guilty 

16 or was convicted of driving under the influence 

17 of alcohol to totally abstain from alcohol for a 

18 period of time; and 

19 ‘‘(B) require the individual to be subject to 

20 testing for alcohol— 

21 ‘‘(i) at least twice per day; or 

22 ‘‘(ii) by continuous transdermal alco23 hol monitoring via an electronic monitoring 

24 device.’’; 


dlhill on DSK7TPTVN1PROD with BILLS
292 

•HR 4834 IH

1 (3) in paragraph (5), as redesignated, by strik2 ing subparagraph (A) and inserting the following: 

3 ‘‘(A) receive, for a period of not less than 

4 1 year, one or more of the following penalties— 

5 ‘‘(i) a suspension of all driving privi6 leges; 

7 ‘‘(ii) a restriction on driving privileges 

8 that limits the individual to operating only 

9 motor vehicles with an ignition interlock 

10 device installed; 

11 ‘‘(iii) a requirement to participate in a 

12 24–7 sobriety program, if— 

13 ‘‘(I) a State-certified ignition 

14 interlock provider is not available 

15 within 100 miles of the individual’s 

16 residence; or 

17 ‘‘(II) the individual is required to 

18 operate an employer’s motor vehicle in 

19 the course and scope of employment 

20 and the business entity that owns the 

21 vehicle is not owned or controlled by 

22 the individual; or 

23 ‘‘(iv) any other restriction established 

24 by regulations promulgated by the Sec25 retary;’’; 


dlhill on DSK7TPTVN1PROD with BILLS
293 

•HR 4834 IH

1 (4) in paragraph (5), as redesignated, by strik2 ing subparagraph (B); and 

3 (5) in paragraph (5), as redesignated, by redes4 ignating subparagraphs (C) and (D) as subpara5 graphs (B) and (C), respectively. 

6 (b) TRANSFER OF FUNDS.—Section 164(b) of title 

7 23, United States Code, is amended— 

8 (1) in paragraph (2)(A), by striking ‘‘among 

9 the uses authorized under subparagraphs (A) and 

10 (B) of paragraph (1), and paragraph (3).’’ and in11 serting ‘‘among the uses authorized under subpara12 graphs (A) and (B) of paragraph (1), paragraph (3), 

13 and, beginning in fiscal year 2015, subparagraph 

14 (C).’’; and 

15 (2) by inserting the following after paragraph 

16 (2)(B): 

17 ‘‘(C) ADDITIONAL USES OF FUNDS.—Be18 ginning in fiscal year 2015, of the funds trans19 ferred under subparagraph (B)(i)— 

20 ‘‘(i) not less than 5 percent shall be 

21 expended for pedestrian and bicycle safety 

22 activities if the State’s combined pedes23 trian and bicycle fatalities exceed 5 percent 

24 of the State’s total crash fatalities, based 

25 on the most recently reported final data 


dlhill on DSK7TPTVN1PROD with BILLS
294 

•HR 4834 IH

1 from the Fatality Analysis Reporting Sys2 tem; and 

3 ‘‘(ii) not more than 60 percent may be 

4 directed to State and local law enforcement 

5 agencies for enforcement of laws that can 

6 lead to the detection of impaired drivers, 

7 including the purchase of equipment, the 

8 training of officers, and the use of addi9 tional personnel dedicated to enforce10 ment.’’. 

11 (c) TRANSFER OF FUNDS.—Section 154(c) of title 

12 23, United States Code, is amended— 

13 (1) in paragraph (2)(A), by striking ‘‘use those 

14 reserved funds in accordance with subparagraphs 

15 (A) and (B) of paragraph (1) and paragraph (3).’’ 

16 and inserting ‘‘use those reserved funds in accord17 ance with subparagraphs (A) and (B) of paragraph 

18 (1), paragraph (3), and, beginning in fiscal year 

19 2015, subparagraph (C).’’; and 

20 (2) by inserting the following after paragraph 

21 (2)(B): 

22 ‘‘(C) ADDITIONAL USES OF FUNDS.—Be23 ginning in fiscal year 2015, of the funds trans24 ferred under subparagraph (B)(i)— 


dlhill on DSK7TPTVN1PROD with BILLS
295 

•HR 4834 IH

1 ‘‘(i) not less than 5 percent shall be 

2 expended for pedestrian and bicycle safety 

3 activities if the State’s combined pedes4 trian and bicycle fatalities exceed 5 percent 

5 of the State’s total crash fatalities, based 

6 on the most recently reported final data 

7 from the Fatality Analysis Reporting Sys8 tem; and 

9 ‘‘(ii) not more than 60 percent may be 

10 directed to State and local law enforcement 

11 agencies for enforcement of laws that can 

12 lead to the detection of impaired drivers, 

13 including the purchase of equipment, the 

14 training of officers, and the use of addi15 tional personnel dedicated to enforce16 ment.’’. 

17 SEC. 4008. AMENDMENT TO DISTRACTED DRIVING GRANT 

18 CRITERIA. 

19 Section 405(e) of title 23, United States Code, is 

20 amended— 

21 (1) in paragraph (3)— 

22 (A) by inserting ‘‘and’’ at the end of sub23 paragraph (B); and 


dlhill on DSK7TPTVN1PROD with BILLS
296 

•HR 4834 IH

1 (B) by striking subparagraph (C) and re2 designating subparagraph (D) as subparagraph 

3 (C); 

4 (2) in paragraph (4)(C), by striking ‘‘section 

5 31152’’ and inserting ‘‘section 31136’’; 

6 (3) in paragraph (5), by striking ‘‘Of’’ and in7 serting ‘‘Except as provided in paragraph (6)(B), 

8 of’’; 

9 (4) by striking paragraph (6) and inserting 

10 after paragraph (5) the following: 

11 ‘‘(6) DISTRACTED DRIVING ENFORCEMENT

12 GRANTS.— 

13 ‘‘(A) IN GENERAL.—The Secretary may 

14 use up to 50 percent of the amounts available 

15 for grants under this subsection to award 

16 grants to a State that— 

17 ‘‘(i) in fiscal year 2015— 

18 ‘‘(I) has a basic text messaging 

19 statute, as determined by the Sec20 retary, that is applicable to drivers of 

21 all ages; 

22 ‘‘(II) makes violation of the stat23 ute a primary offense; 

24 ‘‘(III) participates in the annual 

25 distracted driving law enforcement 


dlhill on DSK7TPTVN1PROD with BILLS
297 

•HR 4834 IH

1 mobilization coordinated by the Sec2 retary; and 

3 ‘‘(IV) is otherwise ineligible for a 

4 grant under this subsection; 

5 ‘‘(ii) in fiscal year 2016— 

6 ‘‘(I) meets the requirements of 

7 subparagraph (A)(i); and 

8 ‘‘(II) has a statute that estab9 lishes a minimum fine for a first vio10 lation and increased fines for repeat 

11 violations of the statute; and 

12 ‘‘(iii) in fiscal year 2017— 

13 ‘‘(I) meets the requirements of 

14 subparagraphs (A)(i) and (A)(ii); and 

15 ‘‘(II) has a statute that prohibits 

16 a driver who is younger than 18 years 

17 of age from using a personal wireless 

18 communications device while driving. 

19 ‘‘(B) USE OF GRANT FUNDS; ENFORCE20 MENT GRANTS.— 

21 ‘‘(i) Subject to subparagraphs (B)(ii) 

22 and (B)(iii), amounts received by a State 

23 under subparagraph (A) may be used for 

24 activities related to the enforcement of dis25 tracted driving laws as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
298 

•HR 4834 IH

1 ‘‘(ii) In fiscal year 2016, up to 15 

2 percent for any eligible project or activity 

3 under section 402. 

4 ‘‘(iii) In fiscal year 2017, up to 25 

5 percent for any eligible project or activity 

6 under section 402.’’; and 

7 (5) by striking paragraph (8), redesignating 

8 paragraph (7) as paragraph (8), and inserting after 

9 paragraph (6), as amended by this Act, the fol10 lowing: 

11 ‘‘(7) GRANT AMOUNT.—The allocation of grant 

12 funds to a State under this subsection shall be in 

13 proportion to the State’s apportionment under sec14 tion 402 for fiscal year 2009.’’. 

15 SEC. 4009. STREAMLINING OF NATIONAL PRIORITY SAFETY 

16 PROGRAMS. 

17 Section 405(a)(1) of title 23, United States Code, is 

18 amended by striking subparagraph (H). 

19 SEC. 4010. AMENDMENT TO HIGHWAY RESEARCH AND DE20 VELOPMENT. 

21 Section 403 of title 23, United States Code, is 

22 amended by inserting at the end the following: 

23 ‘‘(i) FEDERAL SHARE.—The Federal share of the 

24 cost of any project or activity carried out under this secVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
299 

•HR 4834 IH

1 tion may be up to 100 percent if so specified in the project 

2 agreement.’’. 

3 Subtitle B—Motor Vehicle Safety 

4 SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—The following sums are author6 ized to be appropriated out of the Highway Account of 

7 the Transportation Trust Fund to carry out chapter 301 

8 of title 49, United States Code, and part C of subtitle VI 

9 of title 49, United States Code: 

10 (1) $152,000,000 for fiscal year 2015; 

11 (2) $159,600,000 for fiscal year 2016; 

12 (3) $167,580,000 for fiscal year 2017; and 

13 (4) $175,959,000 for fiscal year 2018. 

14 (b) CONTRACT AUTHORITY.—The amounts made 

15 available under subsection (a) shall be available for obliga16 tion in the same manner as if such funds were apportioned 

17 or allocated under chapter 1 of title 23, United States 

18 Code, except that the Federal share of the cost of any 

19 project or activity carried out under chapter 301 of title 

20 49, United States Code, or part C of subtitle VI of title 

21 49, United States Code, shall be 100 percent or as other22 wise provided in the project agreement. 


dlhill on DSK7TPTVN1PROD with BILLS
300 

•HR 4834 IH

1 SEC. 4102. RECALL OBLIGATIONS UNDER BANKRUPTCY. 

2 Section 30120A of title 49, United States Code is 

3 amended by striking ‘‘chapter 11 of title 11,’’ and insert4 ing ‘‘chapter 7 or chapter 11 of title 11’’. 

5 SEC. 4103. PROHIBITION ON RENDERING SAFETY ELE6 MENTS INOPERATIVE. 

7 Section 30122 of title 49, United States Code, is 

8 amended by revising subsection (b) to read as follows: 

9 ‘‘(b) PROHIBITION.—(1) Except as provided in para10 graph (2) of this subsection, a person may not knowingly 

11 make inoperative any part of a device or element of design 

12 installed on or in a motor vehicle or motor vehicle equip13 ment in compliance with an applicable motor vehicle safety 

14 standard prescribed under this chapter unless the person 

15 reasonably believes the vehicle or equipment will not be 

16 used (except for testing or a similar purpose during main17 tenance or repair) when the device or element is inoper18 ative. 

19 ‘‘(2) The prohibition in paragraph (1) does not apply 

20 to modifications made by an individual to a motor vehicle 

21 or item of equipment owned or leased by that individual.’’. 

22 SEC. 4104. COOPERATION WITH FOREIGN GOVERNMENTS. 

23 (a) TITLE 49 AMENDMENT.—Section 30182(b) of 

24 title 49, United States Code, is amended by inserting after 

25 paragraph (5) the following: 


dlhill on DSK7TPTVN1PROD with BILLS
301 

•HR 4834 IH

1 ‘‘(6) enter into cooperative agreements (in co2 ordination with the Department of State) and col3 laborative research and development agreements 

4 with foreign governments.’’. 

5 (b) TITLE 23 AMENDMENT.—Section 403 of title 23, 

6 United States Code, is amended— 

7 (1) in subsection (b)(2)(C), by inserting ‘‘for8 eign government (in coordination with the Depart9 ment of State)’’ after ‘‘institution,’’; and 

10 (2) in subsection (c)(1)(A), by inserting ‘‘for11 eign governments,’’ after ‘‘local governments,’’. 

12 SEC. 4105. FUNCTIONAL SAFETY PROCESS. 

13 (a) STANDARDS.—Section 30111 of title 49, United 

14 States Code, is amended— 

15 (1) by revising the heading of the section to 

16 read as follows: 

17 ‘‘SEC. 30111. STANDARDS AND FUNCTIONAL SAFETY PROC18 ESS.’’; 

19 and 

20 (2) by inserting the following after subsection 

21 (e): 

22 ‘‘(f) FUNCTIONAL SAFETY PROCESS.—The Secretary 

23 shall prescribe requirements or guidelines for the design, 

24 functional safety process, verification and validation, and 

25 development of safety-related electronics or software used 


dlhill on DSK7TPTVN1PROD with BILLS
302 

•HR 4834 IH

1 in motor vehicles and motor vehicle equipment to ensure 

2 that they are likely to function as intended and contain 

3 fail safe features. The requirements shall be in the form 

4 of regulations or guidelines. In prescribing regulations or 

5 guidelines under this subsection, the Secretary shall con6 sider existing relevant safety information and motor vehi7 cle safety standards.’’. 

8 (b) lllll.—Section 30165(1) of title 49, 

9 United States Code, is amended by inserting ‘‘30111(f),’’ 

10 after ‘‘section’’. 

11 (c) RMING AMENDMENT.—The analysis for chapter 

12 301 is amended by striking the item relating to section 

13 30111 and inserting the following: 

‘‘30111. Standards and functional safety process.’’. 

14 SEC. 4106. NOTIFICATION OF DEFECT OR NONCOMPLIANCE 

15 AND IMMINENT HAZARD AUTHORITY. 

16 (a) IN GENERAL.—Section 30118 of title 49, United 

17 States Code, is amended— 

18 (1) in subsection (c), by inserting ‘‘or electronic 

19 mail’’ after ‘‘certified mail’’; and 

20 (2) by inserting after subsection (e) the fol21 lowing: 

22 ‘‘(f) IMMINENT HAZARD.—(1) If the Secretary makes 

23 an initial decision that a defect or noncompliance presents 

24 an immediate likelihood of death or serious injury to the 


dlhill on DSK7TPTVN1PROD with BILLS
303 

•HR 4834 IH

1 public, the Secretary may determine that an imminent 

2 hazard exists. In such case, the Secretary shall— 

3 ‘‘(A) immediately notify the manufacturer; 

4 ‘‘(B) make the initial decision available for pub5 lic inspection; and 

6 ‘‘(C) provide the opportunity for the manufac7 turer to present, not later than 10 calendar days 

8 after the initial decision under this subsection, infor9 mation, views, and arguments. 

10 ‘‘(2) As soon as practicable after following the proce11 dures under paragraph (1), the Secretary shall make a 

12 final decision and shall, as appropriate, require the manu13 facturer to take corrective action.’’. 

14 (b) PROCEDURES.—Not later than 2 years after the 

15 date of enactment of this Act, the Secretary shall issue 

16 procedures to implement section 30118(f) of title 49, 

17 United States Code, consistent with the provisions of 

18 chapter 301 of title 49 and the Administrative Procedure 

19 Act. 

20 SEC. 4107. AMENDMENT TO JUDICIAL REVIEW PROVISIONS. 

21 (a) IN GENERAL.—Section 30161 of title 49, United 

22 States Code, is amended— 

23 (1) by revising the heading of the section to 

24 read as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
304 

•HR 4834 IH

1 ‘‘SEC. 30161. JUDICIAL REVIEW OF ORDERS AND STAND2 ARDS.’’; 

3 and 

4 (2) by striking the first sentence of subsection 

5 (a), and inserting the following: ‘‘Except for an 

6 order to issue provisional notification under section 

7 30121 of this title, which may not be reviewed, a 

8 person adversely affected by an order issued under 

9 this chapter, a rule prescribing a motor vehicle safe10 ty standard under this chapter, or any other final 

11 agency action taken under this chapter may apply 

12 for review of the order, rule, or action by filing a pe13 tition for review in the Court of Appeals of the 

14 United States for the circuit in which the person re15 sides or has its principal place of business or the 

16 District of Columbia Circuit’’. 

17 (b) RECALLS ENFORCEMENT.—Section 30163 of title 

18 49, United States Code, is amended by adding the fol19 lowing at the end: 

20 ‘‘(f) ACTIONS TO ENFORCE RECALL ORDERS.—In an 

21 action brought under subsection (a) of this section con22 cerning an order issued under section 30118(b) of this 

23 title, the Attorney General need only prove that the Sec24 retary provided appropriate notification to the manufac25 turer under section 30118 and need not establish the sub26 stantive validity of the order, which may only be chalVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
305 

•HR 4834 IH

1 lenged by the manufacturer through the timely filing of 

2 a petition under section 30161 of this title. If an action 

3 is brought under subsection (a) of this section prior to 

4 the expiration of the time available for the filing of a peti5 tion under section 30161, the manufacturer may seek a 

6 stay of the district court action until the resolution of any 

7 petition for review under section 30161. 

8 ‘‘(g) ACTIONS TO COLLECT A CIVIL PENALTY.—The 

9 Attorney General may bring a civil action in a United 

10 States District Court to collect a civil penalty or to collect 

11 an amount agreed upon in compromise by the Secretary 

12 under section 30165 of this title.’’. 

13 (c) CONFORMING AMENDMENT.—The analysis for 

14 chapter 301 is amended by striking the item relating to 

15 section 30161 and inserting the following: 

‘‘30161. Judicial review of orders and standards’’. 

16 SEC. 4108. INSPECTION AUTHORITY UNDER AUTOMOBILE 

17 FUEL ECONOMY STATUTE. 

18 Section 32910 of title 49, United States Code, is 

19 amended— 

20 (1) in subsection (a)(1)(A), striking ‘‘inspect 

21 and copy records of any person at reasonable times’’, 

22 and inserting ‘‘conduct an inspection or investigation 

23 that may be necessary to enforce this chapter or a 

24 regulation prescribed or order issued under this 

25 chapter’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
306 

•HR 4834 IH

1 (2) by redesignating subsections (b), (c) and (d) 

2 as (c), (d) and (e), respectively, and inserting after 

3 subsection (a) the following: 

4 ‘‘(b) MATTERS THAT CAN BE INSPECTED AND IM5 POUNDMENT.—In carrying out this chapter, an officer or 

6 employee designated by the Secretary of Transportation— 

7 ‘‘(1) at reasonable times, may inspect and copy 

8 any record related to this chapter; 

9 ‘‘(2) on request, may inspect records of a man10 ufacturer, distributor, or dealer to decide whether 

11 the manufacturer, distributor, or dealer has com12 plied or is complying with this chapter or a regula13 tion prescribed or order issued under this chapter; 

14 and 

15 ‘‘(3) at reasonable times, in a reasonable way, 

16 and on display of proper credentials and written no17 tice to an owner, operator, or agent in charge, 

18 may— 

19 ‘‘(A) enter and inspect with reasonable 

20 promptness premises in which a motor vehicle 

21 or motor vehicle equipment is manufactured, 

22 held for introduction in interstate commerce, or 

23 held for sale after introduction in interstate 

24 commerce; 


dlhill on DSK7TPTVN1PROD with BILLS
307 

•HR 4834 IH

1 ‘‘(B) inspect with reasonable promptness 

2 that vehicle or equipment; and 

3 ‘‘(C) impound for not more than 72 hours 

4 that vehicle or equipment.’’. 

5 SEC. 4109. RECALL AUTHORITY OVER RENTAL CAR COMPA6 NIES AND USED CAR DEALERS. 

7 (a) SALE, LEASE OR RENTAL RESTRICTIONS.—Sec8 tion 30120(i) of title 49, United States Code, is amended 

9 to read as follows: 

10 ‘‘(i) LIMITATION ON SALE, LEASE OR RENTAL OF

11 VEHICLES OR EQUIPMENT.— 

12 ‘‘(1) After receipt of a notification of a defect 

13 or noncompliance about a motor vehicle or new item 

14 of replacement equipment under section 30119 of 

15 this title, a dealer may sell or lease that motor vehi16 cle or new item of replacement equipment, and a 

17 rental company may rent that vehicle, only if— 

18 ‘‘(A) the defect or noncompliance is rem19 edied as required by this section before delivery 

20 under the sale, lease or rental agreement; or 

21 ‘‘(B) when the notification is required by 

22 an order under section 30118(b) of this title, 

23 enforcement of the order is restrained or the 

24 order is set aside in a civil action to which sec25 tion 30121(d) of this title applies. 


dlhill on DSK7TPTVN1PROD with BILLS
308 

•HR 4834 IH

1 ‘‘(2) This subsection does not prohibit a dealer 

2 from offering for sale or lease the vehicle or equip3 ment. 

4 ‘‘(3) As used in this subsection, the term ‘rental 

5 company’ means a person who is engaged in the 

6 business of renting a motor vehicle that has a gross 

7 vehicle weight rating of 10,000 pounds or less, is 

8 rented without a driver for an initial term of less 

9 than 4 months and is part of a motor vehicle fleet 

10 of 5 or more motor vehicles that are used for rental 

11 purposes.’’. 

12 (b) SALE OR LEASE OF USED MOTOR VEHICLES.— 

13 Section 30120 of title 49, United States Code, is amended 

14 by adding at the end the following: 

15 ‘‘(k) LIMITATION ON SALE OR LEASE OF USED

16 MOTOR VEHICLES.—(1) A person who sold at least 10 

17 motor vehicles during the prior 12 months to purchasers 

18 that in good faith purchase the vehicles other than for re19 sale, may not sell or lease a used motor vehicle until any 

20 defect or noncompliance determined under section 30118 

21 of this title with respect to the vehicle has been remedied. 

22 ‘‘(2) Paragraph (1) shall not apply if— 

23 ‘‘(A) notification of the defect or noncompliance 

24 with respect to the vehicle is required under section 

25 30118(b) but enforcement of the order is set aside 


dlhill on DSK7TPTVN1PROD with BILLS
309 

•HR 4834 IH

1 in a civil action to which section 30121(b) applies; 

2 or 

3 ‘‘(B) if at the time of sale or lease— 

4 ‘‘(i) the recall information regarding a 

5 used motor vehicle was not available using the 

6 means established by the Secretary under sec7 tion 31301 of Public Law 112–141; and 

8 ‘‘(ii) notification under section 30119 was 

9 not received by the seller or lessor. 

10 ‘‘(3) As used in this subsection, the term ‘used motor 

11 vehicle’ means a motor vehicle that has been purchased 

12 previously other than for resale.’’. 

13 SEC. 4110. CIVIL PENALTIES. 

14 Section 30165(a) of title 49, United States Code, is 

15 amended— 

16 (1) in paragraph (1)— 

17 (A) by inserting ‘‘or causes the violation 

18 of’’ after ‘‘violates’’ in the first sentence; 

19 (B) by striking ‘‘$5,000’’ and inserting 

20 ‘‘$25,000’’; 

21 (C) by striking ‘‘$35,000,000’’ and insert22 ing ‘‘$300,000,000’’; and 

23 (D) by inserting at the end of the para24 graph the following: ‘‘An individual is liable 

25 under this section only for willfully causing or 


dlhill on DSK7TPTVN1PROD with BILLS
310 

•HR 4834 IH

1 committing a violation. An individual who has 

2 been instructed to commit a violation by a per3 son of greater authority in the entity in which 

4 the individual is employed has not acted will5 fully’’; 

6 (2) in paragraph (2)— 

7 (A) by striking ‘‘$10,000’’ in subparagraph 

8 (A) and inserting ‘‘$100,000’’; and 

9 (B) by striking ‘‘$15,000,000’’ in subpara10 graph (B) and inserting ‘‘$300,000,000’’; and 

11 (3) in paragraph (3)— 

12 (A) by striking ‘‘$5,000’’ and inserting 

13 ‘‘$25,000’’; and 

14 (B) by striking ‘‘$35,000,000’’ and insert15 ing ‘‘$300,000,000’’. 

16 SEC. 4111. TECHNICAL CORRECTIONS TO THE MOTOR VEHI17 CLE AND HIGHWAY SAFETY IMPROVEMENT 

18 ACT OF 2012. 

19 (a) HIGHWAY SAFETY PROGRAMS.—Section 402 of 

20 title 23, United States Code is amended— 

21 (1) in subsection (b)(1)(C), by striking ‘‘except 

22 as provided in paragraph (3),’’; 

23 (2) in subsection (b)(1)(E)— 

24 (A) by striking ‘‘in which a State’’ and in25 serting ‘‘for which a State’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
311 

•HR 4834 IH

1 (B) by striking ‘‘subsection (f)’’ and insert2 ing ‘‘subsection (k)’’; and 

3 (3) in subsection (k)(4), by striking ‘‘paragraph 

4 (2)(A)’’ and inserting ‘‘paragraph (3)(A)’’. 

5 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP6 MENT.—Section 403(e) of title 23, United States Code is 

7 amended by inserting ‘‘of title 49, United States Code’’ 

8 after ‘‘chapter 301’’. 

9 (c) NATIONAL PRIORITY SAFETY PROGRAMS.—Sec10 tion 405 of title 23, United States Code is amended— 

11 (1) in subsection (d)(5), by striking ‘‘section 

12 402(c)’’ and inserting ‘‘section 402’’; 

13 (2) by striking subsection (f)(2), and inserting 

14 the following: 

15 ‘‘(2) GRANT AMOUNT.—The allocation of grant 

16 funds to a State under this subsection for a fiscal 

17 year shall be in proportion to the State’s apportion18 ment under section 402 for fiscal year 2009, pro19 vided that the amount of a grant awarded to a State 

20 for a fiscal year may not exceed 25 percent of the 

21 amount apportioned to the State under section 402 

22 for fiscal year 2009.’’; and 

23 (3) in subsection (f)(4)(A)(iv), by striking 

24 ‘‘under subsection (g)’’. 


dlhill on DSK7TPTVN1PROD with BILLS
312 

•HR 4834 IH

1 (d) OPEN CONTAINER REQUIREMENTS.—Section 154 

2 of title 23, United States Code is amended— 

3 (1) in subsection (c)(3)(A), by striking ‘‘trans4 ferred’’ and inserting ‘‘reserved’’; and 

5 (2) in subsection (c)(5), by inserting ‘‘or re6 leased’’ after ‘‘transferred’’. 

7 (e) MINIMUM PENALTIES FOR REPEAT OFFENDERS

8 FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER

9 THE INFLUENCE.—Section 164 of title 23, United States 

10 Code is amended— 

11 (1) in subsection (b)(3)(A), by striking ‘‘trans12 ferred’’ and inserting ‘‘reserved’’; and 

13 (2) in subsection (b)(5), by inserting ‘‘or re14 leased’’ after ‘‘transferred’’. 

15 TITLE V—MOTOR CARRIER 

16 SAFETY PROGRAM 

17 SEC. 5001. AMENDMENT OF TITLE 49, UNITED STATES 

18 CODE. 

19 Except as otherwise expressly provided, whenever in 

20 this title an amendment or repeal is expressed in terms 

21 of an amendment to, or a repeal of, a section or other 

22 provision, the reference shall be considered to be made to 

23 a section or other provision of title 49, United States 

24 Code. 


dlhill on DSK7TPTVN1PROD with BILLS
313 

•HR 4834 IH

1 Subtitle A—Commercial Motor 

2 Vehicle Safety 

3 SEC. 5101. COMMERCIAL MOTOR VEHICLE DEFINED. 

4 Section 31101(1) is amended to read as follows: 

5 ‘‘(1) ‘commercial motor vehicle’ means (except 

6 in section 31106 of this title) a self-propelled or 

7 towed vehicle used on the highways in commerce to 

8 transport passengers or property, if the vehicle— 

9 ‘‘(A) has a gross vehicle weight rating or 

10 gross vehicle weight of at least 10,001 pounds, 

11 whichever is greater; 

12 ‘‘(B) is designed or used to transport more 

13 than 8 passengers (including the driver) for 

14 compensation; 

15 ‘‘(C) is designed or used to transport more 

16 than 15 passengers, including the driver, and is 

17 not used to transport passengers for compensa18 tion; or 

19 ‘‘(D) is used in transporting material 

20 found by the Secretary of Transportation to be 

21 hazardous under section 5103 of this title and 

22 transported in a quantity requiring placarding 

23 under regulations prescribed by the Secretary 

24 under section 5103 of this title.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
314 

•HR 4834 IH

1 SEC. 5102. MOTOR CARRIER OPERATIONS AFFECTING 

2 INTERSTATE COMMERCE. 

3 (a) PROHIBITED TRANSPORTATION.—Section 

4 521(b)(5) is amended by inserting after paragraph (B) the 

5 following: 

6 ‘‘(C) If an employee, vehicle, or all or part 

7 of an employer’s commercial motor vehicle oper8 ations has been ordered out of service pursuant 

9 to paragraph (5)(A), the commercial motor ve10 hicle operations of the employee, vehicle or em11 ployer that affect interstate commerce are also 

12 prohibited.’’. 

13 (b) PROHIBITION ON OPERATION IN INTERSTATE

14 COMMERCE AFTER NONPAYMENT OF PENALTIES.—Sec15 tion 521(b)(8) is amended— 

16 (1) by striking ‘‘An owner or operator of a com17 mercial motor vehicle’’ and inserting ‘‘A person’’ in 

18 subparagraph (A); 

19 (2) by redesignating subparagraph (B) as sub20 paragraph (C); 

21 (3) by inserting after subparagraph (A) the fol22 lowing: 

23 ‘‘(B) A person prohibited from operating 

24 in interstate commerce pursuant to paragraph 

25 (8)(A) may not operate any commercial motor 


dlhill on DSK7TPTVN1PROD with BILLS
315 

•HR 4834 IH

1 vehicle where such operation affects interstate 

2 commerce.’’; and 

3 (4) by striking ‘‘commercial motor vehicle own4 ers and operators’’ in subparagraph (C) (as redesig5 nated by paragraph (2)) and inserting ‘‘a person’’. 

6 SEC. 5103. BUS RENTALS AND DEFINITION OF EMPLOYER. 

7 Paragraph (3) of section 31132 is amended to read 

8 as follows: 

9 ‘‘(3) ‘employer’— 

10 ‘‘(A) means a person engaged in a business 

11 affecting interstate commerce that— 

12 ‘‘(i) owns or leases a commercial 

13 motor vehicle in connection with that busi14 ness, or assigns an employee to operate the 

15 commercial motor vehicle; or 

16 ‘‘(ii) offers for rent or lease a motor 

17 vehicle designed or used to transport more 

18 than 8 passengers, including the driver, 

19 and from the same location or as part of 

20 the same business provides names or con21 tact information of drivers, or holds itself 

22 out to the public as a charter bus com23 pany; but 

24 ‘‘(B) does not include the Government, a 

25 State, or a political subdivision of a State.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
316 

•HR 4834 IH

1 SEC. 5104. HIGH-RISK CARRIER REVIEWS. 

2 (a) HIGH-RISK CARRIER REVIEWS.—Section 

3 31104(b) (as amended by section 5401) is amended by 

4 adding at the end of paragraph (2) the following: 

5 ‘‘From the funds authorized by this subsection, the 

6 Secretary shall ensure that a review is completed on each 

7 motor carrier that demonstrates through performance 

8 data that it poses the highest safety risk. At a minimum, 

9 a review shall be conducted whenever a motor carrier is 

10 among the highest risk carriers for 2 consecutive 

11 months.’’. 

12 (b) CONFORMING AMENDMENT.—Section 4138 of the 

13 Safe, Accountable, Flexible, Efficient Transportation Eq14 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is 

15 repealed. 

16 SEC. 5105. NEW ENTRANT SAFETY AUDITS. 

17 Section 31144(g) is amended— 

18 (1) in paragraph (1)(A)— 

19 (A) by striking ‘‘shall’’ and inserting 

20 ‘‘may’’; and 

21 (B) by striking ‘‘each owner and each op22 erator’’ and inserting ‘‘an owner or operator’’; 

23 (2) in paragraph (1)(B)— 

24 (A) by striking ‘‘shall’’ and inserting 

25 ‘‘may’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
317 

•HR 4834 IH

1 (B) by striking ‘‘each owner and each op2 erator’’ and inserting ‘‘an owner or operator’’; 

3 (3) by striking paragraph (3); 

4 (4) by redesignating paragraphs (4) and (5) as 

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

6 (5) in paragraph (3), as redesignated, by strik7 ing ‘‘after the date on which section 31148(b) is 

8 first implemented shall’’ and inserting ‘‘may’’. 

9 SEC. 5106. IMMINENT HAZARD ACTIONS. 

10 Section 521(b)(5)(A) is amended— 

11 (1) by striking ‘‘that such’’ and inserting ‘‘that 

12 a request for review must be made in writing within 

13 15 days after issuance of the order, and if timely re14 quested, the’’; 

15 (2) by striking ‘‘occur’’ and inserting ‘‘com16 mence’’; and 

17 (3) by striking ‘‘issuance of such order’’ and in18 serting ‘‘receipt of the request for review’’. 

19 SEC. 5107. INTERNATIONAL COMMERCE TRANSPORTED ON 

20 HIGHWAYS THROUGH THE UNITED STATES. 

21 (a) Section 13501(1) is amended by— 

22 (1) in subparagraph (D), striking ‘‘or’’; 

23 (2) in subparagraph (E), striking ‘‘and’’ at the 

24 end and inserting ‘‘or’’; and 

25 (3) inserting the following: 


dlhill on DSK7TPTVN1PROD with BILLS
318 

•HR 4834 IH

1 ‘‘(F) a foreign county and another foreign 

2 county, or between two places in the same for3 eign country, to the extent the transportation is 

4 in the United States; and’’. 

5 (b) Section 31132(4) is amended by— 

6 (1) striking ‘‘a place in a State and’’; 

7 (2) in subparagraph (A)— 

8 (A) inserting ‘‘a place in a State and’’ be9 fore ‘‘a place outside that State’’; 

10 (B) striking ‘‘or’’; and 

11 (3) in subparagraph (B)— 

12 (A) inserting ‘‘a place in a State and’’ be13 fore ‘‘another place’’; 

14 (B) striking the period and inserting 

15 ‘‘and’’; and 

16 (C) inserting at the end the following: 

17 ‘‘(C) a foreign county and another foreign 

18 county, or between two places in the same for19 eign country, to the extent the trade, traffic, or 

20 transportation is in the United States.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
319 

•HR 4834 IH

1 Subtitle B—Driver Safety 

2 Provisions 

3 SEC. 5201. COMMERCIAL DRIVER’S LICENSE REQUIRE4 MENTS. 

5 (a) LICENSING STANDARDS.—Section 31305(a)(7) is 

6 amended by inserting ‘‘would not be subject to a disquali7 fication under section 31310(g) of this title and’’ after 

8 ‘‘taking the tests’’. 

9 (b) DISQUALIFICATIONS.—Section 31310(g)(1) is 

10 amended by deleting ‘‘who holds a commercial driver’s li11 cense and’’. 

12 SEC. 5202. DISQUALIFICATIONS BASED ON NON-COMMER13 CIAL MOTOR VEHICLE OPERATIONS. 

14 (a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 

15 amended by deleting ‘‘commercial’’ twice, after ‘‘revoked, 

16 suspended, or canceled based on the individual’s operation 

17 of a’’ and again after ‘‘disqualified from operating a com18 mercial motor vehicle based on the individual’s operation 

19 of a’’. 

20 (b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 

21 amended by striking ‘‘commercial’’ twice, after ‘‘revoked, 

22 suspended, or canceled based on the individual’s operation 

23 of a’’ and again after ‘‘disqualified from operating a com24 mercial motor vehicle based on the individual’s operation 

25 of a’’. 


dlhill on DSK7TPTVN1PROD with BILLS
320 

•HR 4834 IH

1 SEC. 5203. RECORDING OF FEDERAL DISQUALIFICATIONS 

2 ON CDLIS. 

3 Section 31311(a)(15) is amended by— 

4 (1) inserting ‘‘(A)’’ after ‘‘(15)’’; and 

5 (2) inserting after clause (A), as redesignated, 

6 the following: 

7 ‘‘(B) Not later than 10 days after receiv8 ing notice from the Secretary that an individual 

9 has been disqualified by the Secretary from op10 erating a commercial motor vehicle, the State 

11 shall— 

12 ‘‘(i) disqualify the individual from op13 erating a commercial motor vehicle for the 

14 period of the Federal disqualification; and 

15 ‘‘(ii) notify the operator of the infor16 mation system under section 31309 of this 

17 title to record the disqualification and the 

18 violation that resulted in the disqualifica19 tion.’’. 

20 SEC. 5204. FAILURE TO PAY CIVIL PENALTY AS A DISQUALI21 FYING OFFENSE. 

22 (a) IN GENERAL.—Chapter 311 is amended by in23 serting after section 31151 the following: 

24 ‘‘§ 31152. Disqualification for failure to pay 

25 ‘‘An individual assessed a civil penalty under this 

26 chapter, or chapters 5, 51, or 149 of this title, or a regulaVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
321 

•HR 4834 IH

1 tion issued under any of those provisions, who fails to pay 

2 the penalty or fails to comply with the terms of a settle3 ment with the Secretary, shall be disqualified from oper4 ating a commercial motor vehicle. The disqualification 

5 shall continue until the penalty has been paid, or the indi6 vidual complies with the terms of the settlement, unless 

7 such nonpayment is because the individual is a debtor in 

8 a case under chapter 11 of title 11, United States Code.’’. 

9 (b) TECHNICAL AMENDMENTS.—Section 31310 is 

10 amended— 

11 (1) by redesignating subsections (h) through (k) 

12 as subsections (i) through (l), respectively; 

13 (2) by inserting after subsection (g) the fol14 lowing: 

15 ‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.— 

16 The Secretary shall disqualify from operating a commer17 cial motor vehicle any individual failing to pay a civil pen18 alty within the prescribed period, or failing to conform to 

19 the terms of any settlement with the Secretary. The dis20 qualification shall continue until the penalty has been 

21 paid, or the individual conforms to the terms of the settle22 ment, unless the nonpayment is because the individual is 

23 a debtor in a case under chapter 11 of title 11, United 

24 States Code.’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
322 

•HR 4834 IH

1 (3) in subsection (i) (as redesignated by para2 graph (1) of this subsection) by striking ‘‘Notwith3 standing subsections (b) through (g)’’ and inserting 

4 ‘‘Notwithstanding subsections (b) through (h)’’. 

5 (c) CONFORMING AMENDMENT.—The analysis of 

6 chapter 311 is amended by inserting after the item relat7 ing to section 31151 the following: 

‘‘31152. Disqualification for failure to pay.’’. 

8 SEC. 5205. CONTROLLED SUBSTANCE VIOLATIONS. 

9 Section 31310(d) is amended by— 

10 (1) inserting after ‘‘CONTROLLED SUBSTANCE

11 VIOLATIONS.—’’ the following: 

12 ‘‘(1) An individual who receives a verified posi13 tive DOT drug test is disqualified from operating a 

14 commercial motor vehicle and remains disqualified 

15 until the individual completes the substance abuse 

16 professional evaluation and treatment and return to 

17 duty process under part 40, subpart O of title 49, 

18 Code of Federal Regulations.’’; and 

19 (2) inserting ‘‘(2)’’ before ‘‘The Secretary’’. 

20 Subtitle C—Medical and 

21 Registration Provisions 

22 SEC. 5301. EFFECT OF DRIVING ON COMMERCIAL MOTOR 

23 VEHICLE OPERATORS. 

24 Section 31136(a)(4) is amended to read as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
323 

•HR 4834 IH

1 ‘‘(4) the operation of commercial motor vehicles 

2 does not have a significantly adverse effect on the 

3 physical condition of the operators; and’’. 

4 SEC. 5302. JURISDICTION OVER BROKERS OF MOTOR CAR5 RIERS OF PASSENGERS. 

6 Section 13506(a) is amended by deleting paragraph 

7 (14) and redesignating paragraph (15) as paragraph (14). 

8 SEC. 5303. REVOCATION OR SUSPENSION OF REGISTRA9 TION. 

10 Section 31134(c) is amended— 

11 (1) by striking ‘‘The Secretary’’ and inserting 

12 ‘‘(1) IN GENERAL.—The Secretary’’; 

13 (2) by redesignating paragraphs (1) through 

14 (4) as subparagraphs (A) through (D), respectively; 

15 (3) in subparagraph (1)(B) (as redesignated), 

16 by striking ‘‘knowingly failed to comply with the re17 quirements listed in subsection (b)(1)’’ and inserting 

18 ‘‘willfully failed to comply with— 

19 ‘‘(i) this part; 

20 ‘‘(ii) an applicable regulation or order 

21 of the Secretary; or 

22 ‘‘(iii) a condition of the registration.’’; 

23 (4) in subparagraph (1)(C) (as redesignated) by 

24 striking ‘‘has not disclosed’’ and inserting ‘‘has— 

25 ‘‘(i) failed to disclose; or 


dlhill on DSK7TPTVN1PROD with BILLS
324 

•HR 4834 IH

1 ‘‘(ii) operated under a new identity or 

2 as an affiliate to avoid— 

3 ‘‘(I) an order of the Secretary; 

4 ‘‘(II) a statutory or regulatory 

5 requirement; 

6 ‘‘(III) a civil penalty imposed 

7 under chapter 5, 51, 149, or 311; 

8 ‘‘(IV) an enforcement action ini9 tiated by the Secretary; 

10 ‘‘(V) a final, proposed or poten11 tial adverse safety fitness determina12 tion; or 

13 ‘‘(VI) a negative compliance his14 tory;’’; 

15 (5) in subparagraph (1)(D) (as redesignated), 

16 by striking the period and inserting a semicolon; and 

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

18 ‘‘(E) subject to paragraph (3) of this sub19 section, the employer or person failed— 

20 ‘‘(i) to pay a civil penalty imposed 

21 under chapter 5, 51, 149, or 311 of this 

22 title; 

23 ‘‘(ii) to arrange and abide by an ac24 ceptable payment plan for such civil pen25 alty, not later than 90 days after the date 


dlhill on DSK7TPTVN1PROD with BILLS
325 

•HR 4834 IH

1 specified by order of the Secretary for the 

2 payment of such penalty; or 

3 ‘‘(iii) to obey a subpoena issued by the 

4 Secretary; or 

5 ‘‘(F) the employer or person failed to dis6 close, in its application for registration, a mate7 rial fact relevant to its willingness and ability to 

8 comply with— 

9 ‘‘(i) this part; 

10 ‘‘(ii) an applicable regulation or order 

11 of the Secretary; or 

12 ‘‘(iii) a condition of its registration. 

13 ‘‘(2) SAFETY FITNESS; IMMINENT HAZARD.— 

14 ‘‘(A) EXPEDITED PROCEDURE.—Notwith15 standing subchapter II of chapter 5 of title 5, 

16 and subject to section 31144(c) of this title, the 

17 Secretary shall revoke the registration of an 

18 employer or person if the employer or person— 

19 ‘‘(i) has been prohibited from oper20 ating a commercial motor vehicle in inter21 state commerce for failure to comply with 

22 the safety fitness requirements of section 

23 31144 of this title; or 

24 ‘‘(ii) is or was conducting unsafe oper25 ations that are or were an imminent hazVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
326 

•HR 4834 IH

1 ard (as defined in section 521(b)(5)(B) of 

2 this title) to public health or property. 

3 ‘‘(B) NOTICE OF REVOCATION.—The Sec4 retary may revoke a registration under this 

5 paragraph only after giving notice of the rev6 ocation to the registrant. 

7 ‘‘(3) LIMITATION.—Paragraph (1)(E) (i) and 

8 (ii) shall not apply to a person who is unable to pay 

9 a civil penalty because the person is a debtor in a 

10 case under chapter 11 of title 11.’’. 

11 SEC. 5304. REVOCATION OF REGISTRATION FOR FAILURE 

12 TO RESPOND TO SUBPOENA. 

13 Section 525 is amended by inserting ‘‘subchapter III 

14 of chapter 311 or’’ before ‘‘chapter 139’’. 

15 SEC. 5305. LAPSE OF REQUIRED FINANCIAL SECURITY; SUS16 PENSION OF REGISTRATION. 

17 Section 13906(e) is amended by inserting ‘‘or sus18 pend’’ after ‘‘revoke’’. 

19 Subtitle D—Grants and 

20 Authorizations 

21 SEC. 5401. FMCSA FINANCIAL ASSISTANCE PROGRAMS. 

22 (a) DEFINITION.—Section 31101 is amended— 

23 (1) by redesignating paragraph (4) as para24 graph (5); and 


dlhill on DSK7TPTVN1PROD with BILLS
327 

•HR 4834 IH

1 (2) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) ‘Secretary’ means the Secretary of Trans4 portation.’’. 

5 (b) MCSAP AND HIGH PRIORITY PROGRAMS; 

6 FMCSA AUTHORIZATIONS.—Sections 31102 through 

7 31104 are amended to read as follows: 

8 ‘‘§ 31102. Motor carrier safety assistance program 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) The Secretary shall administer a Motor 

11 Carrier Safety Assistance Program funded under 

12 section 31104 of this title. 

13 ‘‘(2) The goal of the program is to ensure that 

14 the Secretary, States, local governments, other polit15 ical jurisdictions, Federally recognized Indian 

16 Tribes, and other persons work in partnership to es17 tablish programs to improve motor carrier, commer18 cial motor vehicle, and driver safety to support a 

19 safe and efficient surface transportation system by— 

20 ‘‘(A) making targeted investments to pro21 mote safe commercial motor vehicle transpor22 tation, including the transportation of pas23 sengers and hazardous materials; 

24 ‘‘(B) investing in activities likely to gen25 erate maximum reductions in the number and 


dlhill on DSK7TPTVN1PROD with BILLS
328 

•HR 4834 IH

1 severity of commercial motor vehicle crashes 

2 and fatalities resulting from such crashes; 

3 ‘‘(C) adopting and enforcing effective 

4 motor carrier, commercial motor vehicle, and 

5 driver safety regulations and practices con6 sistent with Federal requirements; and 

7 ‘‘(D) assessing and improving statewide 

8 performance by setting program goals and 

9 meeting performance standards, measures, and 

10 benchmarks. 

11 ‘‘(b) STATE PLANS.—The Secretary shall prescribe 

12 procedures for a State to submit a plan under which the 

13 State agrees to assume responsibility for improving motor 

14 carrier safety, adopting and enforcing regulations, stand15 ards, and orders of the Government on commercial motor 

16 vehicle and hazardous materials transportation safety, and 

17 adopting and enforcing compatible State regulations, 

18 standards, and orders. The Secretary shall approve a plan 

19 if the Secretary decides that the plan is adequate to pro20 mote the objectives of this section, and the plan— 

21 ‘‘(1) implements performance-based activities, 

22 including deployment of technology to enhance the 

23 efficiency and effectiveness of commercial motor ve24 hicle safety programs; 


dlhill on DSK7TPTVN1PROD with BILLS
329 

•HR 4834 IH

1 ‘‘(2) designates a lead State motor vehicle safe2 ty agency responsible for administering the plan 

3 throughout the State; 

4 ‘‘(3) contains satisfactory assurances that the 

5 lead State agency has or will have the legal author6 ity, resources, and qualified personnel necessary to 

7 enforce the regulations, standards, and orders; 

8 ‘‘(4) contains satisfactory assurances that the 

9 State will devote adequate resources to the adminis10 tration of the plan and enforcement of the regula11 tions, standards, and orders; 

12 ‘‘(5) provides a right of entry and inspection to 

13 carry out the plan; 

14 ‘‘(6) provides that all reports required under 

15 this section be available to the Secretary on request; 

16 ‘‘(7) provides that the lead State agency will 

17 adopt the reporting requirements and use the forms 

18 for recordkeeping, inspections, and investigations 

19 that the Secretary prescribes; 

20 ‘‘(8) requires registrants of commercial motor 

21 vehicles to demonstrate knowledge of applicable safe22 ty regulations, standards, and orders of the Govern23 ment and the State; 

24 ‘‘(9) provides that the State will grant max25 imum reciprocity for inspections conducted under 


dlhill on DSK7TPTVN1PROD with BILLS
330 

•HR 4834 IH

1 the North American Inspection Standards through 

2 the use of a nationally accepted system that allows 

3 ready identification of previously inspected commer4 cial motor vehicles; 

5 ‘‘(10) ensures that activities described in sub6 section (g) of this section, if financed through grants 

7 made under this section, will not diminish the effec8 tiveness of the development and implementation of 

9 commercial motor vehicle safety programs described 

10 in subsection (a) of this section; 

11 ‘‘(11) ensures that the lead State agency will 

12 coordinate the plan, data collection, and information 

13 systems with the State highway safety improvement 

14 program required under section 148(c) of title 23; 

15 ‘‘(12) ensures participation in appropriate Fed16 eral Motor Carrier Safety Administration informa17 tion technology and data systems and other informa18 tion systems by all appropriate jurisdictions receiv19 ing Motor Carrier Safety Assistance Program fund20 ing; 

21 ‘‘(13) ensures that information is exchanged 

22 among the States in a timely manner; 

23 ‘‘(14) provides satisfactory assurances that the 

24 State will undertake efforts that will emphasize and 

25 improve enforcement of State and local traffic safety 


dlhill on DSK7TPTVN1PROD with BILLS
331 

•HR 4834 IH

1 laws and regulations related to commercial motor ve2 hicle safety; 

3 ‘‘(15) provides satisfactory assurances that the 

4 State will promote activities in support of national 

5 priorities and performance goals, including— 

6 ‘‘(A) activities aimed at removing impaired 

7 commercial motor vehicle drivers from the high8 ways of the United States through adequate en9 forcement of regulations on the use of alcohol 

10 and controlled substances and by ensuring 

11 ready roadside access to alcohol detection and 

12 measuring equipment; 

13 ‘‘(B) activities aimed at providing an ap14 propriate level of training to State Motor Car15 rier Safety Assistance Program officers and em16 ployees on recognizing drivers impaired by alco17 hol or controlled substances; and 

18 ‘‘(C) when conducted with an appropriate 

19 commercial motor vehicle inspection, interdic20 tion activities, and appropriate strategies for 

21 carrying out those activities, including activities 

22 that affect the transportation of controlled sub23 stances, as defined under section 102 of the 

24 Comprehensive Drug Abuse Prevention and 

25 Control Act of 1970 (21 U.S.C. 802) and listed 


dlhill on DSK7TPTVN1PROD with BILLS
332 

•HR 4834 IH

1 in part 1308 of title 21, Code of Federal Regu2 lations, as updated and republished from time 

3 to time, by any occupant of a commercial motor 

4 vehicle; 

5 ‘‘(16) provides that the State has established 

6 and dedicated sufficient resources to a program to 

7 ensure that— 

8 ‘‘(A) the State collects and reports to the 

9 Secretary accurate, complete, and timely motor 

10 carrier safety data; and 

11 ‘‘(B) the State participates in a national 

12 motor carrier safety data correction system pre13 scribed by the Secretary; 

14 ‘‘(17) ensures that the State will cooperate in 

15 the enforcement of financial responsibility require16 ments under sections 13906, 31138, and 31139 of 

17 this title, and regulations issued under these sec18 tions; 

19 ‘‘(18) ensures consistent, effective, and reason20 able sanctions; 

21 ‘‘(19) ensures that roadside inspections will be 

22 conducted at locations that are adequate to protect 

23 the safety of drivers and enforcement personnel; 

24 ‘‘(20) provides that the State will include in the 

25 training manuals for the licensing examination to 


dlhill on DSK7TPTVN1PROD with BILLS
333 

•HR 4834 IH

1 drive both noncommercial motor vehicles and com2 mercial motor vehicles information on best practices 

3 for driving safely in the vicinity of noncommercial 

4 and commercial motor vehicles; 

5 ‘‘(21) provides that the State will enforce the 

6 registration requirements of sections 13902 and 

7 31134 of this title by prohibiting the operation of 

8 any vehicle discovered to be operated by a motor 

9 carrier without a registration issued under these sec10 tions or to be operated beyond the scope of the 

11 motor carrier’s registration; 

12 ‘‘(22) provides that the State will conduct com13 prehensive and highly visible traffic enforcement and 

14 commercial motor vehicle safety inspection programs 

15 in high-risk locations and corridors; 

16 ‘‘(23) except in the case of an imminent hazard 

17 or obvious safety hazard, ensures that an inspection 

18 of a vehicle transporting passengers for a motor car19 rier of passengers is conducted at a station, ter20 minal, border crossing, maintenance facility, destina21 tion, or other location where adequate food, shelter, 

22 and sanitation facilities are available for passengers, 

23 and reasonable accommodations are available for 

24 passengers with disabilities; 


dlhill on DSK7TPTVN1PROD with BILLS
334 

•HR 4834 IH

1 ‘‘(24) ensures that the State will transmit to its 

2 roadside inspectors the notice of each Federal ex3 emption granted pursuant to section 31315(b) of 

4 this title and 49 C.F.R. 390.23 and 390.25 and pro5 vided to the State by the Secretary, including the 

6 name of the person granted the exemption and any 

7 terms and conditions that apply to the exemption; 

8 ‘‘(25) except as provided in subsection (c) of 

9 this section, provides that the State will conduct 

10 safety audits of new entrant motor carriers pursuant 

11 to section 31144(g) of this title; 

12 ‘‘(26) provides that the State agrees to fully 

13 participate in the Performance and Registration In14 formation System Management under section 

15 31106(b) of this title no later than 3 years from the 

16 date of enactment of this provision by complying 

17 with the program participation requirements estab18 lished in section 31106(b)(3) of this title; and 

19 ‘‘(27) for a State that shares a land border 

20 with another country, provides that the State— 

21 ‘‘(A) will conduct a border commercial 

22 motor vehicle safety program that includes en23 forcement and related projects; or 

24 ‘‘(B) if it declines to include appropriate 

25 border related activities in its plan, will forfeit 


dlhill on DSK7TPTVN1PROD with BILLS
335 

•HR 4834 IH

1 a proportionate level of funding as determined 

2 by the Secretary. 

3 ‘‘(c) EXCLUSION OF U.S. TERRITORIES.—The re4 quirement that a State conduct safety audits of new en5 trant motor carriers under subsection (b)(25) of this sec6 tion does not apply to a territory of the United States 

7 unless required by the Secretary. 

8 ‘‘(d) INTRASTATE COMPATIBILITY.—The Secretary 

9 shall prescribe regulations specifying tolerance guidelines 

10 and standards for ensuring compatibility of intrastate 

11 commercial motor vehicle safety laws and regulations with 

12 Government motor carrier safety regulations to be en13 forced under subsection (a) of this section. To the extent 

14 practicable, the guidelines and standards shall allow for 

15 maximum flexibility while ensuring a degree of uniformity 

16 that will not diminish transportation safety. 

17 ‘‘(e) MAINTENANCE OF EFFORT.— 

18 ‘‘(1) IN GENERAL.—A plan submitted by a 

19 State under subsection (b) of this section shall pro20 vide that the total expenditure of amounts of the 

21 lead State agency responsible for administering the 

22 plan will be maintained at a level each fiscal year at 

23 least equal to the average level of that expenditure 

24 for fiscal years 2004 and 2005. 


dlhill on DSK7TPTVN1PROD with BILLS
336 

•HR 4834 IH

1 ‘‘(2) AVERAGE LEVEL OF STATE EXPENDI2 TURES.—In estimating the average level of State ex3 penditure under paragraph (1) of this subsection, 

4 the Secretary— 

5 ‘‘(A) may allow the State to exclude State 

6 expenditures for Government-sponsored dem7 onstration and pilot programs and strike forces; 

8 ‘‘(B) may allow the State to exclude ex9 penditures for activities related to border en10 forcement and new entrant safety audits; and 

11 ‘‘(C) shall require the State to exclude 

12 State matching amounts used to receive Gov13 ernment financing under this section. 

14 ‘‘(3) WAIVERS.—Upon the request of a State, 

15 the Secretary may waive or modify the requirements 

16 of this subsection for the period of the plan, if the 

17 Secretary determines that a waiver is equitable due 

18 to exceptional or uncontrollable circumstances. 

19 ‘‘(f) USE OF UNIFIED CARRIER REGISTRATION FEES

20 AGREEMENT.—Amounts generated under section 14504a 

21 of this title and received by a State and used for motor 

22 carrier safety purposes may be included as part of the 

23 State’s share of the Motor Carrier Safety Assistance Pro24 gram not provided by the Government. 


dlhill on DSK7TPTVN1PROD with BILLS
337 

•HR 4834 IH

1 ‘‘(g) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

2 A State may use amounts received under a grant under 

3 this section— 

4 ‘‘(1) if the activities are carried out in conjunc5 tion with an appropriate inspection of a commercial 

6 motor vehicle to enforce Federal or State commercial 

7 motor vehicle safety regulations, for the— 

8 ‘‘(A) enforcement of commercial motor ve9 hicle size and weight limitations at locations 

10 (excluding fixed weight facilities) such as near 

11 steep grades or mountainous terrains, where 

12 the weight of a commercial motor vehicle can 

13 significantly affect the safe operation of the ve14 hicle, or at ports where intermodal shipping 

15 containers enter and leave the United States; 

16 and 

17 ‘‘(B) detection of and enforcement actions 

18 taken as a result of criminal activity, including 

19 the trafficking of human beings, in a commer20 cial motor vehicle or by any occupant, including 

21 the operator, of the vehicle; 

22 ‘‘(2) for documented enforcement of State traf23 fic laws and regulations designed to promote the 

24 safe operation of commercial motor vehicles, includ25 ing documented enforcement of such laws and reguVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
338 

•HR 4834 IH

1 lations relating to noncommercial motor vehicles 

2 when necessary to promote the safe operation of 

3 commercial motor vehicles, provided: 

4 ‘‘(A) the number of motor carrier safety 

5 activities (including roadside safety inspections) 

6 conducted in the State is maintained at a level 

7 at least equal to the average level of such activi8 ties conducted in the State in fiscal years 2004 

9 and 2005; and 

10 ‘‘(B) the State does not use more than 5 

11 percent of the basic amount the State receives 

12 under a grant under this section for enforce13 ment activities relating to noncommercial motor 

14 vehicles unless the Secretary determines that a 

15 higher percentage will result in significant in16 creases in commercial motor vehicle safety; and 

17 ‘‘(3) for the enforcement of household goods 

18 regulations on intrastate and interstate carriers, pro19 vided that the State has adopted laws or regulations 

20 compatible with the Federal household goods regula21 tions. 

22 ‘‘(h) EVALUATION OF PLAN AND AWARD OF

23 GRANT.— 

24 ‘‘(1) AWARD.—The Secretary may allocate the 

25 amounts appropriated among the States whose plans 


dlhill on DSK7TPTVN1PROD with BILLS
339 

•HR 4834 IH

1 have been approved under criteria that the Secretary 

2 establishes. 

3 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

4 disapproves a plan under this section, the Secretary 

5 shall give the State a written explanation of the rea6 sons for disapproval and allow the State to modify 

7 and resubmit the plan for approval. 

8 ‘‘(i) PLAN MONITORING.— 

9 ‘‘(1) IN GENERAL.—On the basis of reports 

10 submitted by the lead State agency responsible for 

11 administering a plan approved under this section 

12 and the Secretary’s own investigations, the Secretary 

13 shall make a continuing evaluation of the way the 

14 State is carrying out the plan. 

15 ‘‘(2) WITHHOLDING OF FUNDS.—If, after no16 tice and an opportunity to be heard, the Secretary 

17 finds that the State plan previously approved is not 

18 being followed or has become inadequate to ensure 

19 enforcement of the regulations, standards, or orders, 

20 the Secretary may withdraw approval of the plan 

21 and notify the State. The plan is no longer in effect 

22 once the notice is received. In lieu of withdrawing 

23 approval of the plan, the Secretary may withhold 

24 funding from the State to which the State would 

25 otherwise be entitled under this section for the peVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
340 

•HR 4834 IH

1 riod of the State’s noncompliance. In exercising this 

2 option, the Secretary may withhold up to 10 percent 

3 of funds for the year that the Secretary notifies the 

4 State of its noncompliance, up to 10 percent of 

5 funds for the first full year of noncompliance, up to 

6 25 percent of funds for the second full year of non7 compliance, and not less than 50 percent of funds 

8 for the third and subsequent full years of noncompli9 ance. 

10 ‘‘(3) JUDICIAL REVIEW.—A State adversely af11 fected by the Secretary’s action under paragraph (2) 

12 of this subsection may seek judicial review under 

13 chapter 7 of title 5. Notwithstanding withdrawal of 

14 a plan approval, the State may retain jurisdiction in 

15 administrative or judicial proceedings begun before 

16 the withdrawal if the issues involved are not related 

17 directly to the reasons for the withdrawal. 

18 ‘‘(j) ALLOCATION OF MCSAP FUNDS.—On October 

19 1 of each fiscal year, or as soon as practicable after that 

20 date, and after making a deduction under section 

21 31104(a)(3) of this title, the Secretary shall allocate 

22 amounts made available to carry out this section for the 

23 fiscal year among the States with plans approved under 

24 this section. The allocation shall be made under criteria 

25 prescribed by the Secretary. 


dlhill on DSK7TPTVN1PROD with BILLS
341 

•HR 4834 IH

1 ‘‘§ 31103. High priority program 

2 ‘‘(a) IN GENERAL.—The Secretary shall administer 

3 a High Priority Program funded under section 31104 of 

4 this title. 

5 ‘‘(b) PURPOSE.—The purpose of the program is to 

6 make grants to and cooperative agreements with States, 

7 local governments, other political jurisdictions, Federally 

8 recognized Indian Tribes, and any person to carry out 

9 high priority activities and projects, including activities 

10 and projects that— 

11 ‘‘(1) increase public awareness and education 

12 on commercial motor vehicle safety; 

13 ‘‘(2) target unsafe driving of commercial motor 

14 vehicles and non-commercial motor vehicles in areas 

15 identified as high risk crash corridors; 

16 ‘‘(3) support the enforcement of household 

17 goods regulations on intrastate and interstate car18 riers, provided that the State has adopted laws or 

19 regulations compatible with the Federal household 

20 good regulations; 

21 ‘‘(4) improve the safe and secure movement of 

22 hazardous materials and the transportation of goods 

23 and persons in foreign commerce; 

24 ‘‘(5) demonstrate new technologies to improve 

25 commercial motor vehicle safety; 


dlhill on DSK7TPTVN1PROD with BILLS
342 

•HR 4834 IH

1 ‘‘(6) otherwise improve commercial motor vehi2 cle safety and compliance with commercial motor ve3 hicle safety regulations; or 

4 ‘‘(7) support participation in the Performance 

5 and Registration Information System Management 

6 under section 31106(b) of this title. 

7 ‘‘(c) SAFETY DATA IMPROVEMENT.— 

8 ‘‘(1) IN GENERAL.—In addition to the activities 

9 and projects under subsection (b) of this section and 

10 subject to paragraph (2) of this subsection, the Sec11 retary may make a grant to or cooperative agree12 ment with a State under this section to improve the 

13 accuracy, timeliness, and completeness of commer14 cial motor vehicle safety data reported to the Sec15 retary. 

16 ‘‘(2) ELIGIBILITY.—A State shall be eligible for 

17 funding under this subsection in a fiscal year if the 

18 Secretary determines that the State has— 

19 ‘‘(A) conducted a comprehensive audit of 

20 its commercial motor vehicle safety data system 

21 within the preceding 2 years; 

22 ‘‘(B) developed a plan that identifies and 

23 prioritizes its commercial motor vehicle safety 

24 data needs and goals; and 


dlhill on DSK7TPTVN1PROD with BILLS
343 

•HR 4834 IH

1 ‘‘(C) identified performance-based meas2 ures to determine progress toward those goals. 

3 ‘‘§ 31104. Availability of amounts 

4 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.— 

5 ‘‘(1) IN GENERAL.—The following sums are au6 thorized to be appropriated from the Highway Ac7 count of the Transportation Trust Fund for the fol8 lowing Federal Motor Carrier Safety Administration 

9 programs: 

10 ‘‘(A) GRANT PROGRAM FOR THE MOTOR

11 CARRIER SAFETY ASSISTANCE PROGRAM.—Sub12 ject to paragraph 3 of this subsection, to carry 

13 out sections 31102 and 31103 of this title— 

14 ‘‘(i) $288,173,000 for fiscal year 

15 2015; 

16 ‘‘(ii) $309,081,000 for fiscal year 

17 2016; 

18 ‘‘(iii) $330,638,000 for fiscal year 

19 2017; and 

20 ‘‘(iv) $352,863,000 for fiscal year 

21 2018. 

22 ‘‘(B) FINANCIAL ASSISTANCE PROGRAM

23 FOR HIGH PRIORITY ACTIVITIES.—To make 

24 grants and cooperative agreements under sec25 tion 31103 of this title, the Secretary may set 


dlhill on DSK7TPTVN1PROD with BILLS
344 

•HR 4834 IH

1 aside from amounts made available under sub2 paragraph (A) of this paragraph up to— 

3 ‘‘(i) $21,178,000 for fiscal year 2015; 

4 ‘‘(ii) $23,526,000 for fiscal year 2016; 

5 ‘‘(iii) $25,947,000 for fiscal year 

6 2017; and 

7 ‘‘(iv) $28,443,000 for fiscal year 

8 2018. 

9 ‘‘(C) GRANT PROGRAM FOR INNOVATIVE

10 TECHNOLOGY.—To carry out section 31109 of 

11 this title— 

12 ‘‘(i) $25,000,000 for fiscal year 2015; 

13 ‘‘(ii) $25,000,000 for fiscal year 2016; 

14 ‘‘(iii) $25,000,000 for fiscal year 

15 2017; and 

16 ‘‘(iv) $25,000,000 for fiscal year 

17 2018. 

18 ‘‘(D) FINANCIAL ASSISTANCE PROGRAM

19 FOR COMMERCIAL DRIVER’S LICENSE PROGRAM

20 IMPLEMENTATION.—To carry out section 

21 31313 of this title— 

22 ‘‘(i) $38,580,000 for fiscal year 2015; 

23 ‘‘(ii) $39,776,000 for fiscal year 2016; 

24 ‘‘(iii) $41,009,000 for fiscal year 

25 2017; and 


dlhill on DSK7TPTVN1PROD with BILLS
345 

•HR 4834 IH

1 ‘‘(iv) $42,280,000 for fiscal year 

2 2018. 

3 ‘‘(E) GRANT PROGRAM FOR COMMERCIAL

4 MOTOR VEHICLE OPERATORS.—To carry out 

5 section 31110 of this title, $1,000,000 for each 

6 fiscal year, 2015 through 2018. 

7 ‘‘(2) REIMBURSEMENT FOR GOVERNMENT’S

8 SHARE OF COSTS.—Amounts made available under 

9 this section shall be used to reimburse financial as10 sistance recipients proportionally for the United 

11 States Government’s share of the costs incurred. 

12 ‘‘(3) DEDUCTION FOR PARTNER TRAINING AND

13 PROGRAM SUPPORT.—On October 1 of each fiscal 

14 year or as soon after that date as practicable, the 

15 Secretary may deduct, from amounts made available 

16 under subparagraphs (A), (C), and (D) of paragraph 

17 1 of this subsection for that fiscal year, not more 

18 than 1.50 percent of those amounts for partner 

19 training and program support in that fiscal year. 

20 The Secretary shall use at least 75 percent of those 

21 deducted amounts to train non-Government employ22 ees and to develop related training materials in car23 rying out these programs. 

24 ‘‘(4) GRANTS AND COOPERATIVE AGREEMENTS

25 AS CONTRACTUAL OBLIGATIONS.—The approval of a 


dlhill on DSK7TPTVN1PROD with BILLS
346 

•HR 4834 IH

1 grant or cooperative agreement by the Secretary 

2 under section 31102, 31103, 31109, 31110, or 

3 31313 of this title is a contractual obligation of the 

4 Government for payment of the Government’s share 

5 of costs in carrying out the provisions of the grant 

6 or cooperative agreement. 

7 ‘‘(5) ELIGIBLE ACTIVITIES.—The Secretary 

8 shall establish criteria for eligible activities to be 

9 funded with grants or cooperative agreements under 

10 this section and publish those criteria in a notice of 

11 funding availability before the program application 

12 period. 

13 ‘‘(6) REIMBURSEMENT.—The Secretary shall 

14 reimburse a recipient, from a grant or cooperative 

15 agreement made under section 31102, 31103, 

16 31109, 31110, or 31313 of this title, an amount 

17 that is at least 85 percent of the costs incurred by 

18 the recipient in a fiscal year in developing and im19 plementing programs under these sections. 

20 ‘‘(7) PAYMENT TO RECIPIENTS FOR COSTS.— 

21 Each recipient shall submit vouchers at least quar22 terly for costs the recipient incurs in developing and 

23 implementing programs under section 31102, 31103, 

24 31109, 31110, or 31313 of this title. The Secretary 

25 shall pay the recipient an amount not more than the 


dlhill on DSK7TPTVN1PROD with BILLS
347 

•HR 4834 IH

1 Government share of the costs incurred as of the 

2 date of the vouchers. The Secretary shall include a 

3 recipient’s in-kind contributions in determining the 

4 reimbursement. 

5 ‘‘(8) AVAILABILITY OF ALLOCATIONS.—Grants 

6 or cooperative agreements to carry out section 

7 31102, 31103, 31109, 31110, or 31313 of this title 

8 remain available for expenditure by the recipient for 

9 the fiscal year in which they are allocated and for 

10 the next two fiscal years. Amounts not expended 

11 during the time permitted are released to the Sec12 retary for reallocation. 

13 ‘‘(b) ADMINISTRATIVE EXPENSES.— 

14 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

15 The following sums are authorized to be appro16 priated from the Highway Account of the Transpor17 tation Trust Fund for the Secretary of Transpor18 tation to pay administrative expenses of the Federal 

19 Motor Carrier Safety Administration— 

20 ‘‘(A) $315,770,000 for fiscal year 2015; 

21 ‘‘(B) $372,743,000 for fiscal year 2016; 

22 ‘‘(C) $398,953,000 for fiscal year 2017; 

23 and 

24 ‘‘(D) $378,106,000 for fiscal year 2018. 


dlhill on DSK7TPTVN1PROD with BILLS
348 

•HR 4834 IH

1 ‘‘(2) USE OF FUNDS.—The funds authorized by 

2 this subsection shall be used for personnel costs; ad3 ministrative infrastructure; rent; information tech4 nology; programs for research and technology, infor5 mation management, regulatory development, the 

6 administration of the performance and registration 

7 information system management, and outreach and 

8 education; to fund the facilities working capital 

9 fund; other operating expenses; and such other ex10 penses as may from time to time become necessary 

11 to implement statutory mandates of the Federal 

12 Motor Carrier Safety Administration not funded 

13 from other sources. 

14 ‘‘(3) OUTREACH AND EDUCATION.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 conduct, through any combination of grants, 

17 contracts, or cooperative agreements, an out18 reach and education program to be adminis19 tered by the Federal Motor Carrier Safety Ad20 ministration. 

21 ‘‘(B) PROGRAM ELEMENTS.—The program 

22 shall include, at a minimum— 

23 ‘‘(i) a program to promote a more 

24 comprehensive and national effort to edu25 cate commercial motor vehicle drivers and 


dlhill on DSK7TPTVN1PROD with BILLS
349 

•HR 4834 IH

1 passenger vehicle drivers about how com2 mercial motor vehicle drivers and pas3 senger vehicle drivers can more safely 

4 share the road with each other; 

5 ‘‘(ii) a program to promote enhanced 

6 traffic enforcement efforts aimed at reduc7 ing the incidence of the most common un8 safe driving behaviors that cause or con9 tribute to crashes involving commercial 

10 motor vehicles and passenger vehicles; and 

11 ‘‘(iii) a program to establish a public12 private partnership to provide resources 

13 and expertise for the development and dis14 semination of information relating to shar15 ing the road referred to in clauses (i) and 

16 (ii) of this subparagraph to each partner’s 

17 constituents and to the general public 

18 through the use of brochures, videos, paid 

19 and public advertisements, the Internet, 

20 and other media. 

21 ‘‘(C) FUNDING.—From amounts made 

22 available in paragraph (1) of this subsection, 

23 the Secretary shall make available in support of 

24 the office of Outreach and Education— 

25 ‘‘(i) $4,905,988 for fiscal year 2015; 


dlhill on DSK7TPTVN1PROD with BILLS
350 

•HR 4834 IH

1 ‘‘(ii) $5,031,988 for fiscal year 2016; 

2 ‘‘(iii) $5,294,988 for fiscal year 2017; 

3 and 

4 ‘‘(iv) $5,294,988 for fiscal year 2018. 

5 ‘‘(D) FEDERAL SHARE.—The Federal 

6 share of a program or activity for which a grant 

7 or cooperative agreement is made under this 

8 paragraph shall be at least 85 percent of the 

9 cost of such program or activity. 

10 ‘‘(4) MOTOR CARRIER SAFETY FACILITY WORK11 ING CAPITAL FUND.— 

12 ‘‘(A) IN GENERAL.—The Secretary may es13 tablish a motor carrier safety facility working 

14 capital fund. 

15 ‘‘(B) PURPOSE.—Amounts in the fund 

16 shall be available for modernization, construc17 tion, leases and expenses related to vacating, 

18 occupying, maintaining and expanding motor 

19 carrier safety facilities. 

20 ‘‘(C) AVAILABILITY.—Amounts in the fund 

21 shall be available without regard to fiscal year 

22 limitation. 

23 ‘‘(D) FUNDING.—Amounts may be appro24 priated to the fund from the amounts made 

25 available paragraph (1) of this subsection. 


dlhill on DSK7TPTVN1PROD with BILLS
351 

•HR 4834 IH

1 ‘‘(E) FUND TRANSFERS.—The Agency 

2 may transfer funds to the working capital fund 

3 from the amounts made available in paragraph 

4 (1) of this subsection. 

5 ‘‘(c) CONTRACT AUTHORITY; INITIAL DATE OF

6 AVAILABILITY.—Amounts authorized from the Highway 

7 Account of the Transportation Trust Fund by this section 

8 shall be available for obligation on the date of their appor9 tionment or allocation or on October 1 of the fiscal year 

10 for which they are authorized, whichever occurs first. 

11 ‘‘(d) FUNDING AVAILABILITY.—Amounts made avail12 able under this section remain available until expended.’’. 

13 (c) INNOVATIVE TECHNOLOGY DEPLOYMENT

14 GRANTS.—Section 31109 is amended to read as follows: 

15 ‘‘§ 31109. Innovative technology deployment grants 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) PROGRAM.—The Secretary shall admin18 ister an innovative technology program funded under 

19 section 31104 of this title. 

20 ‘‘(2) GOAL.—The goal of the program is to sup21 port and maintain a commercial motor vehicle infor22 mation systems and networks program to— 

23 ‘‘(A) link Federal motor carrier safety in24 formation systems with State commercial motor 

25 vehicle systems; 


dlhill on DSK7TPTVN1PROD with BILLS
352 

•HR 4834 IH

1 ‘‘(B) improve the safety and productivity 

2 of commercial motor vehicles and drivers; and 

3 ‘‘(C) reduce costs associated with commer4 cial motor vehicle operations and Federal and 

5 State commercial vehicle regulatory require6 ments. 

7 ‘‘(b) PURPOSE.—The program shall advance the 

8 technological capability and promote the deployment of in9 telligent transportation system applications for commer10 cial motor vehicle operations, including commercial motor 

11 vehicle, commercial driver, and carrier-specific information 

12 systems and networks. 

13 ‘‘(c) DEPLOYMENT GRANTS.— 

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

15 grants to eligible States for the deployment of com16 mercial motor vehicle information systems and net17 works. 

18 ‘‘(2) USE OF FUNDS.—Funds from a grant 

19 under this section may be used for deployment ac20 tivities and activities to develop new and innovative 

21 advanced technology solutions that support commer22 cial motor vehicle information systems and networks. 

23 ‘‘(d) ELIGIBILITY.—To be eligible for a grant under 

24 this section, a State— 


dlhill on DSK7TPTVN1PROD with BILLS
353 

•HR 4834 IH

1 ‘‘(1) shall have a commercial motor vehicle in2 formation systems and networks program plan ap3 proved by the Secretary that describes the various 

4 systems and networks at the State level that need to 

5 be refined, revised, upgraded, or built to accomplish 

6 deployment of commercial motor vehicle information 

7 systems and networks capabilities; 

8 ‘‘(2) shall certify to the Secretary that its com9 mercial motor vehicle information systems and net10 works deployment activities, including hardware pro11 curement, software and system development, and in12 frastructure modifications— 

13 ‘‘(A) are consistent with the national intel14 ligent transportation systems and commercial 

15 motor vehicle information systems and networks 

16 architectures and available standards; and 

17 ‘‘(B) promote interoperability and effi18 ciency to the extent practicable; and 

19 ‘‘(3) shall agree to execute interoperability tests 

20 developed by the Federal Motor Carrier Safety Ad21 ministration to verify that its systems conform with 

22 the national intelligent transportation systems archi23 tecture, applicable standards, and protocols for com24 mercial motor vehicle information systems and net25 works. 


dlhill on DSK7TPTVN1PROD with BILLS
354 

•HR 4834 IH

1 ‘‘(e) DEFINITIONS.—In this section: 

2 ‘‘(1) ‘Commercial motor vehicle information 

3 systems and networks’ means the information sys4 tems and communications networks that provide the 

5 capability to— 

6 ‘‘(A) improve the safety of commercial 

7 motor vehicle operations; 

8 ‘‘(B) increase the efficiency of regulatory 

9 inspection processes to reduce administrative 

10 burdens by advancing technology to facilitate 

11 inspections and increase the effectiveness of en12 forcement efforts; 

13 ‘‘(C) advance electronic processing of reg14 istration information, driver licensing informa15 tion, fuel tax information, inspection and crash 

16 data, and other safety information; 

17 ‘‘(D) enhance the safe passage of commer18 cial motor vehicles across the United States and 

19 across international borders; and 

20 ‘‘(E) promote the communication of infor21 mation among the States and encourage 

22 multistate cooperation and corridor develop23 ment. 

24 ‘‘(2) ‘Commercial motor vehicle operations’— 


dlhill on DSK7TPTVN1PROD with BILLS
355 

•HR 4834 IH

1 ‘‘(A) means motor carrier operations and 

2 commercial motor vehicle regulatory activities 

3 associated with the commercial motor vehicle 

4 movement of goods, including property, haz5 ardous materials, and passengers; and 

6 ‘‘(B) with respect to the public sector, in7 cludes the issuance of operating credentials, the 

8 administration of commercial motor vehicle and 

9 fuel taxes, and roadside safety and border 

10 crossing inspection and regulatory compliance 

11 operations. 

12 ‘‘(3) ‘Deployment’ means, at a minimum, the 

13 implementation of systems in a State necessary to 

14 provide the State with the following capabilities: 

15 ‘‘(A) A safety information exchange to— 

16 ‘‘(i) electronically collect and transmit 

17 commercial motor vehicle and driver in18 spection data at a majority of inspection 

19 sites in the State; 

20 ‘‘(ii) connect to the safety and fitness 

21 electronic records system for access to 

22 interstate carrier and commercial motor 

23 vehicle data, summaries of past safety per24 formance, and commercial motor vehicle 

25 credentials information; and 


dlhill on DSK7TPTVN1PROD with BILLS
356 

•HR 4834 IH

1 ‘‘(iii) exchange carrier data and com2 mercial motor vehicle safety and creden3 tials information within the State and con4 nect to such system for access to interstate 

5 carrier, commercial motor vehicle, and 

6 commercial driver data. 

7 ‘‘(B) Interstate credentials administration 

8 to— 

9 ‘‘(i) perform end-to-end processing, 

10 including carrier application, jurisdiction 

11 application processing, and credential 

12 issuance, of at least the international reg13 istration plan and international fuel tax 

14 agreement credentials and extend this 

15 processing to other credentials, including 

16 intrastate registration, vehicle titling, over17 size vehicle permits, overweight vehicle per18 mits, carrier registration, and hazardous 

19 materials permits; and 

20 ‘‘(ii) connect to such plan and agree21 ment clearinghouses. 

22 ‘‘(C) Roadside electronic screening to elec23 tronically screen commercial vehicles at a min24 imum of one fixed or mobile inspection site in 

25 the State.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
357 

•HR 4834 IH

1 (d) DRIVER TRAINING GRANT PROGRAM.—Chapter 

2 311 is amended by inserting after section 31109 (as 

3 amended by subsection (c) of this section) the following: 

4 ‘‘§ 31110. Commercial motor vehicle operators grant 

5 program 

6 ‘‘(a) IN GENERAL.—The Secretary shall administer 

7 a Commercial Motor Vehicle Operators Grant Program 

8 funded under section 31104 of this title. 

9 ‘‘(b) PURPOSE.—The purpose of the program is to 

10 train individuals in the safe operation of commercial motor 

11 vehicles as defined under section 31301 of this title.’’. 

12 (e) Section 31313 is amended to read as follows: 

13 ‘‘§ 31313. Financial assistance program for commer14 cial driver’s license program implementa15 tion 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) PURPOSE.—The Secretary of Transpor18 tation may make a grant to a State agency in a fis19 cal year— 

20 ‘‘(A) to comply with the requirements of 

21 section 31311 of this title; 

22 ‘‘(B) in the case of a State that is making 

23 a good faith effort toward substantial compli24 ance with the requirements of section 31311 of 

25 this title, to improve its implementation of its 


dlhill on DSK7TPTVN1PROD with BILLS
358 

•HR 4834 IH

1 commercial driver’s license program, including 

2 expenses: 

3 ‘‘(i) for computer hardware and soft4 ware; 

5 ‘‘(ii) for publications, testing, per6 sonnel, training, and quality control; 

7 ‘‘(iii) for commercial driver’s license 

8 program coordinators; 

9 ‘‘(iv) to implement or maintain a sys10 tem to notify an employer of an operator 

11 of a commercial motor vehicle of the sus12 pension or revocation of the operator’s 

13 commercial driver’s license consistent with 

14 the standards developed under section 

15 32303(b) of the Commercial Motor Vehicle 

16 Safety Enhancement Act of 2012 (49 

17 U.S.C. 31304 note). 

18 ‘‘(2) PRIORITY ACTIVITIES.—The Secretary 

19 may make a grant or cooperative agreement in a fis20 cal year to a State agency, local government, or any 

21 person for research, development or testing, dem22 onstration projects, public education, or other special 

23 activities and projects relating to commercial driver’s 

24 licensing and motor vehicle safety that— 


dlhill on DSK7TPTVN1PROD with BILLS
359 

•HR 4834 IH

1 ‘‘(A) are of benefit to all jurisdictions of 

2 the United States; 

3 ‘‘(B) are designed to address national safe4 ty concerns and circumstances; 

5 ‘‘(C) are designed to address emerging 

6 issues relating to commercial driver’s license 

7 improvements; or 

8 ‘‘(D) support innovative ideas and solu9 tions to commercial driver’s license program 

10 issues. 

11 ‘‘(b) PROHIBITIONS.—A recipient may not use finan12 cial assistance funds awarded under this section to rent, 

13 lease, or buy land or buildings. 

14 ‘‘(c) APPORTIONMENT.—All amounts made available 

15 to carry out this section for a fiscal year shall be appor16 tioned according to criteria prescribed by the Secretary of 

17 Transportation.’’. 

18 (f) MISCELLANEOUS REPEALS.— 

19 (1) Subsection (b) of section 31106 is amended 

20 by striking paragraph (4). 

21 (2) Section 31107 is repealed. 

22 (3) Subsection (g) of section 31144 is amended 

23 by striking paragraph (4), as redesignated by section 

24 5105 of this Act. 

25 (g) TECHNICAL AND CONFORMING AMENDMENT.— 


dlhill on DSK7TPTVN1PROD with BILLS
360 

•HR 4834 IH

1 (1) The analysis for chapter 311 is amended 

2 by— 

3 (A) striking the item relating to section 

4 31102 and inserting ‘‘31102. Motor Carrier 

5 Safety Assistance Program.’’; 

6 (B) striking the item relating to section 

7 31103 and inserting ‘‘31103. High Priority 

8 Grant Program.’’; 

9 (C) striking the item relating to section 

10 31107; 

11 (D) striking the item relating to section 

12 31109 and inserting ‘‘Innovative Technology 

13 Deployment Grants.’’; and 

14 (E) by adding at the end of Subchapter I 

15 the following: ‘‘31110. Commercial Motor Vehi16 cle Operators Grant Program.’’ 

17 (2) The subsection heading for section 

18 31106(b) is amended by striking ‘‘program’’ and in19 serting ‘‘system management’’. 

20 (3) Section 31161 is amended by striking 

21 ‘‘31104(i)’’ and inserting ‘‘31104(b)’’. 

22 (4) The analysis for chapter 313 is amended by 

23 striking the item relating to section 31313 and in24 serting the following: ‘‘31313. Financial assistance 


dlhill on DSK7TPTVN1PROD with BILLS
361 

•HR 4834 IH

1 program for commercial driver’s license program im2 plementation.’’. 

3 Subtitle E—Miscellaneous 

4 SEC. 5501. MOTOR CARRIER SAFETY ADVISORY COM5 MITTEE. 

6 (a) MOTOR CARRIER SAFETY ADVISORY COM7 MITTEE.—Subchapter III of chapter 311 is amended by 

8 inserting after section 31152 (as added by section 5204) 

9 the following: 

10 ‘‘§ 31153. Motor carrier safety advisory committee 

11 ‘‘(a) ESTABLISHMENT AND DUTIES.—The Secretary 

12 shall maintain for the Federal Motor Carrier Safety Ad13 ministration a motor carrier safety advisory committee. 

14 The committee shall— 

15 ‘‘(1) provide advice and recommendations to the 

16 Administrator of the Federal Motor Carrier Safety 

17 Administration about needs, objectives, plans, ap18 proaches, content, and accomplishments of the 

19 motor carrier safety programs carried out by the Ad20 ministration; and 

21 ‘‘(2) provide advice and recommendations to the 

22 Administrator on motor carrier safety regulations. 

23 ‘‘(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.— 

24 ‘‘(1) IN GENERAL.—The committee shall be 

25 composed of not more than 20 members appointed 


dlhill on DSK7TPTVN1PROD with BILLS
362 

•HR 4834 IH

1 by the Administrator from among individuals who 

2 are not employees of the Administration and who 

3 are specially qualified to serve on the committee be4 cause of their education, training, or experience. The 

5 members shall consist of representatives of the 

6 motor carrier industry, nonprofit employee labor or7 ganizations representing commercial vehicle drivers, 

8 safety advocates, and safety enforcement officials. 

9 Representatives of a single enumerated interest 

10 group may not constitute a majority of the members 

11 of the advisory committee. A person appointed under 

12 this section shall not be considered an employee of 

13 the Federal Government by reason of the appoint14 ment. 

15 ‘‘(2) CHAIRMAN.—The Administrator shall des16 ignate the chairman of the committee. 

17 ‘‘(3) PAY.—A member of the committee shall 

18 serve without pay; except that the Administrator 

19 may allow a member, when attending meetings of 

20 the committee or a subcommittee of the committee, 

21 expenses authorized under section 5703 of title 5, 

22 relating to per diem, travel, and transportation ex23 penses. 

24 ‘‘(c) SUPPORT STAFF, INFORMATION, AND SERV25 ICES.—The Administrator shall provide staff for the comVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
363 

•HR 4834 IH

1 mittee. On request of the committee, and subject to the 

2 availability of funding, the Administrator shall provide in3 formation, administrative services, and supplies that the 

4 Administrator considers necessary for the committee to 

5 carry out its duties and powers.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) The analysis for chapter 311 is amended by 

8 inserting after the item relating to 31152 (as added 

9 by section 5204 of this Act) the following: 

‘‘31153. Motor Carrier Safety Advisory Committee.’’. 

10 (2) Section 4144 of the Safe, Accountable, 

11 Flexible, Efficient Transportation Equity Act: A 

12 Legacy for Users (49 U.S.C. 31100 note) is re13 pealed. 

14 SEC. 5502. UNIFIED CARRIER REGISTRATION PLAN. 

15 Section 14504a is amended— 

16 (1) in subsection (a)(5)(A)(ii)(II), by striking 

17 ‘‘subsection (d)(4)(C)’’ and inserting ‘‘subsection 

18 (d)(5)(C)’’; 

19 (2) in subsection (d)(1)(B), by striking ‘‘ap20 pointed by the Secretary as follows’’ and inserting ‘‘. 

21 In making appointments of directors, the Secretary 

22 should seek to achieve the following distribution’’; 

23 (3) in subsection (d)(1)(B)(iii), by striking 

24 ‘‘Five’’ and inserting ‘‘Six’’ and inserting the fol25 lowing before the last sentence: ‘‘At least one of the 


dlhill on DSK7TPTVN1PROD with BILLS
364 

•HR 4834 IH

1 appointees under this clause shall be a representa2 tive of the passenger motorcoach industry.’’; 

3 (4) in subsection (d)(1)(B), by striking clause 

4 (iv); 

5 (5) in subsection (d)(1)(C), by striking ‘‘Sec6 retary’’ and inserting ‘‘board of directors’’; 

7 (6) in subsection (d)(1)(D)— 

8 (A) by striking clause (i) and redesignating 

9 clauses (ii) through (iv) as clauses (i) through 

10 (iii), respectively; and 

11 (B) by amending clause (i), (as so redesig12 nated) to read as follows: 

13 ‘‘(i) TERMS.—All directors shall be 

14 appointed for terms of 3 years.’’; 

15 (7) in subsection (d)(2)(C), by striking ‘‘and’’; 

16 (8) in subsection (d)(2)(D), by striking the pe17 riod and inserting ‘‘; and’’ at the end; 

18 (9) in subsection (d)(2), by inserting after sub19 paragraph (D) the following: 

20 ‘‘(E) require the board to conduct an audit 

21 of the UCR plan’s use of administrative fees no 

22 less frequently than once every two years.’’; 

23 (10) in subsection (d)(3)(A)— 


dlhill on DSK7TPTVN1PROD with BILLS
365 

•HR 4834 IH

1 (A) by striking ‘‘Except for the representa2 tive of the Department appointed under para3 graph (1)(B)(iv), no’’; and 

4 (B) by inserting ‘‘No’’ before ‘‘director 

5 shall receive’’; 

6 (11) in subsection (d)(4)(A), by striking ‘‘of the 

7 board,’’ and inserting ‘‘of the board or’’ and striking 

8 ‘‘, or the Secretary’’; 

9 (12) in subsection (d)(6), by inserting ‘‘or the 

10 United States Government’’ after ‘‘agency of a 

11 State’’; 

12 (13) by redesignating section 14504a(d)(7)(A) 

13 as section 14504a(d)(7) and amending paragraph 

14 (7) (as so redesignated) to read as follows: 

15 ‘‘(7) SETTING FEES.—The board shall set the 

16 initial annual fees to be assessed carriers, leasing 

17 companies, brokers, and freight forwarders under 

18 the unified carrier registration agreement. In setting 

19 the level of fees to be assessed in any agreement 

20 year, and in setting the fee level, the board shall 

21 consider— 

22 ‘‘(A) the administrative costs associated 

23 with the unified carrier registration plan and 

24 the agreement; 


dlhill on DSK7TPTVN1PROD with BILLS
366 

•HR 4834 IH

1 ‘‘(B) whether the revenues generated in 

2 the previous year and any surplus or shortage 

3 from that year or prior years enable the partici4 pating States to achieve the revenue levels set 

5 by the board; and 

6 ‘‘(C) the provisions governing fees under 

7 subsection (f)(1).’’; 

8 (14) by striking subsection (d)(7)(B); 

9 (15) by amending subsection (d)(9) to read as 

10 follows: 

11 ‘‘(9) INAPPLICABILITY.—Neither the Federal 

12 Advisory Committee Act (5 U.S.C. App.) nor the 

13 Administrative Procedure Act (5 U.S.C. 551 et seq.) 

14 shall apply to the unified carrier registration plan, 

15 the board, or its committees.’’; 

16 (16) by redesignating subsections (d)(1) 

17 through (10) as (d)(2) through (11), respectively; 

18 (17) by inserting a new subsection (d)(1) before 

19 subsection (d)(2) (as redesignated in paragraph) to 

20 read as follows: 

21 ‘‘(1) STATUS.—The unified carrier registration 

22 plan— 

23 ‘‘(A) is an interstate agreement established 

24 under this section; 


dlhill on DSK7TPTVN1PROD with BILLS
367 

•HR 4834 IH

1 ‘‘(B) shall be operated as a not-for-profit 

2 corporation; and 

3 ‘‘(C) is not a department, agency or instru4 mentality of the United States Government.’’; 

5 (18) in subsection (e), by striking subparagraph 

6 (5); 

7 (19) in subsection (e)(2), by striking ‘‘the Sec8 retary and’’; 

9 (20) in subsection (e)(3)— 

10 (A) by striking ‘‘Secretary’’ the first place 

11 it appears; 

12 (B) by inserting ‘‘chairperson of the board 

13 of directors’’; and 

14 (C) by striking the last sentence; 

15 (21) in subsection (e)(4), by striking ‘‘Sec16 retary’’ and inserting ‘‘chairperson of the board of 

17 directors’’; 

18 (22) in subsection (f)(1)(E), by striking ‘‘ask 

19 the Secretary to’’; 

20 (23) by striking subsection (f)(1)(B) and redes21 ignating subsections (f)(1)(C) through (f)(1)(E) as 

22 subsections (f)(1)(B) through (f)(1)(D), respectively; 

23 (24) in subsection (h)(2)— 

24 (A) by striking ‘‘participating’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
368 

•HR 4834 IH

1 (B) by striking ‘‘subsection (d)(2)(D)’’ and 

2 inserting ‘‘subsection (d)(3)(D)’’, as redesig3 nated; 

4 (25) by amending subsection (h)(3)(B) to read 

5 as follows: 

6 ‘‘(B) To pay the administrative costs of 

7 the UCR plan and the UCR agreement. Pay8 ments for administrative costs may be made 

9 prior to making distributions under subpara10 graph (A).’’; 

11 (26) in subsection (h)(4), by striking ‘‘Sec12 retary’’ and inserting ‘‘board’’; and 

13 (27) by amending subsection (i) to read as fol14 lows: 

15 ‘‘(i) ENFORCEMENT.—Nothing in this section— 

16 ‘‘(1) prohibits a participating State from 

17 issuing citations and imposing reasonable fines and 

18 penalties pursuant to the applicable laws and regula19 tions of the State on any motor carrier, motor pri20 vate carrier, freight forwarder, broker, or leasing 

21 company for failure to— 

22 ‘‘(A) submit information documents as re23 quired under subsection (d)(3); or 

24 ‘‘(B) pay the fees required under sub25 section (f); or 


dlhill on DSK7TPTVN1PROD with BILLS
369 

•HR 4834 IH

1 ‘‘(2) authorizes a State to require a motor car2 rier, motor private carrier, or freight forwarder to 

3 display as evidence of compliance any form of identi4 fication in excess of those permitted under section 

5 14506 of this title on or in a commercial motor vehi6 cle.’’. 

7 SEC. 5503. SELF-INSURANCE FOR MOTOR CARRIERS RE8 PEALED. 

9 Section 13906(d) is amended by striking the second, 

10 third and last sentences. 

11 SEC. 5504. ELECTRONIC LOGGING DEVICE RECALL AU12 THORITY. 

13 Section 31137 is amended— 

14 (1) by redesignating subsections (f) and (g) as 

15 subsections (h) and (i), respectively; and 

16 (2) by inserting before subsection (h), as redes17 ignated, the following: 

18 ‘‘(f) NOTICE AND RECORD REQUIREMENTS.—The 

19 Secretary may require an electronic logging device pro20 vider to— 

21 ‘‘(1) provide the purchaser or lessee of an elec22 tronic logging device, in a manner the Secretary con23 siders appropriate, any information or notice that 

24 the Secretary considers necessary; and 


dlhill on DSK7TPTVN1PROD with BILLS
370 

•HR 4834 IH

1 ‘‘(2) maintain records of electronic logging de2 vice purchasers and lessees in order to provide any 

3 information or notice required under paragraph (1) 

4 of this subsection. 

5 ‘‘(g) NONCOMPLIANT DEVICES.— 

6 ‘‘(1) The Secretary shall notify an electronic 

7 logging device provider after making a preliminary 

8 decision that an electronic logging device does not 

9 comply with the standards established through the 

10 regulations prescribed under subsection (a) in effect 

11 at the time of certification. 

12 ‘‘(2) The Secretary shall publish notice of each 

13 preliminary decision in the Federal Register. 

14 ‘‘(3) The Secretary may make a final decision 

15 that an electronic logging device does not comply 

16 with the standards only after— 

17 ‘‘(A) giving the electronic logging device 

18 provider an opportunity to— 

19 ‘‘(i) correct the deficiency in order 

20 that the electronic logging device complies 

21 with the standards; or 

22 ‘‘(ii) present information to show that 

23 the electronic logging device complies with 

24 the standards; and 


dlhill on DSK7TPTVN1PROD with BILLS
371 

•HR 4834 IH

1 ‘‘(B) giving any other interested person an 

2 opportunity to present information as to the 

3 electronic logging device’s noncompliance. 

4 ‘‘(4) If the Secretary makes a final decision 

5 that an electronic logging device does not comply 

6 with the standards in effect at the time of certifi7 cation, the Secretary shall order the electronic log8 ging device provider to give notice under subsection 

9 (f) of this section to each purchaser or lessee of the 

10 electronic logging device that the electronic logging 

11 device provider has been required to— 

12 ‘‘(A) recall the electronic logging device; 

13 and 

14 ‘‘(B) remedy the defect so that the pur15 chaser or lessee of the electronic logging device 

16 obtains a compliant electronic logging device 

17 within a reasonable time and in accordance with 

18 the terms prescribed by the Secretary.’’. 

19 SEC. 5505. REPEAL OF MOTOR CARRIER FINANCIAL RE20 PORTING REQUIREMENT. 

21 Section 14123 and the item relating to that section 

22 in the analysis for chapter 141 are repealed. 


dlhill on DSK7TPTVN1PROD with BILLS
372 

•HR 4834 IH

1 SEC. 5506. CONTRACTORS EXERCISING OPERATIONAL CON2 TROL OVER MOTOR CARRIER OPERATIONS. 

3 (a) CONTRACTORS EXERCISING OPERATIONAL CON4 TROL OVER MOTOR CARRIER OPERATIONS.—Chapter 311 

5 is amended by inserting after section 31139 the following: 

6 ‘‘§ 31139a. Contractors exercising operational control 

7 over motor carrier operations 

8 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

9 may issue regulations governing contractors that exercise 

10 control over motor carrier operations. 

11 ‘‘(b) CONTENTS.—The regulations issued under this 

12 section shall include, at a minimum— 

13 ‘‘(1) a requirement that contractors register 

14 with the Secretary under this chapter; 

15 ‘‘(2) a requirement that contractors create and 

16 maintain records applicable to regulatory provisions 

17 over which they exercise control or which they con18 duct directly; 

19 ‘‘(3) a program for the evaluation and audit of 

20 compliance by contractors with applicable Federal 

21 motor carrier safety regulations; 

22 ‘‘(4) a civil penalty structure consistent with 

23 section 521(b) of this title, for contractors that fail 

24 to comply with applicable Federal motor carrier 

25 safety regulations; 


dlhill on DSK7TPTVN1PROD with BILLS
373 

•HR 4834 IH

1 ‘‘(5) a prohibition on contractors from placing 

2 commercial motor vehicles or drivers in service on 

3 the public highways to the extent that such drivers 

4 or their equipment are found to pose an imminent 

5 hazard; 

6 ‘‘(6) a process by which motor carriers and 

7 agents of motor carriers shall be able to request the 

8 Federal Motor Carrier Safety Administration to un9 dertake an investigation of a contractor identified 

10 that is alleged to be not in compliance with the regu11 lations under this section; and 

12 ‘‘(7) a procedure under which motor carriers, 

13 drivers, and contractors may seek correction of their 

14 safety records through the deletion from those 

15 records of violations of safety regulations attrib16 utable to deficiencies in operation or driver perform17 ance for which they should not have been held re18 sponsible. 

19 ‘‘(c) INSPECTIONS.—The Secretary or an employee of 

20 the Department of Transportation designated by the Sec21 retary or a contractor or an employee of the recipient of 

22 a grant issued under section 31102 of this title may in23 spect records for operations controlled by or drivers pro24 vided by the contractor, upon demand and display of prop25 er credentials in person or in writing. 


dlhill on DSK7TPTVN1PROD with BILLS
374 

•HR 4834 IH

1 ‘‘(d) OUT-OF-SERVICE.—Any contractor that is de2 termined under this section to fail to comply with applica3 ble Federal safety regulations may be placed out of service 

4 by the Secretary or a Federal, State, or government offi5 cial designated by the Secretary and may not exercise 

6 operational control over a motor carrier’s drivers and com7 mercial motor vehicles and may not provide drivers or 

8 commercial motor vehicles to a motor carrier until the con9 tractor takes actions necessary to come into compliance. 

10 ‘‘(e) DEFINITION OF CONTRACTOR.—For purposes of 

11 this section, exclusive of the first use of term in subsection 

12 (c), the term ‘contractor’ means a person, other than a 

13 motor carrier, that does one or more of the following: 

14 ‘‘(1) Enters into a contract with a motor carrier 

15 under which the motor carrier provides commercial 

16 motor vehicles and drivers dedicated to transporting 

17 property or passengers for the person over multiple 

18 trips where the person exercises direct operational 

19 control, such as setting schedules, routes, pick-up 

20 and delivery points, and dispatching drivers and 

21 commercial motor vehicles. 

22 ‘‘(2) Enters into a contract with a motor carrier 

23 to provide drivers to the carrier and represents that 

24 it is responsible for ensuring that the drivers meet 


dlhill on DSK7TPTVN1PROD with BILLS
375 

•HR 4834 IH

1 the qualifications required by this part and regula2 tions promulgated under this part. 

3 ‘‘(3) Enters into a contract with a motor carrier 

4 to provide commercial motor vehicles to the motor 

5 carrier (other than for purchase or lease to pur6 chase) and represents that it is responsible under 

7 the contract for ensuring that the vehicles meet the 

8 requirements of this part and regulations promul9 gated under it.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 chapter 311 is amended by inserting after the item relat12 ing to section 31139 the following: 

‘‘31139a. Contractors exercising operational control over motor carrier operations’’. 

13 SEC. 5507. DRIVER COMPENSATION. 

14 (a) IN GENERAL.—Chapter 311 is amended by in15 serting after section 31139a (as added by section 5506 

16 of this Act) the following: 

17 ‘‘§ 31140. Driver compensation 

18 ‘‘(a) ON-DUTY, NOT-DRIVING TIME.—The Secretary 

19 of Transportation may by regulation require that a motor 

20 carrier employer— 

21 ‘‘(1) track the on-duty (not driving) time of an 

22 employee whose base compensation is calculated in a 

23 manner other than an hourly wage and who is re24 quired to keep a record of duty status under the 


dlhill on DSK7TPTVN1PROD with BILLS
376 

•HR 4834 IH

1 hours of service regulations prescribed by the Sec2 retary; and 

3 ‘‘(2) separately compensate the employee for 

4 any on-duty, not-driving period at an hourly rate not 

5 less than the Federal minimum wage rate under sec6 tion 6 of the Fair Labor Standards Act (29 U.S.C. 

7 206). 

8 ‘‘(b) SCOPE.—This section does not apply to an em9 ployee whose employment is governed by a collective bar10 gaining agreement, negotiated by employee representatives 

11 certified as bona fide by the National Labor Relations 

12 Board, if the agreement governs compensation of the em13 ployee for on-duty, not-driving time. 

14 ‘‘(c) OTHER LAW.—Nothing in this section or regula15 tions adopted under this section shall alter an employer’s 

16 obligations under the Fair Labor Standards Act of 1938 

17 (29 U.S.C. 201 et seq.). Compensation of employees under 

18 this section and regulations adopted under this section 

19 shall be in addition to other compensation calculated for 

20 purposes of determining compliance with the Fair Labor 

21 Standards Act.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis of 

23 chapter 311 is amended by inserting after the item relat24 ing to section 31139a (as added by section 5506 of this 

25 Act) the following: 

‘‘31140. Driver compensation’’. 


dlhill on DSK7TPTVN1PROD with BILLS
377 

•HR 4834 IH

1 SEC. 5508. CIVIL ENFORCEMENT AUTHORITY. 

2 Section 507 is amended— 

3 (1) in subsection (b)— 

4 (A) by inserting ‘‘, subchapter III of chap5 ter 311, chapter 313, or chapter 315’’ after the 

6 first ‘‘this chapter’’; 

7 (B) by striking the second ‘‘this chapter’’ 

8 and inserting ‘‘these provisions’’; and 

9 (C) by striking ‘‘violating this chapter or a 

10 regulation or order of the Secretary’’ and in11 serting ‘‘for a violation’’; and 

12 (2) in subsection (c)— 

13 (A) by striking ‘‘, at the request of the 

14 Secretary, may’’ and inserting ′′may, and at the 

15 request of the Secretary, shall; and 

16 (B) by striking ‘‘(except sections 31138 

17 and 31139) or section 31502’’ and inserting ‘‘, 

18 chapter 313, and chapter 315’’. 

19 SEC. 5509. CRIMINAL PENALTIES. 

20 Section 521(b)(6)(A) is amended by— 

21 (1) striking ‘‘and willfully’’; 

22 (2) striking the second ‘‘or’’; 

23 (3) inserting ‘‘or order’’ after ‘‘regulation’’; 

24 (4) inserting ‘‘, or an imminent hazard out-of25 service order issued under this section’’ after ‘‘those 

26 provisions’’; 


dlhill on DSK7TPTVN1PROD with BILLS
378 

•HR 4834 IH

1 (5) striking ‘‘to a fine not to exceed $25,000’’ 

2 and inserting ‘‘to a fine as set forth in section 3571 

3 of title 18’’; 

4 (6) striking ‘‘, except that, if’’ and inserting ‘‘. 

5 If’’; and 

6 (7) striking ‘‘to a fine not to exceed $2,500’’ 

7 and inserting ‘‘to a fine as set forth in section 3571 

8 of title 18 or imprisonment for a term not to exceed 

9 one year, or both’’. 

10 SEC. 5510. PENALTIES FOR VIOLATIONS OF OUT-OF-SERV11 ICE ORDERS. 

12 Section 521(b)(2)(F) is amended by inserting the end 

13 the following: ‘‘Each day of operation after the effective 

14 date of the out-of-service order is a separate offense.’’ 

15 SEC. 5511. TECHNICAL CORRECTIONS. 

16 (a) FLEETWIDE OUT-OF-SERVICE ORDER FOR OPER17 ATING WITHOUT REQUIRED REGISTRATION.—Section 

18 13902(e)(1) is amended— 

19 (1) by inserting ‘‘motor vehicle or’’ before 

20 ‘‘motor carrier providing’’; and 

21 (2) by inserting ‘‘motor vehicle or’’ before 

22 ‘‘motor carrier operations’’. 

23 (b) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 

24 Section 14901(h) is amended by striking ‘‘HOUSEHOLD

25 GOODS’’ in the subsection heading. 


dlhill on DSK7TPTVN1PROD with BILLS
379 

•HR 4834 IH

1 (c) HOURS OF SERVICE STUDY AND ELECTRONIC

2 LOGGING DEVICES.—Section 30165(a)(1) is amended by 

3 striking ‘‘30141 through 30147, or 31137’’ and inserting 

4 ‘‘or 30141 through 30147’’. 

5 (d) MEDICAL STANDARDS AND REQUIREMENTS.— 

6 Section 31149(c)(1)(E) is amended by striking ‘‘on a 

7 monthly basis’’. 

8 (e) NATIONAL CLEARINGHOUSE FOR CONTROLLED

9 SUBSTANCE AND ALCOHOL TEST RESULTS.— 

10 (1) Section 521 is amended— 

11 (A) by inserting ‘‘, section 31306(b),’’ be12 fore ‘‘or section 31502’’ in subparagraph 

13 (b)(2)(A); 

14 (B) by amending the subparagraph head15 ings for subparagraphs (b)(2)(C) and (b)(6)(B), 

16 by inserting after ‘‘CDLS’’, each place it ap17 pears, ‘‘AND ALCOHOL AND CONTROLLED SUB18 STANCE TESTING’’; and 

19 (C) by inserting in subparagraph (b)(2)(C) 

20 and clause (b)(6)(B)(i), after ‘‘31305(b),’’ each 

21 place it appears, ‘‘31306, 31306a,’’. 

22 (2) Section 31306a(f) is amended by inserting 

23 ‘‘AND SERVICE AGENT’’ before ‘‘REQUIREMENTS.’’ 

24 in the subsection heading. 


dlhill on DSK7TPTVN1PROD with BILLS
380 

•HR 4834 IH

1 (f) EXEMPTIONS FROM REQUIREMENTS FOR COV2 ERED FARM VEHICLES.—Subsection 32934(c)(1)(B) of 

3 the Moving Ahead for Progress in the 21st Century Act 

4 (Public Law 112–141) is amended by striking ‘‘26,001 

5 pounds’’ in both places it occurs and inserting ‘‘26,000 

6 pounds’’. 

7 (g) CORRECTING REFERENCE TO FMCSA IN STAT8 UTE.—Section 30305(b)(1) is amended by striking ‘‘Fed9 eral Highway Administration’’ and inserting ‘‘Federal 

10 Motor Carrier Safety Administration’’. 

11 SEC. 5512. AUDITS AND COMPLIANCE INVESTIGATIONS OF 

12 MEXICO-DOMICILED MOTOR CARRIERS. 

13 Section 130 of division L of Public Law 113–76 is 

14 amended by inserting after ‘‘110–28’’ the following: ‘‘, ex15 cept to the extent that a term or condition in either section 

16 350 or section 6901 requires that safety examinations of 

17 Mexico-domiciled motor carriers be conducted on-site; 

18 nothing in section 350 or section 6901 shall be construed 

19 as limiting the ability of the Federal Motor Carrier Safety 

20 Administration to conduct any compliance review, new en21 trant safety audit, or other inspection or investigation of 

22 a Mexico-domiciled motor carrier at any location pre23 scribed by the Administrator of the Federal Motor Carrier 

24 Safety Administration’’. 


dlhill on DSK7TPTVN1PROD with BILLS
381 

•HR 4834 IH

1 SEC. 5513. ADMINISTRATIVE ADJUDICATION OF VIOLA2 TIONS OF COMMERCIAL REGULATIONS AND 

3 STATUTES. 

4 Section 14702 is amended by adding at the end the 

5 following: 

6 ‘‘(d) ADMINISTRATIVE ADJUDICATIONS.—In addition 

7 to civil actions under subsection (a) of this section, the 

8 authority of the Secretary includes authority to maintain 

9 by regulation procedures for the administrative adjudica10 tion of violations of this part.’’. 

11 SEC. 5514. ACCESS TO NATIONAL DRIVER REGISTER. 

12 Section 30305(b) is amended by inserting at the end 

13 the following: 

14 ‘‘(13) The Administrator of the Federal Motor 

15 Carrier Safety Administration may request the chief 

16 driver licensing official of a State to provide infor17 mation under subsection (a) of this section about an 

18 individual in connection with a safety investigation 

19 under the Administrator’s jurisdiction.’’. 

20 SEC. 5515. ELIMINATION OF CERTAIN FMCSA REPORTING 

21 REQUIREMENTS. 

22 (a) MOTOR CARRIER EFFICIENCY STUDY ANNUAL

23 REPORT.—Section 5503 of the Safe, Accountable, Flexi24 ble, Efficient Transportation Equity Act: A Legacy for 

25 Users (Public Law 109–59) is amended by— 

26 (1) by striking subsection (d); and 


dlhill on DSK7TPTVN1PROD with BILLS
382 

•HR 4834 IH

1 (2) redesignating subsection (e) as subsection 

2 (d). 

3 (b) SAFETY DATA IMPROVEMENT PROGRAM RE4 PORT.—Section 4128 of the Safe, Accountable, Flexible, 

5 Efficient Transportation Equity Act: A Legacy for Users 

6 (Public Law 109–59) is amended by striking subsection 

7 (d). 

8 TITLE VI—HAZARDOUS MATE9 RIAL TRANSPORTATION 

10 SAFETY 

11 SEC. 6001. AMENDMENT OF TITLE 49, UNITED STATES 

12 CODE. 

13 Except as otherwise expressly provided, whenever in 

14 this title an amendment or repeal is expressed in terms 

15 of an amendment to, or a repeal of, a section or other 

16 provision, the reference shall be considered to be made to 

17 a section or other provision of title 49, United States 

18 Code. 

19 SEC. 6002. EMERGENCY OPERATIONAL CONTROLS. 

20 (a) IN GENERAL.—Chapter 51 is amended by insert21 ing after section 5128 the following: 

22 ‘‘§ 5129. Emergency operational controls 

23 ‘‘(a) ORDERING OPERATIONAL CONTROLS, RESTRIC24 TIONS, AND PROHIBITIONS.— 


dlhill on DSK7TPTVN1PROD with BILLS
383 

•HR 4834 IH

1 ‘‘(1) IN GENERAL.—If, upon inspection, inves2 tigation, testing, or research carried out under this 

3 chapter, the Secretary determines that an unsafe 

4 condition or practice, or a combination of unsafe 

5 conditions and practices, or an activity existing with6 in a regulated entity or industry, related to the 

7 transportation of hazardous materials in commerce, 

8 causes an emergency situation involving a hazard of 

9 death, personal injury, or significant harm to prop10 erty or the environment, the Secretary immediately 

11 may order such operational controls, restrictions, 

12 and prohibitions, without prior notice or an oppor13 tunity for a hearing, as may be necessary to abate 

14 the situation. 

15 ‘‘(2) WRITTEN ORDERS.—The order shall be in 

16 writing, and describe— 

17 ‘‘(A) the condition, practice, or activity 

18 that causes the emergency situation; 

19 ‘‘(B) the operational controls, restrictions, 

20 and prohibitions issued or imposed; and 

21 ‘‘(C) the standards and procedures for ob22 taining relief from the order. This paragraph 

23 does not affect the Secretary’s discretion under 

24 this section to maintain the order in effect for 

25 as long as the emergency situation exists. 


dlhill on DSK7TPTVN1PROD with BILLS
384 

•HR 4834 IH

1 ‘‘(3) EMERGENCY VARIANCE.—Notwithstanding 

2 section 5117(e) of this title, such orders may provide 

3 for an emergency variance from this chapter or a 

4 regulation prescribed thereunder. 

5 ‘‘(b) REVIEW OF ORDERS.—After issuing an order 

6 under this section, the Secretary shall provide an oppor7 tunity for review of the order under section 554 of title 

8 5. If a petition for review is filed and the review is not 

9 completed by the end of the 30-day period beginning on 

10 the date the order was issued, the order stops being effec11 tive at the end of that period unless the Secretary decides 

12 in writing that the emergency situation still exists.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 chapter 51 is amended by inserting after the item relating 

15 to section 5128 the following: 

‘‘5129. Emergency operational controls’’. 

16 SEC. 6003. ENHANCED REGISTRATION REQUIREMENTS. 

17 Section 5108 is amended by— 

18 (1) inserting the following after subsection 

19 (a)(2)(B): 

20 ‘‘(C) a person who performs, or is respon21 sible for performing, a function specified by 

22 regulation prescribed under this chapter that is 

23 required to assure the safe transportation of 

24 hazardous material, in commerce, and is subject 

25 to the training requirements of section 5107.’’; 


dlhill on DSK7TPTVN1PROD with BILLS
385 

•HR 4834 IH

1 (2) in subsection (a)(3), inserting after ‘‘mate2 rial,’’ the following: ‘‘or perform or be responsible 

3 for performing a function specified by regulation 

4 prescribed under this chapter that is required to as5 sure the safe transportation of hazardous material, 

6 in commerce, and is subject to the training require7 ments of section 5107,’’; 

8 (3) in subparagraph (g)(2)(A), by striking ‘‘and 

9 impose by regulation’’; and 

10 (4) in subparagraphs (g)(2)(B) and (g)(2)(C), 

11 replacing ‘‘(i)’’ with ‘‘(h)’’. 

12 SEC. 6004. USER FEES FOR SPECIAL PERMITS. 

13 Section 5117 is amended by inserting the following 

14 at the end: 

15 ‘‘(g) FEES.— 

16 ‘‘(1) AUTHORIZATION.—The Secretary is au17 thorized to collect a reasonable fee, to the extent and 

18 in such amounts as provided in advance in appro19 priations acts, for the administration of the special 

20 permits and approvals programs. The fees shall be 

21 deposited into a Hazardous Materials Approvals and 

22 Permits Fund, which shall remain available until ex23 pended. 

24 ‘‘(2) ESTABLISHMENT AND USE OF FEES.— 

25 There is established a Hazardous Materials ApprovVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
386 

•HR 4834 IH

1 als and Permits Fund in the Department of the 

2 Treasury of the United States. Amounts collected 

3 from fees under paragraph (1) shall be available for 

4 administration of the special permits and approvals 

5 programs. 

6 ‘‘(3) FEES CREDITED AS OFFSETTING RE7 CEIPTS.—Notwithstanding section 3302 of title 31, 

8 any fee authorized to be collected under this sub9 section shall be credited as offsetting receipts, and 

10 remain available until expended. 

11 ‘‘(4) REGULATIONS.—The Secretary, after pro12 viding notice and an opportunity for public com13 ment, shall issue regulations to implement this sub14 section.’’. 

15 SEC. 6005. NATIONAL EMERGENCY AND DISASTER RE16 SPONSE. 

17 (a) PURPOSE.—Section 5101 is amended by inserting 

18 ‘‘and to facilitate the safe movement of hazardous mate19 rials during national emergencies’’ after ‘‘commerce’’. 

20 (b) STANDARDS.—Section 5103 is amended by redes21 ignating subsections (c) and (d) as (d) and (e) and insert22 ing new subsection (c) to read as follows: 

23 ‘‘(c) FEDERALLY DECLARED DISASTER AND EMER24 GENCY AREAS.—The Secretary, in consultation with the 

25 Secretary of Homeland Security, may prescribe standards 


dlhill on DSK7TPTVN1PROD with BILLS
387 

•HR 4834 IH

1 to facilitate the movement of hazardous materials into, 

2 from and within federally declared disaster and emergency 

3 areas.’’. 

4 SEC. 6006. ENHANCED REPORTING. 

5 Section 5121(h) is amended by— 

6 (1) striking ‘‘transmit to the Committee on 

7 Transportation and Infrastructure of the House of 

8 Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate’’; and 

10 (2) inserting ‘‘make public’’ after ‘‘and’’. 

11 SEC. 6007. IMPROVING PUBLICATION OF SPECIAL PERMITS. 

12 Section 5117 is amended— 

13 (1) in subsection (b), by striking ‘‘publish in 

14 the Federal Register’’ and inserting ‘‘make public 

15 through’’ after ‘‘shall’’; and 

16 (2) in subsection (c), by striking ‘‘publish’’ and 

17 ‘‘in the Federal Register’’ and inserting ‘‘make pub18 lic’’ after ‘‘shall’’. 

19 SEC. 6008. HAZARD ABATEMENT AUTHORITY. 

20 (a) IN GENERAL.—Chapter 51 is amended by insert21 ing after section 5129 the following: 

22 ‘‘§ 5130. Hazard abatement authority 

23 ‘‘(a) ORDERING REMOVAL, REMEDIATION, OR DIS24 POSAL.—If, upon inspection, investigation, testing, or re25 search, the Secretary determines that an unsafe condition, 


dlhill on DSK7TPTVN1PROD with BILLS
388 

•HR 4834 IH

1 practice, or activity, related to the transportation of haz2 ardous materials in commerce or other items subject to 

3 this chapter, causes unreasonable risk of death, personal 

4 injury, or significant harm to the property or the environ5 ment, the Secretary may order removal, remediation, or 

6 disposal of such hazardous materials or other items sub7 ject to this chapter, as may be necessary to abate the un8 reasonable risk. 

9 ‘‘(b) WRITTEN ORDERS.—The order shall be in writ10 ing, and describe— 

11 ‘‘(1) the condition, practice, or activity that 

12 causes the unreasonable risk; 

13 ‘‘(2) the actions that must be taken to abate 

14 the unreasonable risk; and 

15 ‘‘(3) the standards and procedures for obtaining 

16 relief from the order. 

17 ‘‘(c) DURATION OF ORDER.—Subsection (b) does not 

18 affect the Secretary’s discretion under this section to 

19 maintain the order in effect for as long as the emergency 

20 situation exists. 

21 ‘‘(d) FAILURE TO COMPLY.—If the Secretary deter22 mines that a person has failed to comply with an order 

23 for removal, remediation, or disposal, the Secretary may 

24 take such action to arrange for the removal, remediation, 


dlhill on DSK7TPTVN1PROD with BILLS
389 

•HR 4834 IH

1 or disposal of such hazardous materials as necessary to 

2 abate the unreasonable risk. 

3 ‘‘(e) LIABILITY FOR NONCOMPLIANCE.—Upon a de4 termination by the Secretary that a person has failed to 

5 comply with an order for removal, remediation, or disposal 

6 of a hazardous material, such person shall be liable for 

7 all costs incurred by the United States Government in re8 moving, remediating, or disposing of such hazardous ma9 terials.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 chapter 51 is amended by inserting after the item relating 

12 to section 5129 the following: 

‘‘5130. Hazard abatement authority’’. 

13 SEC. 6009. INSPECTION OF NON-DOMESTIC ENTITIES. 

14 Section 5121 is amended by inserting the following 

15 after subsection (c)(3): 

16 ‘‘(4) INSPECTION OF NON-DOMESTIC ENTI17 TIES.—In instances when a person seeks to manu18 facture, requalify, or inspect a DOT specification 

19 packaging or special permit cylinders or certify com20 pliance with title 49 of the Code of Federal Regula21 tions outside the United States, that person must 

22 seek an approval from the Secretary to perform that 

23 function outside the United States. Upon the re24 quest of the Secretary, the applicant must allow the 

25 Secretary or the Secretary’s designee to inspect the 


dlhill on DSK7TPTVN1PROD with BILLS
390 

•HR 4834 IH

1 applicant’s process and procedures. The applicant 

2 must bear the cost of the initial and subsequent in3 spections.’’. 

4 SEC. 6010. IMPROVING THE EFFECTIVENESS OF THE HMEP 

5 GRANT PROGRAM. 

6 (a) PLANNING AND TRAINING GRANTS.—Section 

7 5116 is amended to read as follows: 

8 ‘‘§ 5116. Planning and training grants, monitoring, 

9 and review 

10 ‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The 

11 Secretary shall make grants to States and Indian tribes— 

12 ‘‘(A) to develop, improve, and carry out emer13 gency plans under the Emergency Planning and 

14 Community Right-To-Know Act of 1986 (42 U.S.C. 

15 11001 et seq.), including ascertaining flow patterns 

16 of hazardous material on lands under the jurisdic17 tion of a State or Indian tribe, and between lands 

18 under the jurisdiction of a State or Indian tribe and 

19 lands of another State or Indian tribe; 

20 ‘‘(B) to decide on the need for a regional haz21 ardous material emergency response team; and 

22 ‘‘(C) to train public sector employees to respond 

23 to accidents and incidents involving hazardous mate24 rial. To the extent that a grant is used to train 

25 emergency responders, the State or Indian tribe 


dlhill on DSK7TPTVN1PROD with BILLS
391 

•HR 4834 IH

1 shall provide written certification to the Secretary 

2 that the emergency responders who receive training 

3 under the grant will have the ability to protect near4 by persons, property, and the environment from the 

5 effects of accidents or incidents involving the trans6 portation of hazardous material in accordance with 

7 existing regulations or National Fire Protection As8 sociation standards for competence of responders to 

9 accidents and incidents involving hazardous mate10 rials. 

11 ‘‘(2) The Secretary may make a grant to a State or 

12 Indian tribe under paragraph (1) of this subsection only 

13 if— 

14 ‘‘(A) the State or Indian tribe certifies that the 

15 total amount the State or Indian tribe expends (ex16 cept amounts of the United States Government) for 

17 the purpose of the grant will at least equal the aver18 age level of expenditure for the last 5 years; and 

19 ‘‘(B) any emergency response training provided 

20 under the grant shall consist of: 

21 ‘‘(i) a course developed or identified under 

22 section 5115 of this title; or 

23 ‘‘(ii) another course the Secretary decides 

24 is consistent with the objectives of this section. 


dlhill on DSK7TPTVN1PROD with BILLS
392 

•HR 4834 IH

1 ‘‘(3) A State or Indian tribe receiving a grant under 

2 this subsection shall ensure that planning and emergency 

3 response training under the grant is coordinated with ad4 jacent States and Indian tribes. 

5 ‘‘(4) A training grant under this subsection may be 

6 used— 

7 ‘‘(A) to pay— 

8 ‘‘(i) the tuition costs of public sector em9 ployees being trained; 

10 ‘‘(ii) travel expenses of those employees to 

11 and from the training facility; 

12 ‘‘(iii) room and board of those employees 

13 when at the training facility; and 

14 ‘‘(iv) travel expenses of individuals pro15 viding the training; 

16 ‘‘(B) by the State, political subdivision, or In17 dian tribe to provide the training; and 

18 ‘‘(C) to make an agreement with a person (in19 cluding an authority of a State, a political subdivi20 sion of a State or Indian tribe, or a local jurisdic21 tion), subject to approval by the Secretary, to pro22 vide the training— 

23 ‘‘(i) if the agreement allows the Secretary 

24 and the State or Indian tribe to conduct ranVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
393 

•HR 4834 IH

1 dom examinations, inspections, and audits of 

2 the training without prior notice; 

3 ‘‘(ii) the person agrees to have an 

4 auditable accounting system; and 

5 ‘‘(iii) if the State or Indian tribe conducts 

6 at least one on-site observation of the training 

7 each year. 

8 ‘‘(5) The Secretary shall allocate amounts made 

9 available for grants under this subsection among eligible 

10 States and Indian tribes based on the needs of the States 

11 and Indian tribes for emergency response training. In 

12 making a decision about those needs, the Secretary shall 

13 consider— 

14 ‘‘(A) the number of hazardous material facili15 ties in the State or on land under the jurisdiction of 

16 the Indian tribe; 

17 ‘‘(B) the types and amounts of hazardous mate18 rial transported in the State or on such land; 

19 ‘‘(C) whether the State or Indian tribe imposes 

20 and collects a fee on transporting hazardous mate21 rial; 

22 ‘‘(D) whether such fee is used only to carry out 

23 a purpose related to transporting hazardous mate24 rial; 


dlhill on DSK7TPTVN1PROD with BILLS
394 

•HR 4834 IH

1 ‘‘(E) the past record of the State or Indian 

2 tribe in effectively managing planning and training 

3 grants; and 

4 ‘‘(F) other factors the Secretary decides are ap5 propriate to carry out this subsection. 

6 ‘‘(b) COMPLIANCE WITH CERTAIN LAW.—The Sec7 retary may make a grant to a State under this section 

8 only if the State certifies that the State complies with sec9 tions 301 and 303 of the Emergency Planning and Com10 munity Right-To-Know Act of 1986 (42 U.S.C. 11001, 

11 11003). 

12 ‘‘(c) APPLICATIONS.—A State or Indian tribe inter13 ested in receiving a grant under this section shall submit 

14 an application to the Secretary. The application must be 

15 submitted at the time, and contain information, the Sec16 retary requires by regulation to carry out the objectives 

17 of this section. 

18 ‘‘(d) GOVERNMENT’S SHARE OF COSTS.—A grant 

19 under this section is for 80 percent of the cost the State 

20 or Indian tribe incurs to carry out the activity for which 

21 the grant is made. Amounts of the State or tribe under 

22 subsections (a)(2)(A) and (b)(2)(A) of this section are not 

23 part of the non-Government share under this subsection. 

24 ‘‘(e) MONITORING AND TECHNICAL ASSISTANCE.—In 

25 coordination with the Secretaries of Transportation and 


dlhill on DSK7TPTVN1PROD with BILLS
395 

•HR 4834 IH

1 Energy, the Administrator of the Environmental Protec2 tion Agency, and the Director of the National Institute 

3 of Environmental Health Sciences, the Administrator of 

4 the Federal Emergency Management Agency shall monitor 

5 public sector emergency response planning and training 

6 for an accident or incident involving hazardous material. 

7 Considering the results of the monitoring, the Secretaries, 

8 Administrator, and Directors each shall provide technical 

9 assistance to a State, political subdivision of a State, or 

10 Indian tribe for carrying out emergency response training 

11 and planning for an accident or incident involving haz12 ardous material and shall coordinate the assistance using 

13 the existing coordinating mechanisms of the National Re14 sponse Team and, for radioactive material, the Federal 

15 Radiological Preparedness Coordinating Committee. 

16 ‘‘(f) DELEGATION OF AUTHORITY.—To minimize ad17 ministrative costs and to coordinate Federal financial as18 sistance for emergency response training and planning, 

19 the Secretary may delegate to the Administrator of the 

20 Federal Emergency Management Agency and Director of 

21 the National Institute of Environmental Health Sciences, 

22 Chairman of the Nuclear Regulatory Commission, Admin23 istrator of the Environmental Protection Agency, and Sec24 retaries of Labor and Energy any of the following: 


dlhill on DSK7TPTVN1PROD with BILLS
396 

•HR 4834 IH

1 ‘‘(1) Authority to receive applications for grants 

2 under this section. 

3 ‘‘(2) Authority to review applications for tech4 nical compliance with this section. 

5 ‘‘(3) Authority to review applications to rec6 ommend approval or disapproval. 

7 ‘‘(4) Any other ministerial duty associated with 

8 grants under this section. 

9 ‘‘(g) MINIMIZING DUPLICATION OF EFFORT AND EX10 PENSES.—The Secretaries of Transportation, Labor, and 

11 Energy, the Administrator of the Federal Emergency 

12 Management Agency, the Director of the National Insti13 tute of Environmental Health Sciences, the Chairman of 

14 the Nuclear Regulatory Commission, and the Adminis15 trator of the Environmental Protection Agency shall re16 view periodically, with the head of each department, agen17 cy, or instrumentality of the Government, all emergency 

18 response and preparedness training programs of that de19 partment, agency, or instrumentality to minimize duplica20 tion of effort and expense of the department, agency, or 

21 instrumentality in carrying out the programs and shall 

22 take necessary action to minimize duplication. 

23 ‘‘(h) ANNUAL REGISTRATION FEE ACCOUNT AND ITS

24 USES.—The Secretary of the Treasury shall establish an 

25 account in the Treasury (to be known as the ‘Hazardous 


dlhill on DSK7TPTVN1PROD with BILLS
397 

•HR 4834 IH

1 Materials Emergency Preparedness Fund’) into which the 

2 Secretary of the Treasury shall deposit amounts the Sec3 retary of Transportation transfers to the Secretary of the 

4 Treasury under section 5108(g)(2)(C) of this title. With5 out further appropriation, amounts in the account are 

6 available— 

7 ‘‘(1) to make grants under this section; 

8 ‘‘(2) to monitor and provide technical assistance 

9 under subsection (e) of this section; 

10 ‘‘(3) to publish and distribute an emergency re11 sponse guide; and 

12 ‘‘(4) to pay administrative costs of carrying out 

13 this section and sections 5108(g)(2) and 5115 of 

14 this title, except that up to 4 percent of the amounts 

15 made available from the account in a fiscal year may 

16 be used to pay those costs. 

17 ‘‘(i) INSTRUCTOR TRAINING GRANTS FOR EMER18 GENCY RESPONDERS AND HAZARDOUS MATERIALS EM19 PLOYEES.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall make 

21 grants under this subsection— 

22 ‘‘(A) for training instructors to conduct 

23 hazardous materials response training programs 

24 for individuals with statutory responsibility to 


dlhill on DSK7TPTVN1PROD with BILLS
398 

•HR 4834 IH

1 respond to hazardous materials accidents and 

2 incidents; 

3 ‘‘(B) for training instructors to train 

4 hazmat employees; and 

5 ‘‘(C) to the extent determined appropriate 

6 by the Secretary, for such instructors to train 

7 hazmat employees. 

8 ‘‘(2) ELIGIBILITY FOR EMERGENCY RESPONDER

9 TRAINING GRANTS.—A grant under (1)(A) of this 

10 subsection shall be made through a competitive proc11 ess to a nonprofit organization that— 

12 ‘‘(A) demonstrates expertise in conducting 

13 a training program for hazmat emergency re14 sponders; 

15 ‘‘(B) has the ability to reach and involve in 

16 a training program a target population of 

17 hazmat emergency responders; 

18 ‘‘(C) agrees to use a course or courses de19 veloped or identified under section 5115 of this 

20 title or otherwise approved by the Secretary; 

21 ‘‘(D) provides training courses that comply 

22 with Federal regulations and national consensus 

23 standards for hazardous materials response and 

24 are offered on a nondiscriminatory basis; and 


dlhill on DSK7TPTVN1PROD with BILLS
399 

•HR 4834 IH

1 ‘‘(E) ensures that emergency responders 

2 who receive training under the grant will have 

3 the ability to protect nearby persons, property, 

4 and the environment from the effects of acci5 dents or incidents involving the transportation 

6 of hazardous material in accordance with exist7 ing regulations or National Fire Protection As8 sociation standards for competence of respond9 ers to accidents and incidents involving haz10 ardous materials. 

11 ‘‘(3) ELIGIBILITY FOR HAZARDOUS MATERIALS

12 EMPLOYEE TRAINING GRANTS.—A grant under 

13 (1)(B) and (1)(C) of this subsection shall be made 

14 on a competitive basis to a nonprofit organization 

15 that demonstrates expertise in providing training, 

16 research, technological development, or a similar 

17 service intended to enhance the capabilities of haz18 ardous materials employees. 

19 ‘‘(4) TRAINING OF CERTAIN EMPLOYEES.—The 

20 Secretary shall ensure that maintenance-of-way em21 ployees and railroad signalmen receive general 

22 awareness and familiarization training and safety 

23 training pursuant to section 172.704 of title 49, 

24 Code of Federal Regulations. 


dlhill on DSK7TPTVN1PROD with BILLS
400 

•HR 4834 IH

1 ‘‘(5) EXISTING EFFORT.—No grant under this 

2 subsection shall supplant or replace existing em3 ployer-provided hazardous materials training efforts 

4 or obligations. 

5 ‘‘(6) USE OF FUNDS.—Funds granted to an or6 ganization under this subsection shall only be 

7 used— 

8 ‘‘(A) to provide training, including portable 

9 training, for instructors to conduct hazardous 

10 materials and hazardous materials response 

11 training programs; 

12 ‘‘(B) to purchase training equipment used 

13 exclusively to train instructors to conduct such 

14 training programs; and 

15 ‘‘(C) to disseminate such information and 

16 materials as are necessary for the conduct of 

17 such training programs. 

18 ‘‘(7) PORTABLE TRAINING.—In this subsection, 

19 the term ‘portable training’ means live, instructor20 led training provided by certified instructors that 

21 can be offered in any suitable setting, rather than 

22 specific designated facilities. Under this training de23 livery model, instructors travel to locations conven24 ient to students and utilize local facilities and re25 sources. 


dlhill on DSK7TPTVN1PROD with BILLS
401 

•HR 4834 IH

1 ‘‘(8) TERMS AND CONDITIONS.—The Secretary 

2 may impose such additional terms and conditions on 

3 grants to be made under this subsection as the Sec4 retary determines are necessary to protect the inter5 ests of the United States and to carry out the objec6 tives of this subsection. 

7 ‘‘(j) REPORTS.—The Secretary shall make an annual 

8 report available to the public (in an electronically-acces9 sible format). The report submitted under this subsection 

10 shall include information on the allocation and uses of the 

11 planning and training grants allocated under subsection 

12 (a), and grants under subsection (i) of this section. The 

13 report submitted under this subsection shall identify the 

14 ultimate recipients of such grants and include— 

15 ‘‘(1) a detailed accounting and description of 

16 each grant expenditure by each grant recipient, in17 cluding the amount of, and purpose for, each ex18 penditure; 

19 ‘‘(2) the number of persons trained under the 

20 grant program, by training level; 

21 ‘‘(3) an evaluation of the efficacy of such plan22 ning and training programs; and 

23 ‘‘(4) any recommendations the Secretary may 

24 have for improving such grant programs.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
402 

•HR 4834 IH

1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 51 is amended by striking the item relating to 

3 section 5116 and inserting the following: 

‘‘5116. Planning and training grants, monitoring, and review’’. 

4 (c) TRAINING REQUIREMENTS.—Section 5107 is 

5 amended by— 

6 (1) striking ‘‘and grants’’ from the section 

7 heading; 

8 (2) deleting subsections (e), (f), and (h); and 

9 (3) redesignating subsection (g) as subsection 

10 (e). 

11 (d) CONFORMING AMENDMENT.—The analysis for 

12 chapter 51 is amended by striking the item relating to 

13 section 5107 and inserting the following: 

‘‘5107. HAZMAT employee training requirements.’’. 

14 SEC. 6011. CIVIL PENALTY. 

15 Section 5123 is amended— 

16 (1) in subsection (a)(1), by striking ‘‘$75,000’’ 

17 and inserting ‘‘$250,000’’; and 

18 (2) in subsection (a)(2), by striking ‘‘$175,000’’ 

19 and inserting ‘‘$500,000’’; 

20 SEC. 6012. GENERAL DUTY. 

21 Section 5103, as amended by this Act, is amended 

22 by— 

23 (1) redesignating subsections (d) and (e) as (e) 

24 and (f), respectively; and 


dlhill on DSK7TPTVN1PROD with BILLS
403 

•HR 4834 IH

1 (2) inserting the following after subsection (c): 

2 ‘‘(d) DUTY FOR SAFE TRANSPORTATION.—A person 

3 shall— 

4 ‘‘(1) take all reasonable measures and pre5 cautions to properly classify, describe, package, 

6 mark and label, and ensure proper condition for 

7 transportation of a hazardous material; and 

8 ‘‘(2) comply with this chapter, or a regulation 

9 prescribed, or an order, special permit or approval 

10 issued under this chapter.’’. 

11 SEC. 6013. AUTHORIZATION OF APPROPRIATIONS. 

12 The text of section 5128 is amended to read as fol13 lows: 

14 ‘‘(a) IN GENERAL.—There are authorized to be ap15 propriated to the Secretary to carry out this chapter (ex16 cept sections 5108(g)(2), 5113, 5115, 5116, and 5119 of 

17 this title), $52,000,000 for fiscal year 2015 and such sums 

18 as may be necessary for fiscal years 2016, 2017, and 

19 2018. 

20 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE21 PAREDNESS FUND.—From the Hazardous Materials 

22 Emergency Preparedness Fund established under section 

23 5116(h) of this title, the Secretary may expend, for each 

24 of fiscal years 2015 through 2018— 

25 ‘‘(1) $188,000 to carry out section 5115; 


dlhill on DSK7TPTVN1PROD with BILLS
404 

•HR 4834 IH

1 ‘‘(2) $21,800,000 to carry out subsection (a) of 

2 section 5116; 

3 ‘‘(3) $150,000 to carry out section 5116(e); 

4 ‘‘(4) $625,000 to publish and distribute the 

5 Emergency Response Guidebook under section 

6 5116(h)(3); and 

7 ‘‘(5) $5,000,000 to carry out section 5116(i). 

8 ‘‘(c) CREDITS TO APPROPRIATIONS.— 

9 ‘‘(1) EXPENSES.—In addition to amounts oth10 erwise made available to carry out this chapter, the 

11 Secretary may credit amounts received from a State, 

12 Indian tribe, or other public authority or private en13 tity for expenses the Secretary incurs in providing 

14 training to the State, authority, or entity. 

15 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

16 made available under this section shall remain avail17 able until expended.’’. 

18 SEC. 6014. ELIMINATION OF CERTAIN PHMSA REPORTING 

19 REQUIREMENTS. 

20 Section 6 of the Norman Y. Mineta Research and 

21 Special Programs Improvement Act (49 U.S.C. 108 note) 

22 is amended— 

23 (1) by striking subsection (b)(1); and 


dlhill on DSK7TPTVN1PROD with BILLS
405 

•HR 4834 IH

1 (2) by striking the heading for subsection (b) 

2 and redesignating subsection (b)(2) as subsection 

3 (b). 

4 TITLE VII—AMENDMENTS TO 

5 THE INTERNAL REVENUE CODE 

6 SEC. 7001. AMENDMENT OF 1986 CODE. 

7 Except as otherwise expressly provided, whenever in 

8 this title an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a 

11 section or other provision of the Internal Revenue Code 

12 of 1986. 

13 SEC. 7002. EXTENSION OF HIGHWAY-RELATED TAXES. 

14 (a) EXTENSION OF TAXES.— 

15 (1) IN GENERAL.—The following provisions are 

16 each amended by striking ‘‘2016’’ each place it ap17 pears and inserting ‘‘2020’’: 

18 (A) Section 4041(a)(1)(C)(iii)(I) (relating 

19 to rate of tax on certain buses). 

20 (B) Section 4041(m)(1) (relating to cer21 tain alcohol fuels). 

22 (C) Section 4051(c) (relating to termi23 nation of tax on heavy trucks and trailers). 

24 (D) Section 4071(d) (relating to termi25 nation of tax on tires). 


dlhill on DSK7TPTVN1PROD with BILLS
406 

•HR 4834 IH

1 (E) Section 4081(d)(1) (relating to termi2 nation of tax on gasoline, diesel fuel, and ker3 osene). 

4 (F) Section 4081(d)(3) (relating to the 

5 Leaking Underground Storage Tank Financing 

6 rate). 

7 (2) EXTENSION OF TAX, ETC., ON USE OF CER8 TAIN HEAVY VEHICLES.—The following provisions 

9 are each amended by striking ‘‘2017’’ each place it 

10 appears and inserting ‘‘2020’’: 

11 (A) Section 4481(f) (relating to period tax 

12 in effect). 

13 (B) Section 4482(c)(4) (relating to taxable 

14 period). 

15 (C) Section 4482(d) (relating to special 

16 rule for taxable period in which termination 

17 date occurs). 

18 (3) FLOOR STOCKS REFUNDS.—Section 

19 6412(a)(1) (relating to floor stocks refunds) is 

20 amended— 

21 (A) by striking ‘‘2016’’ each place it ap22 pears and inserting ‘‘2020’’; and 

23 (B) by striking ‘‘2017’’ each place it ap24 pears and inserting ‘‘2021’’. 

25 (b) EXTENSION OF CERTAIN EXEMPTIONS.— 


dlhill on DSK7TPTVN1PROD with BILLS
407 

•HR 4834 IH

1 (1) CERTAIN TAX-FREE SALES.—Section 

2 4221(a) (relating to certain tax-free sales) is amend3 ed by striking ‘‘2016’’ and inserting ‘‘2020’’. 

4 (2) TERMINATION OF EXEMPTIONS FOR HIGH5 WAY USE TAX.—Section 4483(i) (relating to termi6 nation of exemptions for highway use tax) is amend7 ed by striking ‘‘2017’’ and inserting ‘‘2021’’. 

8 SEC. 7003. EXTENSION OF PROVISIONS RELATED TO THE 

9 SPORT FISH RESTORATION AND BOATING 

10 TRUST FUND. 

11 (a) EXTENSION OF EXPENDITURES FROM THE

12 TRUST FUND.—Subparagraphs (A) through (C) of para13 graph (2) of section 9504(b) of such Code are amended 

14 to read as follows: 

15 ‘‘(A) to carry out the purposes of the Din16 gell-Johnson Sport Fish Restoration Act (as in 

17 effect on the date of the enactment of the 

18 GROW AMERICA Act), 

19 ‘‘(B) to carry out the purposes of section 

20 7404(d) of the Transportation Equity Act for 

21 the 21st Century (as in effect on the date of 

22 the enactment of the GROW AMERICA Act), 

23 and 

24 ‘‘(C) to carry out the purposes of the 

25 Coastal Wetlands Planning, Protection and 


dlhill on DSK7TPTVN1PROD with BILLS
408 

•HR 4834 IH

1 Restoration Act (as in effect on the date of the 

2 enactment of the GROW AMERICA Act).’’. 

3 (b) EXCEPTION TO LIMITATION ON TRANSFERS.— 

4 Paragraph (2) of section 9504(d) is amended by striking 

5 ‘‘October 1, 2014,’’ and inserting ‘‘October 1, 2018,’’. 

6 SEC. 7004. TRANSPORTATION TRUST FUND. 

7 (a) CREATION OF TRANSPORTATION TRUST FUND.— 

8 Section 9503 is amended to read as follows: 

9 ‘‘§ 9503. Transportation Trust Fund 

10 ‘‘(a) CREATION OF TRUST FUND.—There is estab11 lished in the Treasury of the United States a trust fund 

12 to be known as the ‘Transportation Trust Fund’, con13 sisting of such amounts as may be appropriated or cred14 ited to the Transportation Trust Fund as provided in this 

15 section or section 9602(b). The Transportation Trust 

16 Fund is a successor to the Highway Trust Fund estab17 lished under this section as in effect prior to the enact18 ment of the Transportation Jobs Act for the 21st Century. 

19 All references to the Mass Transit Account of the High20 way Trust Fund are deemed to be references to the Mass 

21 Transit Account of the Transportation Trust Fund under 

22 subsection (e). All references to the Highway Trust Fund 

23 (other than the Mass Transit Account) or to the Highway 

24 Account of the Highway Trust Fund are deemed to be 


dlhill on DSK7TPTVN1PROD with BILLS
409 

•HR 4834 IH

1 references to the Highway Account of the Transportation 

2 Trust Fund under subsection (f). 

3 ‘‘(b) APPROPRIATION TO THE TRANSPORTATION

4 TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN

5 TAXES AND PENALTIES.— 

6 ‘‘(1) CERTAIN TAXES.—There are hereby ap7 propriated to the Transportation Trust Fund 

8 amounts equivalent to the taxes received in the 

9 Treasury before October 1, 2020, under the fol10 lowing provisions— 

11 ‘‘(A) section 4041 (relating to taxes on die12 sel fuels and special motor fuels), 

13 ‘‘(B) section 4051 (relating to retail tax on 

14 heavy trucks and trailers), 

15 ‘‘(C) section 4071 (relating to tax on 

16 tires), 

17 ‘‘(D) section 4081 (relating to tax on gaso18 line, diesel fuel, and kerosene), and 

19 ‘‘(E) section 4481 (relating to tax on use 

20 of certain vehicles). 

21 For purposes of this paragraph, taxes received under 

22 sections 4041 and 4081 shall be determined without 

23 reduction for credits under section 6426. 

24 ‘‘(2) LIABILITIES INCURRED BEFORE OCTOBER

25 1, 2020.—There are hereby appropriated to the 


dlhill on DSK7TPTVN1PROD with BILLS
410 

•HR 4834 IH

1 Transportation Trust Fund amounts equivalent to 

2 the taxes which are received in the Treasury after 

3 September 30, 2020, and before July 1, 2021, and 

4 which are attributable to liability for tax incurred 

5 before October 1, 2020, under the provisions de6 scribed in paragraph (1). 

7 ‘‘(3) CERTAIN TAXES NOT TRANSFERRED TO

8 TRANSPORTATION TRUST FUND.—For purposes of 

9 paragraphs (1) and (2), there shall not be taken into 

10 account the taxes imposed by— 

11 ‘‘(A) section 4041(d), 

12 ‘‘(B) section 4081 to the extent attrib13 utable to the rate specified in section 

14 4081(a)(2)(B), 

15 ‘‘(C) section 4041 or 4081 to the extent 

16 attributable to fuel used in a train, or 

17 ‘‘(D) in the case of gasoline and special 

18 motor fuels used as described in paragraph 

19 (3)(D) or (4)(B) of subsection (c), section 4041 

20 or 4081 with respect to so much of the rate of 

21 tax as exceeds— 

22 ‘‘(i) 11.5 cents per gallon with respect 

23 to taxes imposed before October 1, 2001, 


dlhill on DSK7TPTVN1PROD with BILLS
411 

•HR 4834 IH

1 ‘‘(ii) 13 cents per gallon with respect 

2 to taxes imposed after September 30, 

3 2001, and before October 1, 2003, and 

4 ‘‘(iii) 13.5 cents per gallon with re5 spect to taxes imposed after September 30, 

6 2003, and before October 1, 2005. 

7 ‘‘(4) CERTAIN PENALTIES.—There are hereby 

8 appropriated to the Transportation Trust Fund 

9 amounts equivalent to the penalties paid under sec10 tions 6715, 6715A, 6717, 6718, 6719, 6720A, 6725, 

11 7232, and 7272 (but only with regard to penalties 

12 under each such section related to failure to register 

13 under section 4101). 

14 ‘‘(c) FLOOR STOCKS REFUNDS.—The Secretary shall 

15 pay from time to time from the Transportation Trust 

16 Fund into the general fund of the Treasury amounts 

17 equivalent to the floor stocks refunds made before July 

18 1, 2021, under section 6412(a). The amounts payable 

19 from the each account in the Transportation Trust Fund 

20 under the preceding sentence shall be determined by tak21 ing into account only the portion of the taxes which are 

22 deposited into the Transportation Trust Fund and into 

23 each account of such Fund. 

24 ‘‘(d) TRANSFERS FROM THE TRUST FUND FOR

25 TAXES ON CERTAIN USES OF FUEL.— 


dlhill on DSK7TPTVN1PROD with BILLS
412 

•HR 4834 IH

1 ‘‘(1) MOTORBOAT FUEL TAXES.— 

2 ‘‘(A) TRANSFER TO LAND AND WATER

3 CONSERVATION FUND.— 

4 ‘‘(i) IN GENERAL.—The Secretary 

5 shall pay from time to time from the 

6 Transportation Trust Fund into the land 

7 and water conservation fund provided for 

8 in title I of the Land and Water Conserva9 tion Fund Act of 1965 amounts (as deter10 mined by the Secretary) equivalent to the 

11 motorboat fuel taxes received on or after 

12 October 1, 2005, and before October 1, 

13 2020. 

14 ‘‘(ii) LIMITATION.—The aggregate 

15 amount transferred under this subpara16 graph during any fiscal year shall not ex17 ceed $1,000,000. 

18 ‘‘(2) EXCESS FUNDS TRANSFERRED TO SPORT

19 FISH RESTORATION AND BOATING TRUST FUND.— 

20 Any amounts in the Transportation Trust Fund— 

21 ‘‘(A) which are attributable to motorboat 

22 fuel taxes, and 

23 ‘‘(B) which are not transferred from the 

24 Transportation Trust Fund under paragraph 

25 (1)(A), 


dlhill on DSK7TPTVN1PROD with BILLS
413 

•HR 4834 IH

1 shall be transferred by the Secretary from the 

2 Transportation Trust Fund into the Sport Fish Res3 toration and Boating Trust Fund. 

4 ‘‘(3) MOTORBOAT FUEL TAXES.—For purposes 

5 of this paragraph, the term ‘motorboat fuel taxes’ 

6 means the taxes under section 4041(a)(2) with re7 spect to special motor fuels used as fuel in motor8 boats and under section 4081 with respect to gaso9 line used as fuel in motorboats, but only to the ex10 tent such taxes are deposited into the Transpor11 tation Trust Fund. 

12 ‘‘(4) DETERMINATION.—The amount of trans13 fers made under this paragraph after October 1, 

14 1986 shall be determined by the Secretary in accord15 ance with the methodology described in the Treasury 

16 Department’s Report to Congress of June 1986 enti17 tled ‘Gasoline Excise Tax Revenues Attributable to 

18 Fuel Used in Recreational Motorboats’. 

19 ‘‘(5) TRANSFERS FROM THE TRUST FUND FOR

20 SMALL-ENGINE FUEL TAXES.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 pay from time to time from the Transportation 

23 Trust Fund into the Sport Fish Restoration 

24 and Boating Trust Fund amounts (as deter25 mined by him) equivalent to the small-engine 


dlhill on DSK7TPTVN1PROD with BILLS
414 

•HR 4834 IH

1 fuel taxes received on or after December 1, 

2 1990, and before October 1, 2020. 

3 ‘‘(B) SMALL-ENGINE FUEL TAXES.—For 

4 purposes of this paragraph, the term ‘small-en5 gine fuel taxes’ means the taxes under section 

6 4081 with respect to gasoline used as a fuel in 

7 the nonbusiness use of small-engine outdoor 

8 power equipment, but only to the extent such 

9 taxes are deposited into the Transportation 

10 Trust Fund and into each account of such 

11 Fund. 

12 ‘‘(6) TRANSFERS FROM THE TRUST FUND FOR

13 CERTAIN AVIATION FUEL TAXES.—The Secretary 

14 shall pay at least monthly from the Transportation 

15 Trust Fund into the Airport and Airway Trust 

16 Fund amounts (as determined by the Secretary) 

17 equivalent to the taxes received on or after October 

18 1, 2005, and before October 1, 2020, under section 

19 4081 with respect to so much of the rate of tax as 

20 does not exceed. 

21 ‘‘(A) 4.3 cents per gallon of kerosene sub22 ject to section 6427(l)(4)(A) with respect to 

23 which a payment has been made by the Sec24 retary under section 6427(l), and 


dlhill on DSK7TPTVN1PROD with BILLS
415 

•HR 4834 IH

1 ‘‘(B) 21.8 cents per gallon of kerosene sub2 ject to section 6427(l)(4)(B) with respect to 

3 which a payment has been made by the Sec4 retary under section 6427(l). 

5 Transfers under the preceding sentence shall be 

6 made on the basis of estimates by the Secretary, and 

7 proper adjustments shall be made in the amounts 

8 subsequently transferred to the extent prior esti9 mates were in excess of or less than the amounts re10 quired to be transferred. Any amount allowed as a 

11 credit under section 34 by reason of paragraph (4) 

12 of section 6427(l) shall be treated for purposes of 

13 subparagraphs (A) and (B) as a payment made by 

14 the Secretary under such paragraph. 

15 ‘‘(e) ESTABLISHMENT OF MASS TRANSIT AC16 COUNT.— 

17 ‘‘(1) CREATION OF ACCOUNT.—There is estab18 lished in the Transportation Trust Fund a separate 

19 account to be known as the ‘Mass Transit Account’ 

20 consisting of such amounts as may be transferred or 

21 credited to the Mass Transit Account as provided in 

22 this section or section 9602(b). 

23 ‘‘(2) TRANSFERS TO MASS TRANSIT AC24 COUNT.—The Secretary of the Treasury shall trans25 fer to the Mass Transit Account— 


dlhill on DSK7TPTVN1PROD with BILLS
416 

•HR 4834 IH

1 ‘‘(A) the mass transit portion of the 

2 amounts appropriated to the Transportation 

3 Trust Fund under subsection (b) which are at4 tributable to taxes under sections 4041 and 

5 4081 imposed after March 31, 1983. For pur6 poses of the preceding sentence, the term ‘mass 

7 transit portion’ means, for any fuel with respect 

8 to which tax was imposed under section 4041 

9 or 4081 and otherwise deposited into the 

10 Transportation Trust Fund, the amount deter11 mined at the rate of— 

12 ‘‘(i) except as otherwise provided in 

13 this sentence, 2.86 cents per gallon, 

14 ‘‘(ii) 1.43 cents per gallon in the case 

15 of any partially exempt methanol or eth16 anol fuel (as defined in section 4041(m)) 

17 none of the alcohol in which consists of 

18 ethanol, 

19 ‘‘(iii) 1.86 cents per gallon in the case 

20 of liquefied natural gas, 

21 ‘‘(iv) 2.13 cents per gallon in the case 

22 of liquefied petroleum gas, 

23 ‘‘(v) 1.23 cents per energy equivalent 

24 of a gallon of gasoline in the case of com25 pressed natural gas, and 


dlhill on DSK7TPTVN1PROD with BILLS
417 

•HR 4834 IH

1 ‘‘(B) additional amounts appropriated to 

2 the Mass Transit Account by subsection 

3 (h)(1)(B). 

4 ‘‘(3) EXPENDITURES FROM ACCOUNT.— 

5 Amounts in the Mass Transit Account shall be avail6 able, as provided by appropriation Acts, for making 

7 capital or capital related expenditures (including 

8 capital expenditures for new projects) before October 

9 1, 2018, in accordance with the GROW AMERICA 

10 Act or any other provision of law which was referred 

11 to in this paragraph before the date of the enact12 ment of such Act (as such Act and provisions of law 

13 are in effect on the date of the enactment of such 

14 Act). 

15 ‘‘(4) LIMITATION ON TRANSFERS TO THE AC16 COUNT.— 

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

18 subparagraph (B), no amount may be trans19 ferred to the Mass Transit Account on and 

20 after the date of any expenditure from the Mass 

21 Transit Account which is not permitted by this 

22 subsection. The determination of whether an ex23 penditure is so permitted shall be made without 

24 regard to— 


dlhill on DSK7TPTVN1PROD with BILLS
418 

•HR 4834 IH

1 ‘‘(i) any provision of law which is not 

2 contained or referenced in this title or in 

3 a revenue Act, and 

4 ‘‘(ii) whether such provision of law is 

5 a subsequently enacted provision or di6 rectly or indirectly seeks to waive the ap7 plication of this paragraph. 

8 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA9 TIONS.—Subparagraph (A) shall not apply to 

10 any expenditure to liquidate any contract en11 tered into (or for any amount otherwise obli12 gated) before October 1, 2018, in accordance 

13 with the provisions of this section. 

14 ‘‘(f) ESTABLISHMENT OF HIGHWAY ACCOUNT.— 

15 ‘‘(1) CREATION OF ACCOUNT.—There is estab16 lished in the Transportation Trust Fund a separate 

17 account to be known as the ‘Highway Account’ con18 sisting of such amounts as may be transferred or 

19 credited to the Highway Account as provided in this 

20 section or section 9602(b). 

21 ‘‘(2) TRANSFERS TO THE HIGHWAY AC22 COUNT.—The Secretary of the Treasury shall trans23 fer to the Highway Account— 

24 ‘‘(A) the portion of the taxes appropriated 

25 to the Transportation Trust Fund by— 


dlhill on DSK7TPTVN1PROD with BILLS
419 

•HR 4834 IH

1 ‘‘(i) subparagraphs (B), (C), and (E) 

2 of subsection (b)(1), and 

3 ‘‘(ii) subparagraphs (A) and (D) of 

4 subsection (b)(1), but only to the extent 

5 that such taxes are not required to be 

6 transferred to the Mass Transit Account 

7 under subsection (e), 

8 ‘‘(B) additional amounts appropriated to 

9 the Highway Account by subsection (h)(1)(A); 

10 and 

11 ‘‘(C) fines and penalties appropriated to 

12 the Transportation Trust Fund by subsection 

13 (b)(4) and by section 521(b)(10) of title 49, 

14 United States Code. 

15 ‘‘(3) LIMITATION ON TRANSFERS TO THE AC16 COUNT.— 

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

18 subparagraph (B), no amount may be trans19 ferred to the Highway Account on and after the 

20 date of any expenditure from the Highway Ac21 count which is not permitted by this subsection. 

22 The determination of whether an expenditure is 

23 so permitted shall be made without regard to— 


dlhill on DSK7TPTVN1PROD with BILLS
420 

•HR 4834 IH

1 ‘‘(i) any provision of law which is not 

2 contained or referenced in this title or in 

3 a revenue Act, and 

4 ‘‘(ii) whether such provision of law is 

5 a subsequently enacted provision or di6 rectly or indirectly seeks to waive the ap7 plication of this paragraph. 

8 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA9 TIONS.—Subparagraph (A) shall not apply to 

10 any expenditure to liquidate any contract en11 tered into (or for any amount otherwise obli12 gated) before October 1, 2018, in accordance 

13 with the provisions of this section. 

14 ‘‘(4) EXPENDITURES FROM ACCOUNT.— 

15 Amounts in the Highway Account of the Transpor16 tation Trust Fund shall be available, as provided by 

17 appropriation acts, for making expenditures before 

18 October 1, 2018, to meet those obligations of the 

19 United States heretofore or hereafter incurred which 

20 are authorized to be paid out of the Highway Ac21 count under the GROW AMERICA Act or any other 

22 provision of law which was referred to in paragraph 

23 (c)(1) (as in effect on the day before enactment of 

24 such Act) before the date of the enactment of such 


dlhill on DSK7TPTVN1PROD with BILLS
421 

•HR 4834 IH

1 Act (as such Act and provisions of law are in effect 

2 on the date of the enactment of such Act). 

3 ‘‘(g) ESTABLISHMENT OF RAIL ACCOUNT.— 

4 ‘‘(1) CREATION OF ACCOUNT.—There is estab5 lished in the Transportation Trust Fund a separate 

6 account to be known as the ‘Rail Account’ consisting 

7 of such amounts as may be transferred or credited 

8 to the Rail Account as provided in this section or 

9 section 9602(b). 

10 ‘‘(2) TRANSFERS TO THE RAIL ACCOUNT.—The 

11 Secretary of the Treasury shall transfer to the Rail 

12 Account amounts appropriated to the Rail Account 

13 by subsection (h)(1)(C). 

14 ‘‘(3) LIMITATION ON TRANSFERS TO THE AC15 COUNT.— 

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

17 subparagraph (B), no amount may be trans18 ferred to the Rail Account on and after the date 

19 of any expenditure from the Rail Account which 

20 is not permitted by this subsection. The deter21 mination of whether an expenditure is so per22 mitted shall be made without regard to— 

23 ‘‘(i) any provision of law which is not 

24 contained or referenced in this title or in 

25 a revenue Act, and 


dlhill on DSK7TPTVN1PROD with BILLS
422 

•HR 4834 IH

1 ‘‘(ii) whether such provision of law is 

2 a subsequently enacted provision or di3 rectly or indirectly seeks to waive the ap4 plication of this paragraph. 

5 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA6 TIONS.—Subparagraph (A) shall not apply to 

7 any expenditure to liquidate any contract en8 tered into (or for any amount otherwise obli9 gated) before October 1, 2018, in accordance 

10 with the provisions of this section. 

11 ‘‘(4) EXPENDITURES FROM ACCOUNT.— 

12 Amounts in the Rail Account of the Transportation 

13 Trust Fund shall be available, as provided by appro14 priation acts, for making expenditures before Octo15 ber 1, 2018, to meet those obligations of the United 

16 States heretofore or hereafter incurred which are au17 thorized to be paid out of the Rail Account under 

18 the GROW AMERICA Act. 

19 ‘‘(h) ADDITIONAL APPROPRIATIONS.— 

20 ‘‘(1) ADDITIONAL APPROPRIATIONS TO TRUST

21 FUND.—Out of money in the Treasury not otherwise 

22 appropriated, there is hereby appropriated to— 

23 ‘‘(A) the Highway Account in the Trans24 portation Trust Fund— 


dlhill on DSK7TPTVN1PROD with BILLS
423 

•HR 4834 IH

1 ‘‘(i) for fiscal year 2015, 

2 $25,000,000,000, 

3 ‘‘(ii) for fiscal year 2016, 

4 $24,000,000,000, 

5 ‘‘(iii) for fiscal year 2017, 

6 $16,700,000,000, and 

7 ‘‘(iv) for fiscal year 2018, 

8 $8,700,000,000, and 

9 ‘‘(B) the Mass Transit Account in the 

10 Transportation Trust Fund— 

11 ‘‘(i) for fiscal year 2015, 

12 $9,000,000,000, 

13 ‘‘(ii) for fiscal year 2016, 

14 $10,000,000,000, 

15 ‘‘(iii) for fiscal year 2017, 

16 $10,000,000,000, and 

17 ‘‘(iv) for fiscal year 2018, 

18 $22,550,000,000, 

19 ‘‘(C) the Rail Account in the Transpor20 tation Trust Fund— 

21 ‘‘(i) for fiscal year 2015, 

22 $3,000,000,000, 

23 ‘‘(ii) for fiscal year 2016, 

24 $3,000,000,000, 


dlhill on DSK7TPTVN1PROD with BILLS
424 

•HR 4834 IH

1 ‘‘(iii) for fiscal year 2017, 

2 $8,000,000,000, and 

3 ‘‘(iv) for fiscal year 2018, 

4 $5,050,000,000; and 

5 ‘‘(D) the Multimodal Account in the 

6 Transportation Trust Fund— 

7 ‘‘(i) for fiscal year 2015, 

8 $500,000,000, 

9 ‘‘(ii) for fiscal year 2016, 

10 $500,000,000, 

11 ‘‘(iii) for fiscal year 2017, 

12 $2,800,000,000, and 

13 ‘‘(iv) for fiscal year 2018, 

14 $1,200,000,000. 

15 ‘‘(2) TREATMENT OF APPROPRIATED

16 AMOUNTS.—Any amount appropriated under this 

17 subsection shall remain available without fiscal year 

18 limitation. 

19 ‘‘(i) ADJUSTMENTS OF APPORTIONMENTS FOR HIGH20 WAY AND MASS TRANSIT ACCOUNT PROGRAMS.—The 

21 Secretary of the Treasury and where so indicated, the Sec22 retary of Transportation, shall take the following actions 

23 for the Highway Account and separately for the Mass 

24 Transit Account— 


dlhill on DSK7TPTVN1PROD with BILLS
425 

•HR 4834 IH

1 ‘‘(1) ESTIMATES OF UNFUNDED AUTHORIZA2 TIONS AND NET RECEIPTS FOR ACCOUNT.—The Sec3 retary of the Treasury, not less frequently than once 

4 in each calendar quarter, after consultation with the 

5 Secretary of Transportation, shall estimate for the 

6 Account— 

7 ‘‘(A) the amount which would (but for this 

8 subsection) be the unfunded authorizations at 

9 the close of the next fiscal year, and 

10 ‘‘(B) the net receipts for the 48-month pe11 riod beginning at the close of such fiscal year. 

12 ‘‘(2) PROCEDURE WHERE THERE ARE EXCESS

13 UNFUNDED AUTHORIZATIONS.—If the Secretary of 

14 the Treasury determines for any fiscal year that the 

15 amount described in paragraph (1)(A) for the Ac16 count exceeds the amount described in paragraph 

17 (1)(B) for such Account— 

18 ‘‘(A) the Secretary shall so advise the Sec19 retary of Transportation, and 

20 ‘‘(B) the Secretary shall further advise the 

21 Secretary of Transportation as to the amount 

22 of such excess. 

23 ‘‘(3) ADJUSTMENT OF APPORTIONMENTS

24 WHERE UNFUNDED AUTHORIZATIONS EXCEED 4

25 YEARS’ RECEIPTS.— 


dlhill on DSK7TPTVN1PROD with BILLS
426 

•HR 4834 IH

1 ‘‘(A) DETERMINATION OF PERCENTAGE.— 

2 If, before any apportionment to the States is 

3 made of funds authorized to be appropriated 

4 from the Account in the most recent estimate 

5 made by the Secretary of the Treasury there is 

6 an excess referred to in paragraph (2)(B) for 

7 the Account, the Secretary of Transportation 

8 shall determine the percentage which— 

9 ‘‘(i) the excess referred to in para10 graph (2)(B) for the Account, is of 

11 ‘‘(ii) the amount authorized to be ap12 propriated from that Account of the Trust 

13 Fund for the fiscal year for apportionment 

14 to the States. 

15 If, but for this sentence, the most recent esti16 mate would be one which was made on a date 

17 which will be more than 3 months before the 

18 date of the apportionment, the Secretary of the 

19 Treasury shall make a new estimate under 

20 paragraph (1) for the appropriate fiscal year. 

21 ‘‘(B) ADJUSTMENT OF APPORTION22 MENTS.—If the Secretary of Transportation de23 termines a percentage for the Account under 

24 subparagraph (A) for purposes of any appor25 tionment, notwithstanding any other provision 


dlhill on DSK7TPTVN1PROD with BILLS
427 

•HR 4834 IH

1 of law, the Secretary of Transportation shall 

2 apportion to the States (in lieu of the amount 

3 which, but for the provisions of this subsection, 

4 would be so apportioned) the amount obtained 

5 by reducing the amount authorized to be so ap6 portioned by such percentage. 

7 ‘‘(4) APPORTIONMENT OF AMOUNTS PRE8 VIOUSLY WITHHELD FROM APPORTIONMENT.—If, 

9 after funds have been withheld from apportionment 

10 under paragraph (3)(B), the Secretary of the Treas11 ury determines that the amount described in para12 graph (1)(A) does not exceed the amount described 

13 in paragraph (1)(B) or that the excess described in 

14 paragraph (1)(B) is less than the amount previously 

15 determined, he shall so advise the Secretary of 

16 Transportation. The Secretary of Transportation 

17 shall apportion to the States such portion of the 

18 funds so withheld from apportionment as the Sec19 retary of the Treasury has advised him may be so 

20 apportioned without causing the amount described in 

21 paragraph (1)(A) to exceed the amount described in 

22 paragraph (1)(B). Any funds apportioned pursuant 

23 to the preceding sentence shall remain available for 

24 the period for which they would be available if such 

25 apportionment took effect with the fiscal year in 


dlhill on DSK7TPTVN1PROD with BILLS
428 

•HR 4834 IH

1 which they are apportioned pursuant to the pre2 ceding sentence. 

3 ‘‘(5) DEFINITIONS.—For purposes of this sub4 section— 

5 ‘‘(A) UNFUNDED AUTHORIZATIONS.—The 

6 term ‘unfunded authorizations’ means, at any 

7 time, the excess (if any) of— 

8 ‘‘(i) the total potential unpaid com9 mitments at such time as a result of the 

10 apportionment to the States of the 

11 amounts authorized to be appropriated 

12 from the Account, over 

13 ‘‘(ii) the amount available in the that 

14 Account at such time to defray such com15 mitments (after all other unpaid commit16 ments at such time which are payable from 

17 that Account have been defrayed). 

18 ‘‘(B) NET RECEIPTS.—The term ‘net re19 ceipts’ means, with respect to any period, the 

20 excess of— 

21 ‘‘(i) the receipts (including interest) of 

22 the Account during such period, over 

23 ‘‘(ii) the amounts to be transferred 

24 during such period from such Account 

25 under subsection (d). 


dlhill on DSK7TPTVN1PROD with BILLS
429 

•HR 4834 IH

1 ‘‘(6) MEASUREMENT OF NET RECEIPTS.—For 

2 purposes of making any estimate under paragraph 

3 (1) of net receipts for periods ending after the date 

4 specified in subsection (b)(1), the Secretary of the 

5 Treasury shall treat— 

6 ‘‘(A) each expiring provision of subsection 

7 (b) which is related to appropriations or trans8 fers to the Highway Account or the Mass Tran9 sit Account of the Transportation Trust Fund 

10 to have been extended through the end of the 

11 48-month period referred to in paragraph 

12 (1)(B), and 

13 ‘‘(B) with respect to each tax imposed 

14 under the sections referred to in subsection 

15 (b)(1), the rate of such tax during the 48- 

16 month period referred to in paragraph (1)(B) 

17 to be the same as the rate of such tax as in ef18 fect on the date of such estimate. 

19 ‘‘(7) REPORTS.—Any estimate under paragraph 

20 (1) and any determination under paragraph (2) shall 

21 be reported by the Secretary of the Treasury to the 

22 Committee on Ways and Means of the House of 

23 Representatives, the Committee on Finance of the 

24 Senate, the Committees on the Budget of both 

25 Houses, the Committee on Transportation and InVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
430 

•HR 4834 IH

1 frastructure of the House of Representatives, and 

2 the Committee on Commerce, Science, and Trans3 portation, the Committee on Banking, and the Com4 mittee on Environment and Public Works of the 

5 Senate. 

6 ‘‘(j) ESTABLISHMENT OF MULTIMODAL ACCOUNT.— 

7 ‘‘(1) CREATION OF ACCOUNT.—There is estab8 lished in the Transportation Trust Fund a separate 

9 account to be known as the ‘Multimodal Account’ 

10 consisting of such amounts as may be transferred or 

11 credited to the Multimodal Account as provided in 

12 this section or section 9602(b). 

13 ‘‘(2) TRANSFERS TO THE MULTIMODAL AC14 COUNT.—The Secretary of the Treasury shall trans15 fer to the Multimodal Account amounts appropriated 

16 to the Multimodal Account by subsection (h)(1)(D). 

17 ‘‘(3) LIMITATION ON TRANSFERS TO THE AC18 COUNT.— 

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

20 subparagraph (B), no amount may be trans21 ferred to the Multimodal Account on and after 

22 the date of any expenditure from the 

23 Multimodal Account which is not permitted by 

24 this subsection. The determination of whether 


dlhill on DSK7TPTVN1PROD with BILLS
431 

•HR 4834 IH

1 an expenditure is so permitted shall be made 

2 without regard to— 

3 ‘‘(i) any provision of law which is not 

4 contained or referenced in this title or in 

5 a revenue Act, and 

6 ‘‘(ii) whether such provision of law is 

7 a subsequently enacted provision or di8 rectly or indirectly seeks to waive the ap9 plication of this paragraph. 

10 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA11 TIONS.—Subparagraph (A) shall not apply to 

12 any expenditure to liquidate any contract en13 tered into (or for any amount otherwise obli14 gated) before October 1, 2018, in accordance 

15 with the provisions of this section. 

16 ‘‘(4) EXPENDITURES FROM ACCOUNT.— 

17 Amounts in the Multimodal Account of the Trans18 portation Trust Fund shall be available, as provided 

19 by appropriation acts, for making expenditures be20 fore October 1, 2018, to meet those obligations of 

21 the United States heretofore or hereafter incurred 

22 which are authorized to be paid out of the 

23 Multimodal Account under the GROW AMERICA 

24 Act.’’. 

25 (b) CONFORMING AMENDMENTS.— 


dlhill on DSK7TPTVN1PROD with BILLS
432 

•HR 4834 IH

1 (1) The item relating to section 9503 in the 

2 analysis of chapter 98 of the Internal Revenue Code 

3 of 1986 is amended by striking ‘‘Highway’’ and in4 serting ‘‘Transportation’’. 

5 (2) Section 201(b) of the Land and Water Con6 servation Fund Act of 1965 (16 U.S.C. 460l-11(b) 

7 is amended— 

8 (A) by striking ‘‘2017’’ and inserting 

9 ‘‘2020’’, and 

10 (B) by striking ‘‘2016’’ each place it ap11 pears and inserting ‘‘2021’’. 

12 (3) Section 521(b)(10) of title 49, United 

13 States Code, is amended by striking ‘‘Highway 

14 Trust Fund (other than the Mass Transit Account)’’ 

15 and inserting ‘‘Highway Account of the Transpor16 tation Trust Fund’’. 

17 SEC. 7005. EFFECTIVE DATE. 

18 The amendments made by this title shall take effect 

19 on the date of the enactment of this Act. 

20 TITLE VIII—RESEARCH 

21 Subtitle A—Funding 

22 SEC. 8001. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) IN GENERAL.—The following amounts are au24 thorized to be appropriated out of the Highway Account 

25 of the Transportation Trust Fund: 


dlhill on DSK7TPTVN1PROD with BILLS
433 

•HR 4834 IH

1 (1) HIGHWAY RESEARCH AND DEVELOPMENT

2 PROGRAM.—To carry out section 503(b) of title 23, 

3 United States Code— 

4 (A) $130,000,000 for fiscal year 2015; 

5 (B) $132,594,234 for fiscal year 2016; 

6 (C) $135,188,470 for fiscal year 2017; and 

7 (D) $138,070,953 for fiscal year 2018. 

8 (2) TECHNOLOGY AND INNOVATION DEPLOY9 MENT PROGRAM.—To carry out section 503(c) of 

10 title 23, United States Code— 

11 (A) $70,000,000 for fiscal year 2015; 

12 (B) $71,396,896 for fiscal year 2016; 

13 (C) $72,793,792 for fiscal year 2017; and 

14 (D) $74,345,898 for fiscal year 2018. 

15 (3) TRAINING AND EDUCATION.—To carry out 

16 section 504 of title 23, United States Code— 

17 (A) $27,000,000 for fiscal year 2015; 

18 (B) $27,538,803 for fiscal year 2016; 

19 (C) $28,077,605 for fiscal year 2017; and 

20 (D) $28,676,275 for fiscal year 2018. 

21 (4) INTELLIGENT TRANSPORTATION SYSTEMS

22 PROGRAM.—To carry out sections 512 through 519 

23 of title 23, United States Code— 

24 (A) $113,000,000 for fiscal year 2015; 

25 (B) $115,254,989 for fiscal year 2016; 


dlhill on DSK7TPTVN1PROD with BILLS
434 

•HR 4834 IH

1 (C) $117,509,978 for fiscal year 2017; and 

2 (D) $120,015,521 for fiscal year 2018. 

3 (5) UNIVERSITY TRANSPORTATION CENTERS

4 PROGRAM.—To carry out section 5505 of title 49, 

5 United States Code— 

6 (A) $82,000,000 for fiscal year 2015; 

7 (B) $83,636,364 for fiscal year 2016; 

8 (C) $85,272,727 for fiscal year 2017; and 

9 (D) $87,090,909 for fiscal year 2018. 

10 (6) BUREAU OF TRANSPORTATION STATIS11 TICS.—To carry out chapter 63 of title 49, United 

12 States Code— 

13 (A) $29,000,000 for fiscal year 2015; 

14 (B) $29,578,714 for fiscal year 2016; 

15 (C) $30,157,428 for fiscal year 2017; and 

16 (D) $30,800,444 for fiscal year 2018. 

17 (b) APPLICABILITY OF TITLE 23, UNITED STATES

18 CODE.—Funds authorized to be appropriated by sub19 section (a) shall— 

20 (1) be available for obligation in the same man21 ner as if those funds were apportioned under chap22 ter 1 of title 23, United States Code, except that the 

23 Federal share of the cost of a project or activity car24 ried out using those funds shall be 80 percent, un25 less otherwise expressly provided by this Act (includVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
435 

•HR 4834 IH

1 ing the amendments by this Act) or otherwise deter2 mined by the Secretary; and 

3 (2) remain available until expended and not be 

4 transferable. 

5 Subtitle B—Research, Technology, 

6 and Education 

7 SEC. 8101. NATIONAL COOPERATIVE FREIGHT TRANSPOR8 TATION RESEARCH PROGRAM. 

9 (a) IN GENERAL.—Chapter 5 of title 23, United 

10 States Code, is amended by inserting the following at the 

11 end: 

12 ‘‘SEC. 550. NATIONAL COOPERATIVE FREIGHT TRANSPOR13 TATION RESEARCH PROGRAM. 

14 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab15 lish and support a National Cooperative Freight Trans16 portation Research Program. 

17 ‘‘(b) AGREEMENT.—The Secretary shall enter into an 

18 agreement with the Transportation Research Board of the 

19 National Research Council of the National Academies to 

20 support and carry out administrative and management ac21 tivities relating to the governance of the National Coopera22 tive Freight Transportation Research Program. 

23 ‘‘(c) ADVISORY COMMITTEE.—The National Acad24 emies shall select an advisory committee consisting of a 

25 representative cross section of freight stakeholders, includVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
436 

•HR 4834 IH

1 ing the Department of Transportation, other Federal 

2 agencies, State transportation departments, local govern3 ments, nonprofit entities, academia, private sector carriers 

4 and shippers, and other interested parties. 

5 ‘‘(d) GOVERNANCE.—The National Cooperative 

6 Freight Transportation Research Program established 

7 under this section shall include the following administra8 tive and management elements: 

9 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi10 sory committee, in consultation with interested par11 ties, shall recommend a national research agenda for 

12 the program. The agenda shall— 

13 ‘‘(A) include an emphasis on the safe and 

14 efficient transportation and handling of haz15 ardous materials by all modes of transportation; 

16 ‘‘(B) include a multiyear strategic plan; 

17 ‘‘(C) be fully coordinated with the activi18 ties, plans, and reports required by sections 

19 5304 and 5305 of title 49; and 

20 ‘‘(D) be fully coordinated with the activi21 ties, plans, and reports required by section 508 

22 of title 23, United States Code. 

23 ‘‘(2) INVOLVEMENT.—Interested parties may— 

24 ‘‘(A) submit research proposals to the advi25 sory committee; 


dlhill on DSK7TPTVN1PROD with BILLS
437 

•HR 4834 IH

1 ‘‘(B) participate in merit reviews of re2 search proposals and peer reviews of research 

3 products; and 

4 ‘‘(C) receive research results. 

5 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

6 RESEARCH PROPOSALS.—The National Academies 

7 may award research contracts and grants under the 

8 program through open competition and merit review 

9 conducted on a regular basis. 

10 ‘‘(4) RESEARCH COORDINATION.—The National 

11 Academies shall ensure that research contracts and 

12 grants awarded under this section are not duplica13 tive with research conducted under other cooperative 

14 transportation research programs governed by the 

15 National Academies; nor with research conducted by 

16 the Department of Transportation or any other Fed17 eral, State, or local agency. 

18 ‘‘(5) EVALUATION OF RESEARCH.— 

19 ‘‘(A) PEER REVIEW.—Research contracts 

20 and grants under the program may allow peer 

21 review of the research results. 

22 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

23 National Academies may conduct periodic pro24 grammatic evaluations on a regular basis of re25 search contracts and grants. 


dlhill on DSK7TPTVN1PROD with BILLS
438 

•HR 4834 IH

1 ‘‘(6) DISSEMINATION OF RESEARCH FIND2 INGS.—The National Academies shall disseminate 

3 research findings to researchers, practitioners, and 

4 decisionmakers, through conferences and seminars, 

5 field demonstrations, workshops, training programs, 

6 presentations, testimony to government officials, the 

7 World Wide Web, publications for the general public, 

8 collaboration with the National Transportation Li9 brary, and other appropriate means. 

10 ‘‘(e) CONTENTS.—The national research agenda re11 quired under subsection (d)(1) shall at a minimum include 

12 research in the following areas: 

13 ‘‘(1) Techniques for estimating and quantifying 

14 public benefits derived from freight transportation 

15 projects. 

16 ‘‘(2) Alternative approaches to calculating the 

17 contribution of truck and rail traffic to congestion 

18 on specific highway segments. 

19 ‘‘(3) The feasibility of consolidating origins and 

20 destinations for freight movement. 

21 ‘‘(4) Methods for incorporating estimates of do22 mestic and international trade into landside trans23 portation planning. 

24 ‘‘(5) Means of synchronizing infrastructure im25 provements with freight transportation demand. 


dlhill on DSK7TPTVN1PROD with BILLS
439 

•HR 4834 IH

1 ‘‘(6) The effect of changing patterns of freight 

2 movement on transportation planning decisions. 

3 ‘‘(7) Other research areas to identify and ad4 dress emerging and future research needs related to 

5 freight transportation by all modes. 

6 ‘‘(f) FUNDING.— 

7 ‘‘(1) FEDERAL SHARE.—The Federal share of 

8 the cost of an activity carried out under this section 

9 shall be up to 100 percent. 

10 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi11 tion to using funds authorized for this section, the 

12 National Academies may seek and accept additional 

13 funding sources from public and private entities ca14 pable of accepting funding from the Department of 

15 Transportation, States, local governments, nonprofit 

16 foundations, and the private sector.’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Secretary of 

19 Transportation such sums as may be necessary to carry 

20 out section 550 of such title. 

21 (c) CONFORMING AMENDMENT.—The analysis for 

22 chapter 501 of title 23, United States Code, is amended 

23 by adding the following at the end: 

‘‘550. National cooperative freight transportation research program.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
440 

•HR 4834 IH

1 SEC. 8102. COMPETITIVE UNIVERSITY TRANSPORTATION 

2 CENTERS CONSORTIA PROGRAM. 

3 (a) IN GENERAL.—Section 5505 of title 49, United 

4 States Code, is amended as follows: 

5 (1) Subsection (a)(2)(A) is amended to read: 

6 ‘‘(A) to advance multimodal and cross7 modal transportation expertise and technology 

8 in the varied disciplines that comprise the field 

9 of transportation through education, research, 

10 and technology transfer activities;’’. 

11 (2) Subsection (a)(2)(C) of title 49 is amended 

12 to read: 

13 ‘‘(C) to address critical workforce needs 

14 and educate the next generation of transpor15 tation leaders in a multidisciplinary fashion.’’. 

16 (3) Subsection (b) is amended to read as fol17 lows: 

18 ‘‘(b) COMPETITIVE SELECTION PROCESS.— 

19 ‘‘(1) APPLICATIONS.—To receive a grant under 

20 this section, a consortium of nonprofit institutions of 

21 higher education shall submit to the Secretary an 

22 application that is in such form and contains such 

23 information as the Secretary may require. 

24 ‘‘(2) RESTRICTION.—The lead institution of a 

25 consortium of nonprofit institutions of higher edu26 cation that receives a direct grant award under this 


dlhill on DSK7TPTVN1PROD with BILLS
441 

•HR 4834 IH

1 section for a national transportation center or a re2 gional transportation center in a fiscal year shall not 

3 be eligible to receive funding, direct or indirectly, 

4 from an additional grant in that fiscal year as the 

5 lead institution or member of a consortium, for a 

6 national transportation center or a regional trans7 portation center. 

8 ‘‘(3) COORDINATION.—The Secretary shall so9 licit grant applications for national transportation 

10 centers, regional transportation centers, and Tier 1 

11 university transportation centers with identical ad12 vertisement schedules and deadlines. 

13 ‘‘(4) GENERAL SELECTION CRITERIA.— 

14 ‘‘(A) IN GENERAL.—Except as otherwise 

15 provided by this section, the Secretary shall 

16 award grants under this section in nonexclusive 

17 candidate topic areas established by the Sec18 retary that address the research priorities iden19 tified in the plans developed under section 508 

20 of title 23. 

21 ‘‘(B) CRITERIA.—The Secretary, in con22 sultation with the Assistant Secretary for Re23 search and Technology and the Administrators 

24 of the Federal Highway Administration and 

25 Federal Railroad Administration, shall select 


dlhill on DSK7TPTVN1PROD with BILLS
442 

•HR 4834 IH

1 each recipient of a grant under this section 

2 through a competitive process based on the as3 sessment of the Secretary relating to— 

4 ‘‘(i) the demonstrated ability of the 

5 recipient to address each specific topic area 

6 described in the research and strategic 

7 plans of the recipient; 

8 ‘‘(ii) the demonstrated research, tech9 nology transfer, and education resources 

10 available to the recipient to carry out this 

11 section; 

12 ‘‘(iii) the ability of the recipient to 

13 provide leadership in solving immediate 

14 and long-range national and regional 

15 transportation problems; 

16 ‘‘(iv) the ability of the recipient to 

17 carry out research, education, and tech18 nology transfer activities that are 

19 multimodal and multidisciplinary in scope; 

20 ‘‘(v) the demonstrated commitment of 

21 the recipient to carry out transportation 

22 workforce development programs 

23 through— 


dlhill on DSK7TPTVN1PROD with BILLS
443 

•HR 4834 IH

1 ‘‘(I) degree-granting programs or 

2 programs that provide other industry3 recognized credentials; and 

4 ‘‘(II) outreach activities to at5 tract new entrants into the transpor6 tation field, including minorities, 

7 women, individuals with disabilities, 

8 veterans, low-income populations, and 

9 others who may not have considered 

10 pursuing careers in transportation 

11 previously; 

12 ‘‘(vi) the demonstrated ability of the 

13 recipient to disseminate results and spur 

14 the implementation of transportation re15 search and education programs through 

16 national or statewide continuing education 

17 programs; 

18 ‘‘(vii) the demonstrated commitment 

19 of the recipient to the use of peer review 

20 principles and other research best practices 

21 in the selection, management, and dissemi22 nation of research projects; 

23 ‘‘(viii) the strategic plan submitted by 

24 the recipient describing the proposed re25 search to be carried out by the recipient 


dlhill on DSK7TPTVN1PROD with BILLS
444 

•HR 4834 IH

1 and the performance metrics to be used in 

2 assessing the performance of the recipient 

3 in meeting the stated research, technology 

4 transfer, education, and outreach goals; 

5 and 

6 ‘‘(ix) the ability of the recipient to im7 plement the proposed program in a cost-ef8 ficient manner, such as through cost shar9 ing and overall reduced overhead, facilities, 

10 and administrative costs. 

11 ‘‘(5) TRANSPARENCY.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 provide to each applicant, upon request, any 

14 materials, including copies of reviews (with any 

15 information that would identify a reviewer re16 dacted), used in the evaluation process of the 

17 proposal of the applicant. 

18 ‘‘(B) REPORTS.—The Secretary shall make 

19 available to the public on a Department of 

20 Transportation Web site a report describing the 

21 overall review process under øparagraph (3)¿ 

22 that includes— 

23 ‘‘(i) specific criteria of evaluation used 

24 in the review; 


dlhill on DSK7TPTVN1PROD with BILLS
445 

•HR 4834 IH

1 ‘‘(ii) descriptions of the review proc2 ess; and 

3 ‘‘(iii) explanations of the selected 

4 awards. 

5 ‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary 

6 shall, to the maximum extent practicable, consult ex7 ternal stakeholders such as the Transportation Re8 search Board of the National Research Council of 

9 the National Academies to evaluate and competi10 tively review all proposals.’’. 

11 (4) Subsection (c) is amended to read as fol12 lows: 

13 ‘‘(c) GRANTS.— 

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

15 the date of enactment of the GROW AMERICA Act, 

16 the Secretary, in consultation with the Assistant 

17 Secretary for Research and Technology and the Ad18 ministrators of the Federal Highway Administration 

19 and Federal Railroad Administration, shall select 

20 grant recipients under subsection (b) and make 

21 grant amounts available to the selected recipients. 

22 ‘‘(2) FOCUSED RESEARCH.—In awarding grants 

23 under this paragraph, consideration shall be given to 

24 minority institutions, as defined by section 365 of 

25 the Higher Education Act of 1965 (20 U.S.C. 


dlhill on DSK7TPTVN1PROD with BILLS
446 

•HR 4834 IH

1 1067k), or consortia that include such institutions 

2 that have demonstrated an ability in transportation3 related research and education. 

4 ‘‘(3) NATIONAL TRANSPORTATION CENTERS.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), the Secretary shall provide grants to 

7 5 consortia that the Secretary determines best 

8 meet the criteria described in subsection (b)(4). 

9 ‘‘(B) RESTRICTION.—For each fiscal year, 

10 a grant made available under this paragraph 

11 shall be $3,200,000 per recipient. 

12 ‘‘(C) MATCHING REQUIREMENT.— 

13 ‘‘(i) IN GENERAL.—As a condition of 

14 receiving a grant under this paragraph, a 

15 grant recipient shall match 100 percent of 

16 the amounts made available under the 

17 grant. 

18 ‘‘(ii) SOURCES.—The matching 

19 amounts referred to in clause (i) may in20 clude— 

21 ‘‘(I) amounts made available to 

22 the recipient under title I of this Act; 

23 ‘‘(II) amounts made available to 

24 the recipient by the several adminisVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
447 

•HR 4834 IH

1 trations of the Department of Trans2 portation; and 

3 ‘‘(III) amounts made available to 

4 the recipient by other Federal depart5 ments, agencies, independent agencies, 

6 boards, and other Federal elements 

7 with interests in transportation. 

8 ‘‘(4) REGIONAL UNIVERSITY TRANSPORTATION

9 CENTERS.— 

10 ‘‘(A) LOCATION OF REGIONAL CENTERS.— 

11 One regional university transportation center 

12 shall be located in each of the 10 Federal re13 gions that comprise the Standard Federal Re14 gions established by the Office of Management 

15 and Budget in the document entitled ‘Standard 

16 Federal Regions’ and dated April 1974 (cir17 cular A–105). 

18 ‘‘(B) SELECTION CRITERIA.—In con19 ducting a competition under subsection (b), the 

20 Secretary shall provide grants to 10 consortia 

21 on the basis of— 

22 ‘‘(i) the criteria described in øsub23 section (b)(3)¿; 

24 ‘‘(ii) the location of the center within 

25 the Federal region to be served; and 


dlhill on DSK7TPTVN1PROD with BILLS
448 

•HR 4834 IH

1 ‘‘(iii) whether the consortium of insti2 tutions demonstrates that the consortium 

3 has well-established, nationally recognized 

4 multimodal and multidisciplinary programs 

5 in transportation research and education, 

6 as evidenced by— 

7 ‘‘(I) recent expenditures by the 

8 institution in surface transportation 

9 research; 

10 ‘‘(II) a historical track record of 

11 awarding graduate degrees in profes12 sional fields closely related to surface 

13 transportation; and 

14 ‘‘(III) an experienced faculty who 

15 specialize in professional fields closely 

16 related to surface transportation. 

17 ‘‘(C) RESTRICTIONS.—For each fiscal 

18 year, a grant made available under this para19 graph shall be $3,000,000 for each recipient. 

20 ‘‘(D) MATCHING REQUIREMENT.— 

21 ‘‘(i) IN GENERAL.—As a condition of 

22 receiving a grant under this paragraph, a 

23 grant recipient shall match 100 percent of 

24 the amounts made available under the 

25 grant. 


dlhill on DSK7TPTVN1PROD with BILLS
449 

•HR 4834 IH

1 ‘‘(ii) SOURCES.—The matching 

2 amounts referred to in clause (i) may in3 clude— 

4 ‘‘(I) amounts made available to 

5 the recipient under title I of this Act; 

6 ‘‘(II) amounts made available to 

7 the recipient by the several adminis8 trations of the Department of Trans9 portation; and 

10 ‘‘(III) amounts made available to 

11 the recipient by other Federal depart12 ments, agencies, independent agencies, 

13 boards, and other elements with inter14 ests in transportation. 

15 ‘‘(5) TIER 1 UNIVERSITY TRANSPORTATION

16 CENTERS.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 provide grants of $1,800,000 each to not more 

19 than 20 recipients to carry out this paragraph. 

20 ‘‘(B) RESTRICTION.—The lead institution 

21 of a consortium of nonprofit institutions of 

22 higher education that receives a direct grant 

23 award under paragraph (3) or (4) shall not be 

24 eligible to receive a direct grant award under 

25 this paragraph. 


dlhill on DSK7TPTVN1PROD with BILLS
450 

•HR 4834 IH

1 ‘‘(C) MATCHING REQUIREMENT.— 

2 ‘‘(i) IN GENERAL.—Subject to øclause 

3 (iii)¿, as a condition of receiving a grant 

4 under this paragraph, a grant recipient 

5 shall match 50 percent of the amounts 

6 made available under the grant. 

7 ‘‘(ii) SOURCES.—The matching 

8 amounts referred to in clause (i) may in9 clude— 

10 ‘‘(I) amounts made available to 

11 the recipient under title I of this Act; 

12 ‘‘(II) amounts made available to 

13 the recipient by the several adminis14 trations of the Department of Trans15 portation; and 

16 ‘‘(III) amounts made available to 

17 the recipient by other Federal depart18 ments, agencies, independent agencies, 

19 boards and other elements with inter20 ests in transportation.’’. 

21 (b) RESEARCH EFFICIENCY.—Section 5505 of title 

22 49, United States Code, is further amended by inserting 

23 after subsection (f) the following: 

24 ‘‘(g) RESEARCH EFFICIENCY.— 


dlhill on DSK7TPTVN1PROD with BILLS
451 

•HR 4834 IH

1 ‘‘(1) ADDITIONAL SPONSORED GRANTS.—To en2 able access more broadly to the specialized skills and 

3 multidisciplinary research capabilities of the trans4 portation university research community by the sev5 eral administrations of the Department of Transpor6 tation, and by other Federal departments, agencies, 

7 independent agencies, boards, and other elements 

8 with interests in transportation, these organizations 

9 may sponsor competitive grants to consortia on spe10 cific research topics. 

11 ‘‘(2) GRANTS.— 

12 ‘‘(A) The grants shall conform to the selec13 tion criteria and requirements of either national 

14 transportation centers or Tier 1 university 

15 transportation centers; and be of an equivalent 

16 grant value of the type of Center selected. 

17 ‘‘(B) The grants shall conform to all other 

18 requirements and restrictions under this sec19 tion. 

20 ‘‘(C) The grants shall be competed, se21 lected, and awarded on the same schedule as all 

22 grants competed under this section. 

23 ‘‘(3) MATCHING REQUIREMENT.—Such grants 

24 shall require identical matching requirements of the 

25 type of center selected; except that sources of matchVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
452 

•HR 4834 IH

1 ing funds may not be the same funding source as 

2 the Federal entity funding the specialized grant.’’. 

3 SEC. 8103. PRIORITY MULTIMODAL RESEARCH PROGRAM. 

4 (a) IN GENERAL.—Section 5506 of title 49, United 

5 States Code, is amended to read as follows: 

6 ‘‘SEC. 5506. PRIORITY MULTIMODAL RESEARCH PROGRAM. 

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab8 lish and support a Priority Multimodal Research Program. 

9 ‘‘(b) FOCUSED RESEARCH.—The Secretary shall 

10 enter into research agreements to carry out priority 

11 multimodal research in the following topics: 

12 ‘‘(1) Conduct research and standards/guideline 

13 development for surface transportation infrastruc14 ture owners and services providers on systems resil15 ience and recovery. 

16 ‘‘(2) Enable advanced research towards a Zero 

17 Emissions Transportation System, to— 

18 ‘‘(A) accelerate the goal of 80 percent 

19 greenhouse gas emission reduction by 2050, to 

20 a goal of 100 percent greenhouse gas emission 

21 reduction by the same date; and 

22 ‘‘(B) conduct advanced or long-term re23 search on emissions in the transportation sec24 tor, both in vehicle emissions and in infrastruc25 ture construction and maintenance. 


dlhill on DSK7TPTVN1PROD with BILLS
453 

•HR 4834 IH

1 ‘‘(3) Conduct a coordinated, multimodal STEM 

2 Education and Workforce Development program to 

3 support the transportation sector’s needs over the 

4 next decade for a new workforce trained in the latest 

5 technologies. 

6 ‘‘(c) FUNDING.— 

7 ‘‘(1) FEDERAL SHARE.—The Federal share of 

8 the cost of an activity carried out under this section 

9 shall be up to 100 percent. 

10 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi11 tion to using funds authorized for this section, the 

12 Secretary may seek and accept additional funding 

13 sources from public and private entities capable of 

14 accepting funding from the Department of Trans15 portation, States, local governments, nonprofit foun16 dations, and the private sector. 

17 ‘‘(3) PERIOD OF AVAILABILITY.—Amounts 

18 made available to carry out this section shall remain 

19 available until expended.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Secretary of 

22 Transportation such sums as may be necessary to carry 

23 out section 5506 of title 49, United States Code. 


dlhill on DSK7TPTVN1PROD with BILLS
454 

•HR 4834 IH

1 (c) CONFORMING AMENDMENT.—The analysis for 

2 chapter 55 of title 49, United States Code, is amended 

3 by inserting the following at the end: 

‘‘5506. Priority Multimodal Research Program.’’. 

4 SEC. 8104. BUREAU OF TRANSPORTATION STATISTICS. 

5 (a) SECTION 6302 AMENDMENTS.—Section 6302 of 

6 title 49, United States Code, is amended as follows: 

7 (1) Subsection 6302(b)(3)(B)(vi)(III) of title 

8 49, United States Code, is amended by striking 

9 ‘‘section 6310’’ and inserting ‘‘section 6309’’. 

10 (2) Clauses (vii), (viii), (ix), and (x) of sub11 section 6302(b)(3)(B) of title 49, United States 

12 Code, are redesignated as clauses (viii), (ix), (x), and 

13 (xi), respectively. 

14 (3) The following is inserted after subsection 

15 6302(b)(3)(B)(vi): 

16 ‘‘(vii) develop and improve transpor17 tation economic accounts, to meet demand 

18 for methods for estimating the economic 

19 value of transportation infrastructure, in20 vestment, and services;’’. 

21 (b) INTERMODAL TRANSPORTATION DATA PRO22 GRAM.—Section 6303 of title 49, United States Code, is 

23 amended by adding after subsection (c) the following: 

24 ‘‘(d) INTERMODAL TRANSPORTATION DATA COLLEC25 TION.—To provide content for the database described in 


dlhill on DSK7TPTVN1PROD with BILLS
455 

•HR 4834 IH

1 this section, the Director shall create and maintain 

2 datasets and data analysis tools. Activities may include— 

3 ‘‘(1) conducting national surveys of goods 

4 movement, intercity passenger flows, household and 

5 business logistics, the domestic transportation of 

6 international trade, and vehicle inventory and use; 

7 ‘‘(2) collecting household travel behavior data 

8 and business logistics data crossing local jurisdic9 tional boundaries to accommodate external and 

10 through travel; 

11 ‘‘(3) collecting and analyzing administrative 

12 records to identify travel patterns, goods movement, 

13 and the economic value of transportation infrastruc14 ture serving travel and freight; 

15 ‘‘(4) developing methods for establishing the 

16 economic value of transportation capital stocks and 

17 services; 

18 ‘‘(5) enhancing and deploying analysis tools to 

19 integrate data collected under this section into the 

20 National Commodity Origin Destination Accounts, 

21 National Passenger Travel Origin Destination Ac22 counts, and Transportation Economic Accounts of 

23 the Intermodal Transportation Database; and 

24 ‘‘(6) developing tools to enhance public access 

25 to the Intermodal Transportation Database in conVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
456 

•HR 4834 IH

1 junction with development, application, and report2 ing of performance measures.’’. 

3 (c) NATIONAL TRANSPORTATION ATLAS DATA4 BASE.—Section 6311(5) of title 49, United States Code, 

5 is amended by replacing ‘‘section 6310’’ with ‘‘section 

6 6309’’. 

7 (d) INTERMODAL TRANSPORTATION DATA PRO8 GRAM.—Section 6303(c)(1) is amended to read as follows: 

9 ‘‘(1) information on the items referred to in 

10 subsection 6302(b)(3)(B)(vi).’’. 

11 (e) MANDATORY RESPONSE AUTHORITY FOR

12 FREIGHT DATA COLLECTION.—Section 6313(a) of title 

13 49, United States Code, is amended by— 

14 (1) striking paragraph (2); 

15 (2) striking the designation and heading of 

16 paragraph (1); 

17 (3) redesignating subparagraphs (A) and (B) as 

18 paragraphs (1) and (2), respectively; and 

19 (4) striking ‘‘described in paragraph (2)’’ and 

20 inserting ‘‘of any nature whatsoever’’. 

21 (f) NATIONAL TRANSPORTATION LIBRARY.—Section 

22 6304 of title 49, United States Code, is amended to read 

23 as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
457 

•HR 4834 IH

1 ‘‘SEC. 6304. NATIONAL TRANSPORTATION LIBRARY. 

2 ‘‘(a) PURPOSE AND ESTABLISHMENT.—To support 

3 the information management and decisionmaking needs of 

4 transportation officials at the Federal, State, and local lev5 els, there shall be in the Bureau a National Transpor6 tation Library, which shall— 

7 ‘‘(1) be headed by an individual who is highly 

8 qualified in library and information science; 

9 ‘‘(2) acquire, preserve, and manage transpor10 tation information and information products and 

11 services for use by the Department, other Federal 

12 agencies, and the general public; 

13 ‘‘(3) provide reference and research assistance; 

14 ‘‘(4) serve as a central depository for research 

15 results and technical publications of the Depart16 ment; 

17 ‘‘(5) provide a central clearinghouse for trans18 portation data and information of the Federal Gov19 ernment; 

20 ‘‘(6) plan for, coordinate, and evaluate informa21 tion sciences and library needs related to transpor22 tation research, education, and training; 

23 ‘‘(7) serve as coordinator and policy lead for 

24 transportation information access; 

25 ‘‘(8) provide transportation information and in26 formation products and services to— 


dlhill on DSK7TPTVN1PROD with BILLS
458 

•HR 4834 IH

1 ‘‘(A) the Department; 

2 ‘‘(B) other Federal agencies; 

3 ‘‘(C) public and private organizations; and 

4 ‘‘(D) individuals, within the United States 

5 and internationally; 

6 ‘‘(9) coordinate efforts among, and cooperate 

7 with, transportation libraries, information providers, 

8 and technical assistance centers, in conjunction with 

9 private industry and other transportation library and 

10 information centers, with the goal of developing a 

11 comprehensive transportation information and 

12 knowledge network that supports the activities de13 scribed in section 6302(b)(3)(B)(vi); and 

14 ‘‘(10) engage in other activities the Director de15 termines to be necessary and as the resources of the 

16 Library permit. 

17 ‘‘(b) ACCESS.— 

18 ‘‘(1) IN GENERAL.—The Director shall pub19 licize, facilitate, and promote access to the informa20 tion products and services described in subsection 

21 (a), to improve the ability of the transportation com22 munity to share information and the ability of the 

23 Director to make statistics and other information 

24 readily accessible as required under section 

25 6302(b)(3)(B)(x) of this title. 


dlhill on DSK7TPTVN1PROD with BILLS
459 

•HR 4834 IH

1 ‘‘(2) AVAILABILITY OF PUBLICATIONS, MATE2 RIALS, FACILITIES, OR SERVICES; PRESCRIPTION OF

3 RULES.—The Director shall— 

4 ‘‘(A) make available publications or mate5 rials according to library and information 

6 science best practices; 

7 ‘‘(B) make available its facilities for re8 search; and 

9 ‘‘(C) make available its bibliographic, basic 

10 reference, or other services to public and private 

11 entities and individuals. 

12 ‘‘(3) RULES.—Rules described in section 

13 6304(b)(1) of this title may provide for making 

14 available such publications, materials, facilities, or 

15 services— 

16 ‘‘(A) without charge as a public service; 

17 ‘‘(B) upon a loan, exchange, or charge 

18 basis; or 

19 ‘‘(C) in appropriate circumstances, under 

20 contract arrangements made with øa/?¿ public 

21 or other nonprofit entity. 

22 ‘‘(c) AGREEMENTS.— 

23 ‘‘(1) IN GENERAL.—To carry out this section, 

24 the Director may enter into agreements with, award 

25 grants to, and receive amounts from, any— 


dlhill on DSK7TPTVN1PROD with BILLS
460 

•HR 4834 IH

1 ‘‘(A) State or local government; 

2 ‘‘(B) organization; 

3 ‘‘(C) business; or 

4 ‘‘(D) individual. 

5 ‘‘(2) CONTRACTS, GRANTS, AND AGREE6 MENTS.—The Library may initiate and support spe7 cific information and data management, access, and 

8 exchange activities in connection with matters relat9 ing to the Department’s strategic goals, knowledge 

10 networking, and national and international coopera11 tion, by entering into contracts or other agreements 

12 or awarding grants for the conduct of such activi13 ties. 

14 ‘‘(3) AMOUNTS.—Any amounts received by the 

15 Library as payment for library products and services 

16 or other activities shall be made available to the Di17 rector to carry out this section, deposited in the Of18 fice of the Assistant Secretary for Research and 

19 Technology’s general fund account, and remain 

20 available until expended.’’. 

21 (g) PORT PERFORMANCE STATISTICS PROGRAM.— 

22 Chapter 63 of title 49, United States Code, is amended 

23 by adding after section 6313 the following: 


dlhill on DSK7TPTVN1PROD with BILLS
461 

•HR 4834 IH

1 ‘‘SEC. 6314. PORT PERFORMANCE STATISTICS PROGRAM. 

2 ‘‘(a) IN GENERAL.—The Director may establish a 

3 Port Performance Statistics Program to provide nationally 

4 consistent measures of performance of the Nation’s mari5 time ports. 

6 ‘‘(b) ANNUAL REPORTS.—The Director is authorized 

7 to require annual reports from all ports that receive Fed8 eral assistance or are subject to Federal regulation, in9 cluding statistics on capacity, throughput, and other 

10 measures of performance required for implementation of 

11 the National Freight Policy required by section 167 of 

12 title 23. 

13 ‘‘(c) RECOMMENDATIONS.—The Director shall obtain 

14 recommendations for specifications for port performance 

15 measures from the United States Army Corps of Engi16 neers, the Maritime Administration, the Saint Lawrence 

17 Seaway Development Corporation, the United States 

18 Coast Guard, the Marine Transportation System National 

19 Advisory Council, and the Department of Commerce Advi20 sory Council on Supply Chain Competitiveness to identify 

21 standard data elements for measuring port performance.’’. 

22 (h) CONFORMING AMENDMENT.—The analysis for 

23 chapter 63 of title 49, United States Code, is amended 

24 by inserting the following at the end: 

‘‘øSec. ¿ 6314. Port Performance Statistics Program.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
462 

•HR 4834 IH

1 SEC. 8105. ITS GOALS AND PURPOSES. 

2 (a) TECHNICAL CORRECTION.—Section 514(a)(5) of 

3 title 23, United States Code, is amended to read as fol4 lows: 

5 ‘‘(5) improvement of the ability of the United 

6 States to respond to security-related or other man7 made emergencies and natural disasters; and’’. 

8 (b) FREIGHT GOALS.—Section 514(a) of title 23, 

9 United States Code, is amended by inserting the following 

10 at the end: 

11 ‘‘(6) enhancement of the Nation’s freight sys12 tem and support to freight policy goals by con13 ducting heavy-duty vehicle demonstration activities, 

14 and accelerating adoption of ITS applications in 

15 freight operations.’’. 

16 SEC. 8106. ITS GENERAL AUTHORITIES AND REQUIRE17 MENTS. 

18 Section 515(h)(4) of title 23, United States Code, is 

19 amended— 

20 (1) by striking ‘‘February 1 of each year after 

21 the date of enactment of the Transportation Re22 search and Innovative Technology Act of 2012’’ and 

23 inserting ‘‘May 1 each year’’; and 

24 (2) by striking ‘‘submit to Congress’’ and in25 serting ‘‘make available to the public on a Depart26 ment of Transportation Web site’’. 


dlhill on DSK7TPTVN1PROD with BILLS
463 

•HR 4834 IH

1 SEC. 8107. ITS NATIONAL ARCHITECTURE AND STANDARDS. 

2 (a) IN GENERAL.—Section 517(a)(3) of title 23, 

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

4 ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA5 NIZATIONS.—In carrying out this section, the Sec6 retary shall support the development and mainte7 nance of standards and protocols using the services 

8 of such standards development organizations as the 

9 Secretary determines to be necessary and whose 

10 memberships represent, but are not limited to, the 

11 surface transportation and intelligent transportation 

12 systems industries.’’. 

13 (b) TECHNICAL CORRECTION.—Section 517(b) of 

14 title 23, United States Code, is amended to read as fol15 lows: 

16 ‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMEN17 TATION.—If the Secretary finds that a standard is nec18 essary for implementation of a nationwide policy or other 

19 capability requiring nationwide uniformity, the Secretary, 

20 after consultation with stakeholders and in accordance 

21 with the requirements of section 553 of title 5, may estab22 lish and require the use of that standard.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
464 

•HR 4834 IH

1 SEC. 8108. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRA2 STRUCTURE COMMUNICATIONS SYSTEMS DE3 PLOYMENT. 

4 Section 518(a) of title 23, United States Code, is 

5 amended by striking all of the text that follows the head6 ing and precedes ‘‘that—’’ and inserting the following: 

7 ‘‘Not later than July 6, 2015, the Secretary shall 

8 make available to the public on a Department of Trans9 portation Web site a report’’. 

10 SEC. 8109. INFRASTRUCTURE DEVELOPMENT. 

11 (a) IN GENERAL.—Chapter 5 of title 23, United 

12 States Code, is amended by adding after section 518 the 

13 following: 

14 ‘‘SEC. 519. INFRASTRUCTURE DEVELOPMENT. 

15 ‘‘Funds made available to carry out this subtitle for 

16 operational tests— 

17 ‘‘(1) shall be used primarily for the development 

18 of intelligent transportation system infrastructure, 

19 equipment, and systems; and 

20 ‘‘(2) to the maximum extent practicable, shall 

21 not be used for the construction of physical surface 

22 transportation infrastructure unless the construction 

23 is incidental and critically necessary to the imple24 mentation of an intelligent transportation system 

25 project.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
465 

•HR 4834 IH

1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 5 of title 23, United States Code, is amended by 

3 adding after section 518 the following: 

‘‘519. Infrastructure development.’’. 

4 SEC. 8110. DEPARTMENTAL RESEARCH PROGRAMS; CON5 FORMING AMENDMENTS. 

6 (a) TITLE 49 AMENDMENTS.—Title 49, United 

7 States Code, is amended as follows: 

8 (1) Section 102(e) is amended— 

9 (A) in paragraph (1), by striking ‘‘5’’ and 

10 inserting ‘‘6’’; and 

11 (B) in paragraph (2), by inserting ‘‘an As12 sistant Secretary for Research and Tech13 nology,’’ before ‘‘and an Assistant Secretary’’. 

14 (2) Chapter 1 is amended by striking section 

15 112, and the analysis of chapter 1 is amended by 

16 striking the item relating to the ‘‘Research and In17 novative Technology Administration’’. 

18 (3) Section 330 is amended— 

19 (A) by striking ‘‘CONTRACTS’’ in the sec20 tion heading and inserting ‘‘ACTIVITIES’’; and 

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

22 ‘‘(d) DUTIES.—The Secretary shall provide for the 

23 following: 


dlhill on DSK7TPTVN1PROD with BILLS
466 

•HR 4834 IH

1 ‘‘(1) Coordination, facilitation, and review of 

2 the Department’s research and development pro3 grams and activities. 

4 ‘‘(2) Advancement, and research and develop5 ment, of innovative technologies, including intelligent 

6 transportation systems. 

7 ‘‘(3) Comprehensive transportation statistics re8 search, analysis, and reporting. 

9 ‘‘(4) Education and training in transportation 

10 and transportation-related fields. 

11 ‘‘(5) Activities of the Volpe National Transpor12 tation Systems Center. 

13 ‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary 

14 may— 

15 ‘‘(1) enter into grants and cooperative agree16 ments with Federal agencies, State and local govern17 ment agencies, other public entities, private organi18 zations, and other persons to conduct research into 

19 transportation service and infrastructure assurance; 

20 and to carry out other research activities of the De21 partment; 

22 ‘‘(2) carry out, on a cost-shared basis, collabo23 rative research and development to encourage inno24 vative solutions to multimodal transportation probVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
467 

•HR 4834 IH

1 lems and stimulate the deployment of new tech2 nology with— 

3 ‘‘(A) non-Federal entities, including State 

4 and local governments, foreign governments, in5 stitutions of higher education, corporations, in6 stitutions, partnerships, sole proprietorships, 

7 and trade associations that are incorporated or 

8 established under the laws of any State; 

9 ‘‘(B) Federal laboratories; and 

10 ‘‘(C) other Federal agencies; and 

11 ‘‘(3) directly initiate contracts, grants, coopera12 tive research and development agreements (as de13 fined in section 12 of the Stevenson-Wydler Tech14 nology Innovation Act of 1980 (15 U.S.C. 3710a)), 

15 and other agreements to fund, and accept funds 

16 from, the Transportation Research Board of the Na17 tional Research Council of the National Academy of 

18 Sciences, State departments of transportation, cities, 

19 counties, institutions of higher education, associa20 tions, and the agents of those entities to carry out 

21 joint transportation research and technology efforts. 

22 ‘‘(f) FEDERAL SHARE.— 

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

24 the Federal share of the cost of an activity carried 


dlhill on DSK7TPTVN1PROD with BILLS
468 

•HR 4834 IH

1 out under subsection (e)(3) shall not exceed 50 per2 cent. 

3 ‘‘(2) EXCEPTION.—If the Secretary determines 

4 that the activity is of substantial public interest or 

5 benefit, the Secretary may approve a greater Federal 

6 share. 

7 ‘‘(3) NON-FEDERAL SHARE.—All costs directly 

8 incurred by the non-Federal partners, including per9 sonnel, travel, facility, and hardware development 

10 costs, shall be credited toward the non-Federal share 

11 of the cost of an activity described in paragraph (1). 

12 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

13 fiscal years 2013 through 2018, the Secretary is author14 ized to expend not more than 1 and a half percent of the 

15 amounts authorized to be appropriated for necessary ex16 penses for administration and operations of the Office of 

17 the Assistant Secretary for Research and Technology for 

18 the coordination, evaluation, and oversight of the pro19 grams administered by the Office. 

20 ‘‘(h) USE OF TECHNOLOGY.—The research, develop21 ment, or use of a technology under a contract, grant, coop22 erative research and development agreement, or other 

23 agreement entered into under this subsection, including 

24 the terms under which the technology may be licensed and 

25 the resulting royalties may be distributed, shall be subject 


dlhill on DSK7TPTVN1PROD with BILLS
469 

•HR 4834 IH

1 to the Stevenson-Wydler Technology Innovation Act of 

2 1980 (15 U.S.C. 3701 et seq.). 

3 ‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.— 

4 Section 6101 of title 41 shall not apply to a contract, 

5 grant, or other agreement entered into under this sec6 tion.’’. 

7 (4) The item relating to section 330 in the 

8 analysis of chapter 3 is amended by striking ‘‘Con9 tracts’’ and inserting ‘‘Activities’’. 

10 (5) Section 6302(a) is amended to read as fol11 lows: 

12 ‘‘(a) IN GENERAL.—There shall be within the De13 partment the Bureau of Transportation Statistics.’’. 

14 (b) TITLE 5 AMENDMENTS.—Title 5, United States 

15 Code, is amended as follows: 

16 (1) Section 5313 is amended by deleting ‘‘The 

17 Under Secretary of Transportation for Security.’’. 

18 (2) Section 5314 is amended by deleting ‘‘Ad19 ministrator, Research and Innovative Technology 

20 Administration.’’. 

21 (3) Section 5315 is amended by striking ‘‘(4)’’ 

22 in the undesignated item relating to Assistant Secre23 taries of Transportation and inserting ‘‘(5)’’. 


dlhill on DSK7TPTVN1PROD with BILLS
470 

•HR 4834 IH

1 (4) Section 5316 is amended by deleting ‘‘Asso2 ciate Deputy Secretary, Department of Transpor3 tation.’’. 

4 (c) CONFORMING AMENDMENT.—The analysis for 

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

6 revising the entry relating to section 330 to read as fol7 lows: 

‘‘330. Research activities.’’. 

8 SEC. 8111. OFFICE OF INTERMODALISM. 

9 (a) IN GENERAL.—Section 5503 of title 49, United 

10 States Code, is repealed. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 55 of title 49, United States Code, is amended 

13 by striking the item relating to section 5503. 

14 SEC. 8112. COOPERATION WITH FEDERAL AND STATE 

15 AGENCIES AND FOREIGN COUNTRIES. 

16 (a) AUTHORIZED ACTIVITIES.— 

17 (1) SECTION 308 AMENDMENT.—Section 308(a) 

18 of title 23, United States Code, is amended by in19 serting ‘‘cooperating international entities,’’ after 

20 ‘‘countries’’. 

21 (2) SECTION 502 AMENDMENT.—Section 

22 502(b)(3)(C) of title 23, United States Code, is 

23 amended by inserting ‘‘international entities,’’ after 

24 ‘‘country,’’. 


dlhill on DSK7TPTVN1PROD with BILLS
471 

•HR 4834 IH

1 (b) USE OF FUNDS.—Section 502(b)(5)(B) is 

2 amended to read as follows: 

3 ‘‘(B) USE OF FUNDS.—The Secretary shall 

4 use funds made available to carry out this chap5 ter to— 

6 ‘‘(i) develop, administer, communicate, 

7 and promote the use of products of re8 search, development, and technology trans9 fer programs under this chapter; 

10 ‘‘(ii) promote United States highway 

11 transportation expertise, goods, and serv12 ices in foreign countries; or 

13 ‘‘(iii) conduct studies to assess the 

14 need for or feasibility of highway transpor15 tation improvements in foreign countries.’’. 

16 TITLE IX—RAIL SAFETY, 

17 RELIABILITY, AND EFFICIENCY 

18 SEC. 9001. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED 

19 STATES CODE. 

20 (a) SHORT TITLE.—This title may be cited as the 

21 ‘‘Rail for America Act’’. 

22 (b) AMENDMENT OF TITLE 49.—Except as otherwise 

23 expressly provided, whenever in this title an amendment 

24 or repeal is expressed in terms of an amendment to, or 

25 a repeal of, a section or other provision, the reference shall 


dlhill on DSK7TPTVN1PROD with BILLS
472 

•HR 4834 IH

1 be considered to be made to a section or other provision 

2 of title 49, United States Code. 

3 Subtitle A—National High4 Performance Rail System 

5 SEC. 9101. PURPOSE AND OBJECTIVES. 

6 (a) PURPOSE.—The purpose of this subtitle is to pro7 mote and facilitate the development of the National High8 Performance Rail System, a comprehensive national net9 work of integrated passenger and freight rail services, and 

10 to authorize funds for the planning, development, con11 struction, and implementation of rail corridors and related 

12 infrastructure improvements. 

13 (b) OBJECTIVES.— 

14 (1) SAFETY.—The National High-Performance 

15 Rail System shall contribute to reducing fatalities, 

16 injuries, and incidents on the nation’s transportation 

17 system. 

18 (2) MOBILITY.—The National High-Perform19 ance Rail System shall increase the efficient and re20 liable movement of both goods and people through 

21 targeted market-based investments and policies. 

22 (3) ENVIRONMENTAL SUSTAINABILITY.—The 

23 National High-Performance Rail System shall strive 

24 to advance environmentally sustainable policies and 

25 projects that reduce emissions of criteria air pollutVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
473 

•HR 4834 IH

1 ants, air toxins, and greenhouse gases from trans2 portation sources while protecting communities and 

3 natural resources. 

4 (4) ENERGY EFFICIENCY.—The National High5 Performance Rail System shall enhance energy effi6 cient transportation options and expand use of re7 newable and clean energy sources. 

8 (5) QUALITY OF LIFE.—The National High9 Performance Rail System shall promote quality of 

10 life and communities, including enhanced safety in 

11 areas adjacent to transportation facilities and safety 

12 at highway-rail grade crossing and efficient land-use 

13 development, and protecting public health. 

14 (6) INFRASTRUCTURE CONDITION.—The Na15 tional High-Performance Rail System shall ensure 

16 that the current passenger rail network achieves and 

17 maintains a state of good repair and is resilient and 

18 reliable in the face of extreme events and changing 

19 climatic conditions. 

20 (7) OPTIMIZATION OF FREIGHT RAIL NET21 WORK.—The National High-Performance Rail Sys22 tem shall ensure that America’s world-class freight 

23 rail system is preserved and improved while bal24 ancing and protecting both private and public inter25 ests, strengthening the ability of rural communities 


dlhill on DSK7TPTVN1PROD with BILLS
474 

•HR 4834 IH

1 to access national and international trade markets, 

2 and supporting regional economic development. 

3 SEC. 9102. GRANT PROGRAMS. 

4 (a) IN GENERAL.—Part C of subtitle V is amended 

5 by inserting the following after chapter 244: 

6 ‘‘CHAPTER 246—NATIONAL HIGH7 PERFORMANCE RAIL SYSTEM 

‘‘Sec. 

‘‘24601. Definitions. 

‘‘24602. Authorization of appropriations. 

‘‘24603. National high-performance passenger rail system. 

‘‘24604. Current passenger rail service program. 

‘‘24605. Rail service improvement program. 

‘‘24606. Oversight. 

‘‘24607. Financial assistance conditions. 

8 ‘‘§ 24601. Definitions 

9 ‘‘In this chapter: 

10 ‘‘(1) Three types of passenger rail corridors are 

11 defined as follows: 

12 ‘‘(A) CORE EXPRESS CORRIDOR.—The 

13 term ‘Core Express Corridor’ means a pas14 senger rail corridor with trains operating pri15 marily on dedicated passenger track at peak 

16 speeds of 125 to 250 miles per hour or greater, 

17 and that primarily connects major metropolitan 

18 centers in the United States that are generally 

19 up to 500 miles apart. 

20 ‘‘(B) REGIONAL CORRIDOR.—The term 

21 ‘Regional Corridor’ means a passenger rail corVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
475 

•HR 4834 IH

1 ridor with trains operating on either dedicated 

2 and shared use track at peak speeds of 90 to 

3 124 miles per hour, and that primarily connects 

4 mid-size urban areas to larger and smaller com5 munities that are generally up to 500 miles 

6 apart. 

7 ‘‘(C) FEEDER CORRIDOR.—The term 

8 ‘Feeder Corridor’ means a State- or regionally9 designated passenger rail corridor with trains 

10 operating on shared use track at peak speeds of 

11 up to 90 miles per hour and that connects 

12 large, mid-sized, and small urban areas gen13 erally less than 750 miles apart. 

14 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

15 project’ means a project or program for use in or for 

16 the primary benefit of intercity passenger rail service 

17 or freight rail service, including— 

18 ‘‘(A) acquiring, constructing, improving, or 

19 inspecting equipment, track and track struc20 tures, or a facility; 

21 ‘‘(B) expenses incidental to the activities 

22 described in subsection 24601(2)(A) (including 

23 designing, engineering, location surveying, map24 ping, environmental studies, utility relocation or 

25 improvement, acquiring rights-of-way, and joint 


dlhill on DSK7TPTVN1PROD with BILLS
476 

•HR 4834 IH

1 development activities as defined in subsection 

2 5302(3)(G)), and the maintenance of operations 

3 during construction; 

4 ‘‘(C) preserving and acquiring rights-of5 way; 

6 ‘‘(D) payments for the capital portions of 

7 rail trackage rights agreements; 

8 ‘‘(E) highway-rail grade crossing improve9 ments; 

10 ‘‘(F) mitigating environmental impacts; 

11 ‘‘(G) communication and signalization im12 provements; 

13 ‘‘(H) relocation assistance, including ac14 quiring replacement housing sites, and acquir15 ing, constructing, relocating, and rehabilitating 

16 replacement housing; 

17 ‘‘(I) interest and other financing costs to 

18 efficiently carry out a part of the project within 

19 a reasonable time; and 

20 ‘‘(J) evaluation and assessment of project 

21 implementation and outcomes. 

22 ‘‘(3) HIGH-PERFORMANCE RAIL.—The term 

23 ‘high-performance rail’ means a passenger and 

24 freight rail network that is designed to meet the cur25 rent and future market demands for transportation 


dlhill on DSK7TPTVN1PROD with BILLS
477 

•HR 4834 IH

1 of people and goods, in terms of capacity, travel 

2 times, reliability, and efficiency. 

3 ‘‘(4) INTERCITY PASSENGER RAIL SERVICE.— 

4 The term ‘intercity passenger rail service’ has the 

5 same meaning as ‘intercity rail passenger transpor6 tation’, as defined in section 24102 of this title. 

7 ‘‘(5) INTERSTATE COMPACT.—The term ‘inter8 state compact’ means two or more States that have 

9 entered into compacts, agreements, or organizations, 

10 not in conflict with any law of the United States, for 

11 cooperative efforts and mutual assistance in support 

12 of activities authorized under this chapter. 

13 ‘‘(6) LONG-DISTANCE ROUTE.—The term ‘long14 distance route’ has the same meaning as under sec15 tion 24102(5)(C) of this title. 

16 ‘‘(7) NORTHEAST CORRIDOR.—The term 

17 ‘Northeast Corridor’ has the same meaning as under 

18 section 24102(5)(A) of this title. 

19 ‘‘(8) RAIL HUB PLAN.—The term ‘rail hub 

20 plan’ means a plan that addresses the needs and op21 portunities for the dense, complex networks of 

22 shared or interconnected freight, intercity passenger, 

23 and commuter rail lines that tend to be found in and 

24 around major urban areas. 


dlhill on DSK7TPTVN1PROD with BILLS
478 

•HR 4834 IH

1 ‘‘(9) STATE.—The term ‘State’ means a State 

2 of the United States or the District of Columbia. 

3 ‘‘(10) STATE CORRIDOR.—The term ‘State cor4 ridor’ has the same meaning as under section 

5 24102(5)(D) of this title. 

6 ‘‘(11) STATE OF GOOD REPAIR.—The term 

7 ‘state of good repair’ means a condition in which the 

8 existing physical assets, both individually and as a 

9 system, are functioning as designed within their use10 ful lives and are sustained through regular mainte11 nance and replacement programs. 

12 ‘‘§ 24602. Authorization of appropriations 

13 ‘‘(a) CURRENT PASSENGER RAIL SERVICES PRO14 GRAM.—There are authorized to be appropriated from the 

15 Rail Account of the Transportation Trust Fund to carry 

16 out section 24604 of this title— 

17 ‘‘(1) $2,450,000,000 for fiscal year 2015; 

18 ‘‘(2) $2,400,000,000 for fiscal year 2016; 

19 ‘‘(3) $2,350,000,000 for fiscal year 2017; and 

20 ‘‘(4) $2,300,000,000 for fiscal year 2018. 

21 ‘‘(b) RAIL SERVICE IMPROVEMENT PROGRAM.— 

22 There are authorized to be appropriated from the Rail Ac23 count of the Transportation Trust Fund to carry out sec24 tion 24605 of this title— 

25 ‘‘(1) $2,325,000,000 for fiscal year 2015; 


dlhill on DSK7TPTVN1PROD with BILLS
479 

•HR 4834 IH

1 ‘‘(2) $2,405,000,000 for fiscal year 2016; 

2 ‘‘(3) $2,370,000,000 for fiscal year 2017; and 

3 ‘‘(4) $2,450,000,000 for fiscal year 2018. 

4 ‘‘(c) AVAILABILITY OF CONTRACT AUTHORITY.— 

5 ‘‘(1) PERIOD OF AVAILABILITY.—The amounts 

6 made available under this section shall remain avail7 able for obligation until expended. 

8 ‘‘(2) CONTRACT AUTHORITY.—Authorizations 

9 from the Transportation Trust Fund made by this 

10 section shall be available for obligation on October 1 

11 of the fiscal year for which they are authorized. 

12 ‘‘§ 24603. National high-performance passenger rail 

13 system 

14 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

15 shall facilitate the establishment of a national high-per16 formance rail system in accordance with this chapter. 

17 ‘‘(b) CONTENTS.—The national high-performance 

18 rail system includes the following: 

19 ‘‘(1) Current passenger rail service program. 

20 ‘‘(2) Rail service improvement program. 

21 ‘‘(3) Railroad rehabilitation and improvement 

22 financing program. 

23 ‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall 

24 prescribe the regulations necessary to implement this 

25 chapter. 


dlhill on DSK7TPTVN1PROD with BILLS
480 

•HR 4834 IH

1 ‘‘§ 24604. Current passenger rail service program 

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

3 shall establish a Current Passenger Rail Service Program 

4 under this section. The program shall ensure that existing 

5 passenger rail assets and services are maintained in reli6 able working condition. The Current Passenger Rail Serv7 ice Program consists of programs for the following: 

8 ‘‘(1) Northeast Corridor. 

9 ‘‘(2) State Corridors. 

10 ‘‘(3) Long-Distance Routes. 

11 ‘‘(4) National Assets, Legacy Debt, and Amtrak 

12 Positive Train Control. 

13 ‘‘(5) Stations—Americans with Disabilities Act 

14 Compliance. 

15 ‘‘(b) NORTHEAST CORRIDOR.— 

16 ‘‘(1) OBJECTIVE.—The objective of the North17 east Corridor program is to bring Northeast Cor18 ridor infrastructure and equipment into a state-of19 good repair, and to ensure that those assets are then 

20 maintained in a state-of-good repair, so that the 

21 Northeast Corridor can continue providing travelers 

22 with a safe, reliable, and efficient travel option in 

23 the congested Northeast region. 

24 ‘‘(2) AUTHORITY.—The Secretary may provide 

25 grants under this subsection to reduce the state-of26 good repair backlog on the Northeast Corridor; to 


dlhill on DSK7TPTVN1PROD with BILLS
481 

•HR 4834 IH

1 replace legacy passenger rail equipment used for 

2 Northeast Corridor service; and to fund the portion 

3 of ongoing capital replacement and renewal needs on 

4 the Northeast Corridor not covered by Northeast 

5 Corridor operating surpluses. 

6 ‘‘(3) ELIGIBLE RECIPIENTS.—The Secretary 

7 may provide grants to the following entities for eligi8 ble projects under this subsection: 

9 ‘‘(A) Amtrak. 

10 ‘‘(B) States and other public-sector entities 

11 as identified in the Northeast Corridor Capital 

12 Asset Plan required by section 24317 of this 

13 title. 

14 ‘‘(4) ELIGIBLE PROJECTS.—The Secretary may 

15 provide grants under this subsection for the fol16 lowing activities, as identified in the Five-Year Cap17 ital Asset Plans described in section 24317 of this 

18 title: 

19 ‘‘(A) STATE OF GOOD REPAIR BACKLOG.— 

20 To replace or rehabilitate railroad assets that 

21 are not currently in a state of good repair. 

22 ‘‘(B) LEGACY EQUIPMENT REPLACE23 MENT.—To replace legacy passenger rolling 

24 stock and locomotives used for Northeast Cor25 ridor service. 


dlhill on DSK7TPTVN1PROD with BILLS
482 

•HR 4834 IH

1 ‘‘(C) ONGOING REPLACEMENT AND RE2 NEWAL.—To fund the balance needed to main3 tain the existing Northeast Corridor infrastruc4 ture and equipment in an ongoing state of good 

5 repair, after the following revenues are first 

6 dedicated to these activities: 

7 ‘‘(i) All operating surpluses generated 

8 from Northeast Corridor intercity pas9 senger rail services. 

10 ‘‘(ii) All access fees from other users 

11 of the Northeast Corridor. 

12 ‘‘(iii) All revenues generated from an13 cillary businesses directly associated with 

14 Northeast Corridor services or infrastruc15 ture. 

16 ‘‘(5) FEDERAL SHARE OF TOTAL PROJECT

17 COSTS.—The Federal share of total project costs 

18 under this subsection may be up to 100 percent. 

19 ‘‘(c) STATE CORRIDORS.— 

20 ‘‘(1) OBJECTIVE.—To enable the successful im21 plementation of section 209 of Division B of Public 

22 Law 110–432 for existing State-supported passenger 

23 rail operations through transitional financial assist24 ance to States. 


dlhill on DSK7TPTVN1PROD with BILLS
483 

•HR 4834 IH

1 ‘‘(2) AUTHORITY.—The Secretary is authorized 

2 to provide grants, consistent with the maximum time 

3 period under which temporary financial assistance 

4 may be received as developed in subsection (c)(3) of 

5 this section, to eligible recipients under this sub6 section to support the implementation of section 209 

7 of Division B of Public Law 110–432; and replace8 ment of legacy passenger rolling stock and loco9 motives used on State corridors. 

10 ‘‘(3) TRANSITION ASSISTANCE FRAMEWORK.— 

11 The Secretary shall develop a transition assistance 

12 framework within six months of the enactment of 

13 this Act. As part of this framework, the Secretary 

14 shall— 

15 ‘‘(A) develop criteria for phasing out activi16 ties under subsection (c)(5)(A) of this section 

17 by not later than October 1, 2017; and 

18 ‘‘(B) develop policies governing financial 

19 terms, repayment conditions, and other terms 

20 of financial assistance. 

21 ‘‘(4) ELIGIBLE RECIPIENTS.— 

22 ‘‘(A) States are eligible to receive grants 

23 for activities described in subsections (c)(5)(A) 

24 and (c)(5)(B) of this section. 


dlhill on DSK7TPTVN1PROD with BILLS
484 

•HR 4834 IH

1 ‘‘(B) States may enter into contractual 

2 agreements to allow for Amtrak to receive 

3 grants for activities described in subsection 

4 (c)(5)(B) of this section. 

5 ‘‘(5) ELIGIBLE ACTIVITIES.—Grants provided 

6 under this paragraph may be used to: 

7 ‘‘(A) Provide temporary financial support 

8 to eligible recipients in conformance with the 

9 operating and capital cost methodologies devel10 oped pursuant to section 209 of Division B of 

11 Public Law 110–432, until not later than Sep12 tember 30, 2017. 

13 ‘‘(B) Replace legacy passenger rolling 

14 stock and locomotives used for State corridor 

15 service as identified in the Five-Year Capital 

16 Asset Plans described in section 24317 of this 

17 title. 

18 ‘‘(6) FEDERAL SHARE.—The Federal share of 

19 expenditures for activities described in subsections 

20 (c)(5)(B) may be up to 80 percent of the total cost. 

21 ‘‘(d) LONG-DISTANCE ROUTES.— 

22 ‘‘(1) OBJECTIVE.—The objective of the long23 distance routes program is to provide grants to Am24 trak for the continuation of services on long-distance 

25 routes. 


dlhill on DSK7TPTVN1PROD with BILLS
485 

•HR 4834 IH

1 ‘‘(2) AUTHORITY.—The Secretary may provide 

2 grants to Amtrak under this subsection, in accord3 ance with the relevant provisions contained in part 

4 C, subtitle V of this title. 

5 ‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 

6 to receive grants for long-distance route activities. 

7 ‘‘(4) ELIGIBLE ACTIVITIES.—Grants provided 

8 for long-distance routes may be expended for the op9 erating and capital costs associated with providing 

10 reliable national long-distance passenger rail services 

11 to the extent that such expenses cannot be fully sup12 ported by the passenger and non-passenger revenues 

13 generated by long-distance passenger services, as 

14 identified in the Five-Year Business Line Plan de15 scribed in section 24317 of this title. 

16 ‘‘(5) FEDERAL SHARE.—The Federal share of 

17 expenditures for eligible activities under this sub18 section may be up to 100 percent of the total cost. 

19 ‘‘(e) NATIONAL ASSETS, LEGACY DEBT, AND AM20 TRAK POSITIVE TRAIN CONTROL.— 

21 ‘‘(1) OBJECTIVE.—The objective of the national 

22 assets program is to provide grants to Amtrak for 

23 the operating and capital needs associated with the 

24 Nation’s core rail assets; for servicing Amtrak’s leg25 acy debt; and for implementing positive train control 


dlhill on DSK7TPTVN1PROD with BILLS
486 

•HR 4834 IH

1 on Amtrak routes where Amtrak is fully or partially 

2 responsible for compliance with section 20157 of this 

3 title. 

4 ‘‘(2) AUTHORITY.—The Secretary may provide 

5 grants to Amtrak under this subsection. 

6 ‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 

7 to receive grants for national asset activities. 

8 ‘‘(4) ELIGIBLE ACTIVITIES.—Grants provided 

9 for national assets may be expended for— 

10 ‘‘(A) operating and capital costs associated 

11 with operating and maintaining national res12 ervations, security, mechanical facilities, train13 ing centers and other assets associated with 

14 Amtrak’s national passenger rail transportation 

15 system; 

16 ‘‘(B) implementing positive train control 

17 on Amtrak routes where Amtrak is fully or par18 tially responsible for compliance with section 

19 20157 of this title; and 

20 ‘‘(C) making payments for principal and 

21 interest payments related to debt incurred prior 

22 to fiscal year 2005. 

23 ‘‘(5) EVALUATION OF NATIONAL ASSETS OPER24 ATING COSTS.— 


dlhill on DSK7TPTVN1PROD with BILLS
487 

•HR 4834 IH

1 ‘‘(A) The Secretary shall evaluate the cost 

2 and scope of all operating activities defined in 

3 paragraph (4)(A) of this subsection, and shall 

4 identify which activities are— 

5 ‘‘(i) required in order to ensure the ef6 ficient operations of a national passenger 

7 rail system; 

8 ‘‘(ii) appropriate for allocation to one 

9 of the other Amtrak business lines; and 

10 ‘‘(iii) extraneous to providing an effi11 cient national passenger rail system or are 

12 too costly relative to the benefits or per13 formance outcomes they provide. 

14 ‘‘(B) Within 1 year after the completion of 

15 the review in subparagraph (A), the Federal 

16 Railroad Administration, in consultation with 

17 the Amtrak Board of Directors, the governors 

18 of each relevant State, and the Mayor of the 

19 District of Columbia, or entities representing 

20 those officials, shall restructure and/or reallo21 cate national assets operating costs according to 

22 the findings of the review in that subparagraph. 

23 ‘‘(6) FEDERAL SHARE.—The Federal share of 

24 expenditures for eligible activities under this sub25 section may be up to 100 percent of the total cost 


dlhill on DSK7TPTVN1PROD with BILLS
488 

•HR 4834 IH

1 as identified in the Five-Year Business Line Plan 

2 described in section 24317 of this title. 

3 ‘‘(f) STATIONS—AMERICANS WITH DISABILITIES

4 ACT COMPLIANCE.— 

5 ‘‘(1) OBJECTIVE.—The objective of the pro6 gram is to bring all stations served by Amtrak into 

7 compliance with the Americans with Disabilities Act. 

8 ‘‘(2) AUTHORITY.—The Secretary may provide 

9 grants to Amtrak under this subsection. 

10 ‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 

11 to receive grants for eligible activities under this 

12 subsection. 

13 ‘‘(4) ELIGIBLE ACTIVITIES.—Grants provided 

14 under this subsection may be expended for upgrad15 ing existing intercity passenger rail stations to com16 ply with the Americans with Disabilities Act. 

17 ‘‘(5) FEDERAL SHARE.—The Federal share of 

18 expenditures for eligible activities under this sub19 section may be up to 100 percent of the total cost. 

20 ‘‘§ 24605. Rail service improvement program 

21 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

22 shall establish a Rail Service Improvement Program under 

23 this section. The program shall promote and facilitate de24 velopment of new passenger rail corridors and improve25 ments to existing passenger and freight rail corridors. The 


dlhill on DSK7TPTVN1PROD with BILLS
489 

•HR 4834 IH

1 Rail Service Improvement Program consists of programs 

2 covering the following: 

3 ‘‘(1) Passenger Corridors. 

4 ‘‘(2) Commuter Railroads—Positive Train Con5 trol Compliance. 

6 ‘‘(3) Local Rail Facilities and Safety. 

7 ‘‘(4) Planning. 

8 ‘‘(b) PASSENGER CORRIDORS.— 

9 ‘‘(1) OBJECTIVE.—The objective of the pas10 senger corridors program under this subsection is to 

11 build regional networks of passenger rail corridors 

12 through construction of new corridors or substantial 

13 improvements to existing corridors, including Core 

14 Express Corridors, Regional Corridors, and Feeder 

15 Corridors, as defined in section 24601 of this title, 

16 and to mitigate passenger train congestion at critical 

17 rail chokepoints. 

18 ‘‘(2) AUTHORITY.—The Secretary is authorized 

19 to provide grants under this subsection to eligible re20 cipients (as specified in paragraph (3)) for eligible 

21 corridor development and positive train control 

22 projects (as specified in paragraph (4)). 

23 ‘‘(3) ELIGIBLE RECIPIENTS.—Entities eligible 

24 for funding for eligible projects identified in para25 graph (4) are the following: 


dlhill on DSK7TPTVN1PROD with BILLS
490 

•HR 4834 IH

1 ‘‘(A) A State. 

2 ‘‘(B) A group of States. 

3 ‘‘(C) An Interstate Compact. 

4 ‘‘(D) A Regional Rail Development Au5 thority as defined in chapter 289 of this title. 

6 ‘‘(E) A public agency or publicly-chartered 

7 authority established by one or more States and 

8 having responsibility for providing high-speed or 

9 intercity passenger rail service. 

10 ‘‘(F) Amtrak. 

11 ‘‘(G) Any institution for procuring, man12 aging, or maintaining passenger rail rolling 

13 stock and locomotives that may be established 

14 pursuant to the outcomes of the review de15 scribed in section 305 of division B of Public 

16 Law 110–432, as amended. 

17 ‘‘(4) ELIGIBLE PROJECTS.—The following 

18 projects are eligible to receive funding under this 

19 subsection: 

20 ‘‘(A) A capital project that is for the pri21 mary benefit of or use in high-performance rail 

22 service is eligible to receive passenger corridors 

23 grants under this subsection, provided that— 

24 ‘‘(i) the project proposal is consistent 

25 with an adopted service development plan 


dlhill on DSK7TPTVN1PROD with BILLS
491 

•HR 4834 IH

1 or rail hub plan at the time of application; 

2 and 

3 ‘‘(ii) the project sponsor has com4 pleted, prior to the time of application, the 

5 appropriate level of environmental reviews, 

6 in compliance with the applicable environ7 mental protection requirements, including 

8 the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4321 et seq.), its imple10 menting regulations, and applicable proce11 dures. 

12 ‘‘(B) A capital project identified by the 

13 Surface Transportation Board as to improve 

14 the on-time performance and reliability of inter15 city rail passenger transportation under section 

16 24308(f) of this title. 

17 ‘‘(C) A capital project designated by the 

18 Secretary as being necessary to address conges19 tion challenges affecting passenger rail. 

20 ‘‘(5) PROJECT SELECTION CRITERIA.—In se21 lecting the recipients of grants for eligible projects 

22 under paragraph (4), the Secretary shall: 

23 ‘‘(A) Give preference to proposed projects 

24 that are consistent with the investment goals, 


dlhill on DSK7TPTVN1PROD with BILLS
492 

•HR 4834 IH

1 objectives, policies, and methodologies defined 

2 in the following: 

3 ‘‘(i) Any national rail planning guid4 ance or parameters set forth by the Sec5 retary. 

6 ‘‘(ii) Any Regional Rail Development 

7 Plans described in section 22602 of this 

8 title that are applicable to a project pro9 posal, once available. 

10 ‘‘(iii) Any State Rail Plans, as de11 scribed in chapter 227 of this title that are 

12 applicable to a project proposal. 

13 ‘‘(B) Also consider the following: 

14 ‘‘(i) The project’s system and service 

15 performance as experienced by the pas16 senger, including measures such as im17 proved reliability, reduced trip time, addi18 tional service frequency to meet anticipated 

19 or existing demand, or other significant 

20 system and service enhancements. 

21 ‘‘(ii) Cost-benefit analysis of the 

22 project, which shall include such factors as 

23 the project’s estimated ridership and an24 ticipated user and public benefits, relative 

25 to the proposed Federal investment, and 


dlhill on DSK7TPTVN1PROD with BILLS
493 

•HR 4834 IH

1 consideration of enhanced mobility, envi2 ronmental, and economic benefits (both for 

3 the specific project proposal and in terms 

4 of the costs and benefits generated by the 

5 specific project within a network context). 

6 ‘‘(iii) Cross-modal benefits generated 

7 by the project, including anticipated im8 pacts on air, transit, or highway traffic 

9 congestion, capacity, or safety; and cost 

10 avoidance or deferral of planned invest11 ments in aviation, transit, and highway 

12 systems. 

13 ‘‘(iv) Opportunities for operational in14 tegration with commuter rail or other rail 

15 operations, as well as with regional public 

16 transportation providers, including the de17 gree to which the project could allow for 

18 coordinated schedules, seamless connec19 tions between trains, integrated sales and 

20 ticketing systems, and other mechanisms 

21 that will benefit passengers and encourage 

22 cost containment among rail operators. 

23 ‘‘(v) Equitable financial participation 

24 by other beneficiaries of the project, in25 cluding the degree to which the project’s 


dlhill on DSK7TPTVN1PROD with BILLS
494 

•HR 4834 IH

1 business plan considers potential private 

2 sector participation in the financing, con3 struction, and/or operation of the project. 

4 ‘‘(vi) The recipient’s past performance 

5 in developing and delivering similar pas6 senger rail projects. 

7 ‘‘(vii) The recipient’s previous finan8 cial contributions to developing high-per9 formance rail services, including any non10 Federal contributions in excess of min11 imum requirements that the sponsor may 

12 have provided as a match for previous Fed13 eral grants. 

14 ‘‘(viii) The likelihood that new service 

15 or expanded service projects, once brought 

16 into service, will be able to cover on-going 

17 operating costs without the support of 

18 grants, within a reasonable time frame. 

19 ‘‘(ix) Whether the recipient has or will 

20 have the legal, financial, and technical ca21 pacity to carry out the project, satisfactory 

22 continuing control over the use of the 

23 equipment or facilities, and the capability 

24 and willingness to maintain the equipment 

25 or facilities. 


dlhill on DSK7TPTVN1PROD with BILLS
495 

•HR 4834 IH

1 ‘‘(x) The likelihood that the proposed 

2 project is feasible and will result in the an3 ticipated benefits, including the recipient’s 

4 means for ensuring the realization of the 

5 anticipated benefits. 

6 ‘‘(xi) Any other relevant factors as de7 termined by the Secretary. 

8 ‘‘(6) PLANNING REQUIREMENTS.—To be eligi9 ble for a Federal grant under this subsection, a 

10 project must be specifically identified on a State Rail 

11 Plan, as described in section 22702. 

12 ‘‘(7) FEDERAL SHARE OF TOTAL PROJECT

13 COSTS.— 

14 ‘‘(A) TOTAL PROJECT COST.—The Sec15 retary shall estimate the total cost of a project 

16 under this subsection based on engineering 

17 studies, studies of economic feasibility, environ18 mental analyses, and information on the ex19 pected use of equipment or facilities. 

20 ‘‘(B) FEDERAL SHARE.—The Federal 

21 share of total project costs under this sub22 section shall not exceed 80 percent, except 

23 where the proposed project was identified 

24 through and is consistent with a Regional Rail 

25 Development Plan described in chapter 289 of 


dlhill on DSK7TPTVN1PROD with BILLS
496 

•HR 4834 IH

1 this title, in which case the Federal share of 

2 total project costs under this subsection shall 

3 not exceed 85 percent. 

4 ‘‘(c) COMMUTER RAILROADS; POSITIVE TRAIN CON5 TROL COMPLIANCE.— 

6 ‘‘(1) OBJECTIVE.—The objective of this pro7 gram is to promote rail safety by assisting in fund8 ing the implementation of positive train control on 

9 commuter railroad-owned infrastructure, equipment, 

10 and back office systems. 

11 ‘‘(2) AUTHORITY.—The Secretary is authorized 

12 to provide grants under this subsection to eligible re13 cipients (as described in paragraph (3)) for eligible 

14 positive train control projects (as described in para15 graph (4)). 

16 ‘‘(3) ELIGIBLE RECIPIENTS.—Entities eligible 

17 for funding under this subsection include the fol18 lowing: 

19 ‘‘(A) A State. 

20 ‘‘(B) A group of States. 

21 ‘‘(C) A provider of commuter rail pas22 senger transportation, as defined in section 

23 24102 of this title. 


dlhill on DSK7TPTVN1PROD with BILLS
497 

•HR 4834 IH

1 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 

2 receive grants under this subsection include the fol3 lowing: 

4 ‘‘(A) A project for analyzing, designing, 

5 developing, procuring, installing, modifying, 

6 validating, configuring, and testing of positive 

7 train control systems hardware or software sys8 tem elements on commuter railroad-owned in9 frastructure, equipment, or back office systems, 

10 including the following activities: 

11 ‘‘(i) Dedicated passenger service mo12 tive power equipment. 

13 ‘‘(ii) Wayside interface of track-side 

14 devices on track owned by eligible recipi15 ents. 

16 ‘‘(iii) Back office and dispatch system 

17 infrastructure owned and operated by pas18 senger railroads. 

19 ‘‘(iv) Roadway worker terminal de20 vices. 

21 ‘‘(v) Communications system design 

22 and components, such as quality of service 

23 determinations, physical communications 

24 infrastructure, and message integrity, au25 thentication, and non-repudiation mechaVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
498 

•HR 4834 IH

1 nisms to protect positive train control sys2 tem communications. 

3 ‘‘(vi) Track databases for track seg4 ments owned by eligible recipients, includ5 ing the population of such databases with 

6 mapping data. 

7 ‘‘(vii) Project management services for 

8 oversight and systems engineering of pas9 senger railroad positive train control sys10 tem design, procurement, implementation, 

11 and testing efforts. 

12 ‘‘(viii) Positive train control system 

13 training programs for eligible recipients 

14 compliant with title 49 of the Code of Fed15 eral Regulations, part 236 subpart I. 

16 ‘‘(ix) Engineering support to prepare 

17 all necessary documentation required for 

18 regulatory compliance and system certifi19 cation of positive train control systems for 

20 eligible recipients. 

21 ‘‘(B) An eligible entity specified in para22 graph (4)(A) may not receive funding under 

23 this subsection for the following activities: 

24 ‘‘(i) The procurement of radio fre25 quency spectrum. 


dlhill on DSK7TPTVN1PROD with BILLS
499 

•HR 4834 IH

1 ‘‘(ii) Positive train control-related 

2 costs of any entity not listed in paragraph 

3 (3), such as wayside positive train control 

4 system components on track segments 

5 owned by a Class I freight railroad and 

6 over which commuter rail passenger trans7 portation is regularly provided. 

8 ‘‘(5) PROJECT SELECTION CRITERIA.—The Sec9 retary, in selecting the recipients of grants for eligi10 ble projects under paragraph (4), shall consider the 

11 following: 

12 ‘‘(A) The scope of positive train control 

13 system components necessary to comply with 

14 section 20157 of this title, including the num15 ber of locomotives owned by the eligible recipi16 ent, the number of wayside miles owned by the 

17 eligible recipient, the number of positive train 

18 control systems with which the eligible recipi19 ent’s positive train control system must be 

20 interoperable; the scale of the communications 

21 infrastructure the eligible recipient requires to 

22 support positive train control system operations; 

23 and the number of modifications to dispatching 

24 and back office systems required to support 

25 positive train control system operations. 


dlhill on DSK7TPTVN1PROD with BILLS
500 

•HR 4834 IH

1 ‘‘(B) The extent to which the applicant has 

2 demonstrated a clear need for Federal financial 

3 assistance. 

4 ‘‘(C) The overall completeness and quality 

5 of the application, including the comprehensive6 ness of its supporting documentation. 

7 ‘‘(D) The extent of prior positive train con8 trol implementation activities. 

9 ‘‘(E) Any other relevant factors as deter10 mined by the Secretary. 

11 ‘‘(6) FEDERAL SHARE OF PROJECT COSTS.— 

12 ‘‘(A) TOTAL PROJECT COST.—The Sec13 retary shall estimate the total cost of a project 

14 under this subsection based on engineering 

15 studies, studies of economic feasibility, environ16 mental analyses, and information on the ex17 pected use of equipment or facilities. 

18 ‘‘(B) FEDERAL SHARE.—The Federal 

19 share of total project costs for grants provided 

20 under this subsection shall not exceed 80 per21 cent of the total project cost. 

22 ‘‘(C) MATCH CREDIT.—The non-Federal 

23 share requirement may be met in whole or in 

24 part by eligible expenditures by the railroad 

25 carrier made subsequent to October 16, 2008, 


dlhill on DSK7TPTVN1PROD with BILLS
501 

•HR 4834 IH

1 excluding costs related to the lease or acquisi2 tion of radio frequency spectrum. 

3 ‘‘(d) LOCAL RAIL FACILITIES AND SAFETY.— 

4 ‘‘(1) OBJECTIVE.—The objective of the local 

5 rail facilities and safety program under this sub6 section is to mitigate the impacts of railroad oper7 ations in local communities, through improvements 

8 to highway-rail grade crossings, upgrades to short9 line railroad infrastructure, rail line relocation and 

10 improvement projects, and training and technical as11 sistance to local governments. 

12 ‘‘(2) AUTHORITY.—The Secretary is authorized 

13 to provide grants under this subsection to eligible re14 cipients (as described in paragraph (3)) for eligible 

15 freight capacity projects (as described in paragraph 

16 (4)). A grant may be used to pay all or a portion 

17 of the subsidy and administrative costs of projects 

18 eligible for Federal credit assistance under the Rail19 road Revitalization and Regulatory Reform Act of 

20 1976 (Public Law 94–210) (45 U.S.C. 801 et seq.) 

21 for a capital project to improve short-line railroad 

22 infrastructure. 

23 ‘‘(3) ELIGIBLE RECIPIENTS.—Entities eligible 

24 for funding under this subsection include the fol25 lowing: 


dlhill on DSK7TPTVN1PROD with BILLS
502 

•HR 4834 IH

1 ‘‘(A) A State. 

2 ‘‘(B) A group of States. 

3 ‘‘(C) An Interstate Compact. 

4 ‘‘(D) A Regional Rail Development Au5 thority, as defined in chapter 289 of this title. 

6 ‘‘(E) A local government. 

7 ‘‘(F) A metropolitan planning organization. 

8 ‘‘(G) A group of metropolitan planning or9 ganizations. 

10 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 

11 receive grants under this subsection include the fol12 lowing: 

13 ‘‘(A) A capital project to mitigate the im14 pacts of rail infrastructure and operations on a 

15 local community, including rail line relocation 

16 and improvement and improving the safety of, 

17 or eliminating hazards at, a highway-rail grade 

18 crossing. 

19 ‘‘(B) A capital project to improve short20 line railroad infrastructure. 

21 ‘‘(C) Training and technical assistance to 

22 help local governments better understand how 

23 to coordinate with railroads on operations and 

24 safety issues, and how to integrate railroad 


dlhill on DSK7TPTVN1PROD with BILLS
503 

•HR 4834 IH

1 issues into land use and transportation plan2 ning processes. 

3 ‘‘(5) PROJECT SELECTION CRITERIA.—In se4 lecting the recipients of grants for freight capacity 

5 projects under this subsection, the Secretary shall 

6 consider— 

7 ‘‘(A) the extent to which a proposed 

8 project— 

9 ‘‘(i) alleviates the impacts of rail oper10 ations on local neighborhoods or urbanized 

11 areas; 

12 ‘‘(ii) will result in clearly-defined pub13 lic benefits; 

14 ‘‘(iii) contributes to increasing the 

15 competitiveness and state of good repair of 

16 short line railroads; 

17 ‘‘(iv) enhances safety at critical high18 way-rail grade crossings; 

19 ‘‘(v) is compatible with local land use, 

20 economic development, and transportation 

21 plans and objectives; 

22 ‘‘(vi) includes equitable participation 

23 from other beneficiaries in the project’s fi24 nancing, including the extent to which the 


dlhill on DSK7TPTVN1PROD with BILLS
504 

•HR 4834 IH

1 project will leverage private or local gov2 ernment investments; and 

3 ‘‘(vii) will increase the reliability and 

4 resilience of the nation’s rail system; 

5 ‘‘(B) the past performance of the recipient 

6 and other beneficiaries of the project in devel7 oping and delivering rail projects; and 

8 ‘‘(C) any other relevant factors as deter9 mined by the Secretary. 

10 ‘‘(6) PLANNING REQUIREMENTS.—To be eligi11 ble for a Federal grant under this subsection, a 

12 project must be specifically identified on a State Rail 

13 Plan, as described in section 227 of this title. 

14 ‘‘(7) FEDERAL SHARE OF PROJECT COSTS.— 

15 ‘‘(A) TOTAL PROJECT COST.—The Sec16 retary shall estimate the total cost of a project 

17 under this subsection based on engineering 

18 studies, studies of economic feasibility, environ19 mental analyses, and information on the ex20 pected use of equipment or facilities. 

21 ‘‘(B) FEDERAL SHARE.—The Federal 

22 share of total project costs for grants provided 

23 under this subsection shall not exceed 80 per24 cent of the total project cost. 

25 ‘‘(e) PLANNING.— 


dlhill on DSK7TPTVN1PROD with BILLS
505 

•HR 4834 IH

1 ‘‘(1) OBJECTIVE.—The objective of the plan2 ning program under this subsection is to facilitate 

3 the development of comprehensive plans to guide fu4 ture investments in the nation’s rail systems and to 

5 develop the workforce necessary to advance Amer6 ica’s rail industry. 

7 ‘‘(2) AUTHORITY.—The Secretary is authorized 

8 to provide grants under this subsection to eligible re9 cipients (as described in paragraph (3)) for eligible 

10 planning projects (as described in paragraph (4)). 

11 ‘‘(3) ELIGIBLE RECIPIENTS.—Entities eligible 

12 for funding under this subsection include the fol13 lowing: 

14 ‘‘(A) A State. 

15 ‘‘(B) A group of States. 

16 ‘‘(C) An Interstate Compact. 

17 ‘‘(D) A Regional Rail Development Au18 thority as defined in chapter 289 of this title. 

19 ‘‘(E) A public agency or publicly-chartered 

20 authority established by one or more States and 

21 having responsibility for providing high-speed or 

22 intercity passenger rail service. 

23 ‘‘(F) A local government. 

24 ‘‘(G) A metropolitan planning organiza25 tion. 


dlhill on DSK7TPTVN1PROD with BILLS
506 

•HR 4834 IH

1 ‘‘(H) A group of metropolitan planning or2 ganizations. 

3 ‘‘(I) National Academy of Sciences Trans4 portation Research Board, for eligible projects 

5 described in paragraph (4)(C). 

6 ‘‘(J) Federal Railroad Administration. 

7 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 

8 receive grants under this subsection include the fol9 lowing: 

10 ‘‘(A) The preparation of new rail planning 

11 documents or any updates to existing rail plan12 ning documents including the following: 

13 ‘‘(i) A corridor or rail hub investment 

14 plan that consists of both— 

15 ‘‘(I) a corridor service develop16 ment plan or rail hub plan; and 

17 ‘‘(II) corresponding environ18 mental analyses. 

19 ‘‘(ii) A regional rail development plan, 

20 as defined in section 22602 of this title. 

21 ‘‘(iii) A State rail plan, as defined in 

22 section 22702 of this title. 

23 ‘‘(iv) Any other national, multi-State, 

24 mega-regional, or State planning activity 

25 determined by the Secretary to be necVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
507 

•HR 4834 IH

1 essary to advance the development of pas2 senger and freight rail systems. 

3 ‘‘(B) Capital upgrades to the Transpor4 tation Technology Center for the purposes of 

5 conducting research, development, testing, eval6 uation, and training for the purpose of enhanc7 ing technologies related to the design and de8 ployment of high-performance rail systems. 

9 ‘‘(C) Research conducted by the National 

10 Cooperative Rail Research Program, as estab11 lished by section 24910 of this title. 

12 ‘‘(D) Workforce development activities, co13 ordinated to the extent practical with the exist14 ing local training programs supported by the 

15 U.S. Department of Transportation, the U.S. 

16 Department of Labor, and the U.S. Depart17 ment of Education, including— 

18 ‘‘(i) interagency agreements with the 

19 Manufacturing Extension Partnership at 

20 the National Institute of Standards and 

21 Technology; 

22 ‘‘(ii) developing and deploying train23 ing and technical assistance opportunities 

24 for rail stakeholders; and 


dlhill on DSK7TPTVN1PROD with BILLS
508 

•HR 4834 IH

1 ‘‘(iii) rail-based University Transpor2 tation Centers established by section 5505 

3 of this title. 

4 ‘‘(5) PROJECT SELECTION CRITERIA.—In se5 lecting the recipients of grants for planning projects 

6 under paragraph (4)(A), the Secretary shall con7 sider— 

8 ‘‘(A) the extent to which a proposed plan9 ning project— 

10 ‘‘(i) comprehensively addresses both 

11 freight and passenger rail issues and 

12 needs; 

13 ‘‘(ii) considers high-performance rail’s 

14 role within a multimodal context; 

15 ‘‘(iii) follows a planning process that 

16 allows for meaningful incorporation of 

17 input from affected communities, local gov18 ernments, regional councils and planning 

19 organizations, railroads, transportation 

20 modal partners, environmental interests, 

21 workforce investment boards, economic de22 velopment agencies, the public, and other 

23 stakeholders, early and throughout the 

24 process; 


dlhill on DSK7TPTVN1PROD with BILLS
509 

•HR 4834 IH

1 ‘‘(iv) is integrated with other trans2 portation planning efforts; 

3 ‘‘(v) will result in the appropriate doc4 umentation and institutional support to 

5 proceed with project implementation; and 

6 ‘‘(vi) examines and evaluates non7 transportation issues that could be affected 

8 by future capital projects, including but 

9 not limited to land use, economic develop10 ment, and social equity; and 

11 ‘‘(B) Any other relevant factors as deter12 mined by the Secretary. 

13 ‘‘(6) FEDERAL SHARE OF PROJECT COSTS.— 

14 ‘‘(A) The Federal share of total project 

15 costs for a grant provided under paragraph 

16 (4)(A) shall not exceed 80 percent of the total 

17 project cost. 

18 ‘‘(B) The Federal share of total project 

19 costs for a grant or contract provided under 

20 this paragraph (4)(B)–(D) may be up to 100 

21 percent of the total project cost. 

22 ‘‘(7) FEDERALLY-LED RAIL PLANNING.—The 

23 Secretary may retain up to two percent of the funds 

24 made available under section 24602(b) of this title 

25 to facilitate the preparation of national planning 


dlhill on DSK7TPTVN1PROD with BILLS
510 

•HR 4834 IH

1 tools and analyses, multi-State regional rail plans, 

2 and service development plans and related environ3 mental reviews for corridors located in multiple 

4 States. 

5 ‘‘§ 24606. Oversight 

6 ‘‘(a) AUTHORITY.— 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) CURRENT PASSENGER RAIL SERVICE

9 PROGRAM.—The Secretary of Transportation 

10 may expend up to one-half percent of the funds 

11 made available each fiscal year under section 

12 24602(a) of this title to conduct oversight of 

13 and to provide training and technical assistance 

14 for the current passenger rail service program. 

15 ‘‘(B) RAIL SERVICE IMPROVEMENT PRO16 GRAM.—The Secretary of Transportation may 

17 expend up to 1 percent of the funds made avail18 able each fiscal year under section 24602(b) of 

19 this title to conduct oversight, training and 

20 technical assistance, and project evaluations 

21 and assessments for the rail service improve22 ment program. 

23 ‘‘(2) PAYMENT.—The Federal share of a con24 tract under this subsection shall be 100 percent. 

25 ‘‘(b) PROJECT MANAGEMENT OVERSIGHT.— 


dlhill on DSK7TPTVN1PROD with BILLS
511 

•HR 4834 IH

1 ‘‘(1) PROCEDURES.—The Secretary shall de2 velop and implement oversight procedures to monitor 

3 the effective and efficient use of funds appropriated 

4 under this chapter. These procedures shall include 

5 such measures as the Secretary deems necessary to 

6 identify, mitigate, and monitor risks to successful 

7 delivery of projects. These procedures may include— 

8 ‘‘(A) entering into contracts for safety, 

9 procurement, management, and financial com10 pliance reviews, audits, and reports of a recipi11 ent of funds appropriated under this chapter; 

12 ‘‘(B) conducting site visits to review the 

13 progress and implementation of projects under 

14 this chapter; and 

15 ‘‘(C) establishing field offices to oversee 

16 projects and to provide project delivery assist17 ance to the recipients of financial assistance 

18 under this chapter. 

19 ‘‘(2) ACCESS.—Each recipient of financial as20 sistance under this chapter shall provide the Sec21 retary or the Secretary’s designee, including a con22 tractor the Secretary chooses under paragraph 

23 (1)(A) of this subsection, with access to the con24 struction sites and records of the recipient when rea25 sonably necessary. 


dlhill on DSK7TPTVN1PROD with BILLS
512 

•HR 4834 IH

1 ‘‘(c) PROJECT EVALUATION AND ASSESSMENT.—The 

2 Secretary shall develop and implement procedures for eval3 uating the implementation of projects receiving funds 

4 made available under sections 24602(b) of this title and 

5 assessing the extent to which these projects achieved in6 tended outcomes and public benefits. These procedures 

7 may include— 

8 ‘‘(1) establishing criteria to guide the selection 

9 of grants under section 24602(b) for individual as10 sessments; 

11 ‘‘(2) identifying, collecting, and analyzing 

12 standardized data and metrics related to grant ap13 plications under section 24602 (b) and (c), and to 

14 the implementation, outcomes, and public benefits of 

15 projects receiving grants under section 24602(b); 

16 ‘‘(3) performing a national evaluation of overall 

17 program results and outcomes under section 

18 24602(b); 

19 ‘‘(4) undertaking statistical and cost-benefit 

20 analyses to identify strategies for maximizing return 

21 on investment of Federal funding in rail research, 

22 planning, and construction; and 

23 ‘‘(5) entering into grants or contracts for the 

24 purpose of carrying out the procedures established 

25 under this paragraph. 


dlhill on DSK7TPTVN1PROD with BILLS
513 

•HR 4834 IH

1 ‘‘(d) TRAINING AND TECHNICAL ASSISTANCE.—The 

2 Secretary shall develop and implement procedures to pro3 vide training and technical assistance to grantees and 

4 other stakeholders in order to ensure the effective and effi5 cient use of funds appropriated under this chapter. 

6 ‘‘(e) PROJECT DELIVERY DOCUMENTATION.—To re7 ceive Federal financial assistance for a project under this 

8 chapter, an applicant shall prepare project delivery docu9 mentation, which may include the following: 

10 ‘‘(1) A project management plan. 

11 ‘‘(2) A financial plan. 

12 ‘‘(3) A system safety plan. 

13 ‘‘(4) Agreements between the project sponsor(s) 

14 and all relevant entities. 

15 ‘‘(5) A project risk management plan. 

16 ‘‘(6) Other documents identified by the Sec17 retary as relevant to carrying out project manage18 ment oversight activities under this section. 

19 ‘‘§ 24607. Financial assistance conditions 

20 ‘‘(a) FINANCIAL ASSISTANCE CONDITIONS.—The 

21 Secretary shall require, as a condition of making any fi22 nancial assistance under section 24605, that such finan23 cial assistance shall comply with section 24405 (b), (c), 

24 (d), and (e) of this title, as amended, in the same manner 

25 that funding under chapter 244 of part C of subtitle V 


dlhill on DSK7TPTVN1PROD with BILLS
514 

•HR 4834 IH

1 of this title is required to comply with section 24405 (b), 

2 (c), (d), and (e) of this title. 

3 ‘‘(b) LOCAL HIRING.— 

4 ‘‘(1) IN GENERAL.—A recipient of assistance 

5 may advertise, post job opportunities on State job 

6 banks and with One Stop centers established under 

7 the Workforce Investment Act, and award a contract 

8 for construction containing requirements for the em9 ployment of individuals residing in or adjacent to 

10 any of the areas in which the work is to be per11 formed is for construction work required under the 

12 contract, provided that— 

13 ‘‘(A) all or part of the construction work 

14 performed under the contract occurs in an area 

15 that has— 

16 ‘‘(i) a per capita income of 80 percent 

17 or less of the national average; or 

18 ‘‘(ii) an unemployment rate that is for 

19 the most recent 24-month period for which 

20 data are available at least 1 percent great21 er than the national average unemploy22 ment rate; 

23 ‘‘(B) the estimated cost of the project of 

24 which the contract is a part is greater than $10 

25 million; 


dlhill on DSK7TPTVN1PROD with BILLS
515 

•HR 4834 IH

1 ‘‘(C) the recipient may not require the hir2 ing of individuals who do not have the nec3 essary skills to perform work in any craft or 

4 trade, except for individuals who are subject to 

5 a apprenticeship program or other training pro6 gram meeting the requirements of subsection 

7 24605(e) of this title; and 

8 ‘‘(D) the award of such a contract com9 plies with agreements subject to the Railway 

10 Labor Act (45 U.S.C. 151–188), if applicable. 

11 ‘‘(2) ADVERTISEMENT.—In advertising an 

12 awarding a contract under this subsection, the Sec13 retary or a recipient of assistance shall ensure that 

14 the requirements contained in the advertisement 

15 would not— 

16 ‘‘(A) compromise the quality of the project; 

17 ‘‘(B) unreasonably delay the completion of 

18 the project; or 

19 ‘‘(C) unreasonably increase the cost of the 

20 project. 

21 ‘‘(3) AVAILABLE PROGRAMS.—The Secretary 

22 shall make available to recipients the workforce de23 velopment and training programs set forth in section 

24 24605(e)(4)(D)(ii) of this title to assist recipients 

25 who wish to establish training programs that satisfy 


dlhill on DSK7TPTVN1PROD with BILLS
516 

•HR 4834 IH

1 the provisions of subsection (b)(1)(C). The Secretary 

2 of Labor shall make available its qualifying work3 force and training development programs to recipi4 ents who wish to establish training programs that 

5 satisfy the provisions of section (b)(1)(C).’’. 

6 (b) CONFORMING AMENDMENT.—The chapter anal7 ysis for subtitle V is amended by inserting the following 

8 after the item relating to chapter 244: 

‘‘246. National High-Performance Rail System .....................24601’’. 

9 SEC. 9103. AMTRAK 5-YEAR BUSINESS PLANNING. 

10 (a) AMTRAK 5-YEAR BUSINESS LINE AND CAPITAL

11 ASSET PLANS.—Part C of subtitle V is amended by in12 serting the following new section after section 24316: 

13 ‘‘§ 24317. Amtrak 5-year business line and capital 

14 asset plans 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) DRAFT PLANS.—Not later than July 1 of 

17 each year, Amtrak shall submit to the Secretary of 

18 Transportation draft 5-year business line plans and 

19 draft 5-year capital asset plans prepared in accord20 ance with this section. Each draft plan shall include 

21 information on historical performance, the subse22 quent base fiscal year, and the 5-year period that 

23 begins with the second full fiscal year after the sub24 mission. Amtrak shall, in consultation with the SecVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
517 

•HR 4834 IH

1 retary of Transportation, revise the draft plans, as 

2 appropriate. 

3 ‘‘(2) FINAL PLANS.—Not later than February 

4 15 of each year, Amtrak shall submit to Congress 

5 and the Secretary of Transportation 5-year business 

6 line plans prepared in accordance with this section. 

7 These plans shall form the basis for Amtrak’s gen8 eral and legislative annual report to the President 

9 and Congress required by subsection 24315(b) of 

10 this title. 

11 ‘‘(3) UPDATED PLANS.—Amtrak shall submit 

12 updated 5-year business line plans to Congress and 

13 the Secretary of Transportation no later than 60 

14 days after the date of enactment of an appropria15 tions Act for the fiscal year. The updated plan shall 

16 reflect the actual appropriations levels or obligation 

17 limits for that fiscal year, and any corresponding ad18 justments to the subsequent fiscal years. Amtrak 

19 shall submit updated 5-year capital asset plans to 

20 the Secretary of Transportation no later than 60 

21 days after the date of enactment of an appropria22 tions Act for the fiscal year. 

23 ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 


dlhill on DSK7TPTVN1PROD with BILLS
518 

•HR 4834 IH

1 ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall 

2 prepare a 5-year business line plan for each of the 

3 following business lines: 

4 ‘‘(A) Northeast Corridor, as defined by 

5 section 24102(5)(A). 

6 ‘‘(B) State corridors, as defined by section 

7 24102(5)(D). 

8 ‘‘(C) Long-distance routes, as defined by 

9 section 24102(5)(C). 

10 ‘‘(D) National assets. 

11 ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE

12 PLANS.—The 5-year business line plan for each busi13 ness line shall include, at a minimum: 

14 ‘‘(A) A statement of Amtrak’s vision, 

15 goals, and objectives for the business line, co16 ordinated with any entities that are contrib17 uting capital or operating funding to support 

18 passenger rail services within those business 

19 lines, and aligned with Amtrak’s Strategic Plan. 

20 ‘‘(B) All projected revenues and expendi21 tures for the business line, including identifica22 tion of revenues and expenditures incurred by— 

23 ‘‘(i) passenger operations; 


dlhill on DSK7TPTVN1PROD with BILLS
519 

•HR 4834 IH

1 ‘‘(ii) non-passenger operations that 

2 are directly related to the business line, in3 cluding all ancillary business activities; and 

4 ‘‘(iii) governmental funding sources, 

5 including revenues and other funding re6 ceived from States. 

7 ‘‘(C) Projected ridership levels for all pas8 senger operations. 

9 ‘‘(D) A prioritized list of capital projects, 

10 including identified funding sources, that is 

11 aligned with the Five-Year Capital Asset Plans 

12 described in subsection (c). 

13 ‘‘(E) Estimates of long-term and short14 term debt and associated principal and interest 

15 payments (both current and forecasts). 

16 ‘‘(F) Annual profit and loss statements 

17 and forecasts and balance sheets. 

18 ‘‘(G) Annual cash flow forecasts. 

19 ‘‘(H) A statement describing the meth20 odologies and significant assumptions under21 lying estimates and forecasts. 

22 ‘‘(I) Specific performance measures that 

23 demonstrate measurable improvement year over 

24 year in the financial results of Amtrak’s oper25 ations. 


dlhill on DSK7TPTVN1PROD with BILLS
520 

•HR 4834 IH

1 ‘‘(J) Financial performance for each route 

2 within each business line, including descriptions 

3 of the cash operating loss and labor produc4 tivity for each route. 

5 ‘‘(K) Specific costs and savings estimates 

6 resulting from reform initiatives. 

7 ‘‘(L) Prior fiscal year and projected equip8 ment reliability statistics, in coordination with 

9 the equipment capital asset plan. 

10 ‘‘(M) Identification and explanation of any 

11 adjustments made from previously approved 

12 plans. 

13 ‘‘(3) FIVE-YEAR BUSINESS LINE PLANS PROC14 ESS.—In meeting the requirements of this section, 

15 Amtrak shall— 

16 ‘‘(A) coordinate with the development of 

17 the capital asset plans described in subsection 

18 (c) and ensure integration of each 5-year busi19 ness line plan with the 5-year capital asset 

20 plans; 

21 ‘‘(B) for the Northeast Corridor business 

22 line plan, coordinate with the Northeast Cor23 ridor Infrastructure and Operations Advisory 

24 Commission, States, freight railroads, and comVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
521 

•HR 4834 IH

1 muter operators that access Northeast Corridor 

2 infrastructure; and 

3 ‘‘(C) ensure that Amtrak’s annual budget 

4 request to Congress is consistent with the infor5 mation in the 5-year business line plans. 

6 ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA7 BILITY.—In meeting the requirements of subsection 

8 (b) of this section, Amtrak shall— 

9 ‘‘(A) apply sound budgetary practices; and 

10 ‘‘(B) use the categories specified in the fi11 nancial accounting and reporting system devel12 oped under section 203 of Division B of Public 

13 Law 110–432 when preparing its 5-year busi14 ness plans. 

15 ‘‘(c) AMTRAK 5-YEAR CAPITAL ASSET PLANS.— 

16 ‘‘(1) CAPITAL ASSET CATEGORIES.—Amtrak 

17 shall prepare a 5-year capital asset plan for each of 

18 the following capital asset categories: 

19 ‘‘(A) Infrastructure, including all North20 east Corridor assets and other Amtrak-owned 

21 infrastructure, and the associated engineering 

22 facilities that support the maintenance and im23 provement of those assets. 

24 ‘‘(B) Passenger rail equipment, including 

25 all rolling stock, locomotives, and mechanical 


dlhill on DSK7TPTVN1PROD with BILLS
522 

•HR 4834 IH

1 shop facilities that are used to overhaul equip2 ment. 

3 ‘‘(C) Stations, including all Amtrak-served 

4 passenger rail stations. 

5 ‘‘(D) Corporate, including assets such as 

6 information technology, training centers, and 

7 other capital items that support the national 

8 passenger rail system. 

9 ‘‘(2) CONTENTS OF 5-YEAR CAPITAL ASSET

10 PLANS.—Each capital asset plan shall include, at a 

11 minimum— 

12 ‘‘(A) a summary of Amtrak’s 5-year stra13 tegic plan for each asset category, including 

14 goals, objectives, any relevant performance 

15 metrics, and statutory or regulatory actions af16 fecting the assets; 

17 ‘‘(B) an inventory of existing Amtrak cap18 ital assets, including information regarding 

19 shared use or ownership, where applicable; and 

20 ‘‘(C) a prioritized list of proposed capital 

21 investments that— 

22 ‘‘(i) categorizes each capital project as 

23 being primarily associated with— 

24 ‘‘(I) normalized capital replace25 ment; 


dlhill on DSK7TPTVN1PROD with BILLS
523 

•HR 4834 IH

1 ‘‘(II) backlog capital replace2 ment; 

3 ‘‘(III) improvements to support 

4 service enhancements or growth; or 

5 ‘‘(IV) strategic initiatives that 

6 will improve overall operational per7 formance, lower costs, or otherwise 

8 improve Amtrak’s corporate efficiency; 

9 ‘‘(ii) identifies the anticipated funding 

10 source for each capital project; 

11 ‘‘(iii) describes the anticipated busi12 ness outcomes of each project, including: 

13 an assessment of the potential effect on 

14 passenger operations, safety, reliability and 

15 resilience, and on Amtrak’s ability to meet 

16 regulatory requirements should the project 

17 not be funded; and an assessment of the 

18 benefits and costs; 

19 ‘‘(iv) identifies where the capital as20 sets are or will be jointly used by intercity 

21 passenger rail service and other users, and 

22 that identifies the proportionate share of 

23 this joint usage; and 

24 ‘‘(v) for projects that are expected to 

25 be fully or partially funded through FedVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
524 

•HR 4834 IH

1 eral grants, identifies the most appropriate 

2 public agency or entity to receive those 

3 funds and implement each capital project, 

4 in cases where that entity is not Amtrak. 

5 ‘‘(3) 5-YEAR CAPITAL ASSET PLAN PROCESS.— 

6 In meeting the requirements of subsection (c) of this 

7 section, Amtrak shall— 

8 ‘‘(A) coordinate with the development of 

9 the business lines described in subsection (b)(1) 

10 of this section and ensure integration of each 5- 

11 year capital asset plan with the 5-year business 

12 line plans; and 

13 ‘‘(B) for the infrastructure capital asset 

14 plan described in subsection (c)(1)(A) of this 

15 section, coordinate with the Northeast Corridor 

16 Infrastructure and Operations Advisory Com17 mission, States, freight railroads, and com18 muter operators that access Northeast Corridor 

19 infrastructure.’’. 

20 (b) IDENTIFICATION OF DUPLICATIVE REPORTING

21 REQUIREMENTS.— 

22 (1) The Secretary shall review existing Amtrak 

23 reporting requirements and identify where these re24 quirements are duplicative with the business line and 

25 capital asset plans required by this section. 


dlhill on DSK7TPTVN1PROD with BILLS
525 

•HR 4834 IH

1 (2) Where duplicative reporting requirements 

2 are administrative, the Secretary shall eliminate 

3 such duplicative requirements. 

4 (3) The Secretary shall submit a report to Con5 gress with any recommendations for repealing dupli6 cative Amtrak reporting requirements. 

7 SEC. 9104. CLARIFICATION OF GRANT CONDITIONS. 

8 (a) RAIL CARRIERS.—Section 24405(b) is amend9 ed— 

10 (1) by striking the title and inserting: 

11 ‘‘(b) OPERATORS AND CERTAIN RAILROAD TRANS12 PORTATION SERVICE PROVIDERS DEEMED RAIL CAR13 RIERS AND EMPLOYERS FOR CERTAIN PURPOSES.—(1)’’; 

14 (2) after ‘‘operations over’’ by inserting ‘‘, or 

15 that performs dispatching, maintenance of way, or 

16 signal system work for, or in support of, rail oper17 ations that is work performed by employees in crafts 

18 and classes recognized by the National Mediation 

19 Board on,’’; 

20 (3) by replacing ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’ with 

21 ‘‘(A)’’, ‘‘(B)’’, and ‘‘(C)’’; and 

22 (4) by inserting at the end the following: 

23 ‘‘(2) Notwithstanding subsection (b) of this sec24 tion— 


dlhill on DSK7TPTVN1PROD with BILLS
526 

•HR 4834 IH

1 ‘‘(A) an employer engaged primarily in the 

2 building and construction industry, as that 

3 term is used in section 8(f) of the National 

4 Labor Relations Act, which is performing work 

5 as a contractor for a rail carrier shall not itself 

6 be considered a rail carrier solely as a result of 

7 performance of that work; 

8 ‘‘(B) an employer performing work as a 

9 contractor or subcontractor consistent with a 

10 collective bargaining agreement covering the 

11 railroad that owns rail infrastructure con12 structed or improved with funding provided in 

13 whole or in part in a grant made under this 

14 chapter shall not itself be considered a rail car15 rier solely as a result of performance of that 

16 work; and 

17 ‘‘(C) an employer performing work as a 

18 contractor for an operator in accordance with a 

19 collective bargaining agreement reached by the 

20 operator and a union representing employees in 

21 a craft or class recognized by the National Me22 diation Board covering work performed by that 

23 craft or class shall not itself be considered a rail 

24 carrier solely as a result of performance of that 

25 work.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
527 

•HR 4834 IH

1 (b) GRANT CONDITIONS.—Section 24405(c) is 

2 amended— 

3 (1) by striking ‘‘railroad’’ and inserting ‘‘rail4 road or used by a railroad for common carrier serv5 ice’’; and 

6 (2) in subsection (c)(2), by striking ‘‘comply’’ 

7 and inserting ‘‘assure compliance’’. 

8 SEC. 9105. RESEARCH AND DEVELOPMENT. 

9 (a) RESEARCH, DEVELOPMENT, TESTING, AND

10 TRAINING.—Section 20108(a) is amended by inserting ‘‘, 

11 operations, and technology’’ after the word ‘‘safety’’. 

12 (b) TECHNICAL CORRECTION.—Section 24910 is 

13 amended by striking subsection (e). 

14 SEC. 9106. MISCELLANEOUS REVISIONS. 

15 (a) AMTRAK INDEBTEDNESS.—Division B of Public 

16 Law 110–432, the Passenger Rail Investment and Im17 provement Act of 2008, is amended— 

18 (1) by repealing section 204; and 

19 (2) by revising section 205(a) to read as fol20 lows: 

21 ‘‘(a) IN GENERAL.—The Secretary of the Treasury, 

22 in consultation with the Secretary and Amtrak, may make 

23 agreements to restructure Amtrak’s indebtedness as of the 

24 date of enactment of this Act. This authorization expires 

25 on September 30, 2018.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
528 

•HR 4834 IH

1 (b) CRIMINAL PENALTIES.—Section 21311 is amend2 ed as follows: 

3 (1) Subsection (a) is amended by deleting ‘‘and 

4 willfully’’. 

5 (2) The following is inserted at the end: 

6 ‘‘(c) CRIMINAL PENALTY.—A person who knowingly 

7 violates a provision of this chapter shall, if the violator’s 

8 activities have led or could have led to death or serious 

9 injury, be fined under title 18, imprisoned for not more 

10 than 5 years, or both.’’. 

11 Subtitle B—Policy 

12 SEC. 9201. REGIONAL RAIL DEVELOPMENT AUTHORITIES. 

13 (a) IN GENERAL.—Part E of subtitle V is amended 

14 by inserting the following after chapter 287: 

15 ‘‘CHAPTER 289—REGIONAL RAIL 

16 DEVELOPMENT AUTHORITIES 

‘‘Sec. 

‘‘28901. Authority and objectives. 

‘‘28902. Structure. 

‘‘28903. Activities. 

17 ‘‘§ 28901. Authority and objectives 

18 ‘‘(a) AUTHORITY.—The Secretary, in consultation 

19 with State governors, is authorized to establish Regional 

20 Rail Development Authorities (hereafter referred to as 

21 ‘RRDAs’) to facilitate the development of multi-State 

22 high-performance rail services and to coordinate these inVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
529 

•HR 4834 IH

1 vestments with other rail, transit, highway, and aviation 

2 system services. 

3 ‘‘(b) OBJECTIVES.—The objectives of RRDAs are as 

4 follows: 

5 ‘‘(1) To establish multi-State public entities 

6 that have the authority to plan and develop high7 speed and intercity passenger rail infrastructure and 

8 services within regions, in coordination with other 

9 planning and investment efforts in the region’s 

10 freight rail, transit, highway, and aviation infra11 structure. 

12 ‘‘(2) To develop and implement Regional Rail 

13 Development Plans that are consistent with the 

14 framework established in the National Passenger 

15 Rail Development Plan, including establishing a 

16 structure for State- and corridor-level planning ef17 forts. 

18 ‘‘(3) To support the prioritization of intercity 

19 passenger rail investments, taking into consideration 

20 the most logical, efficient, and cost-effective ap21 proach for developing the regional passenger rail 

22 network. 

23 ‘‘(4) To facilitate interoperability and integra24 tion across corridors and States within regions. 


dlhill on DSK7TPTVN1PROD with BILLS
530 

•HR 4834 IH

1 ‘‘§ 28902. Structure 

2 ‘‘(a) GOVERNANCE.— 

3 ‘‘(1) EXECUTIVE DIRECTOR.— 

4 ‘‘(A) APPOINTMENT.—An RRDA shall be 

5 administered by an Executive Director who is 

6 appointed by the Secretary. 

7 ‘‘(B) SUPERVISION.—The Executive Direc8 tor shall be subject to the supervision and direc9 tion of the Secretary consistent with the Execu10 tive Director’s responsibilities and other re11 quirements established in this chapter. 

12 ‘‘(C) EXPERTISE.—The Executive Director 

13 shall have demonstrated expertise in the fol14 lowing three areas: 

15 ‘‘(i) Passenger or freight rail oper16 ations. 

17 ‘‘(ii) Transportation or infrastructure 

18 planning. 

19 ‘‘(iii) Project, public, or corporate fi20 nance. 

21 ‘‘(D) AUTHORITY.—The Executive Direc22 tor shall be the chief executive officer of the 

23 RRDA, with such executive functions, powers, 

24 and duties as may be prescribed by this chapter 

25 or otherwise by the Secretary. 


dlhill on DSK7TPTVN1PROD with BILLS
531 

•HR 4834 IH

1 ‘‘(E) RESPONSIBILITY.—The Executive Di2 rector shall have responsibility for the day-to3 day operations of the RRDA. In addition to the 

4 other activities required to carry out the au5 thorities and purposes of the RRDA as set 

6 forth in this chapter, the Executive Director 

7 shall— 

8 ‘‘(i) establish and maintain a pas9 senger rail corridor development and deliv10 ery capability that consists of qualified 

11 transportation infrastructure planning, fi12 nancing, and construction professionals di13 rected to develop and deliver projects that 

14 are consistent with the strategy and objec15 tives set forth in the Regional Rail Devel16 opment Plan; and 

17 ‘‘(ii) establish and maintain a tech18 nical assistance capability at the RRDA 

19 that consists of a staff of qualified project 

20 management professionals directed to as21 sist other entities within the region that 

22 are implementing high-speed and intercity 

23 passenger rail projects. 

24 ‘‘(2) REGIONAL COMMITTEE.— 


dlhill on DSK7TPTVN1PROD with BILLS
532 

•HR 4834 IH

1 ‘‘(A) ESTABLISHMENT.—There is estab2 lished within the RRDA a deliberative body to 

3 be known as the ‘Regional Committee’. 

4 ‘‘(B) MEMBERSHIP.—The membership of 

5 the Regional Committee may be established and 

6 maintained as follows: 

7 ‘‘(i) Governors or their designees from 

8 all States in the region. 

9 ‘‘(ii) Other individuals and organiza10 tions the Secretary determines have a sig11 nificant interest in rail issues in the region. 

12 ‘‘(C) CONSULTATION.—The Regional Com13 mittee shall consult with— 

14 ‘‘(i) elected officials and other commu15 nity leaders in cities or counties affected 

16 by high-speed or intercity passenger rail 

17 projects; 

18 ‘‘(ii) economic development bodies; 

19 ‘‘(iii) business leaders in the region; 

20 ‘‘(iv) freight carriers with operations 

21 in the region; 

22 ‘‘(v) commuter rail agencies with op23 erations in the region; 

24 ‘‘(vi) rail labor; 


dlhill on DSK7TPTVN1PROD with BILLS
533 

•HR 4834 IH

1 ‘‘(vii) regional transportation and air 

2 quality planning agencies; and 

3 ‘‘(viii) other individuals or organiza4 tions that the Regional Committee deter5 mines would provide valuable input into 

6 the Committee’s deliberations. 

7 ‘‘(D) RESPONSIBILITIES.—The Regional 

8 Committee shall be responsible for carrying out 

9 the following: 

10 ‘‘(i) Proposing to the Secretary the 

11 Regional Rail Development Plan within 

12 one year of the RRDA’s establishment and 

13 making recommendations to the Secretary 

14 for biennial updates. 

15 ‘‘(ii) Evaluating Service Development 

16 Plans and investment plans and related 

17 materials or other analyses prepared by 

18 the Executive Director for use in sup19 porting applications to the Secretary for 

20 Federal financial assistance and providing 

21 the Secretary with recommendations or 

22 written objections to the Plan and related 

23 materials as appropriate. 

24 ‘‘(iii) Making recommendations to the 

25 Secretary for the selection of private sector 


dlhill on DSK7TPTVN1PROD with BILLS
534 

•HR 4834 IH

1 partners for designing, constructing, oper2 ating, or maintaining a corridor. 

3 ‘‘(iv) Evaluating and making rec4 ommendations to the Secretary for the 

5 RRDA’s Annual Report. 

6 ‘‘(v) Making recommendations to the 

7 Secretary concerning the powers outlined 

8 in section 28903 of this title. 

9 ‘‘(E) MAJORITY VOTE.—An action or deci10 sion by the Regional Committee shall be by ma11 jority vote of all members, whether in person or 

12 in absentia. Each member shall be provided a 

13 reasonable opportunity to vote on all matters 

14 before the Regional Committee. 

15 ‘‘(F) PUBLICLY ACCESSIBLE MEETINGS.— 

16 All meetings of the Regional Committee shall be 

17 publicly-accessible, and the Regional Committee 

18 shall also provide regular updates and informa19 tion on a publicly-accessible Web site. 

20 ‘‘(b) EXEMPTION FROM FEDERAL ADVISORY COM21 MITTEE ACT.—The Federal Advisory Committee Act shall 

22 not apply to Regional Rail Development Authorities. 

23 ‘‘§ 28903. Activities 

24 ‘‘(a) CORRIDOR DEVELOPMENT POWERS.—Regional 

25 Rail Development Authorities established pursuant to this 


dlhill on DSK7TPTVN1PROD with BILLS
535 

•HR 4834 IH

1 chapter shall have the power to undertake the following 

2 corridor development activities: 

3 ‘‘(1) Planning for Core Express Corridors, Re4 gional Corridors, and Feeder Corridors within their 

5 jurisdiction, including leading the development of the 

6 Regional Rail Development Plan described in section 

7 22602 of this title and identifying proposed corridor 

8 alignments and station locations. 

9 ‘‘(2) Planning that addresses transportation 

10 issues and infrastructure investments for more effi11 cient movement of people and goods through and 

12 among corridors, including consideration of the most 

13 cost-effective transportation investments to address 

14 a specific region’s or corridor’s transportation needs 

15 for both people and goods. 

16 ‘‘(3) Preparing engineering studies, environ17 mental and health analyses, project management 

18 plans, financial plans, service development plans and 

19 other documentation necessary for developing and 

20 delivering new or improved high-speed or intercity 

21 passenger rail services. 

22 ‘‘(4) Receiving, managing, and expending Fed23 eral financial assistance, including taking responsi24 bility for all relevant reporting or other requirements 

25 associated with that financial assistance. 


dlhill on DSK7TPTVN1PROD with BILLS
536 

•HR 4834 IH

1 ‘‘(5) Coordinating the financing package for 

2 project development and delivery, including struc3 turing and overseeing Federal, State, and local fi4 nancial assistance funds, and private-sector con5 tributions. 

6 ‘‘(6) Leading construction-related activities for 

7 developing the corridor, including issuing requests 

8 for proposals/qualifications, managing contractors, 

9 entering into contracts with public and private enti10 ties for construction of the corridor, and other re11 lated activities. 

12 ‘‘(7) Acquiring and preserving right-of-way for 

13 dedicated corridors. 

14 ‘‘(8) Providing for or supporting negotiations 

15 with infrastructure owners for new or improved 

16 shared-use passenger rail corridors. 

17 ‘‘(9) Issuing requests for proposals for projects 

18 for the financing, design, construction, operation, 

19 and/or maintenance of a high-speed intercity pas20 senger rail system operating within the RRDA’s ju21 risdictions that shall include those items described in 

22 paragraph (a)(4) of section 502 of Division B of 

23 Public Law 110–432. 

24 ‘‘(b) FUNDING ELIGIBILITY.—Regional Rail Develop25 ment Authorities are eligible to receive Federal funding 


dlhill on DSK7TPTVN1PROD with BILLS
537 

•HR 4834 IH

1 under the Rail Service Improvement Program, as de2 scribed in section 24605 of this title.’’. 

3 (b) RELATED AMENDMENT.—The analysis for sub4 title V is amended by inserting below the item for chapter 

5 287 the following: 

‘‘289. Authority and objectives ................................................................ 28901

‘‘ Structure ............................................................................................... 28902

‘‘ Activities ............................................................................................... 28903’’. 

6 SEC. 9202. NORTHEAST CORRIDOR INFRASTRUCTURE AND 

7 OPERATIONS ADVISORY COMMISSION. 

8 Section 24905 is amended as follows: 

9 (1) By revising paragraph (c)(1)(B) to read as 

10 follows: 

11 ‘‘(B) develop a proposed timetable for im12 plementing the formula that allows for a 

13 phased-in schedule that incorporates a reason14 able amount of time for agreements to be nego15 tiated among affected parties, provided that the 

16 formula is fully implemented no later than Sep17 tember 30, 2018.’’. 

18 (2) In paragraph (e), by striking ‘‘2013’’ and 

19 replacing with ‘‘2018’’. 

20 (3) By inserting paragraph (g) to read as fol21 lows: 

22 ‘‘(g) NORTHEAST CORRIDOR GOVERNANCE.—Not 

23 later than September 30, 2014, the Commission shall 

24 issue a report with recommendations regarding the approVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
538 

•HR 4834 IH

1 priate mechanisms for managing, improving, financing, 

2 operating, and maintaining the Northeast Corridor, in3 cluding a clear delineation of responsibilities among the 

4 Federal government, States, and Amtrak. This report 

5 shall be submitted to the Secretary, the Committee on 

6 Commerce, Science, and Transportation of the Senate, 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives.’’. 

9 SEC. 9203. STANDARDIZATION OF PASSENGER EQUIPMENT 

10 AND PLATFORMS. 

11 (a) PASSENGER PLATFORMS.—Where level-entry 

12 boarding platforms are required by law— 

13 (1) new or rebuilt passenger platforms in Con14 necticut, Delaware, Maine, Massachusetts, New 

15 Hampshire, New Jersey, New York, Rhode Island, 

16 and Vermont shall be constructed and maintained at 

17 48 inches above top of rail; 

18 (2) new or rebuilt passenger platforms in Mary19 land and Pennsylvania shall be constructed and 

20 maintained at 15 or 48 inches above top of rail, in 

21 coordination with the lowest floor height of equip22 ment serving the platform; 

23 (3) new or rebuilt platforms at Union Station 

24 in Washington, DC, shall be built and maintained to 


dlhill on DSK7TPTVN1PROD with BILLS
539 

•HR 4834 IH

1 facilitate level boarding for the equipment serving 

2 the platform; 

3 (4) all other new or rebuilt passenger rail plat4 forms shall be built and maintained at 15 inches 

5 above top of rail; and 

6 (5) it is the intent of Congress to expressly pre7 empt State and local laws, regulations and rules on 

8 passenger platform height and setback. 

9 (b) EXCEPTIONS.— 

10 (1) A railroad owner may seek an exception to 

11 the passenger platform height requirements by pre12 senting information to the Federal Railroad Admin13 istration of an actual conflict between the require14 ment and an existing piece of equipment operated 

15 past the platform location. New or rebuilt passenger 

16 rail equipment used on any route with a platform 

17 excepted under this subpart must be equipped with 

18 an onboard lift. 

19 (2) A railroad owner may seek an exception to 

20 the passenger platform height requirements by pre21 senting information to the Federal Railroad Admin22 istration that it will provide level-boarding at a 

23 height other than that provided in subsection (a). 

24 (3) A system that is in operation on the date 

25 of this enactment that provides a level-boarding platVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
540 

•HR 4834 IH

1 form at a height other than those described in sub2 section (a) may continue to provide such service. 

3 SEC. 9204. NEXT GENERATION EQUIPMENT COMMITTEE. 

4 (a) REVISIONS TO DIVISION B OF PUBLIC LAW 110– 

5 432, THE PASSENGER RAIL INVESTMENT AND IMPROVE6 MENT ACT OF 2008.—Section 305 of Division B of Public 

7 Law 110–432 is amended— 

8 (1) in subsection (a), by inserting ‘‘labor orga9 nizations that represent employees who perform 

10 overhaul and maintenance work on passenger equip11 ment used for intercity passenger rail transpor12 tation,’’ after ‘‘manufacturers,’’; 

13 (2) by redesignating paragraph (e) as para14 graph (f); and 

15 (3) by inserting new paragraph (e) to read as 

16 follows— 

17 ‘‘(e) RAIL EQUIPMENT MANAGEMENT.—Not later 

18 than December 30, 2013, the Next Generation Corridor 

19 Equipment Pool Committee shall issue a report with rec20 ommendations regarding the appropriate mechanisms for 

21 procuring, managing, and maintaining passenger rail cars 

22 and locomotives. This report shall be submitted to the Sec23 retary, the Committee on Commerce, Science, and Trans24 portation of the Senate, and the Committee on TransporVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
541 

•HR 4834 IH

1 tation and Infrastructure of the House of Representa2 tives.’’. 

3 (a) IN GENERAL.—Part E of subtitle V is amended 

4 by inserting the following after chapter 285: 

5 ‘‘CHAPTER 287—BUY AMERICA 

6 PREFERENCES 

‘‘Sec. 

‘‘28701. Buying goods produced in the United States. 

‘‘28702. Fraudulent use of ‘Made in America’ label. 

7 ‘‘§ 28701. Buying goods produced in the United States 

8 ‘‘(a) PREFERENCE.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of law, the Secretary shall not obligate any 

11 funds authorized to be appropriated to carry out 

12 subtitle V of this title and administered by the De13 partment of Transportation, nor shall the Secretary 

14 provide direct loans or loan guarantees under section 

15 502 of the Railroad Revitalization and Regulatory 

16 Reform Act of 1976 (45 U.S.C. 822), unless steel, 

17 iron, and manufactured products used in the project 

18 are produced in the United States. 

19 ‘‘(2) NON-FEDERAL FUNDS.—Notwithstanding 

20 any other provision of law, rolling stock and power 

21 train equipment (including train control, commu22 nication, traction power equipment, and rolling stock 

23 prototypes) purchased with non-Federal funds in 

24 connection with a project receiving Federal financial 


dlhill on DSK7TPTVN1PROD with BILLS
542 

•HR 4834 IH

1 assistance under subtitle V of this title or under sec2 tion 502 of the Railroad Revitalization and Regu3 latory Reform Act of 1976 (45 U.S.C. 822), shall 

4 only use steel, iron, and manufactured products pro5 duced in the United States. 

6 ‘‘(b) WAIVER.—The Secretary may waive subsection 

7 (a) of this section if the Secretary finds that— 

8 ‘‘(1) applying subsection (a) would be incon9 sistent with the public interest; 

10 ‘‘(2) such materials and products produced in 

11 the United States are not produced in a sufficient 

12 and reasonably available amount or are not of a sat13 isfactory quality; 

14 ‘‘(3) the cost of the domestic material will in15 crease the cost of the end product by more than 25 

16 percent; or 

17 ‘‘(4) when procuring rolling stock or train con18 trol systems for high-speed rail, as that term is de19 fined by section 26105(2) of this title— 

20 ‘‘(A) the rolling stock and train control 

21 systems are manufactured in the United States 

22 substantially from components produced or 

23 manufactured in the United States; 

24 ‘‘(B) the rolling stock domestic material 

25 improvement plan required by subsection (c) of 


dlhill on DSK7TPTVN1PROD with BILLS
543 

•HR 4834 IH

1 this section addresses how the domestic mate2 rial content of the rolling stock and train con3 trol systems will be increased over the duration 

4 of the contract; and 

5 ‘‘(C) final assembly of the rolling stock 

6 and train control systems, not including proto7 types that will primarily be used to test the roll8 ing stock or train control systems, has occurred 

9 in the United States; and 

10 ‘‘(5) the waiver justifications contained in this 

11 subsection at paragraphs (1) through (3) apply to 

12 all steel, iron, and manufactured products, including 

13 all rolling stock. 

14 ‘‘(c) ROLLING STOCK DOMESTIC MATERIAL IM15 PROVEMENT PLAN.—All rolling stock procurements sub16 ject to the requirements of subsection (a) of this section 

17 shall require that rolling stock procurement proposals in18 clude a plan to increase the domestic material content of 

19 the rolling stock over the duration of the contract. This 

20 plan shall address increasing the domestic material con21 tent of all components and subcomponents. Significant 

22 weight shall be given in the proposal evaluation criteria 

23 for the plan achieving the most domestic material content. 

24 The recipient of the Federal financial assistance shall con25 duct an audit post-contract award to verify implementaVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
544 

•HR 4834 IH

1 tion of the plan. As determined appropriate by the Sec2 retary, a certain amount of funding made available for the 

3 rolling stock procurement shall be used to implement the 

4 plan. 

5 ‘‘(d) LABOR COSTS.—For purposes of this section, 

6 labor costs involved in final assembly shall not be included 

7 in calculating the cost of components. 

8 ‘‘(e) WAIVER NOTICE AND COMMENT.—If the Sec9 retary determines that it is necessary to waive the applica10 tion of subsection (a) based on a finding under subsection 

11 (b), the Secretary shall, before the date on which such 

12 finding takes effect— 

13 ‘‘(1) make available to the public on the De14 partment of Transportation’s public Web site the 

15 waiver request and a detailed written justification as 

16 to why the waiver is needed; 

17 ‘‘(2) publish in the Federal Register a detailed 

18 written justification as to why the waiver is needed; 

19 and 

20 ‘‘(3) provide notice of such finding and an op21 portunity for public comment on such finding for a 

22 reasonable period of time not to exceed 15 days. 

23 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 

24 make a waiver under subsection (b) of this section for 

25 goods produced in a foreign country if the Secretary, in 


dlhill on DSK7TPTVN1PROD with BILLS
545 

•HR 4834 IH

1 consultation with the United States Trade Representative, 

2 decides that the government of that foreign country— 

3 ‘‘(1) has an agreement with the United States 

4 Government under which the Secretary has waived 

5 the requirement of this section; and 

6 ‘‘(2) has violated the agreement by discrimi7 nating against goods to which this section applies 

8 that are produced in the United States and to which 

9 the agreement applies. 

10 ‘‘(g) STATE REQUIREMENTS.—The Secretary may 

11 not impose any limitation on assistance provided under 

12 subtitle V of this title that restricts a State from imposing 

13 more stringent requirements than this section on the use 

14 of articles, materials, and supplies mined, produced, or 

15 manufactured in foreign countries, in projects carried out 

16 with that assistance, or restricts a recipient of that assist17 ance from complying with those State-imposed require18 ments. 

19 ‘‘(h) CERTIFICATION.—The Secretary may allow a 

20 manufacturer or supplier of steel, iron, or manufactured 

21 goods to correct after bid opening any certification of non22 compliance or failure to properly complete the certification 

23 (but not including failure to sign the certification) under 

24 this section if such manufacturer or supplier attests under 

25 penalty of perjury that such manufacturer or supplier subVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
546 

•HR 4834 IH

1 mitted an incorrect certification as a result of an inad2 vertent or clerical error. The burden of establishing inad3 vertent or clerical error is on the manufacturer or supplier. 

4 ‘‘(i) REVIEW.—A party adversely affected by an 

5 agency action under this section shall have the right to 

6 seek review under section 702 of title 5. 

7 ‘‘(j) MINIMUM COST.—The requirements of this sec8 tion shall only apply to contracts for which the costs ex9 ceed $100,000. 

10 ‘‘(k) INTERNATIONAL AGREEMENTS.—This section 

11 shall be applied in a manner consistent with United States 

12 obligations under international agreements. 

13 ‘‘§ 28702. Fraudulent use of ‘Made in America’ label 

14 ‘‘A person is ineligible to receive a contract or sub15 contract made with amounts authorized under subtitle V 

16 of this title or section 502 of the Railroad Revitalization 

17 and Regulatory Reform Act of 1976 (45 U.S.C. 822) if 

18 a court or department, agency, or instrumentality of the 

19 Government decides the person intentionally— 

20 ‘‘(1) affixed a ‘Made in America’ label, or a 

21 label with an inscription having the same meaning, 

22 to goods sold in or shipped to the United States that 

23 are used in a project to which this section applies, 

24 but were not produced in the United States; or 


dlhill on DSK7TPTVN1PROD with BILLS
547 

•HR 4834 IH

1 ‘‘(2) represented that goods described in para2 graph (1) of this section were produced in the 

3 United States.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 subtitle V is amended by inserting below the item for 

6 chapter 285 the following: 

‘‘287. Buy America preferences ...................................................28701’’. 

7 (c) RELATED AMENDMENTS.— 

8 (1) Section 24305 is amended by repealing sub9 section (f). 

10 (2) Section 24405(a) is amended by redesig11 nating paragraphs (1) through (11), respectively, as 

12 paragraphs (2) through (12). 

13 (3) Section 24405(a) is amended by inserting 

14 at the beginning the following: 

15 ‘‘(1) This subsection applies to projects that 

16 have received Federal funding to carry out this 

17 chapter prior to the enactment of the Rail Safety, 

18 Reliability, and Efficiency for a Strong America 

19 Act.’’. 

20 SEC. 9206. RAIL PASSENGER TRANSPORTATION LIABILITY 

21 AND MANDATORY COVERAGE. 

22 (a) LIABILITY.—Section 28103 is amended as fol23 lows: 


dlhill on DSK7TPTVN1PROD with BILLS
548 

•HR 4834 IH

1 (1) By revising subsection (a)(2) by inserting, 

2 ‘‘including commuter rail passengers,’’ after the 

3 words ‘‘rail passenger,’’. 

4 (2) By revising subsection (b) to read as fol5 lows: 

6 ‘‘(b) CONTRACTUAL OBLIGATIONS.—A provider of 

7 rail passenger transportation may enter into contracts 

8 that allocate financial responsibility for claims and such 

9 contracts shall be enforceable notwithstanding any other 

10 provision of law, common law or public policy or the na11 ture of the conduct giving rise to the damages or liabil12 ity.’’. 

13 (3) By inserting at the end of subsection (e) the 

14 following: 

15 ‘‘(4) the term ‘rail passenger transportation’ in16 cludes commuter rail transportation.’’. 

17 (b) MANDATORY COVERAGE.—Subsection 28103(c) 

18 is amended by striking ‘‘Amtrak’’ and inserting ‘‘A pro19 vider of rail passenger transportation’’. 

20 SEC. 9207. SHARED-USE STUDY. 

21 (a) IN GENERAL.—The Secretary shall conduct a 

22 study, in consultation with, as appropriate, Amtrak, com23 muter, and other passenger rail operators, rail carriers 

24 that own rail infrastructure over which both passenger and 

25 freight trains operate, States, the Surface Transportation 


dlhill on DSK7TPTVN1PROD with BILLS
549 

•HR 4834 IH

1 Board, and groups representing rail passengers and cus2 tomers, in order to evaluate the shared-use of right-of-way 

3 by passenger and freight rail systems and the operational, 

4 institutional, and legal structures that would best support 

5 improvements to both of these systems. 

6 (b) AREAS OF STUDY.—In conducting the study, the 

7 Secretary shall evaluate— 

8 (1) the access and use of railroad right-of-way 

9 by a railroad that does not own the right-of-way. 

10 This evaluation shall include an analysis of pas11 senger rail services that operate over privately owned 

12 right-of-way, including access agreements, costs of 

13 access, and the resolution of disputes relating to 

14 such access or costs; 

15 (2) the effectiveness of existing contractual and 

16 regulatory mechanisms for establishing, measuring, 

17 and enforcing train performance standards, includ18 ing identification of gaps in those existing mecha19 nisms and designation of possible new approaches; 

20 (3) mechanisms for measuring and maintaining 

21 benefits resulting from publically funded freight and/ 

22 or intercity passenger rail improvements, including 

23 those improvements directed towards shared-use 

24 right-of-way; 


dlhill on DSK7TPTVN1PROD with BILLS
550 

•HR 4834 IH

1 (4) standard approaches to operations, capacity, 

2 and cost estimation modeling that allows for trans3 parent decision-making while also protecting the pro4 prietary interests of all parties; and 

5 (5) other issues identified by the Secretary. 

6 (c) REPORT.—Within 180 days after the establish7 ment of a dedicated Rail Account within the Transpor8 tation Trust Fund, the Secretary shall submit rec9 ommendations developed pursuant to subsections (a) and 

10 (b), including any legislative proposals consistent with 

11 such recommendations, to the Committee on Transpor12 tation and Infrastructure of the House of Representatives, 

13 and the Committee on Commerce, Science, and Transpor14 tation of the Senate. 

15 (d) IMPLEMENTATION.—The Secretary shall inte16 grate the recommendations submitted under subsection (c) 

17 into its financial assistance programs under subtitle V and 

18 section 502 of the Railroad Revitalization and Regulatory 

19 Reform Act of 1976 (45 U.S.C. 822), as appropriate. The 

20 Secretary may promulgate a rulemaking or rulemakings 

21 to integrate such recommendations, if appropriate. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary such 

24 sums as necessary to conduct the study described in this 

25 section, to remain available until expended. 


dlhill on DSK7TPTVN1PROD with BILLS
551 

•HR 4834 IH

1 SEC. 9208. DISADVANTAGED BUSINESS ENTERPRISES; DIS2 PARITY AND AVAILABILITY STUDY. 

3 (a) IN GENERAL.—The Secretary of Transportation 

4 shall continue actions to conduct a nationwide disparity 

5 and availability study to establish the availability and utili6 zation of small business concerns owned and controlled by 

7 socially and economically disadvantaged individuals 

8 (‘‘small disadvantaged businesses’’) in publicly funded 

9 railroad projects. 

10 (b) DEFINITIONS.—In this section: 

11 (1) SMALL BUSINESS CONCERN.—The term 

12 ‘‘small business concern’’ means a small business 

13 concern as the term is used in section 3 of the Small 

14 Business Act (15 U.S.C. 632). The term ‘‘small 

15 business concern’’ does not include any concern or 

16 group of concerns controlled by the same socially 

17 and economically disadvantaged individual or indi18 viduals that have average annual gross receipts dur19 ing the preceding 3 fiscal years in excess of 

20 $22,410,000, as adjusted annually by the Secretary 

21 for inflation. 

22 (2) SOCIALLY AND ECONOMICALLY DISADVAN23 TAGED INDIVIDUAL.—The term ‘‘socially and eco24 nomically disadvantaged individual’’ has the mean25 ing given the term in section 8(d) of the Small Busi26 ness Act (15 U.S.C. 637(d)) and relevant subconVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
552 

•HR 4834 IH

1 tracting regulations issued pursuant to that Act, ex2 cept that women shall be presumed to be socially 

3 and economically disadvantaged individuals for pur4 poses of this section. 

5 (c) REPORT.—Not later than 3 years after the date 

6 of enactment of this Act, the Secretary shall transmit to 

7 the Committee on Transportation and Infrastructure of 

8 the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate a report 

10 of the results of the nationwide disparity and availability 

11 study. 

12 (d) SECRETARIAL ACTION.—If the Secretary finds a 

13 strong basis in evidence demonstrating that gender or race 

14 discrimination or the effects of such discrimination is ad15 versely impacting the award and administration of con16 tracts to small disadvantaged businesses in Federal finan17 cial assistance programs for rail transportation adminis18 tered by the Department of Transportation, the Secretary 

19 should take appropriate and necessary action to remedy 

20 the effects of such discrimination. 

21 Subtitle C—Planning 

22 SEC. 9301. NATIONAL AND REGIONAL RAIL PLANNING. 

23 (a) IN GENERAL.—Part B of subtitle V is amended 

24 by inserting the following after chapter 225: 


dlhill on DSK7TPTVN1PROD with BILLS
553 

•HR 4834 IH

1 ‘‘CHAPTER 226—NATIONAL AND REGIONAL 

2 RAIL PLANNING 

‘‘Sec. 

‘‘22601. National rail development plan. 

‘‘22602. Regional rail development plans. 

3 ‘‘§ 22601. National rail development plan 

4 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

5 the enactment of this Act, the Secretary of Transportation 

6 shall complete a National Rail Development Plan. 

7 ‘‘(b) OBJECTIVES.—The objectives of the National 

8 Rail Development Plan are— 

9 ‘‘(1) to set forth national policy involving high10 performance rail transportation, including presenting 

11 priorities and strategies to enhance high-perform12 ance rail transportation; and 

13 ‘‘(2) to serve as the foundation for Regional 

14 Rail Development Plans. 

15 ‘‘(c) CONTENTS.—The National Rail Development 

16 Plan shall include the following elements: 

17 ‘‘(1) Conditions under which Federal invest18 ments in regional networks comprised of Core Ex19 press Corridors, Regional Corridors, and/or Feeder 

20 Corridors are justified, to include, at a minimum, 

21 parameters addressing the following criteria: 

22 ‘‘(A) Population size and density. 


dlhill on DSK7TPTVN1PROD with BILLS
554 

•HR 4834 IH

1 ‘‘(B) Projected population and economic 

2 growth and changing demographic characteris3 tics. 

4 ‘‘(C) Connections to local rail and bus 

5 transit and alternative transportation options. 

6 ‘‘(D) Economic profile of specific markets. 

7 ‘‘(E) Congestion on existing transportation 

8 facilities and constraints on future capacity en9 hancements, in relation to efficient movement of 

10 both goods and people. 

11 ‘‘(F) Distances between markets. 

12 ‘‘(G) Geographic characteristics. 

13 ‘‘(2) Conditions under which Federal invest14 ments in freight rail projects are justified. 

15 ‘‘(3) A discussion of benefits and costs of po16 tential investments in high-performance rail that 

17 considers both user and public benefits and costs 

18 from a network perspective, to include factors such 

19 as potential passenger ridership or freight tonnage 

20 changes, travel time reductions, enhanced mobility 

21 benefits, improved reliability and resilience, environ22 mental benefits, economic benefits, and other public 

23 benefits, including sensitivity analyses on these fac24 tors. 


dlhill on DSK7TPTVN1PROD with BILLS
555 

•HR 4834 IH

1 ‘‘(4) Issues related to timing and phasing for 

2 the implementation of potential Core Express Cor3 ridors, Regional Corridors, and Feeder Corridors. 

4 ‘‘(5) A strategy for investments in intermodal 

5 passenger stations that are linked to local public 

6 transportation and non-motorized transportation op7 tions, and that connect to residential areas, commer8 cial areas, and other nearby transportation facilities. 

9 ‘‘(6) Policies and strategies for improving the 

10 competitiveness of the Nation’s freight rail industry. 

11 ‘‘(7) Suggested performance standards for fiscal 

12 and operational performance of new and enhanced 

13 high-performance rail services by service type. 

14 ‘‘(8) General description of the environmental 

15 benefits or impacts related to the expansion of pas16 senger and freight rail networks, including analysis 

17 of climate change issues and implications. 

18 ‘‘(9) Recommendations regarding project fi19 nancing, management and implementation for cor20 ridor development, station development, and similar 

21 projects. 

22 ‘‘(10) Achievement of the objectives set forth in 

23 section 101 of the Rail for America Act. 


dlhill on DSK7TPTVN1PROD with BILLS
556 

•HR 4834 IH

1 ‘‘(11) Additional factors that the Secretary 

2 deems relevant for achieving the objectives of this 

3 subsection. 

4 ‘‘§ 22602. Regional rail development plans 

5 ‘‘(a) IN GENERAL.—The Secretary shall facilitate the 

6 development of a Regional Rail Development Plans to de7 scribe a multi-State region’s plans for a comprehensive 

8 and integrated rail network, including plans for public in9 vestment in projects that contribute towards efficient 

10 movement and increased capacity for freight, by either Re11 gional Rail Development Authorities, described in chapter 

12 289 of this title, or by any two or more States that have 

13 entered into interstate compacts, agreements, or organiza14 tions for the purpose of developing such a plan. 

15 ‘‘(b) FEDERAL SHARE INCENTIVE.—A project pro16 posal for Passenger Corridor funding that is consistent 

17 with an adopted Regional Rail Development Plan shall be 

18 eligible for a higher Federal share of total project costs 

19 under the Passenger Corridors program, as described in 

20 section 24605(b)(7)(B) of this title, provided that the Re21 gional Rail Development Plan meets the content and proc22 ess criteria set forth in this paragraph. 

23 ‘‘(c) CONTENTS AND PROCESS.— 

24 ‘‘(1) CONTENTS.—At a minimum, the Regional 

25 Rail Development Plan shall contain— 


dlhill on DSK7TPTVN1PROD with BILLS
557 

•HR 4834 IH

1 ‘‘(A) a map that shows specific alignment 

2 alternatives for the Core Express Corridors, Re3 gional Corridors, and Feeder Corridors that are 

4 consistent with the criteria established in the 

5 National Rail Development Plan and that iden6 tifies potential station locations; 

7 ‘‘(B) an examination of multi-modal cor8 ridors and connections that considers the most 

9 cost-effective means for achieving the region’s 

10 transportation goals and objectives; 

11 ‘‘(C) a phasing plan for developing or up12 grading specific segments of the regional net13 work; 

14 ‘‘(D) a capital cost estimate for developing 

15 the regional network; 

16 ‘‘(E) an analysis of operating financial 

17 forecasts, including high-level ridership and rev18 enue projections; 

19 ‘‘(F) a benefit-cost analysis for the re20 gional network that considers both user and 

21 public benefits and costs from a network per22 spective, to include factors such as ridership 

23 projections, travel time reductions, enhanced 

24 mobility benefits, improved reliability and resilVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
558 

•HR 4834 IH

1 ience, environmental benefits, economic bene2 fits, and other public benefits; 

3 ‘‘(G) an analysis of potential land use poli4 cies and strategies for areas near high-perform5 ance rail stations; 

6 ‘‘(H) general description of the environ7 mental benefits or impacts that could result 

8 from implementation of the Regional Rail De9 velopment Plan, including analysis of climate 

10 change issues and implications; 

11 ‘‘(I) consideration of the goals, policies, 

12 and investment priorities described in highway 

13 and transit plans developed by States and met14 ropolitan planning organizations within the re15 gion; 

16 ‘‘(J) potential non-Federal funding 

17 sources, including a detailed consideration of 

18 anticipated private sector participation; 

19 ‘‘(K) a proposal for the institutional and 

20 governance structures that will be necessary to 

21 develop, operate, and maintain the regional net22 work; 

23 ‘‘(L) other project implementation consid24 erations, including an analysis of the readiness 

25 of specific corridors to proceed for development 


dlhill on DSK7TPTVN1PROD with BILLS
559 

•HR 4834 IH

1 as evidenced by the completion of service devel2 opment planning and environmental analyses; 

3 ‘‘(M) identification of plans for cost-effec4 tive, public investment in shared-benefit 

5 projects that contribute toward the efficient 

6 movement and increased capacity for freight 

7 rail operations; or 

8 ‘‘(N) evidence of support from affected 

9 States and local jurisdictions. 

10 ‘‘(2) PROCESS.—At a minimum, the process for 

11 creating the Regional Rail Development Plan shall 

12 fulfill the following: 

13 ‘‘(A) Be led and formally adopted either— 

14 ‘‘(i) by a Regional Rail Development 

15 Authority, as described in chapter 289 of 

16 this title, with the final plan being formally 

17 adopted by the Regional Rail Development 

18 Authority; or 

19 ‘‘(ii) by two or more States that have 

20 jointly engaged in the planning process, 

21 with the final plan being formally incor22 porated into the State Rail Plans, State 

23 Freight Plans, and Statewide Transpor24 tation Improvement Plans of each State, 

25 as applicable. 


dlhill on DSK7TPTVN1PROD with BILLS
560 

•HR 4834 IH

1 ‘‘(B) Ensure substantial opportunities for 

2 involvement of affected stakeholders, including 

3 but not limited to local communities, elected of4 ficials, economic development bodies, business 

5 leaders, railroad infrastructure owners, regional 

6 air quality planning agencies, Amtrak, pas7 senger rail service operators, freight railroad 

8 operators, representatives of rail labor, metro9 politan planning organizations, governing au10 thorities for transit systems or airports, Tribal 

11 governments, and the general public, including 

12 local communities, low-income and minority 

13 populations, people with disabilities, and older 

14 Americans. 

15 ‘‘(C) Provide the stakeholders, including 

16 those listed in subparagraph (B), reasonable op17 portunity to comment on and participate in the 

18 development and implementation of the Plans, 

19 particularly with regard to subsection (c)(1)(A) 

20 and (G). 

21 ‘‘(d) CONSISTENCY WITH NATIONAL RAIL DEVELOP22 MENT PLAN.— 

23 ‘‘(1) ELIGIBILITY.—In order to be eligible for 

24 Federal funding through the Passenger Corridor 

25 program, a Core Express Corridor, Regional CorVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
561 

•HR 4834 IH

1 ridor, or Feeder Corridor identified in the Regional 

2 Rail Development Plan shall be consistent with the 

3 parameters identified in the National Rail Develop4 ment Plan. 

5 ‘‘(2) UPDATES.—In the event that the Regional 

6 Rail Development Plan is adopted prior to publica7 tion of the National Rail Development Plan, the Re8 gional Plan shall be updated within 1 year of the 

9 publication of the National Plan. 

10 ‘‘(3) WAIVER.—The Secretary may waive re11 quirements under this subsection as necessary to ac12 commodate unique characteristics and situations in 

13 specific regions. 

14 ‘‘(e) FINANCIAL ASSISTANCE.—Planning activities to 

15 create a Regional Rail Development Plan are eligible to 

16 receive Planning grants, as described in subsection 

17 24605(e) of this title. The Federal share of such a grant 

18 shall not exceed 80 percent of the total cost of the 

19 project.’’. 

20 (b) REVISIONS TO THE UNITED STATES CODE.—Sec21 tion 103(j) is amended— 

22 (1) by striking paragraphs (2) and (3); and 

23 (2) by redesignating paragraphs (4) through 

24 (7), respectively, as paragraphs (2) through (5). 


dlhill on DSK7TPTVN1PROD with BILLS
562 

•HR 4834 IH

1 SEC. 9302. STATE RAIL PLANS. 

2 Chapter 227 of Part B is amended— 

3 (1) in section 22702(b)(4), by striking ‘‘5 years 

4 for reapproval by the Secretary’’ and inserting ‘‘4 

5 years for acceptance by the Secretary’’; and 

6 (2) by striking section 22705(a)(12). 

7 Subtitle D—Safety Improvements 

8 SEC. 9401. REQUIREMENT FOR UNIFORM OPERATING 

9 RULES. 

10 (a) AMENDMENT.—Chapter 201, as amended by this 

11 Act, is further amended by adding at the end the following 

12 new section: 

13 ‘‘§ 20168. Uniform operating rules 

14 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

15 may prescribe regulations or issue orders to require in 

16 small geographic areas, as defined by the Secretary, where 

17 two or more railroads serve as host railroads for joint op18 erations that occur within a small geographic area, all 

19 such host railroads in the small geographic area shall de20 velop unified operating rules governing all operations with21 in the small geographic area with respect to the following: 

22 ‘‘(1) signal aspects and indications, such that 

23 no aspect represents multiple indications for any op24 erations within the small geographic area; 

25 ‘‘(2) after-arrival mandatory directives, such 

26 that the use of an after-arrival mandatory directive 


dlhill on DSK7TPTVN1PROD with BILLS
563 

•HR 4834 IH

1 is prohibited for any operations in non-signaled ter2 ritory within the small geographic area; and 

3 ‘‘(3) forms used to convey track authority, such 

4 that track authority for any operations within the 

5 small geographic area is conveyed using an identical 

6 set of forms. 

7 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

8 be construed to limit the authority of the Secretary to pre9 scribe regulations or issue orders not authorized by this 

10 section.’’. 

11 (b) CONFORMING AMENDMENT.—The chapter anal12 ysis for chapter 201 is amended by inserting after the item 

13 relating to section 20167 the following: 

‘‘20168. Uniform operating rules.’’. 

14 SEC. 9402. POSITIVE TRAIN CONTROL. 

15 (a) IMPLEMENTATION.—Section 20157(a) is revised 

16 to read as follows: 

17 ‘‘(a) IMPLEMENTATION.— 

18 ‘‘(1) WHERE IMPLEMENTATION REQUIRED.— 

19 Each Class I railroad carrier and each entity pro20 viding regularly scheduled intercity or commuter rail 

21 passenger transportation shall develop and submit to 

22 the Secretary of Transportation a plan for imple23 menting a positive train control system by December 

24 31, 2015, governing operations on— 


dlhill on DSK7TPTVN1PROD with BILLS
564 

•HR 4834 IH

1 ‘‘(A) its main line over which intercity rail 

2 passenger transportation or commuter rail pas3 senger transportation, as defined in section 

4 24102, is regularly provided; 

5 ‘‘(B) its main line over which poison- or 

6 toxic-by-inhalation hazardous materials, as de7 fined in sections 171.8, 173.115, and 173.132 

8 of title 49, Code of Federal Regulations, are 

9 transported; and 

10 ‘‘(C) such other tracks as the Secretary 

11 may prescribe by regulation or order. 

12 ‘‘(2) INTEROPERABILITY AND

13 PRIORITIZATION.—The plan shall describe how the 

14 railroad carrier or other entity subject to subsection 

15 (a)(1) will provide for interoperability of the system 

16 with movements of trains of other railroad carriers 

17 over its lines and shall, to the extent practical, im18 plement the system in a manner that addresses 

19 areas of greater risk before areas of lesser risk. The 

20 railroad carrier or other entity shall implement a 

21 positive train control system in accordance with the 

22 plan. 

23 ‘‘(3) PHASED IMPLEMENTATION.—The Sec24 retary shall prescribe regulations to establish an im25 plementation schedule for positive train control sysVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
565 

•HR 4834 IH

1 tems to ensure successful implementation of positive 

2 train control systems. 

3 ‘‘(4) EXTENSION AUTHORITY.—The Secretary 

4 may extend the implementation deadline for one or 

5 more railroad carriers or other entities set by regula6 tions prescribed pursuant to paragraph (1) and 

7 paragraph (3) if the Secretary determines that— 

8 ‘‘(A) the railroad carrier or other entity 

9 has encountered technical programmatic chal10 lenges, as identified by the Secretary in his 

11 2012 report to Congress pursuant to subsection 

12 (d), and those challenges have negatively af13 fected the successful implementation of positive 

14 train control systems; 

15 ‘‘(B) the railroad carrier or other entity 

16 has demonstrated substantial progress in de17 ploying positive train control to the extent fea18 sible; 

19 ‘‘(C) the railroad carrier or other entity 

20 has taken actions to mitigate risks to successful 

21 implementation, as identified by the Secretary 

22 in his 2012 report to Congress pursuant to sub23 section (d); and 


dlhill on DSK7TPTVN1PROD with BILLS
566 

•HR 4834 IH

1 ‘‘(D) the railroad carrier or other entity is 

2 proceeding to implement its plan expeditiously 

3 and successfully.’’. 

4 (b) PROVISIONAL OPERATION.—Section 20157(h) is 

5 amended to read as follows: 

6 ‘‘(h) CERTIFICATION.— 

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

8 permit the installation of any positive train control 

9 system or component in revenue service unless the 

10 Secretary has certified that any such system or com11 ponent has been approved through the approval 

12 process set forth in part 236 of title 49, Code of 

13 Federal Regulations, and complies with the require14 ments of that part. 

15 ‘‘(2) PROVISIONAL OPERATION.—The Secretary 

16 may permit, upon submission of a positive train con17 trol implementation plan, the provisional operation 

18 of a positive train control system or component in 

19 revenue service where the development of the system 

20 or component has been approved by the Secretary 

21 through the process set forth in part 236 of title 49, 

22 Code of Federal Regulations, complies with the re23 quirements of that part, and complies with any con24 ditions the Secretary may provide for such provi25 sional operation.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
567 

•HR 4834 IH

1 (c) ALTERNATIVE PROTECTION.—After subsection 

2 (i) of section 20157, the following is inserted: 

3 ‘‘(j) EXCEPTION FOR ALTERNATIVE PROTECTION.— 

4 ‘‘(1) Notwithstanding the other provisions of 

5 this section, a railroad may petition the Secretary to 

6 implement alternative risk mitigation strategies on a 

7 particular a main line in place of a positive train 

8 control system that would otherwise be required to 

9 be installed on such line under this section if such 

10 risk mitigation strategies incorporate alternative 

11 technology or operating practices. 

12 ‘‘(2) The Secretary may approve a plan to use 

13 such alternate risk mitigation strategies under this 

14 provision on a main line identified by a railroad car15 rier or other entity in a plan submitted to the Sec16 retary if the Secretary determines that— 

17 ‘‘(A) the use of the alternative strategies 

18 will not result in a decrease in the level of safe19 ty from that currently existing on the line; 

20 ‘‘(B) the alternative strategies provide an 

21 appropriate level of risk mitigation with regards 

22 to preventing the risks identified in subsection 

23 (i)(3); and 

24 ‘‘(C) the alternative risk mitigation strate25 gies will be implemented as soon as possible.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
568 

•HR 4834 IH

1 (d) SPECTRUM.—Chapter 201, as amended by this 

2 Act, is further amended by adding the following new sec3 tion: 

4 ‘‘§ 20169. Federal communications commission spec5 trum 

6 ‘‘Not later than 120 days after the date of enactment 

7 of the Rail for America Act, the Secretary of Transpor8 tation and the Chairman of the Federal Communications 

9 Commission shall coordinate to assess spectrum needs and 

10 availability for implementing positive train control sys11 tems, as defined in section 20157 of this title. Such coordi12 nation may include conversations with external stake13 holders.’’. 

14 (e) CONFORMING AMENDMENT.—The chapter anal15 ysis for chapter 201, as amended by this Act, is further 

16 amended by inserting after the item relating to section 

17 20168 the following: 

‘‘20169. Federal Communications Commission spectrum.’’. 

18 SEC. 9403. HOURS OF SERVICE REFORM. 

19 (a) CESSATION OF EFFECTIVENESS.—Chapter 211, 

20 as amended by this Act, shall cease to be effective upon 

21 the effective date of the regulations mandated by sub22 section (c) of this section. 

23 (b) AMENDMENT.—Upon the effective date of the 

24 regulations mandated by subsection (c) of this section— 


dlhill on DSK7TPTVN1PROD with BILLS
569 

•HR 4834 IH

1 (1) the first sentence of section 20103(a) is 

2 amended to read as follows: 

3 ‘‘(1) The Secretary of Transportation, as nec4 essary, shall prescribe regulations and issue orders 

5 for every area of railroad safety— 

6 ‘‘(A) superseding the Federal hours of 

7 service laws formerly codified at chapter 211 of 

8 this title and regulations and orders pursuant 

9 to those laws; and 

10 ‘‘(B) supplementing other regulations and 

11 other laws in effect on October 16, 1970.’’; and 

12 (2) the second sentence of section 20103(a), as 

13 amended by this Act, is designated as paragraph 

14 (2). 

15 (c) AMENDMENT.—Chapter 201, as amended by this 

16 Act, is further amended by adding at the end the following 

17 new section: 

18 ‘‘§ 20171. Fatigue, including hours of service 

19 ‘‘(a) MANDATE TO CONVERT STATUTE TO REGULA20 TIONS; NONREVIEWABILITY; CESSATION OF EFFECTIVE21 NESS OF CHAPTER 211.— 

22 ‘‘(1) The Secretary of Transportation shall pre23 scribe regulations embodying the substantive provi24 sions of the Federal hours of service laws codified at 

25 sections 21101–21106, 21108, and 21109 of this 


dlhill on DSK7TPTVN1PROD with BILLS
570 

•HR 4834 IH

1 title and in so doing may make changes necessary to 

2 transform those provisions into regulatory form. 

3 ‘‘(2) Notwithstanding any other provision of 

4 law, these regulations shall not be subject to judicial 

5 review. 

6 ‘‘(3) Upon the effective date of the regulations 

7 prescribed under this subsection (a) (the status quo 

8 regulations), chapter 211 of this title shall cease to 

9 be effective. 

10 ‘‘(b) AUTHORITY TO PRESCRIBE AMENDMENTS TO

11 THE STATUS QUO REGULATIONS.—After the Secretary 

12 has prescribed the regulations mandated by subsection (a) 

13 and after the regulations mandated by subsection (a) have 

14 become effective, the Secretary may amend the regulations 

15 as the Secretary deems necessary in accordance with the 

16 Secretary’s general authority under section 20103 of this 

17 title, to prevent and mitigate fatigue among individuals 

18 performing safety-critical duties in train and engine serv19 ice, signal or train control service, or dispatching service, 

20 whether or not directly employed by a railroad carrier. 

21 ‘‘(c) DETERMINATIONS COMMITTED TO THE DISCRE22 TION OF THE SECRETARY.—In the prescription of any 

23 final rule amendment by the Secretary to the regulations 

24 mandated by subsection (a), or to the regulations author25 ized by subsection (b), determinations of scientific knowlVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
571 

•HR 4834 IH

1 edge and literature relating to fatigue, scientific and med2 ical research on circadian rhythms and human sleep and 

3 rest requirements, reasonable levels of fatigue prevention 

4 or fatigue mitigation, and other related determinations 

5 and applications of scientific knowledge and literature are 

6 committed to the discretion of the Secretary.’’. 

7 (d) CONFORMING AMENDMENT.—The chapter anal8 ysis for chapter 201, as amended by this Act, is further 

9 amended by inserting after the item relating to section 

10 20170 the following: 

‘‘20171. Fatigue, including hours of service.’’. 

11 (e) AMENDMENT.—Effective upon the effective date 

12 of the regulations prescribed under subsection (c) of this 

13 section, the following new section of chapter 201, as 

14 amended by this Act, shall become effective: 

15 ‘‘§ 20172. Maximum duty hours and subjects of collec16 tive bargaining 

17 ‘‘The number of hours that an employee may be re18 quired or allowed to be on duty (a number formerly estab19 lished by the Federal hours of service laws, formerly codi20 fied at chapter 211 of this title, and presently established 

21 under section 20171 of this title) is the maximum number 

22 of hours consistent with safety. Shorter hours of service 

23 and time on duty of an employee are proper subjects for 

24 collective bargaining between a railroad carrier and its em25 ployees.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
572 

•HR 4834 IH

1 (f) CONFORMING AMENDMENT.—Effective upon the 

2 effective date of regulations prescribed under subsection 

3 (c) of this section, the following new item in the chapter 

4 analysis for chapter 201, as amended by this Act, shall 

5 become effective: 

‘‘20172. Maximum duty hours and subjects of collective bargaining.’’. 

6 SEC. 9404. AMENDMENTS TO THE SAFETY APPLIANCE LAW. 

7 (a) AMENDMENT.—Section 20303 is amended by 

8 adding at the end the following new subsections: 

9 ‘‘(d) DEFINITIONS AND CLARIFICATION.—In sub10 section (a)— 

11 ‘‘(1) ‘place at which the repairs can be made’ 

12 means— 

13 ‘‘(A) a location with a fixed facility for 

14 conducting the repairs that are necessary to 

15 bring the defective or insecure vehicle into com16 pliance with this chapter; or 

17 ‘‘(B) a location where a mobile repair 

18 truck capable of making the repairs that are 

19 necessary to bring the defective or insecure ve20 hicle into compliance with this chapter makes 

21 the same kind of repair at the location regularly 

22 (as specified in regulations prescribed by the 

23 Secretary); 


dlhill on DSK7TPTVN1PROD with BILLS
573 

•HR 4834 IH

1 ‘‘(2) ‘nearest’ means the closest in the forward 

2 direction of travel for the defective or insecure vehi3 cle; and 

4 ‘‘(3) movement of a defective or insecure vehicle 

5 from a location is ‘necessary to make repairs’ of the 

6 vehicle even though a mobile repair truck capable of 

7 making the repairs has gone to the location on an 

8 irregular basis (as specified in regulations prescribed 

9 by the Secretary). 

10 ‘‘(e) ADDITIONAL CONDITIONS FOR MOVEMENT TO

11 MAKE REPAIRS.—The Secretary of Transportation may 

12 impose conditions for the movement of a defective or inse13 cure vehicle to make repairs in addition to those conditions 

14 set forth in subsection (a) by prescribing regulations or 

15 issuing orders as necessary.’’. 

16 (b) AMENDMENT.—Section 20306 is amended by— 

17 (1) striking the word ‘‘or’’ at the end of sub18 section (b)(1); 

19 (2) striking the period at the end of subsection 

20 (b)(2) and inserting ‘‘; or’’; and 

21 (3) adding at the end a new subsection (b)(3) 

22 to read as follows: 

23 ‘‘(3) a regulation as contemplated by section 

24 553 of title 5, United States Code.’’. 


dlhill on DSK7TPTVN1PROD with BILLS
574 

•HR 4834 IH

1 SEC. 9405. AMENDMENTS TO THE LOCOMOTIVE INSPEC2 TION LAW. 

3 (a) AMENDMENT.—Section 20701 is amended by— 

4 (1) redesignating its text as subsection (a) with 

5 the heading ‘‘GENERAL.—’’; 

6 (2) striking the word ‘‘and’’ at the end of sub7 section (a)(2); 

8 (3) striking the period at the end of subsection 

9 (a)(3) and inserting ‘‘; and’’; and 

10 (4) adding at the end a new subsection (a)(4) 

11 to read as follows: 

12 ‘‘(4) if of a unique design or utilizing a new 

13 power source technology, have been approved in ad14 vance by the Secretary.’’. 

15 (b) AMENDMENT.—Section 20701, as amended by 

16 this Act, is further amended by adding at the end the fol17 lowing: 

18 ‘‘(b) DEFINITIONS.—For the purposes of subsection 

19 (a)(4), the term ‘new power source technology’ means a 

20 technology that employs a source of motive power other 

21 than diesel fuel, electricity, or steam.’’. 

22 SEC. 9406. TECHNICAL AMENDMENT TO THE PROVISION ON 

23 PROTECTION OF RAILROAD SAFETY RISK RE24 DUCTION PROGRAM INFORMATION. 

25 Section 20119(b) is amended to read as follows: 


dlhill on DSK7TPTVN1PROD with BILLS
575 

•HR 4834 IH

1 ‘‘(b) AUTHORITY.—Following completion of the study 

2 required under subsection (a), the Secretary, if in the pub3 lic interest, including public safety and the legal rights of 

4 persons injured in railroad accidents, may prescribe a rule 

5 subject to notice and comment to address the results of 

6 the study. This rule may include provisions that withhold 

7 from discovery or admission into evidence (in the course 

8 of civil litigation for damages involving personal injury, 

9 wrongful death, or property damage against a carrier) any 

10 plan, document, report, survey, schedule, list, or data com11 piled or collected solely for the purpose of developing, eval12 uating, planning, or implementing a railroad safety risk 

13 reduction program required under this chapter, including 

14 a railroad carrier’s analysis of its safety risks and its 

15 statement of the mitigation measures with which it will 

16 address those risks. Any such rule prescribed pursuant to 

17 this subsection shall not become effective until 1 year after 

18 its adoption.’’. 

19 SEC. 9407. NOISE EMISSION STANDARDS. 

20 (a) IN GENERAL.—Chapter 201, as amended by this 

21 Act, is further amended by adding at the end the fol22 lowing: 

23 ‘‘§ 20170. Noise emission standards 

24 ‘‘The Secretary of Transportation, with the concur25 rence of the Administrator of the Environmental ProtecVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
576 

•HR 4834 IH

1 tion Agency, may prescribe regulations governing railroad2 related noise emission standards for railroad carriers oper3 ating on the general railroad system of transportation, in4 cluding noise related to magnetic levitation systems. Such 

5 regulations may consider variances in maximum pass-by 

6 noise with respect to the speed of the equipment, account 

7 for current engineering best practices, and encourage the 

8 use of noise mitigation techniques only where reasonable 

9 and the benefits exceed the costs.’’. 

10 (b) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 201, as amended by this Act, is further 

12 amended by inserting after the item relating to section 

13 20169 the following: 

‘‘20170. Noise emission standards.’’. 

14 SEC. 9408. TECHNICAL AMENDMENT TO CHAPTER 201 GEN15 ERAL CIVIL PENALTY PROVISION. 

16 Section 21301(a)(1), as amended by this Act, is fur17 ther amended by inserting immediately before the last sen18 tence the following: ‘‘An act by an individual that causes 

19 a railroad carrier to be in violation is a violation.’’. 

20 SEC. 9409. MISCELLANEOUS AUTHORIZATION OF APPRO21 PRIATIONS. 

22 (a) HIGHWAY-RAIL GRADE CROSSING SAFETY

23 STUDY.—There are authorized to be appropriated to the 

24 Secretary such sums as necessary to conduct a study of 

25 railroad operations that block highway-rail grade crossVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
577 

•HR 4834 IH

1 ings, including the severity, frequency, and other charac2 teristics of such blockages, to remain available until ex3 pended. For the purpose of this paragraph the term ‘‘high4 way-rail grade crossing’’ has the definition given in section 

5 20153(a) of title 49, United States Code. 

6 (b) TRACK ELECTRIFICATION STUDY.—There are 

7 authorized to be appropriated to the Secretary such sums 

8 as necessary to conduct a study of track electrification and 

9 the development of standards for track electrification, to 

10 remain available until expended. 

11 (c) TRAIN LENGTH STUDY.—There are authorized to 

12 be appropriated to the Secretary such sums as necessary 

13 to conduct a study of whether train length correlates with 

14 the severity and frequency of train derailments, to remain 

15 available until expended. 

16 SEC. 9410. REPAIR AND REPLACEMENT OF DAMAGED 

17 TRACK INSPECTION EQUIPMENT. 

18 Part A of subtitle V is amended by inserting the fol19 lowing after section 20120: 

20 ‘‘§ 20121. Repair and replacement of damaged track 

21 inspection equipment 

22 ‘‘The Secretary of Transportation may receive and 

23 expend cash, or receive and utilize spare parts and similar 

24 items, from non-United States Government sources to re25 pair damages to or replace United States Government 


dlhill on DSK7TPTVN1PROD with BILLS
578 

•HR 4834 IH

1 owned automated track inspection cars and equipment as 

2 a result of third-party liability for such damages, and any 

3 amounts collected under this section shall be credited di4 rectly to the Railroad Safety and Operations account of 

5 the Federal Railroad Administration, and shall remain 

6 available until expended for the repair, operation, and 

7 maintenance of automated track inspection cars and 

8 equipment in connection with the automated track inspec9 tion program.’’. 

10 Subtitle E—Miscellaneous Revi11 sions and Technical Corrections 

12 SEC. 9501. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) AUTHORIZATION.—Section 20117(a) is amended 

14 to read as follows: 

15 ‘‘(a) IN GENERAL.—There are authorized to be ap16 propriated to the Secretary of Transportation to carry out 

17 this subtitle and to carry out responsibilities under chapter 

18 51, as delegated or authorized by the Secretary, the fol19 lowing sums: 

20 ‘‘(1) $185,250,000 for fiscal year 2015. 

21 ‘‘(2) For fiscal year 2016 such sums as may be 

22 necessary. 

23 ‘‘(3) For fiscal year 2017 such sums as may be 

24 necessary. 


dlhill on DSK7TPTVN1PROD with BILLS
579 

•HR 4834 IH

1 ‘‘(4) For fiscal year 2018 such sums as may be 

2 necessary.’’. 

3 (b) TECHNICAL CORRECTIONS.— 

4 (1) Section 20117 is amended by striking sub5 section (e). 

6 (2) Section 20154 is amended by striking sub7 section (i). 

8 (3) Section 20158 is amended by striking sub9 section (c). 

10 (4) Section 20167 is amended by striking sub11 section (e). 

12 (5) Chapter 221 is amended by striking section 

13 22108. 

14 (6) Section 22301 is amended by striking sub15 section (g). 

16 (7) Chapter 225 is amended by striking section 

17 22505. 

18 (8) Chapter 241 is amended by striking section 

19 24104. 

20 (9) Section 24105 is amended by striking sub21 section (e). 

22 (10) Chapter 244 is amended by striking sec23 tion 24406. 

24 (11) Chapter 249 is amended by striking sec25 tion 24909. 


dlhill on DSK7TPTVN1PROD with BILLS
580 

•HR 4834 IH

1 (12) Section 24910 is amended by striking sub2 section (e). 

3 (13) Section 26104 is amended by— 

4 (A) striking subsection (a); and 

5 (B) redesignating subsection (b) as (a). 

6 (14) Section 26106 is amended by striking sub7 section (h). 

8 SEC. 9502. TECHNICAL CORRECTIONS TO THE RAIL SAFETY 

9 IMPROVEMENT ACT OF 2008. 

10 (a) FEDERAL RAILROAD ADMINISTRATION.—Section 

11 103(c) is amended by striking ‘‘the Administration shall 

12 consider the assignment and maintenance of safety as the 

13 highest priority,’’ and inserting ‘‘the Administration shall 

14 consider the improvement of safety as the highest pri15 ority,’’. 

16 (b) ASSISTANCE TO FAMILIES OF PASSENGERS IN17 VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 

18 is amended— 

19 (1) in subsection (a)(1) by striking ‘‘phone 

20 number’’ and inserting ‘‘telephone number’’; 

21 (2) in subsection (a)(2) by striking ‘‘post trau22 ma communication with families’’ and inserting 

23 ‘‘post-trauma communication with families’’; and 


dlhill on DSK7TPTVN1PROD with BILLS
581 

•HR 4834 IH

1 (3) in subsection (j)(2) by striking ‘‘railroad 

2 passenger accident’’ and inserting ‘‘rail passenger 

3 accident’’. 

4 (c) SOLID WASTE RAIL TRANSFER FACILITIES

5 LAND-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 

9 2008,’’; 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 (d) RULEMAKING PROCESS.—Section 20116 is 

14 amended— 

15 (1) by inserting ‘‘(1)’’ after ‘‘unless’’; and 

16 (2) by inserting ‘‘(2)’’ before ‘‘the code, rule, 

17 standard, requirement, or practice has been subject 

18 to notice and comment under a rule or order issued 

19 under this part.’’. 

20 (e) ENFORCEMENT REPORT.—Section 20120(a) is 

21 amended— 

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

23 striking ‘‘website’’ and inserting ‘‘Web site’’; 


dlhill on DSK7TPTVN1PROD with BILLS
582 

•HR 4834 IH

1 (2) in paragraph (1), by striking ‘‘accident and 

2 incidence reporting’’ and inserting ‘‘accident and in3 cident reporting’’; 

4 (3) in paragraph (2)(G), by inserting ‘‘and’’ at 

5 the end; and 

6 (4) in paragraph (5)(B) by striking ‘‘Adminis7 trative Hearing Officer or Administrative Law 

8 Judge’’ and inserting ‘‘administrative hearing officer 

9 or administrative law judge’’. 

10 (f) RAILROAD SAFETY RISK REDUCTION PRO11 GRAM.—Section 20156 is amended— 

12 (1) in subsection (c) by inserting a comma after 

13 ‘‘In developing its railroad safety risk reduction pro14 gram’’; and 

15 (2) in subsection (g) by inserting a comma after 

16 ‘‘good faith’’ and by striking ‘‘non-profit’’ and in17 serting ‘‘nonprofit’’. 

18 (g) ROADWAY USER SIGHT DISTANCE AT HIGHWAY19 RAIL GRADE CROSSINGS.—Section 20159 is amended by 

20 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of 

21 Transportation’’. 

22 (h) NATIONAL CROSSING INVENTORY.—Section 

23 20160 is amended— 

24 (1) in subsection (a)(1) by striking the word 

25 ‘‘or’’ from the phrase ‘‘concerning each previously 


dlhill on DSK7TPTVN1PROD with BILLS
583 

•HR 4834 IH

1 unreported crossing through which it operates or 

2 with respect to the trackage over which it operates’’; 

3 and 

4 (2) in subsection (b)(1)(A) by striking the word 

5 ‘‘or’’ from the phrase ‘‘concerning each crossing 

6 through which it operates or with respect to the 

7 trackage over which it operates’’. 

8 (i) MINIMUM TRAINING STANDARDS.—Section 

9 20162(a)(3) is amended by striking ‘‘railroad compliance 

10 with Federal standards’’ and inserting ‘‘railroad carrier 

11 compliance with Federal standards’’. 

12 (j) DEVELOPMENT AND USE OF RAIL SAFETY TECH13 NOLOGY.—Section 20164(a) is amended by striking ‘‘after 

14 enactment of the Railroad Safety Enhancement Act of 

15 2008’’ and inserting ‘‘after the enactment of the Rail 

16 Safety Improvement Act of 2008’’. 

17 (k) LIMITATIONS ON FINANCIAL ASSISTANCE.—Sec18 tion 22106(b) is amended by striking ‘‘interest thereof’’ 

19 and inserting ‘‘interest thereon’’. 

20 (l) CHAPTER ANALYSIS FOR CHAPTER 243.—The 

21 item for section 24316 in the chapter analysis for chapter 

22 243 is amended by striking ‘‘to assist families of pas23 sengers’’ and inserting ‘‘to address needs of families of 

24 passengers’’. 


dlhill on DSK7TPTVN1PROD with BILLS
584 

•HR 4834 IH

1 SEC. 9503. TECHNICAL CORRECTION TO INTRODUCTORY 

2 TEXT OF PUBLIC LAW 110–432. 

3 The introductory text of Public Law 110–432 (122 

4 Stat. 4848) is amended by striking ‘‘Federal Railroad 

5 Safety Administration’’ and inserting ‘‘Federal Railroad 

6 Administration’’. 

7 SEC. 9504. TECHNICAL CORRECTIONS TO UNCODIFIED PRO8 VISIONS OF DIVISION A OF PUBLIC LAW 110– 

9 432, THE RAIL SAFETY IMPROVEMENT ACT OF 

10 2008. 

11 (a) TABLE OF CONTENTS.—Section 1(b) of division 

12 A of Public Law 110–432 (122 Stat. 4848), is amended— 

13 (1) in the item for section 307, by striking 

14 ‘‘website’’ and inserting ‘‘Web site’’. 

15 (2) in the item for title VI, by striking ‘‘Solid 

16 Waste Facilities’’ and inserting ‘‘Solid Waste Rail 

17 Transfer Facilities’’; and 

18 (3) in the item for section 602, by striking 

19 ‘‘solid waste transfer facilities’’ and inserting ‘‘solid 

20 waste rail transfer facilities’’. 

21 (b) DEFINITIONS.—Section 2(a)(1) of division A of 

22 Public Law 110–432 (122 Stat. 4849) is amended by in23 serting a comma after the word ‘‘grade’’. 

24 (c) RAILROAD SAFETY STRATEGY.—Section 

25 102(a)(6) of title I of division A of Public Law 110–432 

26 (122 Stat. 4852) is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
585 

•HR 4834 IH

1 (1) by striking ‘‘Improving the safety of rail2 road bridges, tunnels, and related infrastructure to 

3 prevent accidents, incidents, injuries and fatalities 

4 caused by catastrophic failures and other bridge and 

5 tunnel failures.’’; and 

6 (2) by inserting ‘‘Improving the safety of rail7 road bridges, tunnels, and related infrastructure to 

8 prevent accidents, incidents, injuries and fatalities 

9 caused by catastrophic and other failures of such in10 frastructure.’’. 

11 (d) OPERATION LIFESAVER.—Section 206(a) of title 

12 II of division A of Public Law 110–432 (122 Stat. 4873) 

13 is amended by striking ‘‘Public Service Announcements’’ 

14 and inserting ‘‘public service announcements’’. 

15 (e) UPDATE OF FEDERAL RAILROAD ADMINISTRA16 TION’S WEB SITE.—Section 307 of title III of division A 

17 of Public Law 110–432 (122 Stat. 4881) is amended— 

18 (1) in the caption by striking ‘‘WEBSITE’’ and 

19 inserting ‘‘WEB SITE’’; and 

20 (2) in the text by striking ‘‘website’’ wherever 

21 it appears and inserting ‘‘Web site’’. 

22 (f) ALCOHOL AND CONTROLLED SUBSTANCE TEST23 ING FOR MAINTENANCE-OF-WAY EMPLOYEES.—Section 

24 412 of title IV of division A of Public Law 110–432 (122 


dlhill on DSK7TPTVN1PROD with BILLS
586 

•HR 4834 IH

1 Stat. 4889) is amended by striking ‘‘Secretary of Trans2 portation’’ and inserting ‘‘Secretary’’. 

3 (g) TUNNEL INFORMATION.—Section 414 of title IV 

4 of division A of Public Law 110–432 is amended— 

5 (1) by striking ‘‘parts 171.8, 173.115,’’ (122 

6 Stat. 4889) and inserting ‘‘sections 171.8, 

7 173.115,’’; and 

8 (2) by striking ‘‘part 1520.5’’ (122 Stat. 4890) 

9 and inserting ‘‘section 1520.5’’. 

10 (h) SAFETY INSPECTIONS IN MEXICO.—Section 416 

11 of title IV of division A of Public Law 110–432 (122 Stat. 

12 4890) is amended— 

13 (1) in the introductory text by striking ‘‘Sec14 retary of Transportation’’ and inserting ‘‘Secretary’’; 

15 and 

16 (2) in paragraph (4) by striking ‘‘subsection’’ 

17 and inserting ‘‘section’’. 

18 (i) HEADING OF TITLE VI.—The heading of title VI 

19 of division A of Public Law 110–432 (122 Stat. 4900) 

20 is amended by striking ‘‘SOLID WASTE FACILI21 TIES’’ and inserting ‘‘SOLID WASTE RAIL 

22 TRANSFER FACILITIES’’. 

23 (j) CAPTION OF SECTION 602.—The caption of sec24 tion 602 of title VI of division A of Public Law 110–432 

25 (122 Stat. 4900) is amended by striking ‘‘SOLID WASTE


dlhill on DSK7TPTVN1PROD with BILLS
587 

•HR 4834 IH

1 TRANSFER FACILITIES.’’ and inserting ‘‘SOLID WASTE

2 RAIL TRANSFER FACILITIES.’’. 

3 SEC. 9505. TECHNICAL CORRECTIONS TO PROVISIONS OF 

4 THE HOURS OF SERVICE LAWS AND RELATED 

5 CIVIL PENALTY PROVISION. 

6 (a) NONAPPLICATION, EXEMPTION, AND ALTERNATE

7 HOURS OF SERVICE REGIME.—Section 21102(c) is 

8 amended— 

9 (1) by striking ‘‘APPLICATION OF HOURS OF

10 SERVICE REGIME TO COMMUTER AND INTER11 CITY PASSENGER RAILROAD TRAIN EMPLOY12 EES’’ and inserting ‘‘APPLICATION OF HOURS OF

13 SERVICE REGIME TO COMMUTER AND INTER14 CITY PASSENGER RAILROAD TRAIN EMPLOY15 EES, INCLUDING TOURIST, HISTORIC, SCENIC, 

16 OR EXCURSION RAILROAD TRAIN EMPLOYEES’’; 

17 (2) in paragraph (1) by inserting after ‘‘com18 muter rail passenger transportation or intercity rail 

19 passenger transportation,’’ the phrase ‘‘including 

20 tourist, historic, scenic, or excursion rail transpor21 tation,’’ and by striking ‘‘including public authorities 

22 operating passenger service’’ and inserting ‘‘includ23 ing tourist, historic, scenic, or excursion railroad 

24 carriers and public authorities operating passenger 

25 service’’; 


dlhill on DSK7TPTVN1PROD with BILLS
588 

•HR 4834 IH

1 (3) in paragraph (2) by inserting after ‘‘com2 muter rail passenger transportation or intercity rail 

3 passenger transportation,’’ the following phrase: ‘‘in4 cluding tourist, historic, scenic, or excursion rail 

5 transportation,’’; 

6 (4) in paragraph (3)(A) by inserting after 

7 ‘‘commuter rail passenger transportation or intercity 

8 rail passenger transportation’’ a comma and adding 

9 the following phrase: ‘‘including tourist, historic, sce10 nic, or excursion rail transportation,’’; and 

11 (5) in paragraph (4) by striking the colon after 

12 ‘‘In this subsection’’ and inserting a dash and by re13 designating subparagraphs (C) and (D) as subpara14 graphs (B) and (C) respectively. 

15 (b) LIMITATIONS ON DUTY HOURS OF TRAIN EM16 PLOYEES.—Section 21103(e) is amended by striking 

17 ‘‘such railroads’ efficient operations and on-time perform18 ance of its trains.’’ and inserting ‘‘such a railroad’s effi19 cient operations and on-time performance of its trains.’’. 

20 (c) REGULATORY AUTHORITY.—Section 21109(b) is 

21 amended— 

22 (1) by striking ‘‘REGULATIONS GOVERNING

23 THE HOURS OF SERVICE OF TRAIN EMPLOYEES

24 OF COMMUTER AND INTERCITY PASSENGER

25 RAILROAD CARRIERS’’ and inserting ‘‘REGULAVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
589 

•HR 4834 IH

1 TIONS GOVERNING THE HOURS OF SERVICE OF

2 TRAIN EMPLOYEES OF COMMUTER AND INTER3 CITY PASSENGER RAILROAD CARRIERS, IN4 CLUDING TRAIN EMPLOYEES OF TOURIST, HIS5 TORIC, SCENIC, OR EXCURSION RAILROAD

6 CARRIERS’’; and 

7 (2) by inserting after ‘‘train employees engaged 

8 in commuter rail passenger transportation and inter9 city rail passenger transportation (as defined in sec10 tion 24102 of this title)’’ a comma and adding the 

11 following phrase: ‘‘including train employees engaged 

12 in the transportation by railroad of passengers on 

13 tourist, historic, scenic, or excursion railroad car14 riers,’’. 

15 (d) CHAPTER 211 VIOLATIONS.—Section 

16 21303(a)(1) is amended by inserting after the comma in 

17 ‘‘including section 21103 (as such section was in effect 

18 on the day before the date of enactment of the Rail Safety 

19 Improvement Act of 2008),’’ the following phrase: ‘‘vio20 lating regulations or orders issued pursuant to chapter 

21 211 of this title,’’. 

22 SEC. 9506. ELIMINATION OF CERTAIN FRA REPORTING RE23 QUIREMENTS. 

24 Section 102(d) of the Rail Safety Improvement Act 

25 of 2008 (49 U.S.C. 20101) is amended— 


dlhill on DSK7TPTVN1PROD with BILLS
590 

•HR 4834 IH

1 (1) by striking the heading for paragraph (1); 

2 and 

3 (2) by striking paragraph (2). 

4 TITLE X—MISCELLANEOUS 

5 SEC. 10001. CONSIDERATION OF TRAVEL AND TOURISM IN 

6 AWARD OF FINANCIAL ASSISTANCE. 

7 Section 305 of title 49, United States Code, is 

8 amended by inserting the following at the end: 

9 ‘‘(c) The Secretary shall— 

10 ‘‘(1) encourage recipients of grants under this 

11 title and title 23 to fund projects with the grants 

12 that support travel and tourism-based infrastructure 

13 within the United States; and 

14 ‘‘(2) consider the potential effects of travel and 

15 tourism within the United States among the eligi16 bility criteria when allocating funds for projects 

17 funded under the titles.’’. 

18 SEC. 10002. ELECTRONIC REPORTS AND REPORT MODI19 FICATION. 

20 (a) USE OF ELECTRONIC MEDIA FOR DOT RE21 PORTS.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the Secretary of Transportation— 

24 (A) may not publish any report required or 

25 authorized by law in a printed format; and 


dlhill on DSK7TPTVN1PROD with BILLS
591 

•HR 4834 IH

1 (B) shall publish any such report by post2 ing it on the Department’s Internet Web site in 

3 an easily accessible and downloadable electronic 

4 format. 

5 (2) EXCEPTION.—Paragraph (1) does not apply 

6 to any report with respect to which the Secretary de7 termines that— 

8 (A) its publication in a printed format is 

9 essential to the mission of the Department of 

10 Transportation, as determined by the Secretary; 

11 or 

12 (B) its publication in accordance with the 

13 requirements of paragraph (1) would disclose 

14 matter— 

15 (i) described in section 552(b) of title 

16 5, United States Code; or 

17 (ii) the disclosure of which would have 

18 an adverse impact on safety or security, as 

19 determined by the Secretary. 

20 (b) ANNUAL REPORTING REQUIREMENT ON NTSB 

21 MOST WANTED LIST.— 

22 (1) Section 1135(e)(1) of title 49, United 

23 States Code, is amended— 

24 (A) by striking ‘‘On February 1 of each 

25 year’’ and inserting ‘‘Within 120 days after 


dlhill on DSK7TPTVN1PROD with BILLS
592 

•HR 4834 IH

1 publication of the Board’s annual’’ most wanted 

2 list‘‘’’; and 

3 (B) by striking ‘‘the report due on Feb4 ruary 1 of’’. 

5 (2) Section 1135(e)(2) of title 49, United 

6 States Code is amended by striking ‘‘on March 1 of 

7 each year’’ and inserting ‘‘after 30 days following 

8 the due date,’’. 

9 SEC. 10003. AMENDMENT OF FEDERAL AID IN SPORT FISH 

10 RESTORATION ACT. 

11 Section 4 of the Federal Aid in Fish Restoration Act 

12 (16 U.S.C. 777c) is amended— 

13 (1) in subsection (a), by striking ‘‘fiscal year 

14 through 2014,’’ and inserting ‘‘fiscal year through 

15 2018,’’; and 

16 (2) in subsection (b)(1)(A), by striking ‘‘fiscal 

17 year through 2014,’’ and inserting ‘‘fiscal year 

18 through 2018,’’. 

19 SEC. 10004. AMENDMENTS TO CHAPTER 537 OF TITLE 46. 

20 Chapter 537 of title 46, United States Code, is 

21 amended— 

22 (1) by amending section 53701(13) to read as 

23 follows: 

24 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

25 means— 


dlhill on DSK7TPTVN1PROD with BILLS
593 

•HR 4834 IH

1 ‘‘(A) the Secretary of Commerce with re2 spect to fishing vessels and fishery facilities; 

3 and 

4 ‘‘(B) the Secretary of Transportation with 

5 respect to other vessels and general shipyard fa6 cilities (as defined in section 53733(a) of this 

7 title).’’; 

8 (2) in section 53706(c), by striking ‘‘Adminis9 trator’’ each place it appears and inserting ‘‘Sec10 retary or Administrator’’; 

11 (3) in section 53707(b), by striking ‘‘Adminis12 trator’’ and inserting ‘‘Secretary or Administrator’’; 

13 (4) in section 53708(a), by striking ‘‘Adminis14 trator’’ each place it appears and inserting ‘‘Sec15 retary or Administrator’’; 

16 (5) in section 53710(b)— 

17 (A) in paragraph (1), by striking ‘‘Admin18 istrator’s’’ and inserting ‘‘Secretary’s or Admin19 istrator’s’’; and 

20 (B) in paragraph (2), by striking ‘‘Admin21 istrator’’ and inserting ‘‘Secretary or Adminis22 trator’’; 

23 (6) in section 53717— 


dlhill on DSK7TPTVN1PROD with BILLS
594 

•HR 4834 IH

1 (A) in subsection (b), by striking ‘‘Admin2 istrator’’ each place it appears and inserting 

3 ‘‘Secretary or Administrator’’; and 

4 (B) by striking subsection (c) and redesig5 nating subsection (d) as subsection (c); 

6 (7) in section 53718, by striking ‘‘Adminis7 trator’’ and inserting ‘‘Secretary or Administrator’’; 

8 (8) in section 53731, by striking ‘‘Adminis9 trator’’ each place it appears and inserting ‘‘Sec10 retary or Administrator’’; 

11 (9) in section 53732, by striking ‘‘Adminis12 trator’’ each place it appears and inserting ‘‘Sec13 retary or Administrator’’; and 

14 (10) in section 53733, by striking ‘‘Adminis15 trator’’ each place it appears and inserting ‘‘Sec16 retary or Administrator’’. 

17 SEC. 10005. GOVERNMENT-WIDE AUTHORITY FOR ELEC18 TRIC CHARGING INFRASTRUCTURE AT NO 

19 COST TO THE TAXPAYER. 

20 (a) ESTABLISHMENT OF AUTHORITY FOR GOVERN21 MENT-WIDE PROVISION OF ELECTRIC CHARGING AT NO

22 COST TO THE TAXPAYER.—Chapter 79 of title 5, United 

23 States Code, is amended by adding at the end the fol24 lowing: 


dlhill on DSK7TPTVN1PROD with BILLS
595 

•HR 4834 IH

1 ‘‘SEC. 7907. GOVERNMENT-WIDE AUTHORITY FOR ELECTRIC 

2 CHARGING INFRASTRUCTURE. 

3 ‘‘(a) DEFINITIONS.— 

4 ‘‘(1) COVERED INDIVIDUAL.—The term ‘cov5 ered individual’ means— 

6 ‘‘(A) any employee (as defined in section 

7 2105 of this title; 

8 ‘‘(B) a member of a uniformed service; 

9 ‘‘(C) any other individual who performs 

10 services for or on behalf of a Federal agency 

11 under a contract or subcontract with a Federal 

12 agency; or 

13 ‘‘(D) a visitor to a Federal agency or facil14 ity. 

15 ‘‘(2) FEDERAL AGENCY.—The term ‘Federal 

16 agency’ has the meaning given the term ‘Executive 

17 agency’ in section 105 of this title, and also includes 

18 the U.S. Postal Service, the Executive Office of the 

19 President, the military departments as defined in 

20 section 102 of this title, and the judicial branch. 

21 ‘‘(b) AUTHORITY.— 

22 ‘‘(1) IN GENERAL.—The head of a Federal 

23 agency may— 

24 ‘‘(A) construct, install, operate, and main25 tain electric charging infrastructure on a reimVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
596 

•HR 4834 IH

1 bursable basis in parking areas under the juris2 diction of the Federal agency; and 

3 ‘‘(B) provide electricity on a reimbursable 

4 basis in parking areas under the jurisdiction of 

5 the Federal agency for use by privately owned 

6 vehicles used by covered individuals. 

7 ‘‘(2) VENDORS AUTHORIZED.—In carrying out 

8 paragraph (1), the head of a Federal agency may 

9 use 1 or more vendors on a commission or no-cost 

10 contract basis. 

11 ‘‘(3) USE OF CHARGING INFRASTRUCTURE FOR

12 OFFICIAL AGENCY VEHICLES.—The head of a Fed13 eral agency may use electric charging infrastructure 

14 installed for official agency vehicles, to the extent 

15 that it is available, to provide electric vehicle charg16 ing under this section. 

17 ‘‘(4) INTEGRATION OF RENEWABLE ENERGY.— 

18 The head of a Federal agency may encourage the in19 clusion of options for generating electricity from re20 newable energy as part of the design of parking 

21 areas for the agency. 

22 ‘‘(c) FEES.—The head of a Federal agency shall 

23 charge fees for electricity provided to covered individuals 

24 sufficient to cover the initial and continuing costs to the 

25 head of the Federal agency of carrying out this section, 


dlhill on DSK7TPTVN1PROD with BILLS
597 

•HR 4834 IH

1 including the costs of any vendors or other costs associ2 ated with maintaining the electric charging infrastructure. 

3 ‘‘(d) DEPOSIT AND AVAILABILITY OF FEES AND

4 COMMISSIONS.—Any fees or commissions collected by the 

5 head of a Federal agency under this section— 

6 ‘‘(1) shall be— 

7 ‘‘(A) deposited monthly into the account of 

8 the Treasury from which the amounts were 

9 made available to carry out this section, not10 withstanding section 3302(b) of title 31; and 

11 ‘‘(B) transferred from the Treasury to an 

12 appropriate account of the agency if the agency 

13 operates with a budget outside of the Treasury; 

14 and 

15 ‘‘(2) shall be available for obligation by the 

16 head of the Federal agency without further appro17 priation during— 

18 ‘‘(A) the fiscal year collected; and 

19 ‘‘(B) the fiscal year following the fiscal 

20 year collected. 

21 ‘‘(e) PARKING FEES.—If a Federal agency charges 

22 covered employees parking fees for use of a facility that 

23 contains an electric vehicle charging facility provided 

24 under this section, employees using the electric vehicle 


dlhill on DSK7TPTVN1PROD with BILLS
598 

•HR 4834 IH

1 charging facility shall pay the same parking fee as covered 

2 employees not using the electric vehicle charging facility.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 79 of title 5, United States Code, is amended by 

5 adding at the end the following: 

‘‘7907. Government-Wide Authority for Electric Charging Infrastructure.’’. 

6 TITLE XI—BUDGETARY INTER7 PRETATIONS AND TREAT8 MENTS 

9 SEC. 11001. AMOUNTS IN THIS ACT. 

10 (a) CONTRACT AUTHORITY.—Except as provided in 

11 subsection (c), or except as explicitly provided otherwise 

12 by this Act or in title 23, United States Code, all funding 

13 provided by this Act is contract authority as defined in 

14 section 3(2)(A)(iii) of the Congressional Budget and Im15 poundment Act of 1974 (2 U.S.C. 622(2)(A)(iii)), and all 

16 such contract authority shall become available for obliga17 tion in the fiscal year specified in this Act and shall re18 main available until expended. 

19 (b) OBLIGATION LIMITS.— 

20 (1) IN GENERAL.—Except as explicitly pro21 vided, obligation limits established by this Act shall 

22 apply for a term of one year and shall apply to obli23 gations to be incurred in the fiscal year specified. 

24 Notwithstanding any other provision of law, obligaVerDate Mar 15 2010 02:10 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834

dlhill on DSK7TPTVN1PROD with BILLS
599 

•HR 4834 IH

1 tion limits established by this Act shall not apply 

2 after 2018. 

3 (2) EXCEPTIONS.— 

4 (A) Except as provided in this Act, obliga5 tion limits established by this Act shall apply to 

6 unobligated contract authority from the High7 way Trust Fund (other than the Mass Transit 

8 Account) prior to the date of enactment of this 

9 Act. 

10 (B) Obligation limitations established by 

11 this Act shall not apply to— 

12 (i) unobligated contract authority pro13 vided by this Act that could have been obli14 gated in a prior year within any obligation 

15 limits applicable to that prior year or was 

16 exempt from such limitations, but was not 

17 so obligated; 

18 (ii) the use of fees authorized or pro19 vided by this Act as described in sub20 section (d); and 

21 (iii) reimbursable programs under22 taken by accounts established in this Act 

23 on behalf of discretionary accounts. 

24 (3) OBLIGATION LIMITS IN APPROPRIATIONS

25 ACTS.— 


dlhill on DSK7TPTVN1PROD with BILLS
600 

•HR 4834 IH

1 (A) During any session of Congress, ap2 propriations Acts may increase or decrease any 

3 obligation limit established by this Act for any 

4 current year or budget year prior to fiscal year 

5 2019. 

6 (B) During any session of Congress, it 

7 shall not be in order in either the House of 

8 Representatives or the Senate for any appro9 priations Act to alter obligation limits under 

10 this Act for any outyear. 

11 (C) This paragraph is enacted by the Con12 gress— 

13 (i) as an exercise of the rulemaking 

14 power of the House of Representatives and 

15 the Senate, respectively, and as such is 

16 deemed a part of the rules of each House, 

17 respectively, and such procedures super18 sede other rules only to the extent that 

19 they are inconsistent therewith; and 

20 (ii) with full recognition of the con21 stitutional right of either House to change 

22 the rules (so far as relating to the proce23 dure of that House) at any time, in the 

24 same manner and to the same extent as in 

25 the case of any other rule of that House. 


dlhill on DSK7TPTVN1PROD with BILLS
601 

•HR 4834 IH

1 (c) LIQUIDATING CASH.—There is authorized to be 

2 appropriated such sums as may be necessary for the liq3 uidation of obligations incurred under contract authority 

4 created by this Act or under contract authority provided 

5 from the Highway Trust Fund as it existed in any version 

6 at any time prior to the effective date of this Act. 

7 (d) ADMINISTRATIVE FEES.—The collection and ex8 penditure of fees to cover certain administrative costs 

9 under this Act for a fiscal year, if subject to annual appro10 priations, shall be treated as discretionary offsetting col11 lections and discretionary appropriations, respectively. 

12 The collection and expenditure of fees to cover certain ad13 ministrative costs under this Act for a fiscal year, if not 

14 subject to annual appropriations, shall be treated as man15 datory offsetting collections and mandatory appropria16 tions, respectively. 

17 SEC. 11002. DIRECT OR MANDATORY SPENDING. 

18 (a) NEW CONTRACT AUTHORITY; OUTLAYS.—The 

19 contract authority created by this Act and the outlays 

20 flowing from that contract authority shall be treated as 

21 direct spending or mandatory spending for all purposes. 

22 (b) PRIOR FUNDING OF THE HIGHWAY TRUST

23 FUND.—To the extent that contract authority from the 

24 Highway Trust Fund enacted prior to the date of the en25 actment of this Act produces outlays in fiscal year 2015 


dlhill on DSK7TPTVN1PROD with BILLS
602 

•HR 4834 IH

1 or beyond, as of October 1, 2014, those outlays shall be 

2 treated as direct spending or mandatory spending for all 

3 purposes and shall be attributed to the Transportation 

4 Trust Fund. 

5 SEC. 11003. TREATMENT FOR STATUTORY PAYGO AND RE6 LATED PURPOSES. 

7 (a) GENERAL RULE.—Except as provided in sub8 section (b), and consistent with the definition of direct 

9 spending in section 250(c)(8) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985, as amended (2 

11 U.S.C. 900(c)(8)), the following shall be treated as direct 

12 spending for purposes of Presidential and Congressional 

13 budgets and the Statutory Pay-As-You-Go Act of 2010 

14 (124 Stat. 8): 

15 (1) Contract authority of the Transportation 

16 Trust Fund under this Act, the outlays flowing 

17 therefrom, and the outlays flowing from contract au18 thority previously provided from the Highway Trust 

19 Fund. 

20 (2) Except as provided in section 11004, 

21 11005, and 11006 of this title, legislation reauthor22 izing or amending this Act. 

23 (b) TRANSITIONAL RULE; EXCESS REVENUES ARE

24 DEDICATED TO DEFICIT REDUCTION.—For purposes of 

25 Presidential and Congressional budgets and the Statutory 


dlhill on DSK7TPTVN1PROD with BILLS
603 

•HR 4834 IH

1 Pay-As-You-Go Act of 2010 (124 Stat. 8), calculations of 

2 the budgetary effects of this Act when it is initially en3 acted shall be as follows: 

4 (1) The baseline projections of total outlays for 

5 the Highway Trust Fund and of new outlays for the 

6 general fund accounts listed in paragraph (2) shall 

7 be treated as offsets to the total level of mandatory 

8 outlays of the Transportation Trust Fund resulting 

9 from this Act. 

10 (A) For this purpose, ‘‘new outlays’’ means 

11 outlays that flow from contract authority pro12 vided by this Act. 

13 (B) For this purpose, the budgetary re14 sources to which the baseline projection shall 

15 apply are— 

16 (i) the discretionary budget authority 

17 provided for fiscal year 2014, for the ac18 counts listed in paragraph (2); and 

19 (ii) the obligation limits for fiscal year 

20 2014 applicable to the Highway Trust 

21 Fund, and shall be projected under section 

22 257(c) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985, as 

24 amended (2 U.S.C. 907(c)), except that 

25 contract authority of the Highway Trust 


dlhill on DSK7TPTVN1PROD with BILLS
604 

•HR 4834 IH

1 Fund not subject to those obligation limits 

2 shall be projected under section 257(b) of 

3 that Act. 

4 (2) The general fund programs referred to in 

5 paragraph (1) are— 

6 (A) the general fund portion of National 

7 Highway Traffic Safety Administration, Oper8 ations and Research (69X0650). 

9 (B) Federal Transit Administration, Ad10 ministrative Expenses (69 1120). 

11 (C) Federal Transit Administration, Cap12 ital Investment Grants (69X1134). 

13 (D) Federal Transit Administration, Re14 search and University Research Centers 

15 (69X1137). 

16 (E) Federal Transit Administration, Tech17 nical Assistance and Standards Development 

18 (69X1142). 

19 (F) Federal Railroad Administration, Op20 erating Subsidy Grants to the National Rail21 road Passenger Corporation (69X0121). 

22 (G) Federal Railroad Administration, Cap23 ital and Debt Service Grants to the National 

24 Railroad Passenger Corporation (69X0125). 


dlhill on DSK7TPTVN1PROD with BILLS
605 

•HR 4834 IH

1 (H) National Infrastructure Investments 

2 (69X0143). 

3 (3) If the increase in net governmental receipts 

4 under this Act, relative to current law, exceeds the 

5 increase in mandatory outlays under this Act as 

6 measured under paragraph (1) for either or both of 

7 the periods covered by the five-year scorecard and 

8 the ten-year scorecard established by the Statutory 

9 Pay-As-You-Go Act of 2010 (124 Stat. 8), the 

10 amounts of that excess in net governmental receipts 

11 shall not be recorded on those respective scorecards, 

12 with the result that this Act shall not be shown as 

13 reducing Pay-As-You-Go deficits or increasing Pay14 As-You-Go surpluses. 

15 SEC. 11004. SCORING OF CHANGES IN CONTRACT AUTHOR16 ITY IN APPROPRIATIONS ACTS. 

17 Consistent with scorekeeping guidelines in effect from 

18 1990 through the enactment of this Act, changes enacted 

19 in annual appropriations Acts during a session of Con20 gress to the level of contract authority provided by this 

21 Act shall be scored as discretionary to the extent they in22 crease or decrease contract authority in the current year 

23 or the budget year, and shall be scored as mandatory or 

24 direct spending to the extent they increase or decrease 

25 contract authority in an outyear. To the extent any such 


dlhill on DSK7TPTVN1PROD with BILLS
606 

•HR 4834 IH

1 change in contract authority produces changes in esti2 mated outlays in any year, that change in outlays shall 

3 be scored as discretionary if it is generated by a change 

4 in contract authority that is scored as discretionary, and 

5 shall be scored as mandatory if it is generated by a change 

6 in contract authority that is scored as mandatory. 

7 SEC. 11005. SCORING OF CHANGES IN OBLIGATION LIMITS 

8 IN APPROPRIATIONS ACTS. 

9 øDetermine in consultation with Congress.¿ 

10 SEC. 11006. SCORING OF TRANSFERS BETWEEN THE GEN11 ERAL FUND AND THE TRANSPORTATION 

12 TRUST FUND. 

13 øDetermine in consultation with Congress.¿ 

14 SEC. 11007. SPECIAL RULE. 

15 (a) IN GENERAL.—On September 30, 2018, the Sec16 retary shall permanently cancel, and return such amounts 

17 to the Treasury, the contract authority described in sub18 section (b). 

19 (b) REFERENCED CONTRACT AUTHORITY.—The con20 tract authority referenced in subsection (a) are those 

21 amounts apportioned under the Federal Aid Highway pro22 gram that are available to each State for fiscal years 2015 

23 through 2018, that are in excess of contract authority pro24 vided for fiscal years 2015 through 2018 by section 2001 

25 of this Act. 


dlhill on DSK7TPTVN1PROD with BILLS
607 

•HR 4834 IH

1 (c) CANCELLATION METHOD.—When implementing 

2 subsection (a), the cancellation shall be taken from unobli3 gated balances that remain from contract authority en4 acted before the enactment of this Act. 

5 (d) LIMITED APPLICABILITY.—This section shall not 

6 apply to contract authority provided by øthis Act¿ or prior 

7 acts that is exempt from obligation limitations. 

Æ 


dlhill on DSK7TPTVN1PROD with BILLS