337 
‘‘(III) In addition to any other 
penalties imposed by State law, the 
grant of an unrestricted driver’s license 
be automatically delayed for any indi-
vidual who, during the learner’s per-
mit stage, is convicted of a driving-re-
lated offense, including those described 
in clause (i)(III). 
‘‘(3) EXCEPTION.—A State that otherwise meets 
the minimum requirements set forth in paragraph (2) 
shall be deemed by the Secretary to be in compliance 
with the requirement set forth in paragraph (2) if the 
State enacted a law before January 1, 2011, estab-
lishing a class of license that permits licensees or ap-
plicants younger than 18 years of age to drive a 
motor vehicle— 
‘‘(A) in connection with work performed on, 
or for the operation of, a farm owned by family 
members who are directly related to the appli-
cant or licensee; or 
‘‘(B) if demonstrable hardship would result 
from the denial of a license to the licensees or ap-
plicants. 
‘‘(4) ALLOCATION.—Grant funds allocated to a 
State under this subsection for a fiscal year shall be 
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in proportion to the State’s apportionment under sec-
tion 402 for fiscal year 2009. 
‘‘(5) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), grant funds received by a 
State under this subsection shall be used for— 
‘‘(i) enforcing a 2-stage licensing proc-
ess that complies with paragraph (2); 
‘‘(ii) training for law enforcement per-
sonnel and other relevant State agency per-
sonnel relating to the enforcement described 
in clause (i); 
‘‘(iii) publishing relevant educational 
materials that pertain directly or indirectly 
to the State graduated driver licensing law; 
‘‘(iv) carrying out other administrative 
activities that the Secretary considers rel-
evant to the State’s 2-stage licensing proc-
ess; or 
‘‘(v) carrying out a teen traffic safety 
program described in section 402(m). 
‘‘(B) FLEXIBILITY.— 
‘‘(i) Not more than 75 percent of grant 
funds received by a State under this sub-
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section may be used for any eligible project 
or activity under section 402. 
‘‘(ii) Not more than 100 percent of 
grant funds received by a State under this 
subsection may be used for any eligible 
project or activity under section 402, if the 
State is in the lowest 25 percent of all 
States for the number of drivers under age 
18 involved in fatal crashes in the State per 
the total number of drivers under age 18 in 
the State based on the most recent data that 
conforms with criteria established by the 
Secretary.’’. 
(g) NONMOTORIZED SAFETY.—Section 405 of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(h) NONMOTORIZED SAFETY.— 
‘‘(1) GENERAL AUTHORITY.—Subject to the re-
quirements under this subsection, the Secretary shall 
award grants to States for the purpose of decreasing 
pedestrian and bicycle fatalities and injuries that re-
sult from crashes involving a motor vehicle. 
‘‘(2) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out by a State using amounts 
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from a grant awarded under this subsection may not 
exceed 80 percent. 
‘‘(3) ELIGIBILITY.—A State shall receive a grant 
under this subsection in a fiscal year if the annual 
combined pedestrian and bicycle fatalities in the 
State exceed 15 percent of the total annual crash fa-
talities in the State, based on the most recently re-
ported final data from the Fatality Analysis Report-
ing System. 
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds re-
ceived by a State under this subsection may be used 
for— 
‘‘(A) training of law enforcement officials 
on State laws applicable to pedestrian and bicy-
cle safety; 
‘‘(B) enforcement mobilizations and cam-
paigns designed to enforce State traffic laws ap-
plicable to pedestrian and bicycle safety; and 
‘‘(C) public education and awareness pro-
grams designed to inform motorists, pedestrians, 
and bicyclists of State traffic laws applicable to 
pedestrian and bicycle safety. 
‘‘(5) GRANT AMOUNT.—The allocation of grant 
funds to a State under this subsection for a fiscal 
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year shall be in proportion to the State’s apportion-
ment under section 402 for fiscal year 2009.’’. 
SEC. 4006. PROHIBITION ON FUNDS TO CHECK HELMET 
USAGE OR CREATE RELATED CHECKPOINTS 
FOR A MOTORCYCLE DRIVER OR PASSENGER. 
The Secretary may not provide a grant or otherwise 
make available funding to a State, Indian tribe, county, 
municipality, or other local government to be used for a 
program or activity to check helmet usage, including check-
points related to helmet usage, with respect to a motorcycle 
driver or passenger. 
SEC. 4007. MARIJUANA-IMPAIRED DRIVING. 
(a) STUDY.—The Secretary, in consultation with the 
heads of other Federal agencies as appropriate, shall con-
duct a study on marijuana-impaired driving. 
(b) ISSUES TO BE EXAMINED.—In conducting the 
study, the Secretary shall examine, at a minimum, the fol-
lowing: 
(1) Methods to detect marijuana-impaired driv-
ing, including devices capable of measuring mari-
juana levels in motor vehicle operators. 
(2) A review of impairment standard research 
for driving under the influence of marijuana. 
(3) Methods to differentiate the cause of a driv-
ing impairment between alcohol and marijuana. 
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(4) State-based policies on marijuana-impaired 
driving. 
(5) The role and extent of marijuana impair-
ment in motor vehicle accidents. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary, in co-
operation with other Federal agencies as appropriate, 
shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study. 
(2) CONTENTS.—The report shall include, at a 
minimum, the following: 
(A) FINDINGS.—The findings of the Sec-
retary based on the study, including, at a min-
imum, the following: 
(i) An assessment of methodologies and 
technologies for measuring driver impair-
ment resulting from the use of marijuana, 
including the use of marijuana in combina-
tion with alcohol. 
(ii) A description and assessment of 
the role of marijuana as a causal factor in 
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traffic crashes and the extent of the problem 
of marijuana-impaired driving. 
(iii) A description and assessment of 
current State laws relating to marijuana- 
impaired driving. 
(iv) A determination whether an im-
pairment standard for drivers under the in-
fluence of marijuana is feasible and could 
reduce vehicle accidents and save lives. 
(B) 
RECOMMENDATIONS.—The 
rec-
ommendations of the Secretary based on the 
study, including, at a minimum, the following: 
(i) Effective and efficient methods for 
training law enforcement personnel, includ-
ing drug recognition experts, to detect or 
measure the level of impairment of a motor 
vehicle operator who is under the influence 
of marijuana by the use of technology or 
otherwise. 
(ii) If feasible, an impairment stand-
ard for driving under the influence of mari-
juana. 
(iii) Methodologies for increased data 
collection regarding the prevalence and ef-
fects of marijuana-impaired driving. 
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(d) MARIJUANA DEFINED.—In this section, the term 
‘‘marijuana’’ 
includes 
all 
substances 
containing 
tetrahydrocannabinol. 
SEC. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT 
ELIGIBILITY. 
Not later than 60 days after the date on which the Sec-
retary of Transportation awards grants under section 405 
of title 23, United States Code, the Secretary shall make 
available on a publicly available Internet Web site of the 
Department of Transportation— 
(1) an identification of— 
(A) the States that were awarded grants 
under such section; 
(B) the States that applied and were not 
awarded grants under such section; and 
(C) the States that did not apply for a 
grant under such section; and 
(2) a list of deficiencies that made a State ineli-
gible for a grant under such section for each State 
under paragraph (1)(B). 
SEC. 4009. DATA COLLECTION. 
Section 1906 of SAFETEA–LU (23 U.S.C. 402 note) 
is amended— 
(1) in subsection (a)(1)— 
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(A) by striking ‘‘(A) has enacted’’ and all 
that follows through ‘‘(B) is maintaining’’ and 
inserting ‘‘is maintaining’’; and 
(B) by striking ‘‘and any passengers’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) USE OF GRANT FUNDS.—A grant received by a 
State under subsection (a) shall be used by the State for 
the costs of— 
‘‘(1) collecting and maintaining data on traffic 
stops; and 
‘‘(2) evaluating the results of the data.’’; 
(3) by striking subsection (c) and redesignating 
subsections (d) and (e) as subsections (c) and (d), re-
spectively; 
(4) in subsection (c)(2), as so redesignated, by 
striking ‘‘A State’’ and inserting ‘‘On or after October 
1, 2015, a State’’; and 
(5) in subsection (d), as so redesignated— 
(A) in the subsection heading by striking 
‘‘AUTHORIZATION OF APPROPRIATIONS’’ and in-
serting ‘‘FUNDING’’; 
(B) by striking paragraph (1) and inserting 
the following: 
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‘‘(1) IN GENERAL.—From funds made available 
under section 403 of title 23, United States Code, the 
Secretary shall set aside $7,500,000 for each of the fis-
cal years 2016 through 2021 to carry out this sec-
tion.’’; and 
(C) in paragraph (2)— 
(i) by striking ‘‘authorized by’’ and in-
serting ‘‘made available under’’; and 
(ii) by striking ‘‘percent,’’ and all that 
follows through the period at the end and 
inserting ‘‘percent.’’. 
SEC. 4010. TECHNICAL CORRECTIONS. 
Title 23, United States Code, is amended as follows: 
(1) Section 402 is amended— 
(A) in subsection (b)(1)— 
(i) in subparagraph (C) by striking 
‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(2)’’; and 
(ii) in subparagraph (E)— 
(I) by striking ‘‘in which’’ and in-
serting ‘‘for which’’; and 
(II) by striking ‘‘under subsection 
(f)’’ and inserting ‘‘under subsection 
(k)’’; and 
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(B) in subsection (k)(5), as redesignated by 
this Act, by striking ‘‘under paragraph (2)(A)’’ 
and inserting ‘‘under paragraph (3)(A)’’. 
(2) Section 403(e) is amended by striking ‘‘chap-
ter 301’’ and inserting ‘‘chapter 301 of title 49’’. 
(3) Section 405 is amended— 
(A) in subsection (d)— 
(i) in paragraph (5) by striking 
‘‘under 
section 
402(c)’’ 
and 
inserting 
‘‘under section 402’’; and 
(ii) in paragraph (6)(C) by striking 
‘‘on the basis of the apportionment formula 
set forth in section 402(c)’’ and inserting 
‘‘in proportion to the State’s apportionment 
under section 402 for fiscal year 2009’’; and 
(B) in subsection (f)(4)(A)(iv)— 
(i) by striking ‘‘such as the’’ and in-
serting ‘‘including’’; and 
(ii) by striking ‘‘developed under sub-
section (g)’’. 
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TITLE V—MOTOR CARRIER 
SAFETY 
Subtitle A—Motor Carrier Safety 
Grant Consolidation 
SEC. 5101. GRANTS TO STATES. 
(a) MOTOR
CARRIER
SAFETY
ASSISTANCE
PRO-
GRAM.—Section 31102 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 31102. Motor carrier safety assistance program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall administer a motor carrier safety assistance program 
funded under section 31104. 
‘‘(b) GOAL.—The goal of the program is to ensure that 
the Secretary, States, local governments, other political ju-
risdictions, federally recognized Indian tribes, and other 
persons work in partnership to establish programs to im-
prove motor carrier, commercial motor vehicle, and driver 
safety to support a safe and efficient surface transportation 
system by— 
‘‘(1) making targeted investments to promote safe 
commercial motor vehicle transportation, including 
the transportation of passengers and hazardous mate-
rials; 
‘‘(2) investing in activities likely to generate 
maximum reductions in the number and severity of 
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commercial motor vehicle crashes and in fatalities re-
sulting from such crashes; 
‘‘(3) adopting and enforcing effective motor car-
rier, commercial motor vehicle, and driver safety reg-
ulations and practices consistent with Federal re-
quirements; and 
‘‘(4) assessing and improving statewide perform-
ance by setting program goals and meeting perform-
ance standards, measures, and benchmarks. 
‘‘(c) STATE PLANS.— 
‘‘(1) IN
GENERAL.—In carrying out the pro-
gram, the Secretary shall prescribe procedures for a 
State to submit a multiple-year plan, and annual up-
dates thereto, under which the State agrees to assume 
responsibility for improving motor carrier safety by 
adopting and enforcing State regulations, standards, 
and orders that are compatible with the regulations, 
standards, and orders of the Federal Government on 
commercial motor vehicle safety and hazardous mate-
rials transportation safety. 
‘‘(2) CONTENTS.—The Secretary shall approve a 
State plan if the Secretary determines that the plan 
is adequate to comply with the requirements of this 
section, and the plan— 
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‘‘(A) implements performance-based activi-
ties, including deployment and maintenance of 
technology to enhance the efficiency and effective-
ness of commercial motor vehicle safety pro-
grams; 
‘‘(B) designates a lead State commercial 
motor vehicle safety agency responsible for ad-
ministering the plan throughout the State; 
‘‘(C) contains satisfactory assurances that 
the lead State commercial motor vehicle safety 
agency has or will have the legal authority, re-
sources, and qualified personnel necessary to en-
force the regulations, standards, and orders; 
‘‘(D) contains satisfactory assurances that 
the State will devote adequate resources to the 
administration of the plan and enforcement of 
the regulations, standards, and orders; 
‘‘(E) provides a right of entry and inspec-
tion to carry out the plan; 
‘‘(F) provides that all reports required 
under this section be available to the Secretary 
on request; 
‘‘(G) provides that the lead State commer-
cial motor vehicle safety agency will adopt the 
reporting requirements and use the forms for rec-
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ordkeeping, inspections, and investigations that 
the Secretary prescribes; 
‘‘(H) requires all registrants of commercial 
motor vehicles to demonstrate knowledge of ap-
plicable safety regulations, standards, and orders 
of the Federal Government and the State; 
‘‘(I) provides that the State will grant max-
imum reciprocity for inspections conducted 
under the North American Inspection Standards 
through the use of a nationally accepted system 
that allows ready identification of previously in-
spected commercial motor vehicles; 
‘‘(J) ensures that activities described in sub-
section (h), if financed through grants to the 
State made under this section, will not diminish 
the effectiveness of the development and imple-
mentation of the programs to improve motor car-
rier, commercial motor vehicle, and driver safety 
as described in subsection (b); 
‘‘(K) ensures that the lead State commercial 
motor vehicle safety agency will coordinate the 
plan, data collection, and information systems 
with the State highway safety improvement pro-
gram required under section 148(c) of title 23; 
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‘‘(L) ensures participation in appropriate 
Federal Motor Carrier Safety Administration in-
formation technology and data systems and other 
information systems by all appropriate jurisdic-
tions receiving motor carrier safety assistance 
program funding; 
‘‘(M) ensures that information is exchanged 
among the States in a timely manner; 
‘‘(N) provides satisfactory assurances that 
the State will undertake efforts that will empha-
size and improve enforcement of State and local 
traffic safety laws and regulations related to 
commercial motor vehicle safety; 
‘‘(O) provides satisfactory assurances that 
the State will address national priorities and 
performance goals, including— 
‘‘(i) activities aimed at removing im-
paired commercial motor vehicle drivers 
from the highways of the United States 
through adequate enforcement of regulations 
on the use of alcohol and controlled sub-
stances and by ensuring ready roadside ac-
cess to alcohol detection and measuring 
equipment; 
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‘‘(ii) activities aimed at providing an 
appropriate level of training to State motor 
carrier safety assistance program officers 
and employees on recognizing drivers im-
paired by alcohol or controlled substances; 
and 
‘‘(iii) when conducted with an appro-
priate commercial motor vehicle inspection, 
criminal interdiction activities, and appro-
priate strategies for carrying out those 
interdiction activities, including interdic-
tion activities that affect the transportation 
of controlled substances (as defined in sec-
tion 102 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 
U.S.C. 802) and listed in part 1308 of title 
21, Code of Federal Regulations, as updated 
and republished from time to time) by any 
occupant of a commercial motor vehicle; 
‘‘(P) provides that the State has established 
and dedicated sufficient resources to a program 
to ensure that— 
‘‘(i) the State collects and reports to 
the Secretary accurate, complete, and timely 
motor carrier safety data; and 
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‘‘(ii) the State participates in a na-
tional motor carrier safety data correction 
system prescribed by the Secretary; 
‘‘(Q) ensures that the State will cooperate 
in the enforcement of financial responsibility re-
quirements under sections 13906, 31138, and 
31139 and regulations issued under those sec-
tions; 
‘‘(R) ensures consistent, effective, and rea-
sonable sanctions; 
‘‘(S) ensures that roadside inspections will 
be conducted at locations that are adequate to 
protect the safety of drivers and enforcement per-
sonnel; 
‘‘(T) provides that the State will include in 
the training manuals for the licensing examina-
tion to drive noncommercial motor vehicles and 
commercial motor vehicles information on best 
practices for driving safely in the vicinity of 
noncommercial and commercial motor vehicles; 
‘‘(U) provides that the State will enforce the 
registration requirements of sections 13902 and 
31134 by prohibiting the operation of any vehi-
cle discovered to be operated by a motor carrier 
without a registration issued under those sections 
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or to be operated beyond the scope of the motor 
carrier’s registration; 
‘‘(V) provides that the State will conduct 
comprehensive and highly visible traffic enforce-
ment and commercial motor vehicle safety in-
spection programs in high-risk locations and cor-
ridors; 
‘‘(W) except in the case of an imminent 
hazard or obvious safety hazard, ensures that an 
inspection of a vehicle transporting passengers 
for a motor carrier of passengers is conducted at 
a bus station, terminal, border crossing, mainte-
nance facility, destination, or other location 
where a motor carrier may make a planned stop 
(excluding a weigh station); 
‘‘(X) ensures that the State will transmit to 
its roadside inspectors notice of each Federal ex-
emption granted under section 31315(b) of this 
title and sections 390.23 and 390.25 of title 49, 
Code of Federal Regulations, and provided to the 
State by the Secretary, including the name of the 
person that received the exemption and any 
terms and conditions that apply to the exemp-
tion; 
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‘‘(Y) except as provided in subsection (d), 
provides that the State— 
‘‘(i) will conduct safety audits of inter-
state and, at the State’s discretion, intra-
state new entrant motor carriers under sec-
tion 31144(g); and 
‘‘(ii) if the State authorizes a third 
party to conduct safety audits under section 
31144(g) on its behalf, the State verifies the 
quality of the work conducted and remains 
solely responsible for the management and 
oversight of the activities; 
‘‘(Z) provides that the State agrees to fully 
participate in the performance and registration 
information systems management under section 
31106(b) not later than October 1, 2020, by com-
plying with the conditions for participation 
under paragraph (3) of that section, or dem-
onstrates to the Secretary an alternative ap-
proach for identifying and immobilizing a motor 
carrier with serious safety deficiencies in a man-
ner that provides an equivalent level of safety; 
‘‘(AA) in the case of a State that shares a 
land border with another country, provides that 
the State— 
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‘‘(i) will conduct a border commercial 
motor vehicle safety program focusing on 
international commerce that includes en-
forcement and related projects; or 
‘‘(ii) will forfeit all funds calculated by 
the Secretary based on border-related activi-
ties if the State declines to conduct the pro-
gram described in clause (i) in its plan; 
and 
‘‘(BB) in the case of a State that meets the 
other requirements of this section and agrees to 
comply with the requirements established in sub-
section (l)(3), provides that the State may fund 
operation and maintenance costs associated with 
innovative technology deployment under sub-
section (l)(3) with motor carrier safety assistance 
program 
funds 
authorized 
under 
section 
31104(a)(1). 
‘‘(3) PUBLICATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall publish each ap-
proved State multiple-year plan, and each an-
nual update thereto, on a publically accessible 
Internet Web site of the Department of Transpor-
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tation not later than 30 days after the date the 
Secretary approves the plan or update. 
‘‘(B) LIMITATION.—Before publishing an 
approved State multiple-year plan or annual 
update under subparagraph (A), the Secretary 
shall redact any information identified by the 
State that, if disclosed— 
‘‘(i) would reasonably be expected to 
interfere with enforcement proceedings; or 
‘‘(ii) would reveal enforcement tech-
niques or procedures that would reasonably 
be expected to risk circumvention of the law. 
‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The require-
ment that a State conduct safety audits of new entrant 
motor carriers under subsection (c)(2)(Y) does not apply 
to a territory of the United States unless required by the 
Secretary. 
‘‘(e) INTRASTATE
COMPATIBILITY.—The Secretary 
shall prescribe regulations specifying tolerance guidelines 
and standards for ensuring compatibility of intrastate com-
mercial motor vehicle safety laws, including regulations, 
with Federal motor carrier safety regulations to be enforced 
under subsections (b) and (c). To the extent practicable, the 
guidelines and standards shall allow for maximum flexi-
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bility while ensuring a degree of uniformity that will not 
diminish motor vehicle safety. 
‘‘(f) MAINTENANCE OF EFFORT.— 
‘‘(1) BASELINE.—Except as provided under 
paragraphs (2) and (3) and in accordance with sec-
tion 5106 of the Surface Transportation Reauthoriza-
tion and Reform Act of 2015, a State plan under sub-
section (c) shall provide that the total expenditure of 
amounts of the lead State commercial motor vehicle 
safety agency responsible for administering the plan 
will be maintained at a level each fiscal year that is 
at least equal to— 
‘‘(A) the average level of that expenditure 
for fiscal years 2004 and 2005; or 
‘‘(B) the level of that expenditure for the 
year in which the Secretary implements a new 
allocation formula under section 5106 of the 
Surface Transportation Reauthorization and Re-
form Act of 2015. 
‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR 
2017.—At the request of a State, the Secretary may 
evaluate additional documentation related to the 
maintenance of effort and may make reasonable ad-
justments to the maintenance of effort baseline after 
the year in which the Secretary implements a new al-
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360 
location formula under section 5106 of the Surface 
Transportation Reauthorization and Reform Act of 
2015, and this adjusted baseline will replace the 
maintenance of effort requirement under paragraph 
(1). 
‘‘(3) WAIVERS.—At the request of a State, the 
Secretary may waive or modify the requirements of 
this subsection for a total of 1 fiscal year if the Sec-
retary determines that the waiver or modification is 
reasonable, based on circumstances described by the 
State, to ensure the continuation of commercial motor 
vehicle enforcement activities in the State. 
‘‘(4) LEVEL OF STATE EXPENDITURES.—In esti-
mating the average level of a State’s expenditures 
under paragraph (1), the Secretary— 
‘‘(A) may allow the State to exclude State 
expenditures for federally sponsored demonstra-
tion and pilot programs and strike forces; 
‘‘(B) may allow the State to exclude expend-
itures for activities related to border enforcement 
and new entrant safety audits; and 
‘‘(C) shall require the State to exclude State 
matching amounts used to receive Federal fi-
nancing under section 31104. 
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‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES 
AGREEMENT.—Amounts generated under section 14504a 
and received by a State and used for motor carrier safety 
purposes may be included as part of the State’s match re-
quired under section 31104 or maintenance of effort re-
quired by subsection (f). 
‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 
When approved as part of a State’s plan under subsection 
(c), the State may use motor carrier safety assistance pro-
gram funds received under this section— 
‘‘(1) if the activities are carried out in conjunc-
tion with an appropriate inspection of a commercial 
motor vehicle to enforce Federal or State commercial 
motor vehicle safety regulations, for— 
‘‘(A) enforcement of commercial motor vehi-
cle size and weight limitations at locations, ex-
cluding fixed-weight facilities, such as near steep 
grades or mountainous terrains, where the 
weight of a commercial motor vehicle can signifi-
cantly affect the safe operation of the vehicle, or 
at ports where intermodal shipping containers 
enter and leave the United States; and 
‘‘(B) detection of and enforcement actions 
taken as a result of criminal activity, including 
the trafficking of human beings, in a commercial 
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motor vehicle or by any occupant, including the 
operator, of the commercial motor vehicle; and 
‘‘(2) for documented enforcement of State traffic 
laws and regulations designed to promote the safe op-
eration of commercial motor vehicles, including docu-
mented enforcement of such laws and regulations re-
lating to noncommercial motor vehicles when nec-
essary to promote the safe operation of commercial 
motor vehicles, if— 
‘‘(A) the number of motor carrier safety ac-
tivities, including roadside safety inspections, 
conducted in the State is maintained at a level 
at least equal to the average level of such activi-
ties conducted in the State in fiscal years 2004 
and 2005; and 
‘‘(B) the State does not use more than 10 
percent of the basic amount the State receives 
under 
a 
grant 
awarded 
under 
section 
31104(a)(1) for enforcement activities relating to 
noncommercial motor vehicles necessary to pro-
mote the safe operation of commercial motor ve-
hicles unless the Secretary determines that a 
higher percentage will result in significant in-
creases in commercial motor vehicle safety. 
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‘‘(i) EVALUATION
OF
PLANS
AND
AWARD
OF 
GRANTS.— 
‘‘(1) AWARDS.—The Secretary shall establish cri-
teria for the application, evaluation, and approval of 
State plans under this section. Subject to subsection 
(j), the Secretary may allocate the amounts made 
available under section 31104(a)(1) among the States. 
‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 
disapproves a plan under this section, the Secretary 
shall give the State a written explanation of the rea-
sons for disapproval and allow the State to modify 
and resubmit the plan for approval. 
‘‘(j) ALLOCATION OF FUNDS.— 
‘‘(1) IN GENERAL.—The Secretary, by regulation, 
shall prescribe allocation criteria for funds made 
available under section 31104(a)(1). 
‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of 
each fiscal year, or as soon as practicable thereafter, 
and after making a deduction under section 31104(c), 
the Secretary shall allocate amounts made available 
under section 31104(a)(1) to carry out this section for 
the fiscal year among the States with plans approved 
under this section in accordance with the criteria pre-
scribed under paragraph (1). 
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‘‘(3) ELECTIVE
ADJUSTMENTS.—Subject to the 
availability of funding and notwithstanding fluctua-
tions in the data elements used by the Secretary to 
calculate the annual allocation amounts, after the cre-
ation of a new allocation formula under section 5106 
of the Surface Transportation Reauthorization and 
Reform Act of 2015, the Secretary may not make elec-
tive adjustments to the allocation formula that de-
crease a State’s Federal funding levels by more than 
3 percent in a fiscal year. The 3 percent limit shall 
not apply to the withholding provisions of subsection 
(k). 
‘‘(k) PLAN MONITORING.— 
‘‘(1) IN GENERAL.—On the basis of reports sub-
mitted by the lead State agency responsible for ad-
ministering a State plan approved under this section 
and an investigation by the Secretary, the Secretary 
shall periodically evaluate State implementation of 
and compliance with the State plan. 
‘‘(2) WITHHOLDING OF FUNDS.— 
‘‘(A) DISAPPROVAL.—If, after notice and an 
opportunity to be heard, the Secretary finds that 
a State plan previously approved under this sec-
tion is not being followed or has become inad-
equate to ensure enforcement of State regula-
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tions, standards, or orders described in sub-
section (c)(1), or the State is otherwise not in 
compliance with the requirements of this section, 
the Secretary may withdraw approval of the 
State plan and notify the State. Upon the re-
ceipt of such notice, the State plan shall no 
longer be in effect and the Secretary shall with-
hold all funding to the State under this section. 
‘‘(B) NONCOMPLIANCE
WITHHOLDING.—In 
lieu of withdrawing approval of a State plan 
under subparagraph (A), the Secretary may, 
after providing notice to the State and an oppor-
tunity to be heard, withhold funding from the 
State to which the State would otherwise be enti-
tled under this section for the period of the 
State’s noncompliance. In exercising this option, 
the Secretary may withhold— 
‘‘(i) up to 5 percent of funds during 
the fiscal year that the Secretary notifies 
the State of its noncompliance; 
‘‘(ii) up to 10 percent of funds for the 
first full fiscal year of noncompliance; 
‘‘(iii) up to 25 percent of funds for the 
second full fiscal year of noncompliance; 
and 
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‘‘(iv) not more than 50 percent of 
funds for the third and any subsequent full 
fiscal year of noncompliance. 
‘‘(3) JUDICIAL REVIEW.—A State adversely af-
fected by a determination under paragraph (2) may 
seek judicial review under chapter 7 of title 5. Not-
withstanding the disapproval of a State plan under 
paragraph (2)(A) or the withholding of funds under 
paragraph (2)(B), the State may retain jurisdiction 
in an administrative or a judicial proceeding that 
commenced before the notice of disapproval or with-
holding if the issues involved are not related directly 
to the reasons for the disapproval or withholding. 
‘‘(l) HIGH PRIORITY PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall admin-
ister a high priority program funded under section 
31104 for the purposes described in paragraphs (2) 
and (3). 
‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER 
SAFETY.—The Secretary may make discretionary 
grants to and enter into cooperative agreements with 
States, local governments, federally recognized Indian 
tribes, other political jurisdictions as necessary, and 
any person to carry out high priority activities and 
projects that augment motor carrier safety activities 
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and projects planned in accordance with subsections 
(b) and (c), including activities and projects that— 
‘‘(A) increase public awareness and edu-
cation on commercial motor vehicle safety; 
‘‘(B) target unsafe driving of commercial 
motor vehicles and noncommercial motor vehicles 
in areas identified as high risk crash corridors; 
‘‘(C) improve the safe and secure movement 
of hazardous materials; 
‘‘(D) improve safe transportation of goods 
and persons in foreign commerce; 
‘‘(E) demonstrate new technologies to im-
prove commercial motor vehicle safety; 
‘‘(F) support participation in performance 
and registration information systems manage-
ment under section 31106(b)— 
‘‘(i) for entities not responsible for sub-
mitting the plan under subsection (c); or 
‘‘(ii) for entities responsible for submit-
ting the plan under subsection (c)— 
‘‘(I) before October 1, 2020, to 
achieve compliance with the require-
ments of participation; and 
‘‘(II) beginning on October 1, 
2020, or once compliance is achieved, 
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368 
whichever is sooner, for special initia-
tives or projects that exceed routine op-
erations required for participation; 
‘‘(G) conduct safety data improvement 
projects— 
‘‘(i) that complete or exceed the re-
quirements under subsection (c)(2)(P) for 
entities not responsible for submitting the 
plan under subsection (c); or 
‘‘(ii) that exceed the requirements 
under subsection (c)(2)(P) for entities re-
sponsible for submitting the plan under sub-
section (c); and 
‘‘(H) otherwise improve commercial motor 
vehicle safety and compliance with commercial 
motor vehicle safety regulations. 
‘‘(3) INNOVATIVE
TECHNOLOGY
DEPLOYMENT 
GRANT PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish an innovative technology deployment 
grant program to make discretionary grants 
funded under section 31104(a)(2) to eligible 
States for the innovative technology deployment 
of commercial motor vehicle information systems 
and networks. 
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‘‘(B) PURPOSES.—The purposes of the pro-
gram shall be— 
‘‘(i) to advance the technological capa-
bility and promote the deployment of intel-
ligent transportation system applications 
for commercial motor vehicle operations, in-
cluding commercial motor vehicle, commer-
cial driver, and carrier-specific information 
systems and networks; and 
‘‘(ii) to support and maintain com-
mercial motor vehicle information systems 
and networks— 
‘‘(I) to link Federal motor carrier 
safety information systems with State 
commercial motor vehicle systems; 
‘‘(II) to improve the safety and 
productivity of commercial motor vehi-
cles and drivers; and 
‘‘(III) to reduce costs associated 
with commercial motor vehicle oper-
ations and Federal and State commer-
cial motor vehicle regulatory require-
ments. 
‘‘(C) ELIGIBILITY.—To be eligible for a 
grant under this paragraph, a State shall— 
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‘‘(i) have a commercial motor vehicle 
information systems and networks program 
plan approved by the Secretary that de-
scribes the various systems and networks at 
the State level that need to be refined, re-
vised, upgraded, or built to accomplish de-
ployment of commercial motor vehicle infor-
mation systems and networks capabilities; 
‘‘(ii) certify to the Secretary that its 
commercial motor vehicle information sys-
tems and networks deployment activities, 
including hardware procurement, software 
and system development, and infrastructure 
modifications— 
‘‘(I) are consistent with the na-
tional intelligent transportation sys-
tems and commercial motor vehicle in-
formation systems and networks archi-
tectures and available standards; and 
‘‘(II) 
promote 
interoperability 
and efficiency to the extent practicable; 
and 
‘‘(iii) agree to execute interoperability 
tests developed by the Federal Motor Carrier 
Safety Administration to verify that its sys-
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tems conform with the national intelligent 
transportation systems architecture, appli-
cable standards, and protocols for commer-
cial motor vehicle information systems and 
networks. 
‘‘(D) USE OF FUNDS.—Grant funds received 
under this paragraph may be used— 
‘‘(i) for deployment activities and ac-
tivities to develop new and innovative ad-
vanced technology solutions that support 
commercial motor vehicle information sys-
tems and networks; 
‘‘(ii) for planning activities, including 
the development or updating of program or 
top level design plans in order to become el-
igible or maintain eligibility under sub-
paragraph (C); and 
‘‘(iii) for the operation and mainte-
nance costs associated with innovative tech-
nology. 
‘‘(E) 
SECRETARY
AUTHORIZATION.—The 
Secretary is authorized to award a State fund-
ing for the operation and maintenance costs as-
sociated with innovative technology deployment 
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Highway Trust Fund (other than the Mass Transit Ac-
count): 
‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO-
GRAM.—Subject to paragraph (2) and subsection (c), 
to carry out section 31102— 
‘‘(A) $278,242,684 for fiscal year 2017; 
‘‘(B) $293,685,550 for fiscal year 2018; 
‘‘(C) $308,351,227 for fiscal year 2019; 
‘‘(D) $323,798,553 for fiscal year 2020; and 
‘‘(E) $339,244,023 for fiscal year 2021. 
‘‘(2) HIGH
PRIORITY
ACTIVITIES
PROGRAM.— 
Subject to subsection (c), to make grants and coopera-
tive agreements under section 31102(l), the Secretary 
may set aside from amounts made available under 
paragraph (1) up to— 
‘‘(A) $40,798,780 for fiscal year 2017; 
‘‘(B) $41,684,114 for fiscal year 2018; 
‘‘(C) $42,442,764 for fiscal year 2019; 
‘‘(D) $43,325,574 for fiscal year 2020; and 
‘‘(E) $44,209,416 for fiscal year 2021. 
‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS 
GRANT PROGRAM.—To carry out section 31103— 
‘‘(A) $1,000,000 for fiscal year 2017; 
‘‘(B) $1,000,000 for fiscal year 2018; 
‘‘(C) $1,000,000 for fiscal year 2019; 
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‘‘(D) $1,000,000 for fiscal year 2020; and 
‘‘(E) $1,000,000 for fiscal year 2021. 
‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION
PROGRAM.—Subject to subsection 
(c), to carry out section 31313— 
‘‘(A) $30,958,536 for fiscal year 2017; 
‘‘(B) $31,630,336 for fiscal year 2018; 
‘‘(C) $32,206,008 for fiscal year 2019; 
‘‘(D) $32,875,893 for fiscal year 2020; and 
‘‘(E) $33,546,562 for fiscal year 2021. 
‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPIENTS 
FOR GOVERNMENT SHARE OF COSTS.— 
‘‘(1) IN
GENERAL.—Amounts made available 
under subsection (a) shall be used to reimburse finan-
cial assistance recipients proportionally for the Fed-
eral Government’s share of the costs incurred. 
‘‘(2) REIMBURSEMENT AMOUNTS.—The Secretary 
shall reimburse a recipient, in accordance with a fi-
nancial assistance agreement made under section 
31102, 31103, or 31313, an amount that is at least 
85 percent of the costs incurred by the recipient in a 
fiscal year in developing and implementing programs 
under such sections. The Secretary shall pay the re-
cipient an amount not more than the Federal Govern-
ment share of the total costs approved by the Federal 
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375 
Government in the financial assistance agreement. 
The Secretary shall include a recipient’s in-kind con-
tributions in determining the reimbursement. 
‘‘(3) VOUCHERS.—Each recipient shall submit 
vouchers at least quarterly for costs the recipient in-
curs in developing and implementing programs under 
sections 31102, 31103, and 31313. 
‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND PRO-
GRAM SUPPORT.—On October 1 of each fiscal year, or as 
soon after that date as practicable, the Secretary may de-
duct from amounts made available under paragraphs (1), 
(2), and (4) of subsection (a) for that fiscal year not more 
than 1.50 percent of those amounts for partner training and 
program support in that fiscal year. The Secretary shall 
use at least 75 percent of those deducted amounts to train 
non-Federal Government employees and to develop related 
training materials in carrying out such programs. 
‘‘(d) GRANTS
AND COOPERATIVE AGREEMENTS
AS 
CONTRACTUAL OBLIGATIONS.—The approval of a financial 
assistance agreement by the Secretary under section 31102, 
31103, or 31313 is a contractual obligation of the Federal 
Government for payment of the Federal Government’s share 
of costs in carrying out the provisions of the grant or coop-
erative agreement. 
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‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall es-
tablish criteria for eligible activities to be funded with fi-
nancial assistance agreements under this section and pub-
lish those criteria in a notice of funding availability before 
the financial assistance program application period. 
‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ASSIST-
ANCE
AGREEMENT
FUNDS
FOR
RECIPIENT
EXPENDI-
TURES.—The period of availability for a recipient to ex-
pend funds under a grant or cooperative agreement author-
ized under subsection (a) is as follows: 
‘‘(1) For grants made for carrying out section 
31102, other than section 31102(l), for the fiscal year 
in which the Secretary approves the financial assist-
ance agreement and for the next fiscal year. 
‘‘(2) For grants made or cooperative agreements 
entered into for carrying out section 31102(l)(2), for 
the fiscal year in which the Secretary approves the fi-
nancial assistance agreement and for the next 2 fiscal 
years. 
‘‘(3) For grants made for carrying out section 
31102(l)(3), for the fiscal year in which the Secretary 
approves the financial assistance agreement and for 
the next 4 fiscal years. 
‘‘(4) For grants made for carrying out section 
31103, for the fiscal year in which the Secretary ap-
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377 
proves the financial assistance agreement and for the 
next fiscal year. 
‘‘(5) For grants made or cooperative agreements 
entered into for carrying out section 31313, for the 
fiscal year in which the Secretary approves the finan-
cial assistance agreement and for the next 4 fiscal 
years. 
‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL-
ABILITY.—Amounts authorized from the Highway Trust 
Fund (other than the Mass Transit Account) by this section 
shall be available for obligation on the date of their appor-
tionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first. 
‘‘(h) AVAILABILITY
OF FUNDING.—Amounts made 
available under this section shall remain available until ex-
pended.’’. 
(d) CLERICAL AMENDMENT.—The analysis for chapter 
311 of title 49, United States Code, is amended by striking 
the items relating to sections 31102, 31103, and 31104 and 
inserting the following: 
‘‘31102. Motor carrier safety assistance program. 
‘‘31103. Commercial motor vehicle operators grant program. 
‘‘31104. Authorization of appropriations.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) SAFETY FITNESS OF OWNERS AND OPERATOR; 
SAFETY
REVIEWS
OF
NEW
OPERATORS.—Section 
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31144(g) of title 49, United States Code, is amended 
by striking paragraph (5). 
(2) INFORMATION SYSTEMS; PERFORMANCE AND 
REGISTRATION
INFORMATION
PROGRAM.—Section 
31106(b) of title 49, United States Code, is amended 
by striking paragraph (4). 
(3) BORDER
ENFORCEMENT
GRANTS.—Section 
31107 of title 49, United States Code, and the item 
relating to that section in the analysis for chapter 
311 of that title, are repealed. 
(4) PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT.—Section 31109 of title 
49, United States Code, and the item relating to that 
section in the analysis for chapter 311 of that title, 
are repealed. 
(5) COMMERCIAL
VEHICLE
INFORMATION
SYS-
TEMS AND NETWORKS DEPLOYMENT.—Section 4126 of 
SAFETEA–LU (49 U.S.C. 31106 note), and the item 
relating to that section in the table of contents con-
tained in section 1(b) of that Act, are repealed. 
(6) SAFETY
DATA
IMPROVEMENT
PROGRAM.— 
Section 4128 of SAFETEA–LU (49 U.S.C. 31100 
note), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, 
are repealed. 
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(7) GRANT PROGRAM FOR COMMERCIAL MOTOR 
VEHICLE OPERATORS.—Section 4134 of SAFETEA– 
LU (49 U.S.C. 31301 note), and the item relating to 
that section in the table of contents contained in sec-
tion 1(b) of that Act, are repealed. 
(8) MAINTENANCE OF EFFORT AS CONDITION ON 
GRANTS
TO
STATES.—Section 103(c) of the Motor 
Carrier Safety Improvement Act of 1999 (49 U.S.C. 
31102 note) is repealed. 
(9) STATE
COMPLIANCE
WITH
CDL
REQUIRE-
MENTS.—Section 103(e) of the Motor Carrier Safety 
Improvement Act of 1999 (49 U.S.C. 31102 note) is 
repealed. 
(10) BORDER
STAFFING
STANDARDS.—Section 
218(d) of the Motor Carrier Safety Improvement Act 
of 1999 (49 U.S.C. 31133 note) is amended— 
(A) in paragraph (1) by striking ‘‘section 
31104(f)(2)(B) of title 49, United States Code’’ 
and inserting ‘‘section 31104(a)(1) of title 49, 
United States Code’’; and 
(B) by striking paragraph (3). 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2016. 
(g) TRANSITION.—Notwithstanding the amendments 
made by this section, the Secretary shall carry out sections 
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tion when such railroad carrier or other entity 
is prepared for review under subparagraph (B). 
‘‘(B) CRITERIA.—Not later than 90 days 
after a railroad carrier or other entity submits 
a notification under subparagraph (A), the Sec-
retary shall review the alternative schedule and 
sequence submitted pursuant to paragraph 
(2)(B) and determine whether the railroad car-
rier or other entity has demonstrated, to the sat-
isfaction of the Secretary, that such carrier or 
entity has— 
‘‘(i) installed all positive train control 
system hardware consistent with the plan 
contents provided pursuant to paragraph 
(2)(A)(iii)(II) on or before the implementa-
tion deadline under paragraph (1); 
‘‘(ii) acquired all spectrum necessary 
for implementation of a positive train con-
trol system, consistent with the plan con-
tents provided pursuant to paragraph 
(2)(A)(iii)(I) on or before the implementa-
tion deadline under paragraph (1); 
‘‘(iii) completed employee training re-
quired under the applicable positive train 
control system regulations; 
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H3763
srobinson on DSK5SPTVN1PROD with BILLS