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† HR 22 EAS 
(C) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) a list of any projects that returned negative 
results in the preceding fiscal year and an analysis 
of such results; and’’; and 
(D) in paragraph (4), as so redesignated, by 
inserting before the period at the end the fol-
lowing: ‘‘based on projects in the pipeline, ongo-
ing projects, and anticipated research efforts nec-
essary to advance certain projects to a subse-
quent research phase’’; and 
(7) by adding at the end the following: 
‘‘(h) COOPERATIVE RESEARCH PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish— 
‘‘(A) a public transportation cooperative re-
search program under this subsection; and 
‘‘(B) an independent governing board for 
the program, which shall recommend public 
transportation research, development, and tech-
nology transfer activities the Secretary considers 
appropriate. 
‘‘(2) FEDERAL ASSISTANCE.—The Secretary may 
make grants to, and cooperative agreements with, the 
National Academy of Sciences to carry out activities
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† HR 22 EAS 
under this subsection that the Secretary determines 
appropriate. 
‘‘(3) GOVERNMENT SHARE.—If there would be a 
clear and direct financial benefit to an entity under 
a grant or contract financed under this section, the 
Secretary shall establish a Government share con-
sistent with that benefit.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 49.—Chapter 53 of title 49, United 
States Code, is amended by striking section 5313. 
(2) TABLE OF SECTIONS AMENDMENT.—The table 
of sections for chapter 53 of title 49, United States 
Code, is amended by striking the items relating to sec-
tions 5312 and 5313 and inserting the following: 
‘‘5312. Research, development, demonstration, and deployment program. 
‘‘[5313. Repealed.]’’. 
SEC. 21010. PRIVATE SECTOR PARTICIPATION. 
(a) IN GENERAL.—Section 5315 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter— 
‘‘(1) the eligibilities, requirements, or priority 
for assistance provided under this chapter; or 
‘‘(2) the requirements of section 5306(a).’’. 
(b) 
MAP–21 
TECHNICAL
CORRECTION.—Section 
20013(d) of the Moving Ahead for Progress in the 21st Cen-
301 
† HR 22 EAS 
tury Act (Public Law 112–141; 126 Stat. 694) is amended 
by striking ‘‘5307(c)’’ and inserting ‘‘5307(b)’’. 
SEC. 21011. INNOVATIVE PROCUREMENT. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5315 the 
following: 
‘‘§ 5316. Innovative procurement 
‘‘(a) DEFINITION.—In this section, the term ‘grantee’ 
means a recipient or subrecipient of assistance under this 
chapter. 
‘‘(b) COOPERATIVE PROCUREMENT.— 
‘‘(1) DEFINITIONS; GENERAL RULES.— 
‘‘(A) DEFINITIONS.—In this subsection— 
‘‘(i) the term ‘cooperative procurement 
contract’ means a contract— 
‘‘(I) entered into between a State 
government or eligible nonprofit and 1 
or more vendors; and 
‘‘(II) under which the vendors 
agree to provide an option to purchase 
rolling stock and related equipment to 
multiple participants; 
‘‘(ii) the term ‘eligible nonprofit entity’ 
means—
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† HR 22 EAS 
‘‘(I) a nonprofit entity that is not 
a grantee; or 
‘‘(II) a consortium of entities de-
scribed in subclause (I); 
‘‘(iii) the terms ‘lead nonprofit entity’ 
and ‘lead procurement agency’ mean an eli-
gible nonprofit entity or a State govern-
ment, respectively, that acts in an adminis-
trative capacity on behalf of each partici-
pant in a cooperative procurement contract; 
‘‘(iv) the term ‘participant’ means a 
grantee that participates in a cooperative 
procurement contract; and 
‘‘(v) the term ‘participate’ means to 
purchase rolling stock and related equip-
ment under a cooperative procurement con-
tract using assistance provided under this 
chapter. 
‘‘(B) GENERAL RULES.— 
‘‘(i) PROCUREMENT NOT LIMITED TO 
INTRASTATE
PARTICIPANTS.—A 
grantee 
may participate in a cooperative procure-
ment contract without regard to whether the 
grantee is located in the same State as the 
parties to the contract.
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† HR 22 EAS 
‘‘(ii) 
VOLUNTARY
PARTICIPATION.— 
Participation by grantees in a cooperative 
procurement contract shall be voluntary. 
‘‘(iii) CONTRACT
TERMS.—The lead 
procurement agency or lead nonprofit entity 
for a cooperative procurement contract shall 
develop the terms of the contract. 
‘‘(iv) DURATION.—A cooperative pro-
curement contract— 
‘‘(I) subject to subclauses (II) and 
(III), may be for an initial term of not 
more than 2 years; 
‘‘(II) may include not more than 
3 optional extensions for terms of not 
more than 1 year each; and 
‘‘(III) may be in effect for a total 
period of not more than 5 years, in-
cluding 
each 
extension 
authorized 
under subclause (II). 
‘‘(v) ADMINISTRATIVE
EXPENSES.—A 
lead procurement agency or lead nonprofit 
entity, as applicable, that enters into a co-
operative procurement contract— 
‘‘(I) may charge the participants 
in the contract for the cost of admin-
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† HR 22 EAS 
istering, planning, and providing tech-
nical assistance for the contract in an 
amount that is not more than 1 per-
cent of the total value of the contract; 
and 
‘‘(II) with respect to the cost de-
scribed in subclause (I), may incor-
porate the cost into the price of the 
contract or directly charge the partici-
pants for the cost, but not both. 
‘‘(2) 
STATE
COOPERATIVE
PROCUREMENT 
SCHEDULES.— 
‘‘(A) AUTHORITY.—A State government 
may enter into a cooperative procurement con-
tract with 1 or more vendors if— 
‘‘(i) the vendors agree to provide an 
option to purchase rolling stock and related 
equipment to the State government and any 
other participant; and 
‘‘(ii) 
the 
State 
government 
acts 
throughout the term of the contract as the 
lead procurement agency. 
‘‘(B) APPLICABILITY OF POLICIES AND PRO-
CEDURES.—In procuring rolling stock and re-
lated equipment under a cooperative procure-
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† HR 22 EAS 
ment contract under this subsection, a State gov-
ernment shall comply with the policies and pro-
cedures that apply to procurement by the State 
government when using non-Federal funds, to the 
extent that the policies and procedures are in 
conformance with applicable Federal law. 
‘‘(3) PILOT PROGRAM FOR NONPROFIT COOPERA-
TIVE PROCUREMENTS.— 
‘‘(A) ESTABLISHMENT.—The Secretary shall 
establish and carry out a pilot program to dem-
onstrate the effectiveness of cooperative procure-
ment contracts administered by nonprofit enti-
ties. 
‘‘(B) DESIGNATION.—In carrying out the 
program under this paragraph, the Secretary 
shall designate not less than 1 eligible nonprofit 
entity to enter into a cooperative procurement 
contract under which the nonprofit entity acts 
throughout the term of the contract as the lead 
nonprofit entity. 
‘‘(C) NUMBER OF ENTITIES.—The Secretary 
may designate not more than 3 geographically 
diverse eligible nonprofit entities under subpara-
graph (B).
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† HR 22 EAS 
‘‘(D) NOTICE
OF
INTENT
TO
PARTICI-
PATE.—At a time determined appropriate by the 
lead nonprofit entity, each participant in a co-
operative procurement contract under this para-
graph shall submit to the lead nonprofit entity 
a nonbinding notice of intent to participate. 
‘‘(c) LEASING ARRANGEMENTS.— 
‘‘(1) CAPITAL LEASE DEFINED.— 
‘‘(A) IN GENERAL.—In this subsection, the 
term ‘capital lease’ means any agreement under 
which a grantee acquires the right to use rolling 
stock or related equipment for a specified period 
of time, in exchange for a periodic payment. 
‘‘(B) MAINTENANCE.—A capital lease may 
require that the lessor provide maintenance of 
the rolling stock or related equipment covered by 
the lease. 
‘‘(2) PROGRAM TO SUPPORT INNOVATIVE LEASING 
ARRANGEMENTS.— 
‘‘(A) AUTHORITY.—A grantee may use as-
sistance provided under this chapter to enter into 
a capital lease if— 
‘‘(i) the rolling stock or related equip-
ment covered under the lease is eligible for 
capital assistance under this chapter; and
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† HR 22 EAS 
‘‘(ii) there is or will be no Federal in-
terest in the rolling stock or related equip-
ment covered under the lease as of the date 
on which the lease takes effect. 
‘‘(B) GRANTEE REQUIREMENTS.—A grantee 
that enters into a capital lease shall— 
‘‘(i) maintain an inventory of the roll-
ing stock or related equipment acquired 
under the lease; and 
‘‘(ii) maintain on the accounting 
records of the grantee the liability of the 
grantee under the lease. 
‘‘(C) ELIGIBLE
LEASE
COSTS.—The costs 
for which a grantee may use assistance under 
this chapter, with respect to a capital lease, in-
clude— 
‘‘(i) the cost of the rolling stock or re-
lated equipment; 
‘‘(ii) associated financing costs, includ-
ing interest, legal fees, and financial advi-
sor fees; 
‘‘(iii) ancillary costs such as delivery 
and installation charges; and 
‘‘(iv) maintenance costs.
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† HR 22 EAS 
‘‘(D) TERMS.—A grantee shall negotiate the 
terms of any lease agreement that the grantee en-
ters into. 
‘‘(E) APPLICABILITY OF PROCUREMENT RE-
QUIREMENTS.— 
‘‘(i) LEASE REQUIREMENTS.—Part 639 
of title 49, Code of Federal Regulations, or 
any successor regulation, and implementing 
guidance applicable to leasing shall not 
apply to a capital lease. 
‘‘(ii) BUY AMERICA.—The requirements 
under section 5323(j) shall apply to a cap-
ital lease. 
‘‘(3) INCENTIVE PROGRAM FOR CAPITAL LEASING 
OF ROLLING STOCK.— 
‘‘(A) AUTHORITY.—The Secretary shall 
carry out an incentive program for capital leas-
ing of rolling stock (referred to in this paragraph 
as the ‘program’). 
‘‘(B) SELECTION OF PARTICIPANTS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
select not less than 6 grantees to participate 
in the program, which shall be— 
‘‘(I) geographically diverse; and
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† HR 22 EAS 
‘‘(II) evenly distributed among 
grantees in accordance with clause (ii). 
‘‘(ii) POPULATION SIZE.—In selecting 
an even distribution of grantees under 
clause (i)(II), the Secretary shall select not 
less than— 
‘‘(I) 2 grantees that serve rural 
areas; 
‘‘(II) 2 grantees that serve urban-
ized areas with a population of fewer 
than 200,000 individuals, as deter-
mined by the Bureau of the Census; 
and 
‘‘(III) 2 grantees that serve ur-
banized areas with a population of 
200,000 or more individuals, as deter-
mined by the Bureau of the Census. 
‘‘(iii) WAIVER.—The Secretary may 
waive a requirement under clause (ii) if an 
insufficient number of eligible grantees of a 
particular population size apply to partici-
pate in the program. 
‘‘(C) PARTICIPANT REQUIREMENTS.— 
‘‘(i) IN GENERAL.—A grantee that par-
ticipates in the program shall—
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† HR 22 EAS 
‘‘(I) enter into a capital lease for 
a period of not less than 5 years; and 
‘‘(II) replace not less than 1⁄4 of 
the grantee’s fleet through the capital 
lease. 
‘‘(ii) VEHICLE
REQUIREMENTS.—The 
vehicles replaced under clause (i)(II), with 
respect to the fleet as constituted on the day 
before the date on which the capital lease is 
entered into, shall— 
‘‘(I) be the oldest vehicles in the 
fleet; or 
‘‘(II) produce the highest quantity 
of direct greenhouse gas emissions rel-
ative to the other vehicles in the fleet, 
as determined by the Administrator of 
the Environmental Protection Agency. 
‘‘(iii) WAIVER OF FEDERAL INTEREST 
REQUIREMENTS.—If 
a 
grantee 
partici-
pating in the program seeks to replace vehi-
cles that have a remaining Federal interest, 
the Secretary shall— 
‘‘(I) evaluate the economic and 
environmental benefits of waiving the
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† HR 22 EAS 
Federal interest, as demonstrated by 
the grantee; 
‘‘(II) if the grantee demonstrates a 
net economic or environmental benefit, 
grant an early disposition of the vehi-
cles; and 
‘‘(III) publish each evaluation 
and final determination of the Sec-
retary under this clause in a con-
spicuous location on the website of the 
Federal Transit Administration. 
‘‘(D) PARTICIPANT
BENEFIT.—During the 
period during which a capital lease described in 
subparagraph (C)(i)(I), entered into by a grant-
ee participating in the program, is in effect, the 
limit on the Government share of operating ex-
penses under subsection (d)(2) of section 5307, 
subsection (d)(2) of section 5310, or subsection 
(g)(2) of section 5311 shall not apply with re-
spect to any grant awarded to the grantee under 
the applicable section. 
‘‘(E) REPORTING REQUIREMENT.—Not later 
than 3 years after the date on which a grantee 
enters into a capital lease under the program,
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† HR 22 EAS 
the grantee shall submit to the Secretary a report 
that contains— 
‘‘(i) an evaluation of the overall costs 
and benefits of leasing rolling stock; 
‘‘(ii) a cost comparison of leasing 
versus buying rolling stock; 
‘‘(iii) a comparison of the expected 
short-term and long-term maintenance costs 
of leasing versus buying rolling stock; and 
‘‘(iv) a projected budget showing the 
changes in overall operating and capital ex-
penses due to the capital lease that the 
grantee entered into under the program. 
‘‘(4) INCENTIVE PROGRAM FOR CAPITAL LEASING 
OF
CERTAIN
ZERO
EMISSION
VEHICLE
COMPO-
NENTS.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) 
the 
term 
‘removable 
power 
source’— 
‘‘(I) means a power source that is 
separately installed in, and removable 
from, a zero emission vehicle; and 
‘‘(II) may include a battery, a 
fuel cell, an ultra-capacitor, or other
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† HR 22 EAS 
advanced power source used in a zero 
emission vehicle; and 
‘‘(ii) the term ‘zero emission vehicle’ 
has the meaning given the term in section 
5339(c). 
‘‘(B) LEASED POWER SOURCES.—Notwith-
standing any other provision of law, for pur-
poses of this subsection, the cost of a removable 
power source that is necessary for the operation 
of a zero emission vehicle shall not be treated as 
part of the cost of the vehicle if the removable 
power source is acquired using a capital lease. 
‘‘(C) ELIGIBLE CAPITAL LEASE.—A grantee 
may acquire a removable power source by itself 
through a capital lease.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF SECTIONS.—The table of sections 
for chapter 53 of title 49, United States Code, is 
amended by inserting after the item relating to sec-
tion 5315 the following: 
‘‘5316. Innovative procurement.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
5325(e)(2) of title 49, United States Code, is amended 
by inserting after ‘‘this subsection’’ the following: ‘‘, 
section 5316,’’.
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† HR 22 EAS 
SEC. 21012. HUMAN RESOURCES AND TRAINING. 
Section 5322 of title 49, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1), in the paragraph 
heading, by striking ‘‘PROGRAM ESTABLISHED’’ 
and inserting ‘‘IN GENERAL’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); 
(C) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) PROGRAMS.—A program eligible for assist-
ance under subsection (a) shall— 
‘‘(A) provide skills training, on-the-job 
training, and work-based learning; 
‘‘(B) offer career pathways that support the 
movement from initial or short-term employment 
opportunities to sustainable careers; 
‘‘(C) address current or projected workforce 
shortages; 
‘‘(D) replicate successful workforce develop-
ment models; or 
‘‘(E) respond to such other workforce needs 
as the Secretary determines appropriate.’’; 
(D) in paragraph (3), as so redesignated—
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† HR 22 EAS 
(i) in subparagraph (G), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (H), by striking 
the period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(I) give priority to minorities, 
women, individuals with disabilities, 
veterans, low-income populations, and 
other underserved populations.’’; and 
(E) by adding at the end the following: 
‘‘(4) COORDINATION.—A recipient of assistance 
under this subsection shall— 
‘‘(A) identify the workforce needs and com-
mensurate training needs at the local level in co-
ordination with entities such as local employers, 
local public transportation operators, labor 
union 
organizations, 
workforce 
development 
boards, State workforce agencies, State appren-
ticeship agencies (where applicable), university 
transportation centers, community colleges, and 
community-based organizations representing mi-
norities, women, disabled individuals, veterans, 
and low-income populations; and
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† HR 22 EAS 
‘‘(B) to the extent practicable, conduct local 
training programs in coordination with existing 
local training programs supported by the Sec-
retary, the Department of Labor (including reg-
istered apprenticeship programs), and the De-
partment of Education. 
‘‘(5) PROGRAM OUTCOMES.—A recipient of as-
sistance under this subsection shall demonstrate out-
comes for any program that includes skills training, 
on-the-job training, and work-based learning, includ-
ing— 
‘‘(A) the impact on reducing public trans-
portation workforce shortages in the area served; 
‘‘(B) the diversity of training participants; 
‘‘(C) the number of participants obtaining 
certifications or credentials required for specific 
types of employment; 
‘‘(D) employment outcomes, including job 
placement, job retention, and wages, using per-
formance metrics established in consultation 
with the Secretary and the Secretary of Labor 
and consistent with metrics used by programs 
under the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3101 et seq.); and
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† HR 22 EAS 
‘‘(E) to the extent practical, evidence that 
the program did not preclude workers who are 
participating in skills training, on-the-job train-
ing, and work-based learning from being referred 
to, or hired on, projects funded under this chap-
ter without regard to the length of time of their 
participation in the program.’’; and 
(2) in subsection (d), by striking paragraph (4) 
and inserting the following: 
‘‘(4) USE
FOR
TECHNICAL
ASSISTANCE.—The 
Secretary may use not more than 1 percent of the 
amounts made available to carry out this section to 
provide technical assistance for activities and pro-
grams developed, conducted, and overseen under this 
subsection. 
‘‘(5) AVAILABILITY OF AMOUNTS.— 
‘‘(A) IN GENERAL.—Not more than 0.5 per-
cent of the amounts made available to a recipi-
ent under sections 5307, 5337, and 5339 is 
available for expenditure by the recipient, with 
the approval of the Secretary, to pay not more 
than 80 percent of the cost of eligible activities 
under this subsection. 
‘‘(B) EXISTING
PROGRAMS.—A recipient 
may use amounts made available under para-
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† HR 22 EAS 
graph (A) to carry out existing local education 
and training programs for public transportation 
employees supported by the Secretary, the De-
partment of Labor, or the Department of Edu-
cation.’’. 
SEC. 21013. GENERAL PROVISIONS. 
Section 5323 of title 49, United States Code, is amend-
ed— 
(1) in subsection (j)— 
(A) in paragraph (2), by striking subpara-
graph (C) and inserting the following: 
‘‘(C) when procuring rolling stock (includ-
ing train control, communication, and traction 
power equipment, and rolling stock prototypes) 
under this chapter— 
‘‘(i) the cost of components and sub-
components 
produced 
in 
the 
United 
States— 
‘‘(I) for fiscal years 2016 and 
2017, is more than 60 percent of the 
cost of all components of the rolling 
stock; 
‘‘(II) for fiscal years 2018 and 
2019, is more than 65 percent of the
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† HR 22 EAS 
cost of all components of the rolling 
stock; and 
‘‘(III) for fiscal year 2020 and 
each fiscal year thereafter, is more 
than 70 percent of the cost of all com-
ponents of the rolling stock; and 
‘‘(ii) final assembly of the rolling stock 
has occurred in the United States; or’’; 
(B) 
by 
redesignating 
paragraphs 
(5) 
through (9) as paragraphs (7) through (11), re-
spectively; 
(C) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) ROLLING STOCK FRAMES OR CAR SHELLS.— 
In carrying out paragraph (2)(C) in the case of a 
rolling stock procurement receiving assistance under 
this chapter in which the average cost of a rolling 
stock vehicle in the procurement is more than 
$300,000, if rolling stock frames or car shells are not 
produced in the United States, the Secretary shall in-
clude in the calculation of the domestic content of the 
rolling stock the cost of steel or iron used in the roll-
ing stock frames or car shells if— 
‘‘(A) all manufacturing processes for the 
steel or iron occur in the United States; and
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† HR 22 EAS 
‘‘(B) the amount of steel or iron used in the 
rolling stock frames or car shells is significant. 
‘‘(6) CERTIFICATION OF DOMESTIC SUPPLY AND 
DISCLOSURE.— 
‘‘(A) CERTIFICATION
OF
DOMESTIC
SUP-
PLY.—If the Secretary denies an application for 
a waiver under paragraph (2), the Secretary 
shall provide to the applicant a written certifi-
cation that— 
‘‘(i) the steel, iron, or manufactured 
goods, as applicable, (referred to in this sub-
paragraph as the ‘item’) is produced in the 
United States in a sufficient and reason-
ably available amount; 
‘‘(ii) the item produced in the United 
States is of a satisfactory quality; and 
‘‘(iii) includes a list of known manu-
facturers in the United States from which 
the item can be obtained. 
‘‘(B) DISCLOSURE.—The Secretary shall 
disclose the waiver denial and the written certifi-
cation to the public in an easily identifiable lo-
cation on the website of the Department of 
Transportation.’’;
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† HR 22 EAS 
(D) in paragraph (8), as so redesignated, by 
striking ‘‘Federal Public Transportation Act of 
2012’’ and inserting ‘‘Federal Public Transpor-
tation Act of 2015’’; and 
(E) by inserting after paragraph (11), as so 
redesignated, the following: 
‘‘(12) PRODUCTION
IN
UNITED
STATES.—For 
purposes of this subsection, steel and iron may be con-
sidered produced in the United States if all the man-
ufacturing processes, except metallurgical processes 
involving refinement of steel additives, took place in 
the United States. 
‘‘(13) DEFINITION OF SMALL PURCHASE.—For 
purposes of determining whether a purchase qualifies 
for a general public interest waiver under paragraph 
(2)(A) of this subsection, including under any regula-
tion promulgated under that paragraph, the term 
‘small purchase’ means a purchase of not more than 
$150,000.’’; 
(2) in subsection (q)(1), by striking the second 
sentence; and 
(3) by adding at the end the following: 
‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR LOCAL 
SHARE.—Notwithstanding any other provision of law, a re-
cipient of assistance under this chapter may use the revenue
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† HR 22 EAS 
generated from value capture financing mechanisms as 
local matching funds for capital projects and operating 
costs eligible under this chapter. 
‘‘(t) VALUE ENGINEERING.—Nothing in this chapter 
shall be construed to authorize the Secretary to mandate 
the use of value engineering in projects funded under this 
chapter.’’. 
SEC. 21014. PROJECT MANAGEMENT OVERSIGHT. 
Section 5327 of title 49, United States Code, is amend-
ed— 
(1) in subsection (c), by striking ‘‘section 
5338(i)’’ and inserting ‘‘section 5338(h)’’; and 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘section 5338(i)’’ and 
inserting ‘‘section 5338(h)’’; and 
(ii) by striking ‘‘and’’ at the end; and 
(B) by striking paragraph (2) and inserting 
the following: 
‘‘(2) a requirement that oversight— 
‘‘(A) begin during the project development 
phase of a project, unless the Secretary finds it 
more appropriate to begin the oversight during 
another phase of the project, to maximize the
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† HR 22 EAS 
transportation benefits and cost savings associ-
ated with project management oversight; and 
‘‘(B) be limited to quarterly reviews of com-
pliance by the recipient with the project manage-
ment plan approved under subsection (b) unless 
the Secretary finds that the recipient requires 
more frequent oversight because the recipient has, 
for 2 consecutive quarterly reviews, failed to meet 
the requirements of such plan and the project is 
at risk of going over budget or becoming behind 
schedule; and 
‘‘(3) a process for recipients that the Secretary 
has found require more frequent oversight to return to 
quarterly reviews for purposes of paragraph (2)(B).’’. 
SEC. 21015. PUBLIC TRANSPORTATION SAFETY PROGRAM. 
(a) IN GENERAL.—Section 5329 of title 49, United 
States Code, is amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (C), by striking ‘‘and’’ 
at the end; 
(B) by redesignating subparagraph (D) as 
subparagraph (E); and 
(C) by inserting after subparagraph (C) the 
following:
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† HR 22 EAS 
‘‘(D) minimum safety standards to ensure 
the safe operation of public transportation sys-
tems that— 
‘‘(i) are not related to performance 
standards for public transportation vehicles 
developed under subparagraph (C); and 
‘‘(ii) to the extent practicable, take into 
consideration— 
‘‘(I) relevant recommendations of 
the National Transportation Safety 
Board; 
‘‘(II) best practices standards de-
veloped by the public transportation 
industry; 
‘‘(III) 
any 
minimum 
safety 
standards 
or 
performance 
criteria 
being implemented across the public 
transportation industry; and 
‘‘(IV) any additional information 
that the Secretary determines necessary 
and appropriate; and’’; 
(2) in subsection (f)(2), by inserting after ‘‘pub-
lic transportation system of a recipient’’ the fol-
lowing: ‘‘or the public transportation industry gen-
erally’’; and
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† HR 22 EAS 
(3) in subsection (g)(1), in the matter preceding 
subparagraph (A), by striking ‘‘an eligible State, as 
defined in subsection (e),’’ and inserting ‘‘a recipi-
ent’’. 
(b) REVIEW
OF PUBLIC TRANSPORTATION SAFETY 
STANDARDS.— 
(1) REVIEW REQUIRED.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the Sec-
retary shall commence a review of the safety 
standards and protocols used in rail fixed guide-
way public transportation systems in the United 
States that examines the efficacy of existing 
standards and protocols. 
(B) CONTENTS OF REVIEW.—In conducting 
the review under this paragraph, the Secretary 
shall review— 
(i) 
minimum 
safety 
performance 
standards developed by the public transpor-
tation industry; 
(ii) 
safety 
performance 
standards, 
practices, or protocols in use by rail fixed 
guideway public transportation systems, in-
cluding—
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† HR 22 EAS 
(I) written emergency plans and 
procedures for passenger evacuations; 
(II) training programs to ensure 
public transportation personnel com-
pliance and readiness in emergency 
situations; 
(III) coordination plans with 
local emergency responders having ju-
risdiction over a rail fixed guideway 
public transportation system, includ-
ing— 
(aa) emergency preparedness 
training, drills, and familiariza-
tion programs for those first re-
sponders; and 
(bb) the scheduling of regular 
field exercises to ensure appro-
priate response and effective radio 
and public safety communica-
tions; 
(IV) maintenance, testing, and in-
spection programs to ensure the proper 
functioning of— 
(aa) tunnel, station, and ve-
hicle ventilation systems;
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† HR 22 EAS 
(bb) signal and train control 
systems, track, mechanical sys-
tems, and other infrastructure; 
and 
(cc) other systems as nec-
essary; 
(V) certification requirements for 
train and bus operators and control 
center employees; 
(VI) consensus-based standards, 
practices, or protocols available to the 
public transportation industry; and 
(VII) any other standards, prac-
tices, or protocols the Secretary deter-
mines appropriate; and 
(iii) vehicle safety standards, practices, 
or protocols in use by public transportation 
systems, concerning— 
(I) bus design and the workstation 
of bus operators, as it relates to— 
(aa) the reduction of blind-
spots that contribute to accidents 
involving pedestrians; and 
(bb) protecting bus operators 
from the risk of assault; and
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† HR 22 EAS 
(II) scheduling fixed route bus 
service with adequate time and access 
for operators to use restroom facilities. 
(2) EVALUATION.—After conducting the review 
under paragraph (1), the Secretary shall, in consulta-
tion with representatives of the public transportation 
industry, evaluate the need to establish Federal min-
imum public transportation safety standards, includ-
ing— 
(A) standards governing worker safety; 
(B) standards for the operation of signals, 
track, on-track equipment, mechanical systems, 
and control systems; and 
(C) any other areas the Secretary, in con-
sultation with the public transportation indus-
try, determines require further evaluation. 
(3) REPORT.—Upon completing the review and 
evaluation required under paragraphs (1) and (2), re-
spectively, and not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to 
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate and the Committee on Transpor-
tation and Infrastructure of the of House of Rep-
resentatives a report that includes—
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† HR 22 EAS 
(A) findings based on the review conducted 
under paragraph (1); 
(B) the outcome of the evaluation conducted 
under paragraph (2); 
(C) a comprehensive set of recommendations 
to improve the safety of the public transportation 
industry, including recommendations for legisla-
tive changes where applicable; and 
(D) actions that the Secretary will take to 
address the recommendations provided under 
subparagraph (C), including, if necessary, the es-
tablishment of Federal minimum public trans-
portation safety standards. 
SEC. 21016. STATE OF GOOD REPAIR GRANTS. 
Section 5337 of title 49, United States Code, is amend-
ed— 
(1) in subsection (c)— 
(A) by striking paragraph (1) and inserting 
the following: 
‘‘(1) IN GENERAL.—Of the amount authorized or 
made available for a fiscal year under section 
5338(a)(2)(L)— 
‘‘(A) $100,000,000 shall be made available 
in accordance with this subsection; and
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† HR 22 EAS 
‘‘(B) 97.15 percent of the remainder shall be 
apportioned to recipients in accordance with this 
subsection.’’; and 
(B) in paragraph (2)(B), by inserting ‘‘the 
provisions of’’ before ‘‘section 5336(b)(1)’’; 
(2) in subsection (d)— 
(A) in paragraph (2), by striking ‘‘section 
5338(a)(2)(I), 2.85 percent’’ and inserting ‘‘sec-
tion 5338(a)(2)(L), the remainder after the ap-
plication of subsection (c)(1)’’; and 
(B) by adding at the end the following: 
‘‘(5) USE
OF
FUNDS.—Amounts apportioned 
under this subsection may be used for any project 
that is an eligible project under subsection (b)(1).’’; 
and 
(3) by adding at the end the following: 
‘‘(e) GOVERNMENT SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.—A grant for a capital 
project under this section shall be for 80 percent of the 
net project cost of the project. The recipient may pro-
vide additional local matching amounts. 
‘‘(2) REMAINING COSTS.—The remainder of the 
net project costs shall be provided from an undistrib-
uted cash surplus, a replacement or depreciation cash 
fund or reserve, or new capital.’’.
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† HR 22 EAS 
SEC. 21017. AUTHORIZATIONS. 
Section 5338 of title 49, United States Code, as amend-
ed by division G, is amended to read as follows: 
‘‘§ 5338. Authorizations 
‘‘(a) GRANTS.— 
‘‘(1) IN GENERAL.—There shall be available from 
the Mass Transit Account of the Highway Trust Fund 
to carry out sections 5305, 5307, 5310, 5311, 5312, 
5314, 5318, 5322(b), 5322(d), 5335, 5337, 5339, and 
5340, section 20005(b) of the Federal Public Trans-
portation Act of 2012, and section 21007(b) of the 
Federal Public Transportation Act of 2015— 
‘‘(A) $9,184,747,400 for fiscal year 2016; 
‘‘(B) $9,380,039,349 for fiscal year 2017; 
‘‘(C) $9,685,745,744 for fiscal year 2018; 
‘‘(D) $10,101,051,238 for fiscal year 2019; 
‘‘(E) $10,351,763,806 for fiscal year 2020; 
and 
‘‘(F) $10,609,442,553 for fiscal year 2021. 
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 
made available under paragraph (1)— 
‘‘(A) $132,020,000 for fiscal year 2016, 
$134,934,342 for fiscal year 2017, $138,004,098 
for fiscal year 2018, $141,328,616 for fiscal year 
2019, $144,893,631 for fiscal year 2020, and
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† HR 22 EAS 
$148,557,701 for fiscal year 2021 shall be avail-
able to carry out section 5305; 
‘‘(B) $10,000,000 for each of fiscal years 
2016 through 2021 shall be available to carry 
out section 20005(b) of the Federal Public Trans-
portation Act of 2012; 
‘‘(C) $4,538,905,700 for fiscal year 2016, 
$4,639,102,043 
for 
fiscal 
year 
2017, 
$4,794,641,615 
for 
fiscal 
year 
2018, 
$4,975,879,158 
for 
fiscal 
year 
2019, 
$5,101,395,710 
for 
fiscal 
year 
2020, 
and 
$5,230,399,804 for fiscal year 2021 shall be allo-
cated in accordance with section 5336 to provide 
financial assistance for urbanized areas under 
section 5307; 
‘‘(D) $263,466,000 for fiscal year 2016, 
$269,282,012 for fiscal year 2017, $275,408,178 
for fiscal year 2018, $288,264,292 for fiscal year 
2019, $295,535,759 for fiscal year 2020, and 
$303,009,267 for fiscal year 2021 shall be avail-
able to provide financial assistance for services 
for the enhanced mobility of seniors and individ-
uals with disabilities under section 5310; 
‘‘(E) $2,000,000 for each of fiscal years 
2016 through 2021 shall be available for the pilot
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† HR 22 EAS 
program for innovative coordinated access and 
mobility under section 21007(b) of the Federal 
Public Transportation Act of 2015; 
‘‘(F) $619,956,000 for fiscal year 2016, 
$633,641,529 for fiscal year 2017, $648,056,873 
for fiscal year 2018, $678,308,311 for fiscal year 
2019, $695,418,638 for fiscal year 2020, and 
$713,004,385 for fiscal year 2021 shall be avail-
able to provide financial assistance for rural 
areas under section 5311, of which not less 
than— 
‘‘(i) $35,000,000 for each of fiscal 
years 2016 through 2021 shall be available 
to carry out section 5311(c)(1); and 
‘‘(ii) $20,000,000 for each of fiscal 
years 2016 through 2021 shall be available 
to carry out section 5311(c)(2); 
‘‘(G) $30,000,000 for each of fiscal years 
2016 through 2021 shall be available to carry 
out section 5312, of which— 
‘‘(i) $5,000,000 for each of fiscal years 
2016 through 2021 shall be available to 
carry out section 5312(e); and
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† HR 22 EAS 
‘‘(ii) $5,000,000 for each of fiscal years 
2016 through 2021 shall be available to 
carry out section 5312(h); 
‘‘(H) $4,000,000 for each of fiscal years 
2016 through 2021 shall be available to carry 
out section 5314; 
‘‘(I) $3,000,000 for each of fiscal years 2016 
through 2021 shall be available for bus testing 
under section 5318; 
‘‘(J) $5,000,000 for each of fiscal years 2016 
through 2021 shall be available for the national 
transit institute under section 5322(d); 
‘‘(K) $4,000,000 for each of fiscal years 
2016 through 2021 shall be available to carry 
out section 5335; 
‘‘(L) $2,428,342,500 for fiscal year 2016, 
$2,479,740,661 
for 
fiscal 
year 
2017, 
$2,533,879,761 
for 
fiscal 
year 
2018, 
$2,592,511,924 
for 
fiscal 
year 
2019, 
$2,655,385,537 
for 
fiscal 
year 
2020, 
and 
$2,720,006,127 for fiscal year 2021 shall be 
available to carry out section 5337; 
‘‘(M) $430,794,600 for fiscal year 2016, 
$440,304,391 for fiscal year 2017, $495,321,316 
for fiscal year 2018, $585,851,498 for fiscal year
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† HR 22 EAS 
‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRATION, 
AND DEPLOYMENT PROGRAM.—There are authorized to be 
appropriated to carry out section 5312, other than sub-
sections (e) and (h) of that section, $20,000,000 for each 
of fiscal years 2016 through 2021. 
‘‘(c) TECHNICAL ASSISTANCE AND STANDARDS DEVEL-
OPMENT.—There are authorized to be appropriated to carry 
out section 5314, $7,000,000 for each of fiscal years 2016 
through 2021. 
‘‘(d) HUMAN RESOURCES AND TRAINING.—There are 
authorized to be appropriated to carry out subsections (a), 
(b), (c), and (e) of section 5322, $5,000,000 for each of fiscal 
years 2016 through 2021. 
‘‘(e) EMERGENCY RELIEF PROGRAM.—There are au-
thorized to be appropriated such sums as are necessary to 
carry out section 5324. 
‘‘(f) CAPITAL INVESTMENT GRANTS.—There are au-
thorized to be appropriated to carry out section 5309 of this 
title and section 21006(b) of the Federal Public Transpor-
tation Act of 2015, $2,301,785,760 for fiscal year 2016, 
$2,352,597,681 for fiscal year 2017, $2,406,119,278 for fis-
cal year 2018, $2,464,082,691 for fiscal year 2019, 
$2,526,239,177 for fiscal year 2020, and $2,590,122,713 for 
fiscal year 2021, of which $276,214,291 for fiscal year 2016, 
$282,311,722 for fiscal year 2017, $288,734,313 for fiscal
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† HR 22 EAS 
year 2018, $295,689,923 for fiscal year 2019, $303,148,701 
for fiscal year 2020, and $310,814,726 for fiscal year 2021 
shall be available to carry out section 21006(b) of the Fed-
eral Public Transportation Act of 2015. 
‘‘(g) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out section 5334, $115,016,543 
for fiscal year 2016, $117,555,533 for fiscal year 
2017, $120,229,921 for fiscal year 2018, $123,126,260 
for fiscal year 2019, $126,232,120 for fiscal year 
2020, and $129,424,278 for fiscal year 2021. 
‘‘(2) SECTION 5329.—Of the amounts authorized 
to be appropriated under paragraph (1), not less than 
$8,000,000 for each of fiscal years 2016 through 2021 
shall be available to carry out section 5329. 
‘‘(3) SECTION 5326.—Of the amounts made avail-
able under paragraph (2), not less than $2,000,000 
for each of fiscal years 2016 through 2021 shall be 
available to carry out section 5326. 
‘‘(h) OVERSIGHT.— 
‘‘(1) IN GENERAL.—Of the amounts made avail-
able to carry out this chapter for a fiscal year, the 
Secretary may use not more than the following 
amounts for the activities described in paragraph (2):
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† HR 22 EAS 
‘‘(A) 0.5 percent of amounts made available 
to carry out section 5305. 
‘‘(B) 0.75 percent of amounts made avail-
able to carry out section 5307. 
‘‘(C) 1 percent of amounts made available 
to carry out section 5309. 
‘‘(D) 1 percent of amounts made available 
to carry out section 601 of the Passenger Rail 
Investment and Improvement Act of 2008 (Pub-
lic Law 110–432; 126 Stat. 4968). 
‘‘(E) 0.5 percent of amounts made available 
to carry out section 5310. 
‘‘(F) 0.5 percent of amounts made available 
to carry out section 5311. 
‘‘(G) 1 percent of amounts made available 
to carry out section 5337, of which not less than 
0.25 percent shall be available to carry out sec-
tion 5329. 
‘‘(H) 0.75 percent of amounts made avail-
able to carry out section 5339. 
‘‘(2) ACTIVITIES.—The activities described in 
this paragraph are as follows: 
‘‘(A) Activities to oversee the construction of 
a major capital project.
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† HR 22 EAS 
‘‘(B) Activities to review and audit the safe-
ty and security, procurement, management, and 
financial compliance of a recipient or sub-
recipient of funds under this chapter. 
‘‘(C) Activities to provide technical assist-
ance generally, and to provide technical assist-
ance to correct deficiencies identified in compli-
ance reviews and audits carried out under this 
section. 
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov-
ernment shall pay the entire cost of carrying out a 
contract under this subsection. 
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 
made available under paragraph (1)(C) shall be made 
available to the Secretary before allocating the funds 
appropriated to carry out any project under a full 
funding grant agreement. 
‘‘(i) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts made available 
from the Mass Transit Account of the Highway Trust 
Fund pursuant to this section is a contractual obliga-
tion of the Government to pay the Government share 
of the cost of the project.
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† HR 22 EAS 
‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 
A grant or contract that is approved by the Secretary 
and financed with amounts appropriated in advance 
from the General Fund of the Treasury pursuant to 
this section is a contractual obligation of the Govern-
ment to pay the Government share of the cost of the 
project only to the extent that amounts are appro-
priated for such purpose by an Act of Congress. 
‘‘(j) AVAILABILITY
OF AMOUNTS.—Amounts made 
available by or appropriated under this section shall re-
main available until expended.’’. 
SEC. 21018. GRANTS FOR BUS AND BUS FACILITIES. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, as amended by division G, is amended by 
striking section 5339 and inserting the following: 
‘‘§ 5339. Grants for bus and bus facilities 
‘‘(a) FORMULA GRANTS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘low or no emission vehicle’ 
has the meaning given that term in subsection 
(c)(1); 
‘‘(B) the term ‘State’ means a State of the 
United States; and 
‘‘(C) the term ‘territory’ means the District 
of Columbia, Puerto Rico, the Northern Mariana
341 
† HR 22 EAS 
Islands, Guam, American Samoa, and the 
United States Virgin Islands. 
‘‘(2) GENERAL AUTHORITY.—The Secretary may 
make grants under this subsection to assist eligible re-
cipients described in paragraph (4)(A) in financing 
capital projects— 
‘‘(A) to replace, rehabilitate, and purchase 
buses and related equipment, including techno-
logical changes or innovations to modify low or 
no emissions vehicles or facilities; and 
‘‘(B) to construct bus-related facilities. 
‘‘(3) GRANT REQUIREMENTS.—The requirements 
of— 
‘‘(A) section 5307 shall apply to recipients 
of grants made in urbanized areas under this 
subsection; and 
‘‘(B) section 5311 shall apply to recipients 
of grants made in rural areas under this sub-
section. 
‘‘(4) ELIGIBLE
RECIPIENTS
AND
SUBRECIPI-
ENTS.— 
‘‘(A) 
RECIPIENTS.—Eligible 
recipients 
under this subsection are— 
‘‘(i) designated recipients that allocate 
funds to fixed route bus operators; or
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† HR 22 EAS 
‘‘(ii) State or local governmental enti-
ties that operate fixed route bus service. 
‘‘(B) SUBRECIPIENTS.—A recipient that re-
ceives a grant under this subsection may allocate 
amounts of the grant to subrecipients that are 
public agencies or private nonprofit organiza-
tions engaged in public transportation. 
‘‘(5) DISTRIBUTION OF GRANT FUNDS.—Funds 
allocated under section 5338(a)(2)(M) shall be distrib-
uted as follows: 
‘‘(A) 
NATIONAL
DISTRIBUTION.— 
$103,000,000 for each of fiscal years 2016 
through 2021 shall be allocated to all States and 
territories, with each State receiving $2,000,000 
for each such fiscal year and each territory re-
ceiving $500,000 for each such fiscal year. 
‘‘(B) DISTRIBUTION
USING
POPULATION 
AND SERVICE FACTORS.—The remainder of the 
funds not otherwise distributed under subpara-
graph (A) shall be allocated pursuant to the for-
mula set forth in section 5336 other than sub-
section (b). 
‘‘(6) TRANSFERS OF APPORTIONMENTS.— 
‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL 
DISTRIBUTION FUNDS.—The Governor of a State
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† HR 22 EAS 
may transfer any part of the State’s apportion-
ment under paragraph (5)(A) to supplement 
amounts apportioned to the State under section 
5311(c) of this title or amounts apportioned to 
urbanized areas under subsections (a) and (c) of 
section 5336 of this title. 
‘‘(B) TRANSFER
FLEXIBILITY
FOR
POPU-
LATION
AND
SERVICE
FACTORS
FUNDS.—The 
Governor of a State may expend in an urbanized 
area with a population of less than 200,000 any 
amounts apportioned under paragraph (5)(B) 
that are not allocated to designated recipients in 
urbanized areas with a population of 200,000 or 
more. 
‘‘(7) GOVERNMENT SHARE OF COSTS.— 
‘‘(A) CAPITAL PROJECTS.—A grant for a 
capital project under this subsection shall be for 
80 percent of the net capital costs of the project. 
A recipient of a grant under this subsection may 
provide additional local matching amounts. 
‘‘(B) REMAINING COSTS.—The remainder of 
the net project cost shall be provided— 
‘‘(i) in cash from non-Government 
sources other than revenues from providing 
public transportation services;
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† HR 22 EAS 
‘‘(ii) from revenues derived from the 
sale of advertising and concessions; 
‘‘(iii) from an undistributed cash sur-
plus, a replacement or depreciation cash 
fund or reserve, or new capital; 
‘‘(iv) from amounts received under a 
service agreement with a State or local so-
cial service agency or private social service 
organization; or 
‘‘(v) from revenues generated from 
value capture financing mechanisms. 
‘‘(8) PERIOD OF AVAILABILITY TO RECIPIENTS.— 
Amounts made available under this subsection may be 
obligated by a recipient for 3 fiscal years after the fis-
cal year in which the amount is apportioned. Not 
later than 30 days after the end of the 3-fiscal-year 
period described in the preceding sentence, any 
amount that is not obligated on the last day of that 
period shall be added to the amount that may be ap-
portioned under this subsection in the next fiscal 
year. 
‘‘(b) 
BUS
AND
BUS
FACILITIES
COMPETITIVE 
GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary may make 
grants under this subsection to designated recipients
345 
† HR 22 EAS 
to assist in the financing of bus and bus facilities 
capital projects, including— 
‘‘(A) replacing, rehabilitating, purchasing, 
or leasing buses or related equipment; and 
‘‘(B) 
rehabilitating, 
purchasing, 
con-
structing, or leasing bus-related facilities. 
‘‘(2) 
GRANT
CONSIDERATIONS.—In 
making 
grants under this subsection, the Secretary shall con-
sider the age and condition of buses, bus fleets, related 
equipment, and bus-related facilities. 
‘‘(3) STATEWIDE APPLICATIONS.—A State may 
submit a statewide application on behalf of a public 
agency or private nonprofit organization engaged in 
public transportation in rural areas or other areas 
for which the State allocates funds. The submission of 
a statewide application shall not preclude the submis-
sion and consideration of any application under this 
subsection from other eligible recipients in an urban-
ized area in a State. 
‘‘(4) REQUIREMENTS FOR THE SECRETARY.—The 
Secretary shall— 
‘‘(A) disclose all metrics and evaluation 
procedures to be used in considering grant appli-
cations under this subsection upon issuance of
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† HR 22 EAS 
the notice of funding availability in the Federal 
Register; and 
‘‘(B) publish a summary of final scores for 
selected projects, metrics, and other evaluations 
used in awarding grants under this subsection in 
the Federal Register. 
‘‘(5) RURAL PROJECTS.—Not less 10 percent of 
the amounts made available under this subsection in 
a fiscal year shall be distributed to projects in rural 
areas. 
‘‘(6) GRANT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A grant under this sub-
section shall be subject to the requirements of— 
‘‘(i) section 5307 for recipients of 
grants made in urbanized areas; and 
‘‘(ii) section 5311 for recipients of 
grants made in rural areas. 
‘‘(B) GOVERNMENT SHARE OF COSTS.—The 
Government share of the cost of an eligible 
project carried out under this subsection shall 
not exceed 80 percent. 
‘‘(7) AVAILABILITY
OF
FUNDS.—Any amounts 
made available to carry out this subsection—
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† HR 22 EAS 
‘‘(A) shall remain available for 2 fiscal 
years after the fiscal year for which the amount 
is made available; and 
‘‘(B) that remain unobligated at the end of 
the period described in subparagraph (A) shall 
be added to the amount made available to an eli-
gible project in the following fiscal year. 
‘‘(8) LIMITATION.—Of the amounts made avail-
able under this subsection, not more than 15 percent 
may be awarded to a single grantee. 
‘‘(c) LOW OR NO EMISSION GRANTS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘direct carbon emissions’ 
means the quantity of direct greenhouse gas 
emissions from a vehicle, as determined by the 
Administrator of the Environmental Protection 
Agency; 
‘‘(B) the term ‘eligible project’ means a 
project or program of projects in an eligible area 
for— 
‘‘(i) acquiring low or no emission vehi-
cles; 
‘‘(ii) leasing low or no emission vehi-
cles;
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† HR 22 EAS 
‘‘(iii) acquiring low or no emission ve-
hicles with a leased power source; 
‘‘(iv) constructing facilities and related 
equipment for low or no emission vehicles; 
‘‘(v) leasing facilities and related 
equipment for low or no emission vehicles; 
‘‘(vi) constructing new public transpor-
tation facilities to accommodate low or no 
emission vehicles; or 
‘‘(vii) rehabilitating or improving ex-
isting public transportation facilities to ac-
commodate low or no emission vehicles; 
‘‘(C) the term ‘leased power source’ means a 
removable power source, as defined in paragraph 
(4)(A) of section 5316(c), that is made available 
through a capital lease under that section; 
‘‘(D) the term ‘low or no emission bus’ 
means a bus that is a low or no emission vehicle; 
‘‘(E) the term ‘low or no emission vehicle’ 
means— 
‘‘(i) a passenger vehicle used to provide 
public transportation that the Secretary de-
termines sufficiently reduces energy con-
sumption or harmful emissions, including
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† HR 22 EAS 
direct carbon emissions, when compared to 
a comparable standard vehicle; or 
‘‘(ii) a zero emission vehicle used to 
provide public transportation; 
‘‘(F) the term ‘recipient’ means a des-
ignated recipient, a local governmental author-
ity, or a State that receives a grant under this 
subsection for an eligible project; and 
‘‘(G) the term ‘zero emission vehicle’ means 
a low or no emission vehicle that produces no 
carbon or particulate matter. 
‘‘(2) GENERAL AUTHORITY.—The Secretary may 
make grants to recipients to finance eligible projects 
under this subsection. 
‘‘(3) GRANT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A grant under this sub-
section shall be subject to the requirements of sec-
tion 5307. 
‘‘(B) GOVERNMENT SHARE OF COSTS FOR 
CERTAIN PROJECTS.—Section 5323(i) applies to 
eligible projects carried out under this subsection, 
unless the recipient requests a lower grant per-
centage. 
‘‘(C) 
COMBINATION
OF
FUNDING 
SOURCES.—
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† HR 22 EAS 
‘‘(i) COMBINATION
PERMITTED.—An 
eligible project carried out under this sub-
section may receive funding under section 
5307 or any other provision of law. 
‘‘(ii) GOVERNMENT
SHARE.—Nothing 
in this subparagraph shall be construed to 
alter the Government share required under 
paragraph (7), section 5307, or any other 
provision of law. 
‘‘(4) COMPETITIVE
PROCESS.—The Secretary 
shall— 
‘‘(A) not later than 30 days after the date 
on which amounts are made available for obliga-
tion under this subsection for a full fiscal year, 
solicit grant applications for eligible projects on 
a competitive basis; and 
‘‘(B) award a grant under this subsection 
based on the solicitation under subparagraph (A) 
not later than the earlier of— 
‘‘(i) 75 days after the date on which 
the solicitation expires; or 
‘‘(ii) the end of the fiscal year in which 
the Secretary solicited the grant applica-
tions.
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† HR 22 EAS 
‘‘(5) 
CONSIDERATION.—In 
awarding 
grants 
under this subsection, the Secretary shall only con-
sider eligible projects relating to the acquisition or 
leasing of low or no emission buses that— 
‘‘(A) make greater reductions in energy con-
sumption and harmful emissions, including di-
rect carbon emissions, than comparable standard 
buses or other low or no emission buses; and 
‘‘(B) are part of a long-term integrated fleet 
management plan for the recipient. 
‘‘(6) AVAILABILITY
OF
FUNDS.—Any amounts 
made available to carry out this subsection— 
‘‘(A) shall remain available to an eligible 
project for 2 fiscal years after the fiscal year for 
which the amount is made available; and 
‘‘(B) that remain unobligated at the end of 
the period described in subparagraph (A) shall 
be added to the amount made available to an eli-
gible project in the following fiscal year. 
‘‘(7) GOVERNMENT SHARE OF COSTS.— 
‘‘(A) IN GENERAL.—The Federal share of 
the cost of an eligible project carried out under 
this subsection shall not exceed 80 percent. 
‘‘(B) NON-FEDERAL SHARE.—The non-Fed-
eral share of the cost of an eligible project car-
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† HR 22 EAS 
ried out under this subsection may be derived 
from in-kind contributions.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections for chapter 53 of title 49, United States 
Code, is amended by striking the item relating to section 
5339 and inserting the following: 
‘‘5339. Grants for bus and bus facilities.’’. 
SEC. 21019. SALARY OF FEDERAL TRANSIT ADMINISTRATOR. 
(a) IN GENERAL.—Section 5313 of title 5, United 
States Code, is amended by adding at the end the following: 
‘‘Federal Transit Administrator.’’. 
(b) CONFORMING AMENDMENT.—Section 5314 of title 
5, United States Code, is amended by striking ‘‘Federal 
Transit Administrator.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the first day of the first pay pe-
riod beginning on or after the first day of the first fiscal 
year beginning after the date of enactment of this Act. 
SEC. 21020. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) CHAPTER 53 OF TITLE 49, UNITED STATES 
CODE.— 
(1) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended— 
(A) by striking section 5319; 
(B) in section 5325—
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(i) in subsection (e)(2), by striking ‘‘at 
least two’’; and 
(ii) in subsection (h), by striking ‘‘Fed-
eral Public Transportation Act of 2012’’ 
and inserting ‘‘Federal Public Transpor-
tation Act of 2015’’; 
(C) in section 5336— 
(i) in subsection (a), by striking ‘‘sub-
section (h)(4)’’ and inserting ‘‘subsection 
(h)(5)’’; and 
(ii) in subsection (h), as amended by 
division G— 
(I) by striking paragraph (1) and 
inserting the following: 
‘‘(1) $30,000,000 for each fiscal year shall be set 
aside to carry out section 5307(h);’’; and 
(II) in paragraph (3), by striking 
‘‘1.5 percent’’ and inserting ‘‘2 per-
cent’’; and 
(D) in section 5340(b), by striking ‘‘section 
5338(b)(2)(M)’’ 
and 
inserting 
‘‘section 
5338(a)(2)(O)’’. 
(2) TABLE OF SECTIONS.—The table of sections 
for chapter 53 of title 49, United States Code, is
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amended by striking the item relating to section 5319 
and inserting the following: 
‘‘[5319. Repealed.]’’. 
(b) CHAPTER 105 OF TITLE 49, UNITED STATES 
CODE.—Section 10501(c) of title 49, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)(i), by striking 
‘‘section 5302(a)’’ and inserting ‘‘section 5302’’; 
and 
(B) in subparagraph (B)— 
(i) by striking ‘‘mass transportation’’ 
and inserting ‘‘public transportation’’; and 
(ii) by striking ‘‘section 5302(a)’’ and 
inserting ‘‘section 5302’’; and 
(2) in paragraph (2)(A), by striking ‘‘mass 
transportation’’ and inserting ‘‘public transpor-
tation’’. 
DIVISION 
C—COMPREHENSIVE 
TRANSPORTATION AND CON-
SUMER PROTECTION ACT OF 
2015 
SEC. 31001. SHORT TITLE. 
This division may be cited as the ‘‘Comprehensive 
Transportation and Consumer Protection Act of 2015.’’
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SEC. 31002. REFERENCES TO TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, wherever in 
this division an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
SEC. 31003. EFFECTIVE DATE. 
Subtitle A of title XXXII, sections 33103, 34101(g), 
34105, 34106, 34107, 34133, 34141, 34202, 34203, 34204, 
34205, 34206, 34207, 34208, 34211, 34212, 34213, 34214, 
34215, subtitles C and D of title XXXIV, and title XXXV 
take effect on the date of enactment of this Act. 
TITLE XXXI—OFFICE OF THE 
SECRETARY 
Subtitle A—Accelerating Project 
Delivery 
SEC. 31101. DELEGATION OF AUTHORITY. 
(a) IN GENERAL.—Chapter 1 is amended by adding 
at the end the following: 
‘‘§ 116. Administrations; acting officers 
‘‘No person designated to serve as the acting head of 
an administration in the department of transportation 
under section 3345 of title 5 may continue to perform the 
functions and duties of the office if the time limitations in
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† HR 22 EAS 
section 3346 of that title would prevent the person from con-
tinuing to serve in a formal acting capacity.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 1 is amended by inserting after the item relating 
to section 115 the following: 
‘‘116. Administrations; acting officers.’’. 
(c) APPLICATION.—The amendment under subsection 
(a) shall apply to any applicable office with a position des-
ignated for a Senate confirmed official. 
SEC. 31102. INFRASTRUCTURE PERMITTING IMPROVEMENT 
CENTER. 
(a) IN GENERAL.—Subchapter I of chapter 3, as 
amended by sections 31104 and 31106 of this Act, is further 
amended by adding after section 311 the following: 
‘‘§ 312. Interagency Infrastructure Permitting Im-
provement Center 
‘‘(a) IN GENERAL.—There is established in the Office 
of the Secretary an Interagency Infrastructure Permitting 
Improvement Center (referred to in this section as the ‘Cen-
ter’). 
‘‘(b) ROLES AND RESPONSIBILITIES.— 
‘‘(1) GOVERNANCE.—The Center shall report to 
the chair of the Steering Committee described in 
paragraph (2) to ensure that the perspectives of all 
member agencies are represented.
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‘‘(2) INFRASTRUCTURE
PERMITTING
STEERING 
COMMITTEE.—An Infrastructure Permitting Steering 
Committee (referred to in this section as the ‘Steering 
Committee’) is established to oversee the work of the 
Center. The Steering Committee shall be chaired by 
the Federal Chief Performance Officer in consultation 
with the Chair of the Council on Environmental 
Quality and shall be comprised of Deputy-level rep-
resentatives from the following departments and agen-
cies: 
‘‘(A) The Department of Defense. 
‘‘(B) The Department of the Interior. 
‘‘(C) The Department of Agriculture. 
‘‘(D) The Department of Commerce. 
‘‘(E) The Department of Transportation. 
‘‘(F) The Department of Energy. 
‘‘(G) The Department of Homeland Secu-
rity. 
‘‘(H) The Environmental Protection Agen-
cy. 
‘‘(I) The Advisory Council on Historic Pres-
ervation. 
‘‘(J) The Department of the Army. 
‘‘(K) The Department of Housing and 
Urban Development.
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‘‘(L) Other agencies the Chair of the Steer-
ing Committee invites to participate. 
‘‘(3) ACTIVITIES.—The Center shall support the 
Chair of the Steering Committee and undertake the 
following: 
‘‘(A) Coordinate and support implementa-
tion of priority reform actions for Federal agen-
cy permitting and reviews for areas as defined 
and identified by the Steering Committee. 
‘‘(B) Support modernization efforts at Fed-
eral agencies and interagency pilots for innova-
tive approaches to the permitting and review of 
infrastructure projects. 
‘‘(C) Provide technical assistance and train-
ing to field and headquarters staff of Federal 
agencies on policy changes, innovative ap-
proaches to project delivery, and other topics as 
appropriate. 
‘‘(D) Identify, develop, and track metrics 
for timeliness of permit reviews, permit deci-
sions, and project outcomes. 
‘‘(E) Administer and expand the use of on-
line transparency tools providing for— 
‘‘(i) tracking and reporting of metrics;
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‘‘(ii) development and posting of sched-
ules for permit reviews and permit deci-
sions; and 
‘‘(iii) sharing of best practices related 
to efficient project permitting and reviews. 
‘‘(F) Provide reporting to the President on 
progress toward achieving greater efficiency in 
permitting decisions and review of infrastructure 
projects and progress toward achieving better 
outcomes for communities and the environment. 
‘‘(G) Meet not less frequently than annually 
with groups or individuals representing State, 
Tribal, and local governments that are engaged 
in the infrastructure permitting process. 
‘‘(4) INFRASTRUCTURE SECTORS COVERED.—The 
Center shall support process improvements in the per-
mitting and review of infrastructure projects in the 
following sectors: 
‘‘(A) Surface transportation. 
‘‘(B) Aviation. 
‘‘(C) Ports and waterways. 
‘‘(D) Water resource projects. 
‘‘(E) Renewable energy generation. 
‘‘(F) Electricity transmission. 
‘‘(G) Broadband.
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‘‘(H) Pipelines. 
‘‘(I) Other sectors, as determined by the 
Steering Committee. 
‘‘(c) PERFORMANCE MEASURES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Comprehensive Transpor-
tation and Consumer Protection Act of 2015, the Sec-
retary, in coordination with the heads of other Fed-
eral agencies on the Steering Committee with respon-
sibility for the review and approval of infrastructure 
projects sectors described in subsection (b)(4), shall 
evaluate and report on— 
‘‘(A) the progress made toward aligning 
Federal reviews of such projects and the improve-
ment of project delivery associated with those 
projects; and 
‘‘(B) the effectiveness of the Center in 
achieving reduction of permitting time and 
project delivery time. 
‘‘(2) PERFORMANCE TARGETS.—Not later than 
180 days after the date on which the Secretary of 
Transportation establishes performance measures in 
accordance with paragraph (1), the Secretary shall es-
tablish performance targets relating to each of the
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measures and standards described in subparagraphs 
(A) and (B) of paragraph (1). 
‘‘(3) REPORT TO CONGRESS.—Not later than 2 
years after the date of enactment of the Comprehen-
sive Transportation and Consumer Protection Act of 
2015 and biennially thereafter, the Secretary shall 
submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives that describes— 
‘‘(A) the results of the evaluation conducted 
under paragraph (1); and 
‘‘(B) the progress towards achieving the tar-
gets established under paragraph (2). 
‘‘(4) INSPECTOR GENERAL REPORT.—Not later 
than 3 years after the date of enactment of the Com-
prehensive Transportation and Consumer Protection 
Act of 2015, the Inspector General of the Department 
of Transportation shall submit a report to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives that 
describes— 
‘‘(A) the results of the evaluation conducted 
under paragraph (1); and
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‘‘(B) the progress towards achieving the tar-
gets established under paragraph (2).’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of chapter 3, as amended by sections 31104 and 31106 of 
this Act, is further amended by inserting after the item re-
lating to section 311 the following: 
‘‘312. Interagency Infrastructure Permitting Improvement Center.’’. 
SEC. 31103. ACCELERATED DECISION-MAKING IN ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—Subchapter I of chapter 3 is 
amended by inserting after section 304 the following: 
‘‘§ 304a. Accelerated decision-making in environ-
mental reviews 
‘‘(a) IN GENERAL.—In preparing a final environ-
mental impact statement under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 
Department of Transportation, when acting as lead agency, 
modifies the statement in response to comments that are 
minor and are confined to factual corrections or expla-
nations of why the comments do not warrant additional 
Departmental response, the Department may write on er-
rata sheets attached to the statement instead of rewriting 
the draft statement, subject to the condition that the errata 
sheets— 
‘‘(1) cite the sources, authorities, or reasons that 
support the position of the Department; and
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‘‘(2) if appropriate, indicate the circumstances 
that would trigger Departmental reappraisal or fur-
ther response. 
‘‘(b) INCORPORATION.—To the maximum extent prac-
ticable, the Department shall expeditiously develop a single 
document that consists of a final environmental impact 
statement and a record of decision, unless— 
‘‘(1) the final environmental impact statement 
makes substantial changes to the proposed action that 
are relevant to environmental or safety concerns; or 
‘‘(2) there are significant new circumstances or 
information relevant to environmental concerns and 
that bear on the proposed action or the impacts of the 
proposed action.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of chapter 3 is amended by inserting after the item relating 
to section 304 the following: 
‘‘304a. Accelerated decision-making in environmental reviews.’’. 
SEC. 31104. ENVIRONMENTAL REVIEW ALIGNMENT AND RE-
FORM. 
(a) IN GENERAL.—Subchapter I of chapter 3 is 
amended by inserting after section 309 the following: 
‘‘§ 310. Aligning Federal environmental reviews 
‘‘(a) COORDINATED
AND
CONCURRENT
ENVIRON-
MENTAL REVIEWS.—Not later than 1 year after the date 
of enactment of the Comprehensive Transportation and
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Consumer Protection Act of 2015, the Department of Trans-
portation, in coordination with the Steering Committee de-
scribed in section 312 of this title, shall develop a coordi-
nated and concurrent environmental review and permitting 
process for transportation projects when initiating an envi-
ronmental impact statement under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (referred 
to in this section as ‘NEPA’). The coordinated and concur-
rent environmental review and permitting process shall— 
‘‘(1) ensure that the Department of Transpor-
tation and Federal agencies of jurisdiction possess 
sufficient information early in the review process to 
determine a statement of a transportation project’s 
purpose and need and range of alternatives for anal-
ysis that the lead agency and agencies of jurisdiction 
will rely upon for concurrent environmental reviews 
and permitting decisions required for the proposed 
project; 
‘‘(2) achieve early concurrence or issue resolution 
during the NEPA scoping process on the Department 
of Transportation’s statement of a project’s purpose 
and need and during development of the environ-
mental impact statement on the range of alternatives 
for analysis that the lead agency and agencies of ju-
risdiction will rely upon for concurrent environ-
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mental reviews and permitting decisions required for 
the proposed project absent circumstances that require 
reconsideration in order to meet an agency of juris-
diction’s legal obligations; and 
‘‘(3) achieve concurrence or issue resolution in 
an expedited manner if circumstances arise that re-
quire a reconsideration of the purpose and need or 
range of alternatives considered during any Federal 
agency’s environmental or permitting review in order 
to meet an agency of jurisdiction’s legal obligations. 
‘‘(b) ENVIRONMENTAL CHECKLIST.—The Secretary of 
Transportation and Federal agencies of jurisdiction likely 
to have substantive review or approval responsibilities on 
transportation projects, not later than 90 days after the 
date of enactment of the Comprehensive Transportation and 
Consumer Protection Act of 2015, shall jointly develop a 
checklist to help project sponsors identify potential natural, 
cultural, and historic resources in the area of a proposed 
project. The purpose of the checklist is— 
‘‘(1) to identify agencies of jurisdiction and co-
operating agencies, 
‘‘(2) to develop the information needed for the 
purpose and need and alternatives for analysis; and
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‘‘(3) to improve interagency collaboration to help 
expedite the permitting process for the lead agency 
and Federal agencies of jurisdiction. 
‘‘(c) INTERAGENCY COLLABORATION.—Consistent with 
Federal environmental statutes and the priority reform ac-
tions for Federal agency permitting and reviews defined 
and identified by the Steering Committee established under 
section 312, the Secretary shall facilitate annual inter-
agency collaboration sessions at the appropriate jurisdic-
tional level to coordinate business plans and facilitate co-
ordination of workload planning and workforce manage-
ment. This engagement shall ensure agency staff is fully en-
gaged and utilizing the flexibility of existing regulations, 
policies, and guidance and identifying additional actions 
to facilitate high quality, efficient, and targeted environ-
mental reviews and permitting decisions. The sessions and 
the interagency collaborations they generate shall focus on 
how to work with State and local transportation entities 
to improve project planning, siting, and application qual-
ity and how to consult and coordinate with relevant stake-
holders and Federal, tribal, State, and local representatives 
early in permitting processes. 
‘‘(d) PERFORMANCE MEASUREMENT.—Not later than 
1 year after the date of enactment of the Comprehensive 
Transportation and Consumer Protection Act of 2015, the
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Secretary of Transportation, in coordination with the 
Steering Committee established under section 312 of this 
title, shall establish a program to measure and report on 
progress towards aligning Federal reviews as outlined in 
this section.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of subchapter I of chapter 3 is amended by inserting after 
the item relating to section 309 the following: 
‘‘310. Aligning Federal environmental reviews.’’. 
SEC. 31105. MULTIMODAL CATEGORICAL EXCLUSIONS. 
Section 304 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘operating authority’’ 
and inserting ‘‘operating administration or 
secretarial office’’; 
(ii) by inserting ‘‘has expertise but’’ 
before ‘‘is not the lead’’; and 
(iii) 
by 
inserting 
‘‘proposed 
multimodal’’ before ‘‘project’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) LEAD AUTHORITY.—The term ‘lead author-
ity’ means a Department of Transportation operating 
administration or secretarial office that has the lead
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responsibility for a proposed multimodal project.’’; 
and 
(C) in paragraph (3), by striking ‘‘has the 
meaning given the term in section 139(a) of title 
23’’ and inserting ‘‘means an action by the De-
partment of Transportation that involves exper-
tise of 1 or more Department of Transportation 
operating administrations or secretarial offices’’; 
(2) in subsection (b), by striking ‘‘under this 
title’’ and inserting ‘‘by the Secretary of Transpor-
tation’’; 
(3) in subsection (c)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘a categorical exclusion 
designated under the implementing regula-
tions or’’ and inserting ‘‘categorical exclu-
sions designated under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) implementing’’; and 
(ii) by striking ‘‘other components of 
the’’ 
and 
inserting 
‘‘a 
proposed 
multimodal’’; 
(B) by amending paragraphs (1) and (2) to 
read as follows:
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† HR 22 EAS 
‘‘(1) the lead authority makes a preliminary de-
termination on the applicability of a categorical ex-
clusion to a proposed multimodal project and notifies 
the cooperating authority of its intent to apply the co-
operating authority categorical exclusion; 
‘‘(2) the cooperating authority does not object to 
the lead authority’s preliminary determination of its 
applicability;’’; 
(C) in paragraph (3)— 
(i) by inserting ‘‘the lead authority de-
termines that’’ before ‘‘the component of’’; 
and 
(ii) 
by 
inserting 
‘‘proposed 
multimodal’’ before ‘‘project to be covered’’; 
and 
(D) by amending paragraph (4) to read as 
follows: 
‘‘(4) the lead authority, with the concurrence of 
the cooperating authority— 
‘‘(A) follows implementing regulations or 
procedures under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(B) 
determines 
that 
the 
proposed 
multimodal project does not individually or cu-
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mulatively have a significant impact on the en-
vironment; and 
‘‘(C) determines that extraordinary cir-
cumstances do not exist that merit additional 
analysis and documentation in an environ-
mental impact statement or environmental as-
sessment required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).’’; and 
(4) by amending subsection (d) to read as fol-
lows: 
‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co-
operating authority shall provide expertise to the lead au-
thority on aspects of the multimodal project in which the 
cooperating authority has expertise.’’. 
SEC. 31106. IMPROVING TRANSPARENCY IN ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—Subchapter I of chapter 3, as 
amended by section 31104 of this Act, is further amended 
by inserting after section 310 the following: 
‘‘§ 311. Improving transparency in environmental re-
views 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of the Comprehensive Transportation and 
Consumer Protection Act of 2015, the Secretary of Trans-
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portation shall establish an online platform and, in coordi-
nation with Federal agencies described in subsection (b), 
issue reporting standards to make publicly available the 
status and progress with respect to compliance with appli-
cable requirements under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Fed-
eral approval required under applicable laws for projects 
and activities requiring an environmental assessment or an 
environmental impact statement. 
‘‘(b) FEDERAL AGENCY PARTICIPATION.—A Federal 
agency of jurisdiction over an approval required for a 
project under applicable laws shall provide information re-
garding the status and progress of the approval to the online 
platform, consistent with the standards established under 
subsection (a). 
‘‘(c) ASSIGNMENT OF RESPONSIBILITIES.—An entity 
with assigned authority for responsibilities under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), under section 326 or section 327 of title 23 shall 
be responsible for supplying project development and com-
pliance status for all applicable projects.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of subchapter I of chapter 3, as amended by section 31104 
of this Act, is further amended by inserting after the item 
relating to section 310, the following: 
‘‘311. Improving transparency in environmental reviews.’’.
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SEC. 31107. LOCAL TRANSPORTATION INFRASTRUCTURE 
PROGRAM. 
Section 610 of title 23, United States Code, is amend-
ed— 
(1) in subsection (d)— 
(A) in paragraph (1), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) 10 percent of the funds apportioned to 
the State for each of fiscal years 2016 through 
2021 under each of sections 104(b)(1), 104(b)(2), 
and 144; and’’; 
(B) in paragraph (2), by striking ‘‘2005 
through 2009’’ and inserting ‘‘2016 through 
2021’’; 
(C) in paragraph (3), by striking ‘‘2005 
through 2009’’ and inserting ‘‘2016 through 
2021’’; and 
(D) in paragraph (5), by striking ‘‘section 
133(d)(3)’’ and inserting ‘‘section 133(d)(4)’’; 
and 
(2) in subsection (k), by striking ‘‘2005 through 
2009’’ and inserting ‘‘2016 through 2021’’. 
SEC. 31108. AUTHORIZATION OF GRANTS FOR POSITIVE 
TRAIN CONTROL. 
(a) IN GENERAL.—There shall be available from the 
Mass Transit Account of the Highway Trust Fund to carry
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† HR 22 EAS 
out this section $199,000,000 for fiscal year 2016 to assist 
in financing the installation of positive train control sys-
tems. 
(b) PROGRAMS.—The amounts made available under 
subsection (a) of this section may be used to assist in fi-
nancing the installation of positive train control systems 
through— 
(1) grants made under the rail safety technology 
grants program under section 20158 of title 49, 
United States Code; 
(2) grants made under the consolidated rail in-
frastructure and safety improvements program under 
section 24408 of title 49, United States Code; and 
(3) funding the cost, including the subsidy cost 
or cost of credit risk premiums, of direct loans and 
loan guarantees under sections 502 through 504 of the 
Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 801 et seq.). 
(c) ELIGIBLE RECIPIENTS.—The amounts made avail-
able under subsection (a) of this section may be used only 
to assist a recipient of funds under chapter 53 of title 49, 
United States Code, through the programs described in sub-
section (b). 
(d) PROJECT MANAGEMENT OVERSIGHT.—The Sec-
retary may withhold up to 1 percent from the amounts
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† HR 22 EAS 
made available under subsection (a) of this section for the 
costs of project management oversight of grants authorized 
under that subsection. 
(e) SAVINGS CLAUSE.—Nothing in this section may be 
construed as authorizing the amounts appropriated under 
subsection (a) to be used for any purpose other than financ-
ing the installation of positive train control systems. 
(f) GRANTS
FINANCED
FROM
HIGHWAY
TRUST 
FUND.—A grant, contract, direct loan, or loan guarantee 
that is approved by the Secretary and financed with 
amounts made available from the Mass Transit Account of 
the Highway Trust Fund under this section is a contractual 
obligation of the Government to pay the Government share 
of the cost of the project. 
(g) AVAILABILITY
OF
AMOUNTS.—Notwithstanding 
subsection (h), amounts made available under this section 
shall remain available until expended. 
(h) SUNSET.—The Secretary of Transportation shall 
provide the grants, direct loans, and loan guarantees under 
subsection (b) by September 30, 2017. 
Subtitle B—Research 
SEC. 31201. FINDINGS. 
Congress makes the followings findings: 
(1) Federal transportation research planning 
and coordination—
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(A) should occur within the Office of the 
Secretary; and 
(B) should be, to the extent practicable, 
multi-modal and not occur solely within the sub-
agencies of the Department of Transportation. 
(2) Managing a multi-modal research portfolio 
within the Office of the Secretary will— 
(A) help identify opportunities where re-
search could be applied across modes; and 
(B) prevent duplication of efforts and waste 
of limited Federal resources. 
(3) An ombudsman for research at the Depart-
ment of Transportation will— 
(A) give stakeholders a formal opportunity 
to address concerns; 
(B) ensure unbiased research; and 
(C) improve the overall research products of 
the Department. 
(4) Increasing transparency of transportation re-
search efforts will— 
(A) build stakeholder confidence in the final 
product; and 
(B) lead to the improved implementation of 
research findings.
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SEC. 31202. MODAL RESEARCH PLANS. 
(a) IN GENERAL.—Not later than June 15 of the year 
preceding the research fiscal year, the head of each modal 
administration and joint program office of the Department 
of Transportation shall submit a comprehensive annual 
modal research plan to the Assistant Secretary for Research 
and Technology of the Department of Transportation (re-
ferred to in this subtitle as the ‘‘Assistant Secretary’’). 
(b) REVIEW.— 
(1) IN GENERAL.—Not later than October 1 of 
each year, the Assistant Secretary, for each plan sub-
mitted pursuant to subsection (a), shall— 
(A) review the scope of the research; and 
(B)(i) approve the plan; or 
(ii) request that the plan be revised. 
(2) PUBLICATIONS.—Not later than January 30 
of each year, the Secretary shall publish each plan 
that has been approved under paragraph (1)(B)(i) on 
a public website. 
(3) REJECTION OF DUPLICATIVE RESEARCH EF-
FORTS.—The Assistant Secretary may not approve 
any plan submitted by the head of a modal adminis-
tration or joint program office pursuant to subsection 
(a) if such plan duplicates the research efforts of any 
other modal administration.
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† HR 22 EAS 
(c) FUNDING LIMITATIONS.—No funds may be ex-
pended by the Department of Transportation on research 
that has not previously been approved as part of a modal 
research plan approved by the Assistant Secretary unless— 
(1) such research is required by an Act of Con-
gress; 
(2) such research was part of a contract that was 
funded before the date of enactment of this Act; or 
(3) the Secretary of Transportation certifies to 
Congress that such research is necessary before the ap-
proval of a modal research plan. 
(d) DUPLICATIVE RESEARCH.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no funds may be expended by the Depart-
ment of Transportation on research projects that the 
Secretary identifies as duplicative under subsection 
(b)(3). 
(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to— 
(A) updates to previously commissioned re-
search; 
(B) research commissioned to carry out an 
Act of Congress; or 
(C) research commissioned before the date of 
enactment of this Act.
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† HR 22 EAS 
(e) CERTIFICATION.— 
(1) IN GENERAL.—The Secretary shall annually 
certify to Congress that— 
(A) each modal research plan has been re-
viewed; and 
(B) there is no duplication of study for re-
search directed, commissioned, or conducted by 
the Department of Transportation. 
(2) CORRECTIVE ACTION PLAN.—If the Secretary, 
after submitting a certification under paragraph (1), 
identifies duplication of research within the Depart-
ment of Transportation, the Secretary shall— 
(A) notify Congress of the duplicative re-
search; and 
(B) submit a corrective action plan to Con-
gress that will eliminate such duplicative re-
search. 
SEC. 31203. CONSOLIDATED RESEARCH PROSPECTUS AND 
STRATEGIC PLAN. 
(a) PROSPECTUS.— 
(1) IN GENERAL.—The Secretary shall annually 
publish, on a public website, a comprehensive pro-
spectus on all research projects conducted by the De-
partment of Transportation, including, to the extent
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practicable, research funded through University 
Transportation Centers. 
(2) CONTENTS.—The prospectus published under 
paragraph (1) shall— 
(A) include the consolidated modal research 
plans approved under section 1302; 
(B) describe the research objectives, progress, 
and allocated funds for each research project; 
(C) identify research projects with multi- 
modal applications; 
(D) specify how relevant modal administra-
tions have assisted, will contribute to, or plan to 
use the findings from the research projects identi-
fied under paragraph (1); 
(E) identify areas in which multiple modal 
administrations are conducting research projects 
on similar subjects or subjects which have bear-
ing on multiple modes; 
(F) describe the interagency and cross 
modal communication and coordination that has 
occurred to prevent duplication of research ef-
forts within the Department of Transportation; 
(G) indicate how research is being dissemi-
nated to improve the efficiency and safety of 
transportation systems;
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† HR 22 EAS 
(H) describe how agencies developed their 
research plans; and 
(I) describe the opportunities for public and 
stakeholder input. 
(b) FUNDING REPORT.—In conjunction with each of 
the President’s annual budget requests under section 1105 
of title 31, United States Code, the Secretary shall submit 
a report to appropriate committees of Congress that de-
scribes— 
(1) the amount spent in the last completed fiscal 
year on transportation research and development; and 
(2) the amount proposed in the current budget 
for transportation research and development. 
(c) PERFORMANCE PLANS
AND REPORTS.—In the 
plans and reports submitted under sections 1115 and 1116 
of title 31, United States Code, the Secretary shall in-
clude— 
(1) a summary of the Federal transportation re-
search and development activities for the previous fis-
cal year in each topic area; 
(2) the amount spent in each topic area; 
(3) a description of the extent to which the re-
search and development is meeting the expectations 
set forth in subsection (d)(3)(A); and
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† HR 22 EAS 
(4) any amendments to the strategic plan devel-
oped under subsection (d). 
(d) TRANSPORTATION RESEARCH AND DEVELOPMENT 
STRATEGIC PLAN.— 
(1) IN GENERAL.—The Secretary shall develop a 
5-year transportation research and development stra-
tegic plan to guide future Federal transportation re-
search and development activities. 
(2) CONSISTENCY.—The strategic plan developed 
under paragraph (1) shall be consistent with— 
(A) section 306 of title 5, United States 
Code; 
(B) sections 1115 and 1116 of title 31, 
United States Code; and 
(C) any other research and development 
plan within the Department of Transportation. 
(3) CONTENTS.—The strategic plan developed 
under paragraph (1) shall— 
(A) describe the primary purposes of the 
transportation research and development pro-
gram, which shall include— 
(i) promoting safety; 
(ii) reducing congestion; 
(iii) improving mobility;
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† HR 22 EAS 
(iv) preserving the existing transpor-
tation system; 
(v) improving the durability and ex-
tending the life of transportation infrastruc-
ture; and 
(vi) improving goods movement; 
(B) for each of the purposes referred to in 
subparagraph (A), list the primary research and 
development topics that the Department of 
Transportation intends to pursue to accomplish 
that purpose, which may include— 
(i) fundamental research in the phys-
ical and natural sciences; 
(ii) applied research; 
(iii) technology research; and 
(iv) social science research intended for 
each topic; and 
(C) for each research and development 
topic— 
(i) identify the anticipated annual 
funding levels for the period covered by the 
strategic plan; and 
(ii) include any additional informa-
tion the Department of Transportation ex-
pects to discover at the end of the period
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† HR 22 EAS 
covered by the strategic plan as a result of 
the research and development in that topic 
area. 
(4) CONSIDERATIONS.—The Secretary shall en-
sure that the strategic plan developed under this sec-
tion— 
(A) reflects input from a wide range of 
stakeholders; 
(B) includes and integrates the research and 
development programs of all the Department of 
Transportation’s modal administrations, includ-
ing aviation, transit, rail, and maritime; and 
(C) takes into account how research and de-
velopment by other Federal, State, private sector, 
and nonprofit institutions— 
(i) contributes to the achievement of 
the purposes identified under paragraph 
(3)(A); and 
(ii) avoids unnecessary duplication of 
such efforts. 
(e) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER 5 OF TITLE 23.—Chapter 5 of title 
23, United States Code, is amended— 
(A) by striking section 508;
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† HR 22 EAS 
(B) in the table of contents, by striking the 
item relating to section 508; 
(C) in section 502— 
(i) in subsection (a)(9), by striking 
‘‘transportation research and technology de-
velopment strategic plan developed under 
section 508’’ and inserting ‘‘transportation 
research and development strategic plan 
under section 31203 of the Comprehensive 
Transportation and Consumer Protection 
Act of 2015’’; and 
(ii) in subsection (b)(4), by striking 
‘‘transportation research and development 
strategic plan of the Secretary developed 
under section 508’’ and inserting ‘‘transpor-
tation research and development strategic 
plan under section 31203 of the Comprehen-
sive Transportation and Consumer Protec-
tion Act of 2015’’; and 
(D) in section 512(b), by striking ‘‘as part 
of the transportation research and development 
strategic plan developed under section 508’’. 
(2) INTELLIGENT TRANSPORTATION SYSTEMS.— 
Section 5205 of the Intelligent Transportation Sys-
tems Act of 1998 (23 U.S.C. 502 note) is amended—
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† HR 22 EAS 
(A) in subsection (b), by striking ‘‘as part 
of the Surface Transportation Research and De-
velopment Strategic Plan developed under sec-
tion 508 of title 23, United States Code’’ and in-
serting ‘‘as part of the transportation research 
and development strategic plan under section 
31203 of the Comprehensive Transportation and 
Consumer Protection Act of 2015’’; and 
(B) in subsection (e)(2)(A), by striking ‘‘or 
the Surface Transportation Research and Devel-
opment Strategic Plan developed under section 
508 of title 23, United States Code’’ and insert-
ing ‘‘or the transportation research and develop-
ment strategic plan under section 31203 of the 
Comprehensive Transportation and Consumer 
Protection Act of 2015’’. 
(3) INTELLIGENT TRANSPORTATION SYSTEM RE-
SEARCH.—Subtitle C of title V of the Safe, Account-
able, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (23 U.S.C. 512 note) is amended— 
(A) in section 5305(h)(3)(A), by striking 
‘‘the strategic plan under section 508 of title 23, 
United States Code’’ and inserting ‘‘the 5-year 
transportation research and development stra-
tegic plan under section 31203 of the Com-
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† HR 22 EAS 
prehensive Transportation and Consumer Protec-
tion Act of 2015’’; and 
(B) in section 5307(c)(2)(A), by striking 
‘‘or the surface transportation research and de-
velopment strategic plan developed under section 
508 of title 23, United States Code’’ and insert-
ing ‘‘or the 5-year transportation research and 
development strategic plan under section 31203 
of the Comprehensive Transportation and Con-
sumer Protection Act of 2015’’. 
SEC. 31204. RESEARCH OMBUDSMAN. 
(a) IN GENERAL.—Subtitle III is amended by insert-
ing after chapter 63 the following: 
‘‘CHAPTER 65—RESEARCH OMBUDSMAN 
‘‘Sec. 
‘‘6501. Research ombudsman. 
‘‘§ 6501. Research ombudsman 
‘‘(a) ESTABLISHMENT.—The Assistant Secretary for 
Research and Technology shall appoint a career Federal 
employee to serve as Research Ombudsman. This appoint-
ment shall not diminish the authority of peer review of re-
search. 
‘‘(b) QUALIFICATIONS.—The Research Ombudsman 
appointed under subsection (a), to the extent practicable—
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† HR 22 EAS 
‘‘(1) shall have a background in academic re-
search and a strong understanding of sound study de-
sign; 
‘‘(2) shall develop a working knowledge of the 
stakeholder communities and research needs of the 
transportation field; and 
‘‘(3) shall not have served as a political ap-
pointee of the Department. 
‘‘(c) RESPONSIBILITIES.— 
‘‘(1) ADDRESSING
COMPLAINTS
AND
QUES-
TIONS.—The Research Ombudsman shall— 
‘‘(A) receive complaints and questions 
about— 
‘‘(i) significant alleged omissions, im-
proprieties, and systemic problems; and 
‘‘(ii) excessive delays of, or within, a 
specific research project; and 
‘‘(B) evaluate and address the complaints 
and questions described in subparagraph (A). 
‘‘(2) PETITIONS.— 
‘‘(A) REVIEW.—The Research Ombudsman 
shall review petitions relating to— 
‘‘(i) conflicts of interest; 
‘‘(ii) the study design and method-
ology;
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† HR 22 EAS 
‘‘(iii) assumptions and potential bias; 
‘‘(iv) the length of the study; and 
‘‘(v) the composition of any data sam-
pled. 
‘‘(B) RESPONSE
TO
PETITIONS.—The Re-
search Ombudsman shall— 
‘‘(i) respond to relevant petitions with-
in a reasonable period; 
‘‘(ii) identify deficiencies in the peti-
tion’s study design; and 
‘‘(iii) propose a remedy for such defi-
ciencies to the administrator of the modal 
administration responsible for completing 
the research project. 
‘‘(C) RESPONSE TO PROPOSED REMEDY.— 
The administrator of the modal administration 
charged with completing the research project 
shall respond to the proposed research remedy. 
‘‘(3) REQUIRED REVIEWS.—The Research Om-
budsman shall evaluate the study plan for all statu-
torily required studies and reports before the com-
mencement of such studies to ensure that the research 
plan has an appropriate sample size and composition 
to address the stated purpose of the study. 
‘‘(d) REPORTS.—
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† HR 22 EAS 
‘‘(1) IN GENERAL.—Upon the completion of each 
review under subsection (c), the Research Ombudsman 
shall— 
‘‘(A) submit a report containing the results 
of such review to— 
‘‘(i) the Secretary; 
‘‘(ii) the head of the relevant modal ad-
ministration; and 
‘‘(iii) the study or research leader; and 
‘‘(B) publish such results on a public 
website, with the modal administration response 
required under subsection (c)(2)(C). 
‘‘(2) INDEPENDENCE.—Each report required 
under this section shall be provided directly to the in-
dividuals described in paragraph (1) without any 
comment or amendment from the Secretary, the Dep-
uty Secretary of Transportation, the head of any 
modal administration of the Department, or any 
other officer or employee of the Department or the Of-
fice of Management and Budget. 
‘‘(e) REPORT TO INSPECTOR GENERAL.—The Research 
Ombudsman shall submit any evidence of misfeasance, mal-
feasance, waste, fraud, or abuse uncovered during a review 
under this section to the Inspector General for further re-
view.
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† HR 22 EAS 
‘‘(f) REMOVAL.—The Research Ombudsman shall be 
subject to adverse employment action for misconduct or 
good cause in accordance with the procedures and grounds 
set forth in chapter 75 of title 5.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of chapters for subtitle III is amended by inserting 
after the item relating to chapter 63 the following: 
‘‘65. Research ombudsman ..............................................................................
6501’’. 
SEC. 31205. SMART CITIES TRANSPORTATION PLANNING 
STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a 
study of digital technologies and information technologies, 
including shared mobility, data, transportation network 
companies, and on-demand transportation services— 
(1) to understand the degree to which cities are 
adopting these technologies; 
(2) to assess future planning, infrastructure and 
investment needs; and 
(3) to provide best practices to plan for smart 
cities in which information and technology are 
used— 
(A) to improve city operations; 
(B) to grow the local economy; 
(C) to improve response in times of emer-
gencies and natural disasters; and 
(D) to improve the lives of city residents.
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† HR 22 EAS 
(b) COMPONENTS.—The study conducted under sub-
section (a) shall— 
(1) identify broad issues that influence the abil-
ity of the United States to plan for and invest in 
smart cities, including barriers to collaboration and 
access to scientific information; and 
(2) review how the expanded use of digital tech-
nologies, mobile devices, and information may— 
(A) enhance the efficiency and effectiveness 
of existing transportation networks; 
(B) optimize demand management services; 
(C) impact low-income and other disadvan-
taged communities; 
(D) assess opportunities to share, collect, 
and use data; 
(E) change current planning and invest-
ment strategies; and 
(F) provide opportunities for enhanced co-
ordination and planning. 
(c) REPORTING.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall publish 
the report containing the results of the study required under 
subsection (a) to a public website.
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† HR 22 EAS 
SEC. 31206. BUREAU OF TRANSPORTATION STATISTICS 
INDEPENDENCE. 
Section 6302 is amended by adding at the end the fol-
lowing: 
‘‘(d) INDEPENDENCE OF BUREAU.— 
‘‘(1) IN GENERAL.—The Director shall not be re-
quired— 
‘‘(A) to obtain the approval of any other of-
ficer or employee of the Department with respect 
to the collection or analysis of any information; 
or 
‘‘(B) prior to publication, to obtain the ap-
proval of any other officer or employee of the 
United States Government with respect to the 
substance of any statistical technical reports or 
press releases lawfully prepared by the Director. 
‘‘(2) BUDGET AUTHORITY.—The Director shall 
have a significant role in the disposition and alloca-
tion of the Bureau’s authorized budget, including— 
‘‘(A) all hiring, grants, cooperative agree-
ments, and contracts awarded by the Bureau to 
carry out this section; and 
‘‘(B) the disposition and allocation of 
amounts paid to the Bureau for cost-reimburs-
able projects.
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† HR 22 EAS 
‘‘(3) EXCEPTIONS.—The Secretary shall direct 
external support functions, such as the coordination 
of activities involving multiple modal administra-
tions. 
‘‘(4) INFORMATION TECHNOLOGY.—The Depart-
ment Chief Information Officer shall consult with the 
Director to ensure decisions related to information 
technology guarantee the protection of the confiden-
tiality of information provided solely for statistical 
purposes, in accordance with the Confidential Infor-
mation Protection and Statistical Efficiency Act of 
2002 (44 U.S.C. 3501 note).’’. 
SEC. 31207. CONFORMING AMENDMENTS. 
(a) TITLE 49 AMENDMENTS.— 
(1) ASSISTANT
SECRETARIES; GENERAL
COUN-
SEL.—Section 102(e) is amended— 
(A) in paragraph (1), by striking ‘‘5’’ and 
inserting ‘‘6’’; and 
(B) in paragraph (1)(A), by inserting ‘‘an 
Assistant Secretary for Research and Tech-
nology,’’ before ‘‘and an Assistant Secretary’’. 
(2) OFFICE OF THE ASSISTANT SECRETARY FOR 
RESEARCH AND TECHNOLOGY OF THE DEPARTMENT 
OF TRANSPORTATION.—Section 112 is repealed.
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† HR 22 EAS 
(3) TABLE OF CONTENTS.—The table of contents 
of chapter 1 is amended by striking the item relating 
to section 112. 
(4) RESEARCH
CONTRACTS.—Section 330 is 
amended— 
(A) in the section heading, by striking 
‘‘contracts’’ and inserting ‘‘activities’’; 
(B) in subsection (a), by inserting ‘‘IN GEN-
ERAL.—’’ before ‘‘The Secretary’’; 
(C) in subsection (b), by inserting ‘‘RE-
SPONSIBILITIES.—’’ before ‘‘In carrying out’’; 
(D) in subsection (c), by inserting ‘‘PUBLI-
CATIONS.—’’ before ‘‘The Secretary’’; and 
(E) by adding at the end the following: 
‘‘(d) DUTIES.—The Secretary shall provide for the fol-
lowing: 
‘‘(1) Coordination, facilitation, and review of the 
Department’s research and development programs 
and activities. 
‘‘(2) Advancement, and research and develop-
ment, of innovative technologies, including intelligent 
transportation systems. 
‘‘(3) Comprehensive transportation statistics re-
search, analysis, and reporting.
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† HR 22 EAS 
‘‘(4) Education and training in transportation 
and transportation-related fields. 
‘‘(5) Activities of the Volpe National Transpor-
tation Systems Center. 
‘‘(e) 
ADDITIONAL
AUTHORITIES.—The 
Secretary 
may— 
‘‘(1) enter into grants and cooperative agree-
ments with Federal agencies, State and local govern-
ment agencies, other public entities, private organiza-
tions, and other persons— 
‘‘(A) to conduct research into transportation 
service and infrastructure assurance; and 
‘‘(B) to carry out other research activities of 
the Department; 
‘‘(2) carry out, on a cost-shared basis, collabo-
rative research and development to encourage innova-
tive solutions to multimodal transportation problems 
and stimulate the deployment of new technology 
with— 
‘‘(A) non-Federal entities, including State 
and local governments, foreign governments, in-
stitutions of higher education, corporations, in-
stitutions, partnerships, sole proprietorships, and 
trade associations that are incorporated or estab-
lished under the laws of any State;
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† HR 22 EAS 
‘‘(B) Federal laboratories; and 
‘‘(C) other Federal agencies; and 
‘‘(3) directly initiate contracts, grants, coopera-
tive research and development agreements (as defined 
in section 12 of the Stevenson-Wydler Technology In-
novation Act of 1980 (15 U.S.C. 3710a)), and other 
agreements to fund, and accept funds from, the 
Transportation Research Board of the National Re-
search Council of the National Academy of Sciences, 
State departments of transportation, cities, counties, 
institutions of higher education, associations, and the 
agents of those entities to carry out joint transpor-
tation research and technology efforts. 
‘‘(f) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the 
Federal share of the cost of an activity carried out 
under subsection (e)(3) shall not exceed 50 percent. 
‘‘(2) EXCEPTION.—If the Secretary determines 
that the activity is of substantial public interest or 
benefit, the Secretary may approve a greater Federal 
share. 
‘‘(3) NON-FEDERAL
SHARE.—All costs directly 
incurred by the non-Federal partners, including per-
sonnel, travel, facility, and hardware development
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† HR 22 EAS 
costs, shall be credited toward the non-Federal share 
of the cost of an activity described in paragraph (1). 
‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 
fiscal years 2016 through 2021, the Secretary is authorized 
to expend not more than 1 and a half percent of the 
amounts authorized to be appropriated for necessary ex-
penses for administration and operations of the Office of 
the Assistant Secretary for Research and Technology for the 
coordination, evaluation, and oversight of the programs ad-
ministered under this section. 
‘‘(h) USE OF TECHNOLOGY.—The research, develop-
ment, or use of a technology under a contract, grant, cooper-
ative research and development agreement, or other agree-
ment entered into under this section, including the terms 
under which the technology may be licensed and the result-
ing royalties may be distributed, shall be subject to the Ste-
venson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3701 et seq.). 
‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.—Sec-
tion 6101 of title 41 shall not apply to a contract, grant, 
or other agreement entered into under this section.’’. 
(5) TABLE OF CONTENTS.—The item relating to 
section 330 in the table of contents of chapter 3 is 
amended by striking ‘‘Contracts’’ and inserting ‘‘Ac-
tivities’’.
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† HR 22 EAS 
(6) BUREAU OF TRANSPORTATION STATISTICS.— 
Section 6302(a) is amended to read as follows: 
‘‘(a) IN GENERAL.—There shall be within the Depart-
ment the Bureau of Transportation Statistics.’’. 
(b) TITLE 5 AMENDMENTS.— 
(1) POSITIONS AT LEVEL II.—Section 5313 of 
title 5, United States Code, is amended by striking 
‘‘Under Secretary of Transportation for Security.’’. 
(2) POSITIONS AT LEVEL III.—Section 5314 of 
title 5, United States Code, is amended by striking 
‘‘Administrator, Research and Innovative Technology 
Administration.’’. 
(3) POSITIONS AT LEVEL IV.—Section 5315 of 
title 5, United States Code, is amended by striking 
‘‘(4)’’ in the undesignated item relating to Assistant 
Secretaries of Transportation and inserting ‘‘(5)’’. 
(4) POSITIONS AT LEVEL V.—Section 5316 is 
amended by striking ‘‘Associate Deputy Secretary, 
Department of Transportation.’’. 
SEC. 31208. REPEAL OF OBSOLETE OFFICE. 
(a) IN GENERAL.—Section 5503 is repealed. 
(b) TABLE OF CONTENTS.—The table of contents of 
chapter 55 is amended by striking the item relating to sec-
tion 5503.
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† HR 22 EAS 
Subtitle C—Port Performance Act 
SEC. 31301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Port Performance 
Act’’. 
SEC. 31302. FINDINGS. 
Congress finds the following: 
(1) America’s ports play a critical role in the 
Nation’s transportation supply chain network. 
(2) Reliable and efficient movement of goods 
through the Nation’s ports ensures that American 
goods are available to customers throughout the world. 
(3) Breakdowns in the transportation supply 
chain network, particularly at the Nation’s ports, can 
result in tremendous economic losses for agriculture, 
businesses, and retailers that rely on timely ship-
ments. 
(4) A clear understanding of terminal and port 
productivity and throughput should help— 
(A) to identify freight bottlenecks; 
(B) to indicate performance and trends over 
time; and 
(C) to inform investment decisions.
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† HR 22 EAS 
SEC. 31303. PORT PERFORMANCE FREIGHT STATISTICS 
PROGRAM. 
(a) IN GENERAL.—Chapter 63 is amended by adding 
at the end the following: 
‘‘§ 6314. Port performance freight statistics program 
‘‘(a) IN GENERAL.—The Director shall establish, on be-
half of the Secretary, a port performance statistics program 
to provide nationally consistent measures of performance 
of, at a minimum— 
‘‘(1) the Nation’s top 25 ports by tonnage; 
‘‘(2) the Nation’s top 25 ports by 20-foot equiva-
lent unit; and 
‘‘(3) the Nation’s top 25 ports by dry bulk. 
‘‘(b) ANNUAL REPORTS.— 
‘‘(1) PORT
CAPACITY
AND
THROUGHPUT.—Not 
later than January 15 of each year, the Director shall 
submit an annual report to Congress that includes 
statistics on capacity and throughput at the ports de-
scribed in subsection (a). 
‘‘(2) PORT PERFORMANCE MEASURES.—The Di-
rector shall collect monthly port performance meas-
ures for each of the United States ports referred to in 
subsection (a) that receives Federal assistance or is 
subject to Federal regulation to submit an annual re-
port to the Bureau of Transportation Statistics that 
includes monthly statistics on capacity and through-
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† HR 22 EAS 
put as applicable to the specific configuration of the 
port. 
‘‘(A) MONTHLY
MEASURES.—The Director 
shall collect monthly measures, including— 
‘‘(i) the average number of lifts per 
hour of containers by crane; 
‘‘(ii) the average vessel turn time by 
vessel type; 
‘‘(iii) the average cargo or container 
dwell time; 
‘‘(iv) the average truck time at ports; 
‘‘(v) the average rail time at ports; and 
‘‘(vi) any additional metrics, as deter-
mined by the Director after receiving rec-
ommendations from the working group es-
tablished under subsection (c). 
‘‘(B) MODIFICATIONS.—The Director may 
consider a modification to a metric under sub-
paragraph (A) if the modification meets the in-
tent of the section. 
‘‘(c) RECOMMENDATIONS.— 
‘‘(1) IN
GENERAL.—The Director shall obtain 
recommendations for—
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† HR 22 EAS 
‘‘(A) specifications and data measurements 
for the port performance measures listed in sub-
section (b)(2); 
‘‘(B) additionally needed data elements for 
measuring port performance; and 
‘‘(C) a process for the Department of Trans-
portation to collect timely and consistent data, 
including identifying safeguards to protect pro-
prietary information described in subsection 
(b)(2). 
‘‘(2) WORKING GROUP.—Not later than 60 days 
after the date of the enactment of the Port Perform-
ance Act, the Director shall commission a working 
group composed of— 
‘‘(A) operating administrations of the De-
partment of Transportation; 
‘‘(B) the Coast Guard; 
‘‘(C) the Federal Maritime Commission; 
‘‘(D) U.S. Customs and Border Protection; 
‘‘(E) the Marine Transportation System 
National Advisory Council; 
‘‘(F) the Army Corps of Engineers; 
‘‘(G) the Saint Lawrence Seaway Develop-
ment Corporation;
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† HR 22 EAS 
‘‘(H) the Advisory Committee on Supply 
Chain Competitiveness; 
‘‘(I) 1 representative from the rail industry; 
‘‘(J) 1 representative from the trucking in-
dustry; 
‘‘(K) 1 representative from the maritime 
shipping industry; 
‘‘(L) 1 representative from a labor organi-
zation for each industry described in subpara-
graphs (I) through (K); 
‘‘(M) 1 representative from a port author-
ity; 
‘‘(N) 1 representative from a terminal oper-
ator; 
‘‘(O) representatives of the National Freight 
Advisory Committee of the Department; and 
‘‘(P) representatives of the Transportation 
Research Board of the National Academies. 
‘‘(3) RECOMMENDATIONS.—Not later than 1 year 
after the date of the enactment of the Port Perform-
ance Act, the working group commissioned under this 
subsection shall submit its recommendations to the 
Director. 
‘‘(d) ACCESS TO DATA.—The Director shall ensure that 
the statistics compiled under this section are readily acces-
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† HR 22 EAS 
sible to the public, consistent with applicable security con-
straints and confidentiality interests.’’. 
(b) PROHIBITION ON CERTAIN DISCLOSURES.—Sec-
tion 6307(b)(1) is amended by inserting ‘‘or section 
6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place it ap-
pears. 
(c) COPIES OF REPORTS.—Section 6307(b)(2)(A) is 
amended by inserting ‘‘or section 6314(b)’’ after ‘‘section 
6302(b)(3)(B)’’. 
(d) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents for chapter 63 is amended by adding at 
the end the following: 
‘‘6314. Port performance freight statistics program.’’. 
TITLE 
XXXII—COMMERCIAL 
MOTOR VEHICLE AND DRIVER 
PROGRAMS 
Subtitle A—Compliance, Safety, 
and Accountability Reform 
SEC. 32001. CORRELATION STUDY. 
(a) IN GENERAL.—The Administrator of the Federal 
Motor Carrier Safety Administration (referred to in this 
subtitle as the ‘‘Administrator’’) shall commission the Na-
tional Research Council of the National Academies to con-
duct a study of— 
(1) the Safety Measurement System (referred to 
in this subtitle as ‘‘SMS’’); and
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† HR 22 EAS 
(2) the Compliance, Safety, Accountability pro-
gram (referred to in this subtitle as the ‘‘CSA pro-
gram’’). 
(b) SCOPE OF STUDY.—In carrying out the study com-
missioned pursuant to subsection (a), the National Research 
Council— 
(1) shall analyze— 
(A) the accuracy with which the Behavior 
Analysis and Safety Improvement Categories 
(referred to in this subtitle as ‘‘BASIC’’) safety 
measures used by SMS— 
(i) identify high risk drivers and car-
riers; and 
(ii) predict or be correlated with future 
crash risk, crash severity, or other safety in-
dicators for individual drivers, motor car-
riers, and the highest risk carriers; 
(B) the methodology used to calculate 
BASIC percentiles and identify carriers for en-
forcement, including the weights assigned to par-
ticular violations, and the tie between crash risk 
and specific regulatory violations, in order to ac-
curately identify and predict future crash risk 
for motor carriers;
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† HR 22 EAS 
(C) the relative value of inspection informa-
tion and roadside enforcement data; 
(D) any data collection gaps or data suffi-
ciency problems that may exist and the impact 
of those data gaps and insufficiencies on the effi-
cacy of the CSA program; and 
(E) the accuracy of data processing; and 
(2) should consider— 
(A) whether the current SMS provides com-
parable precision and confidence for SMS alerts 
and percentiles for the relative crash risk of indi-
vidual large and small motor carriers; 
(B) whether alternative systems would iden-
tify high risk carriers or identify high risk driv-
ers and motor carriers more accurately; and 
(C) the recommendations and findings of 
the Comptroller General of the United States and 
the Inspector General, and independent review 
team reports issued before the date of the enact-
ment of this Act. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall submit 
a report containing the results of the completed study to— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate;
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† HR 22 EAS 
(2) the Committee on Transportation and Infra-
structure of the House of Representatives; 
(3) the Inspector General of the Department of 
Transportation; and 
(4) the Comptroller General of the United States. 
(d) CORRECTIVE ACTION PLAN.— 
(1) IN GENERAL.—Not later than 120 days after 
the Administrator submits a report under subsection 
(c) that identifies a deficiency or opportunity for im-
provement in the CSA program or in any element of 
SMS, the Administrator shall submit a corrective ac-
tion plan to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives that— 
(A) responds to the concerns highlighted by 
the report; 
(B) identifies how the Federal Motor Car-
rier Safety Administration will address such 
concerns; and 
(C) provides an estimate of the cost, includ-
ing changes in staffing, enforcement, and data 
collection necessary to implement the rec-
ommendations.
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† HR 22 EAS 
(2) PROGRAM REFORMS.—The corrective action 
plan submitted under paragraph (1) shall include an 
implementation plan that— 
(A) includes benchmarks; 
(B) includes programmatic reforms, revi-
sions to regulations, or proposals for legislation; 
and 
(C) shall be considered in any rulemaking 
by the Department of Transportation that relates 
to the CSA program, including the SMS data 
sets or analysis. 
(e) INSPECTOR GENERAL REVIEW.—Not later than 
120 days after the Administrator issues a corrective action 
plan under subsection (d), the Inspector General of the De-
partment of Transportation shall— 
(1) review the extent to which such plan imple-
ments— 
(A) recommendations contained in the re-
port submitted under subsection (c); and 
(B) recommendations issued by the Comp-
troller General or the Inspector General before 
the date of enactment of this Act; and 
(2) submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure
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† HR 22 EAS 
of the House of Representatives on the responsiveness 
of the corrective action plan to the recommendations 
described in paragraph (1). 
(f) FISCAL LIMITATION.—The Administrator shall 
carry out the study required under this section using 
amounts appropriated to the Federal Motor Carrier Safety 
Administration and available for obligation and expendi-
ture as of the date of the enactment of this Act. 
SEC. 32002. SAFETY IMPROVEMENT METRICS. 
(a) IN GENERAL.—The Administrator shall incor-
porate a methodology into the CSA program or establish 
a third-party process to allow recognition, including credit, 
improved score, or by establishing a safety BASIC in SMS 
for safety technology, tools, programs, and systems approved 
by the Administrator through the qualification process de-
veloped under subsection (b) that exceed regulatory require-
ments or are used to enhance safety performance, includ-
ing— 
(1) the installation of qualifying advanced safety 
equipment, such as— 
(A) collision mitigation systems; 
(B) lane departure warnings; 
(C) speed limiters; 
(D) electronic logging devices; 
(E) electronic stability control;
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† HR 22 EAS 
(F) critical event recorders; and 
(G) 
strengthening 
rear 
guards 
and 
sideguards for underride protection; 
(2) the use of enhanced driver fitness measures 
that exceed current regulatory requirements, such 
as— 
(A) additional new driver training; 
(B) enhanced and ongoing driver training; 
and 
(C) remedial driver training to address spe-
cific deficiencies as identified in roadside inspec-
tion or enforcement reports; 
(3) the adoption of qualifying administrative 
fleet safety management tools technologies, driver per-
formance and behavior management technologies, and 
programs; and 
(4) technologies and measures identified through 
the process described in subsection (c). 
(b) QUALIFICATION.—The Administrator, through a 
notice and comment process, shall develop technical or other 
performance standards for technology, advanced safety 
equipment, enhanced driver fitness measures, tools, pro-
grams, or systems used by motor carriers that will qualify 
for credit under this section.
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† HR 22 EAS 
(c) ADDITIONAL REQUIREMENTS.—In modifying the 
CSA program under subsection (a), the Administrator, 
through notice and comment, shall develop a process for 
identifying and reviewing other technology, advanced safety 
equipment, enhanced driver fitness measures, tools, pro-
grams, or systems used by motor carriers to improve safety 
performance that— 
(1) provides for a petition for reviewing tech-
nology, advanced safety equipment, enhanced driver 
fitness measures, tools, programs, or systems; 
(2) seeks input and participation from industry 
stakeholders, including drivers, technology manufac-
turers, vehicle manufacturers, motor carriers, enforce-
ment communities, and safety advocates, and the 
Motor Carrier Safety Advisory Committee; and 
(3) includes technology, advanced safety equip-
ment, enhanced driver fitness measures, tools, pro-
grams, or systems with a date certain for future stat-
utory or regulatory implementation. 
(d) SAFETY
IMPROVEMENT
METRICS
USE
AND 
VERIFICATION.—The Administrator, through notice and 
comment process, shall develop a process for— 
(1) providing recognition or credit within a 
motor carrier’s SMS score for the installation and use
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† HR 22 EAS 
of measures in paragraphs (1) through (4) of sub-
section (a); 
(2) ensuring that the safety improvement metrics 
developed under this section are presented with other 
SMS data; 
(3) verifying the installation or use of such tech-
nology, advanced safety equipment, enhanced driver 
fitness measures, tools, programs, or systems; 
(4) modifying or removing recognition or credit 
upon verification of noncompliance with this section; 
(5) ensuring that the credits or recognition re-
ferred to in paragraph (1) reflect the safety improve-
ment anticipated as a result of the installation or use 
of the specific technology, advanced safety equipment, 
enhanced driver fitness measure, tool, program, or 
system; 
(6) verifying the deployment and use of quali-
fying equipment or management systems by a motor 
carrier through a certification from the vehicle manu-
facturer, the system or service provider, the insurance 
carrier, or through documents submitted by the motor 
carrier to the Department of Transportation; 
(7) annually reviewing the list of qualifying 
safety technology, advanced safety equipment, en-
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† HR 22 EAS 
hanced driver fitness measures, tools, programs, or 
systems; and 
(8) removing systems mandated by law or regu-
lation, or if such systems demonstrate a lack of effi-
cacy, from the list of qualifying technologies, ad-
vanced safety equipment, enhanced driver fitness 
measures, tools, programs, or systems eligible for cred-
it under the CSA program. 
(e) DISSEMINATION OF INFORMATION.—The Adminis-
trator shall maintain a public website that contains infor-
mation regarding— 
(1) the technology, advanced safety equipment, 
enhanced driver fitness measures, tools, programs, or 
systems eligible for credit and improved scores; 
(2) any petitions for study of the technology, ad-
vanced safety equipment, enhanced driver fitness 
measures, tools, programs, or systems; and 
(3) statistics and information relating to the use 
of such technology, advanced safety equipment, en-
hanced driver fitness measures, tools, programs, or 
systems. 
(f) PUBLIC REPORT.—Not later than 1 year after the 
establishment of the Safety Improvement Metrics System 
(referred to in this section as ‘‘SIMS’’) under this section,
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† HR 22 EAS 
and annually thereafter, the Administrator shall publish, 
on a public website, a report that identifies— 
(1) the types of technology, advanced safety 
equipment, enhanced driver fitness measures, tools, 
programs, or systems that are eligible for credit; 
(2) the number of instances in which each tech-
nology, advanced safety equipment, enhanced driver 
fitness measure, tool, program, or system is used; 
(3) the number of motor carriers, and a descrip-
tion of the carrier’s fleet size, that received recognition 
or credit under the modified CSA program; and 
(4) the pre- and post-adoption safety perform-
ance of the motor carriers described in paragraph (3). 
(g) IMPLEMENTATION
AND OVERSIGHT RESPONSI-
BILITY.—The Administrator shall ensure that the activities 
described in subsections (a) through (f) of this section are 
not required under section 31102 of title 49, United States 
Code, as amended by this Act. 
(h) EVALUATION.— 
(1) IN GENERAL.—Not later than 2 years after 
the implementation of SIMS under this section, the 
Administrator shall conduct an evaluation of the ef-
fectiveness of SIMS by reviewing the impacts of SIMS 
on—
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† HR 22 EAS 
(A) law enforcement, commercial drivers 
and motor carriers, and motor carrier safety; 
and 
(B) safety and adoption of new technologies. 
(2) REPORT.—Not later than 30 months after the 
implementation of the program, the Administrator 
shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives that describes— 
(A) the results of the evaluation conducted 
under paragraph (1); and 
(B) the actions the Federal Motor Carrier 
Safety Administration plans to take to modify 
the demonstration program based on such re-
sults. 
(i) USE OF ESTIMATES OF SAFETY EFFECTS.—In con-
ducting regulatory impact analyses for rulemakings relat-
ing to the technology, advanced safety equipment, enhanced 
driver fitness measures, tools, programs, or systems selected 
for credit under the CSA program, the Administrator, to 
the extent practicable, shall use the data gathered under this 
section and appropriate statistical methodology, including 
sufficient sample sizes, composition, and appropriate com-
parison groups, including representative motor carriers of
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† HR 22 EAS 
all sizes, to estimate the effects on safety performance and 
reduction in the number and severity of accidents with 
qualifying technology, advanced safety equipment, tools, 
programs, and systems. 
(j) SAVINGS PROVISION.—Nothing in this section may 
be construed to provide the Administrator with additional 
authority to change the requirements for the operation of 
a commercial motor vehicle. 
SEC. 32003. DATA CERTIFICATION. 
(a) LIMITATION.—Beginning not later than 1 day 
after the date of enactment of this Act, none of the analysis 
of violation information, enforcement prioritization, not-at- 
fault crashes, alerts, or the relative percentile for each Be-
havioral Analysis and Safety Improvement Category devel-
oped through the CSA program may be made available to 
the general public, but violation and inspection information 
submitted by the States may be presented, until the Inspec-
tor General of the Department of Transportation certifies 
that— 
(1) any deficiencies identified in the correlation 
study required under section 32001 have been ad-
dressed; 
(2) the corrective action plan has been imple-
mented and the concerns raised by the correlation 
study under section 32001 have been addressed;
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† HR 22 EAS 
(3) the Administrator has fully implemented or 
satisfactorily addressed the issues raised in the Feb-
ruary 2014 GAO report entitled ‘‘Modifying the Com-
pliance, Safety, Accountability Program Would Im-
prove the Ability to Identify High Risk Carriers’’ 
(GAO–14–114), which called into question the accu-
racy and completeness of safety performance calcula-
tions; 
(4) the study required under section 32001 has 
been published on a public website; and 
(5) the CSA program has been modified in ac-
cordance with section 32002. 
(b) LIMITATION ON USE OF CSA ANALYSIS.—The en-
forcement prioritization, alerts, or the relative percentile for 
each Behavioral Analysis and Safety Improvement Cat-
egory developed through the CSA program within the SMS 
system may not be used for safety fitness determinations 
until the requirements under subsection (a) have been satis-
fied. 
(c) CONTINUED PUBLIC AVAILABILITY OF DATA.—In-
spection and violation information submitted to the Federal 
Motor Carrier Safety Administration by commercial motor 
vehicle inspectors and qualified law enforcement officials 
shall remain available for public viewing. 
(d) EXCEPTIONS.—
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† HR 22 EAS 
(1) IN GENERAL.—Notwithstanding the limita-
tions set forth in subsections (a) and (b)— 
(A) the Federal Motor Carrier Safety Ad-
ministration and State and local commercial 
motor vehicle enforcement agencies may only use 
the information referred to in subsection (a) for 
purposes 
of 
investigation 
and 
enforcement 
prioritization; 
(B) motor carriers and commercial motor 
vehicle drivers may access information referred 
to in subsection (a) that relates directly to the 
motor carrier or driver, respectively; and 
(C) the data analysis of motorcoach opera-
tors may be provided online, with a notation in-
dicating that the ratings or alerts listed are not 
intended to imply any Federal safety rating of 
the carrier. 
(2) NOTATION.—The notation described under 
paragraph (1)(C) shall include: ‘‘Readers should not 
draw conclusions about a carrier’s overall safety con-
dition simply based on the data displayed in this sys-
tem. Unless a motor carrier has received an UNSAT-
ISFACTORY safety rating under part 385 of title 49, 
Code of Federal Regulations, or has otherwise been or-
dered to discontinue operations by the Federal Motor
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† HR 22 EAS 
Carrier Safety Administration, it is authorized to op-
erate on the Nation’s roadways.’’. 
(3) LIMITATION.—Nothing in subparagraphs (A) 
and (B) of paragraph (1) may be construed to restrict 
the official use by State enforcement agencies of the 
data collected by State enforcement personnel. 
(e) CERTIFICATION.—The certification process de-
scribed in subsection (a) shall occur concurrently with the 
implementation of SIMS under section 32002. 
(f) COMPLETION.—The Secretary shall modify the CSA 
program in accordance with section 32002 not later than 
1 year after the date of completion of the report described 
in section 32001(c). 
SEC. 32004. DATA IMPROVEMENT. 
(a) FUNCTIONAL SPECIFICATIONS.—Not later than 
180 days after the date of enactment of this Act, the Admin-
istrator shall develop functional specifications to ensure the 
consistent and accurate input of data into systems and 
databases relating to the CSA program. 
(b) FUNCTIONALITY.—The specifications developed 
pursuant to subsection (a)— 
(1) shall provide for the hardcoding and smart 
logic functionality for roadside inspection data collec-
tion systems and databases; and
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† HR 22 EAS 
(2) shall be made available to public and private 
sector developers. 
(c) EFFECTIVE DATA MANAGEMENT.—The Adminis-
trator shall ensure that internal systems and databases ac-
cept and effectively manage data using uniform standards. 
(d) CONSULTATION WITH THE STATES.—Before im-
plementing the functional specifications described in sub-
section (a) or the standards described in subsection (c), the 
Administrator shall seek input from the State agencies re-
sponsible for enforcing section 31102 of title 49, United 
States Code. 
SEC. 32005. ACCIDENT REPORT INFORMATION. 
(a) REVIEW.—The Administrator shall initiate a dem-
onstration program that allows motor carriers and drivers 
to request a review of crashes, and the removal of crash data 
for use in the Federal Motor Carrier Safety Administra-
tion’s safety measurement system of crashes, and removal 
from any weighting, or carrier safety analysis, if the com-
mercial motor vehicle was operated legally and another mo-
torist in connection with the crash is found— 
(1) to have been driving under the influence; 
(2) to have been driving the wrong direction on 
a roadway; 
(3) to have struck the commercial motor vehicle 
in the rear;
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† HR 22 EAS 
(4) to have struck the commercial motor vehicle 
which was legally stopped; 
(5) by the investigating officer or agency to have 
been responsible for the crash; or 
(6) to have committed other violations deter-
mined by the Administrator. 
(b) DOCUMENTS.—As part of a request for review 
under subsection (a), the motor carrier or driver shall sub-
mit a copy of available police reports, crash investigations, 
judicial actions, insurance claim information, and any re-
lated court actions submitted by each party involved in the 
accident. 
(c) SOLICITATION
OF OTHER INFORMATION.—Fol-
lowing a notice and comment period, the Administrator 
may solicit other types of information to be collected under 
subsection (b) to facilitate appropriate reviews under this 
section. 
(d) EVALUATION.—The Federal Motor Carrier Safety 
Administration shall review the information submitted 
under subsections (b) and (c). 
(e) RESULTS.—Subject to subsection (h)(2), the results 
of the review under subsection (a)— 
(1) shall be used to recalculate the motor car-
rier’s crash BASIC percentile;
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† HR 22 EAS 
(2) if the carrier is determined not to be respon-
sible for the crash incident, such information, shall be 
reflected on the website of the Federal Motor Carrier 
Safety Administration; and 
(3) shall not be admitted as evidence or otherwise 
used in a civil action. 
(f) FEE SYSTEM.— 
(1) ESTABLISHMENT.—The Administrator may 
establish a fee system, in accordance with section 
9701 of title 31, United States Code, in which a 
motor carrier is charged a fee for each review of a 
crash requested by such motor carrier under this sec-
tion. 
(2) DISPOSITION OF FEES.—Fees collected under 
this section— 
(A) may be credited to the Department of 
Transportation appropriations account for pur-
pose of carrying out this section; and 
(B) shall be used to fully fund the operation 
of the review program authorized under this sec-
tion. 
(g) REVIEW AND REPORT.—Not earlier than 2 years 
after the establishment of the demonstration program under 
this section, the Administrator shall—
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† HR 22 EAS 
(1) conduct a review of the internal crash review 
program to determine if other crash types should be 
included; and 
(2) submit a report to Congress that describes— 
(A) the number of crashes reviewed; 
(B) the number of crashes for which the 
commercial motor vehicle operator was deter-
mined not to be at fault; and 
(C) relevant information relating to the 
program, including the cost to operate the pro-
gram and the fee structure established. 
(h) IMPLEMENTATION
AND OVERSIGHT RESPONSI-
BILITY.— 
(1) IN GENERAL.—The Administrator shall en-
sure that the activities described in subsections (a) 
through (d) of this section are not required under sec-
tion 31102 of title 49, United States Code, as amend-
ed by this Act. 
(2) REVIEWS INVOLVING FATALITIES.—If a re-
view under subsection (a) involves a fatality, the In-
spector General of the Department of Transportation 
shall audit and certify the review prior to making 
any changes under subsection (e).
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† HR 22 EAS 
SEC. 32006. POST-ACCIDENT REPORT REVIEW. 
(a) IN GENERAL.—Not later than 120 days after the 
date of enactment of this Act, the Secretary shall convene 
a working group— 
(1) to review the data elements of post-accident 
reports, for tow-away accidents involving commercial 
motor vehicles, that are reported to the Federal Gov-
ernment; and 
(2) to report to the Secretary its findings and 
any recommendations, including best practices for 
State post-accident reports to achieve the data ele-
ments described in subsection (c). 
(b) COMPOSITION.—Not less than 51 percent of the 
working group should be composed of individuals rep-
resenting the States or State law enforcement officials. The 
remaining members of the working group shall represent 
industry, labor, safety advocates, and other interested par-
ties. 
(c) CONSIDERATIONS.—The working group shall con-
sider requiring additional data elements, including— 
(1) the primary cause of the accident, if the pri-
mary cause can be determined; 
(2) the physical characteristics of the commercial 
motor vehicle and any other vehicle involved in the 
accident, including— 
(A) the vehicle configuration;
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† HR 22 EAS 
(B) the gross vehicle weight if the weight 
can be readily determined; 
(C) the number of axles; and 
(D) the distance between axles, if the dis-
tance can be readily determined; and 
(3) any data elements that could contribute to 
the appropriate consideration of requests under sec-
tion 32005. 
(d) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall— 
(1) review the findings of the working group; 
(2) identify the best practices for State post-acci-
dent reports that are reported to the Federal Govern-
ment, including identifying the data elements that 
should be collected following a tow-away commercial 
motor vehicle accident; and 
(3) recommend to the States the adoption of new 
data elements to be collected following reportable com-
mercial motor vehicle accidents. 
SEC. 32007. RECOGNIZING EXCELLENCE IN SAFETY. 
(a) IN GENERAL.—The Administrator shall establish 
a program to publicly recognize motor carriers and drivers 
whose safety records and programs exceed compliance with 
the Federal Motor Carrier Safety Administration’s safety
426 
† HR 22 EAS 
regulations and demonstrate clear and outstanding safety 
practices. 
(b) RESTRICTION.—The program established under 
subsection (a) may not be deemed to be an endorsement of, 
or a preference for, motor carriers or drivers recognized 
under the program. 
SEC. 32008. HIGH RISK CARRIER REVIEWS. 
(a) IN GENERAL.—After the completion of the certifi-
cation under section 32003 of this Act, and the establish-
ment of the Safety Fitness Determination program, the Sec-
retary shall ensure that a review is completed on each motor 
carrier that demonstrates through performance data that it 
poses the highest safety risk. At a minimum, a review shall 
be conducted whenever a motor carrier is among the highest 
risk carriers for 4 consecutive months. 
(b) REPORT.—Not later than 180 days after the com-
pletion of the certification under section 32003 of this Act 
and the establishment of the Safety Fitness Determination 
program, the Secretary shall post on a public website a re-
port on the actions the Secretary has taken to comply with 
this section, including the number of high risk carriers 
identified and the high risk carriers reviewed. 
(c) CONFORMING AMENDMENT.—Section 4138 of the 
Safe, Accountable, Flexible, Efficient Transportation Eq-
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† HR 22 EAS 
uity Act: A Legacy for Users (49 U.S.C. 31144 note) is re-
pealed. 
Subtitle B—Transparency and 
Accountability 
SEC. 32201. PETITIONS FOR REGULATORY RELIEF. 
(a) APPLICATIONS FOR REGULATORY RELIEF.—Not-
withstanding subpart C of part 381 of title 49, Code of Fed-
eral Regulations, the Secretary shall allow an applicant 
representing a class or group of motor carriers to apply 
for a specific exemption from any provision of the regula-
tions under part 395 of title 49, Code of Federal Regula-
tions, for commercial motor vehicle drivers. 
(b) REVIEW PROCESS.— 
(1) IN GENERAL.—The Secretary shall establish 
the procedures for the application for and the review 
of an exemption under subsection (a). 
(2) PUBLICATION.—Not later than 30 days after 
the date of receipt of an application for an exemption, 
the Secretary shall publish the application in the 
Federal Register and provide the public with an op-
portunity to comment. 
(3) PUBLIC COMMENT.— 
(A) IN GENERAL.—Each application shall 
be available for public comment for a 30-day pe-
riod, but the Secretary may extend the oppor-
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† HR 22 EAS 
tunity for public comment for up to 60 days if 
it is a significant or complex request. 
(B) REVIEW.—Beginning on the date that 
the public comment period under subparagraph 
(A) ends, the Secretary shall have 60 days to re-
view all of the comments received. 
(4) DETERMINATION.—At the end of the 60-day 
period under paragraph (3)(B), the Secretary shall 
publish a determination in the Federal Register, in-
cluding— 
(A) the reason for granting or denying the 
application; and 
(B) if the application is granted— 
(i) the specific class of persons eligible 
for the exemption; 
(ii) each provision of the regulations to 
which the exemption applies; and 
(iii) any conditions or limitations ap-
plied to the exemption. 
(5) CONSIDERATIONS.—In making a determina-
tion whether to grant or deny an application for an 
exemption, the Secretary shall consider the safety im-
pacts of the request and may provide appropriate 
conditions or limitations on the use of the exemption.
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† HR 22 EAS 
(c) OPPORTUNITY FOR RESUBMISSION.—If an appli-
cation is denied and the applicant can reasonably address 
the reason for the denial, the Secretary may allow the appli-
cant to resubmit the application. 
(d) PERIOD OF APPLICABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) of this subsection and subsection (f), each 
exemption granted under this section shall be valid 
for a period of 5 years unless the Secretary identifies 
a compelling reason for a shorter exemption period. 
(2) RENEWAL.—At the end of the 5-year period 
under paragraph (1)— 
(A) the Secretary, at the Secretary’s discre-
tion, may renew the exemption for an additional 
5-year period; or 
(B) an applicant may apply under sub-
section (a) for a permanent exemption from each 
applicable provision of the regulations. 
(e) LIMITATION.—No exemption under this section 
may be granted to or used by any motor carrier that has 
an unsatisfactory or conditional safety fitness determina-
tion. 
(f) PERMANENT EXEMPTIONS.— 
(1) IN GENERAL.—The Secretary shall make per-
manent the following limited exceptions:
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† HR 22 EAS 
(A) Department of Defense Military Surface 
Deployment and Distribution Command trans-
port of weapons, munitions, and sensitive classi-
fied cargo as published in the Federal Register 
Volume 80 on April 16, 2015 (80 Fed. Reg. 
20556). 
(B) Department of Energy transport of se-
curity-sensitive radioactive materials as pub-
lished in the Federal Register Volume 80 on 
June 22, 2015 (80 Fed. Reg. 35703). 
(C) Motor carriers that transport hazardous 
materials shipments requiring security plans 
under regulations of the Pipeline and Hazardous 
Materials Safety Administration as published in 
the Federal Register Volume 80 on May 1, 2015 
(80 Fed. Reg. 25004). 
(D) Perishable construction products as 
published in the Federal Register Volume 80 on 
April 2, 2015 (80 Fed. Reg. 17819). 
(E) Passenger vehicle record of duty status 
change as published in the Federal Register Vol-
ume 80 on June 4, 2015 (80 Fed. Reg. 31961). 
(F) Transport of commercial bee hives as 
published in the Federal Register Volume 80 on 
June 19, 2018. (80 Fed. Reg. 35425).
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† HR 22 EAS 
(G) Specialized carriers and drivers respon-
sible for transporting loads requiring special per-
mits as published in the Federal Register Volume 
80 on June 18, 2015 (80 Fed. Reg. 34957). 
(H) Safe transport of livestock as published 
in the Federal Register Volume 80 on June 12, 
2015 (80 Fed. Reg. 33584). 
(2) ADDITIONAL
EXEMPTIONS.—The Secretary 
may make any temporary exemption from any provi-
sion of the regulations under part 395 of title 49, 
Code of Federal Regulations, for commercial motor 
vehicle drivers that is in effect on the date of enact-
ment of this Act permanent if the Secretary deter-
mines that the permanent exemption will not degrade 
safety. The Secretary shall provide public notice and 
comment on a list of the additional temporary exemp-
tions to be made permanent under this paragraph. 
(3) REVOCATION
OF
EXEMPTIONS.—The Sec-
retary may revoke an exemption issued under this 
section if the Secretary can demonstrate that the ex-
emption has had a negative impact on safety. 
SEC. 32202. INSPECTOR STANDARDS. 
Not later than 90 days after the date of enactment of 
this Act, the Administrator of the Federal Motor Carrier 
Safety Administration shall revise the regulations under
432 
† HR 22 EAS 
part 385 of title 49, Code of Federal Regulations, as nec-
essary, to incorporate by reference the certification stand-
ards for roadside inspectors issued by the Commercial Vehi-
cle Safety Alliance. 
SEC. 32203. TECHNOLOGY IMPROVEMENTS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Government Accountability Of-
fice shall conduct a comprehensive analysis on the Federal 
Motor Carrier Safety Administration’s information tech-
nology and data collection and management systems. 
(b) REQUIREMENTS.—The study conducted under sub-
section (a) shall— 
(1) evaluate the efficacy of the existing informa-
tion technology, data collection, processing systems, 
and data management systems and programs, includ-
ing their interaction with each other and their effi-
cacy in meeting user needs; 
(2) identify any redundancies among the systems 
and programs described in paragraph (1); 
(3) explore the feasibility of consolidating data 
collection and processing systems; 
(4) evaluate the ability of the systems and pro-
grams described in paragraph (1) to meet the needs 
of—
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† HR 22 EAS 
(A) the Federal Motor Carrier Safety Ad-
ministration, at both the headquarters and State 
level; 
(B) the State agencies that implement the 
Motor Carrier Safety Assistance Program under 
section 31102 of title 49, United States Code; 
and 
(C) other users; 
(5) evaluate the adaptability of the systems and 
programs described in paragraph (1), in order to 
make necessary future changes to ensure user needs 
are met in an easier, timely, and more cost efficient 
manner; 
(6) investigate and make recommendations re-
garding— 
(A) deficiencies in existing data sets im-
pacting program effectiveness; and 
(B) methods to improve any and all user 
interfaces; and 
(7) evaluate the appropriate role the Federal 
Motor Carrier Safety Administration should take 
with respect to software and information systems de-
sign, development, and maintenance for the purpose 
of improving the efficacy of the systems and programs 
described in paragraph (1).
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† HR 22 EAS 
Subtitle 
C—Trucking 
Rules 
Up-
dated by Comprehensive and Key 
Safety Reform 
SEC. 32301. UPDATE ON STATUTORY REQUIREMENTS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, and every 90 days thereafter 
until a final rule has been issued for each of the require-
ments described under paragraphs (1) through (5), the Ad-
ministrator of the Federal Motor Carrier Safety Adminis-
tration shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report on the status of a final rule 
for— 
(1) the minimum entry-level training require-
ments for an individual operating a commercial 
motor vehicle under section 31305(c) of title 49, 
United States Code; 
(2) motor carrier safety fitness determinations; 
(3) visibility of agricultural equipment under 
section 31601 of division C of the Moving Ahead for 
Progress in the 21st Century Act (49 U.S.C. 30111 
note); 
(4) regulations to require commercial motor ve-
hicles in interstate commerce and operated by a driv-
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er subject to the hours of service and record of duty 
status requirements under part 395 of title 49, Code 
of Federal Regulations, be equipped with an electronic 
control module capable of limiting the maximum 
speed of the vehicle; and 
(5) any outstanding commercial motor vehicle 
safety regulation required by law and incomplete for 
more than 2 years. 
(b) CONTENTS.—Each report under subsection (a) 
shall include a description of the work plan, an updated 
rulemaking timeline, current staff allocations, any resource 
constraints, and any other details associated with the devel-
opment of the rulemaking. 
SEC. 32302. STATUTORY RULEMAKING. 
The Administrator of the Federal Motor Carrier Safety 
Administration shall prioritize the use of Federal Motor 
Carrier Safety Administration resources for the completion 
of each outstanding statutory requirement for a rulemaking 
before beginning any new rulemaking unless the Secretary 
certifies to Congress that there is a significant need to move 
forward with a new rulemaking. 
SEC. 32303. GUIDANCE REFORM. 
(a) GUIDANCE.— 
(1) POINT OF CONTACT.—Each guidance docu-
ment, other than a regulatory action, issued by the
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Federal Motor Carrier Safety Administration shall 
have a date of publication or a date of revision, as 
applicable, and the name and contact information of 
a point of contact at the Federal Motor Carrier Safe-
ty Administration who can respond to questions re-
garding the general applicability of the guidance. 
(2) PUBLIC ACCESSIBILITY.— 
(A) IN GENERAL.—Each guidance document 
and interpretation issued by the Federal Motor 
Carrier Safety Administration shall be published 
on the Department of Transportation’s public 
website on the date of issuance. 
(B) REDACTION.—The Administrator of the 
Federal Motor Carrier Safety Administration 
may redact from a guidance document or inter-
pretation under subparagraph (A) any informa-
tion that would reveal investigative techniques 
that would compromise Federal Motor Carrier 
Safety Administration enforcement efforts. 
(3) RULEMAKING.—Not later than 5 years after 
the date that a guidance document is published under 
paragraph (2) or during the comprehensive review 
under subsection (c), whichever is earlier, the Sec-
retary, in consultation with the Administrator, shall
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revise the applicable regulations to incorporate the 
guidance document to the extent practicable. 
(4) REISSUANCE.—If a guidance document is 
not incorporated into the applicable regulations under 
paragraph (3), the Secretary shall— 
(A) reissue an updated guidance document; 
and 
(B) review and reissue an updated guidance 
document every 5 years during the comprehen-
sive review process under subsection (c) until the 
date that the guidance document is removed or 
incorporated into the applicable regulations 
under paragraph (3) of this subsection. 
(b) UPDATE.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall review regula-
tions, guidance, and enforcement policies published on the 
Department of Transportation’s public website to ensure the 
regulations, guidance, and enforcement policies are current, 
readily accessible to the public, and meet the standards 
under subsection (c)(1). 
(c) REVIEW.— 
(1) IN GENERAL.—Subject to paragraph (2), not 
less than once every 5 years, the Administrator of the 
Federal Motor Carrier Safety Administration shall
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conduct a comprehensive review of its guidance and 
enforcement policies to determine whether— 
(A) the guidance and enforcement policies 
are consistent and clear; 
(B) the guidance is uniformly and consist-
ently enforceable; and 
(C) the guidance is still necessary. 
(2) NOTICE AND COMMENT.—Prior to beginning 
the review, the Administrator shall publish in the 
Federal Register a notice and request for comment so-
liciting input from stakeholders on which regulations 
should be updated or eliminated. 
(3) PRIORITIZATION
OF
OUTSTANDING
PETI-
TIONS.—As part of the review under paragraph (1), 
the Administrator shall prioritize consideration of 
each outstanding petition (as defined in section 
32304(b) of this Act) submitted by a stakeholder for 
rulemaking. 
(4) REPORT.— 
(A) IN GENERAL.—Not later than 60 days 
after the date that a review under paragraph (1) 
is complete, the Administrator shall publish on 
the Department of Transportation’s public 
website a report detailing the review and a full 
inventory of guidance and enforcement policies.
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(B) INCLUSIONS.—The report under sub-
paragraph (A) of this paragraph shall include a 
summary of the response of the Federal Motor 
Carrier Safety Administration to each comment 
received under paragraph (2) indicating each re-
quest the Federal Motor Carrier Safety Adminis-
tration is granting. 
SEC. 32304. PETITIONS. 
(a) IN GENERAL.—The Administrator of the Federal 
Motor Carrier Safety Administration shall— 
(1) publish on the Department of Transpor-
tation’s public website all petitions for regulatory ac-
tion submitted; 
(2) prioritize stakeholder petitions based on the 
likelihood of providing safety improvements; 
(3) formally respond to each petition by indi-
cating whether the Administrator will accept, deny, 
or further review, the petition not later than 180 days 
after the date the petition is published under para-
graph (1); 
(4) prioritize resulting actions consistent with 
an action’s potential to reduce crashes, improve en-
forcement, and reduce unnecessary burdens; and 
(5) not later than 60 days after the date of re-
ceipt, publish, and update as necessary, on the De-
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partment of Transportation’s public website an in-
ventory of the petitions described in paragraph (1), 
including any applicable disposition information for 
that petition. 
(b) DEFINITION OF PETITION.—In this section, the 
term ‘‘petition’’ means a request for new regulations, regu-
latory interpretations or clarifications, or retrospective re-
view of regulations to eliminate or modify obsolete, ineffec-
tive, or overly-burdensome rules. 
SEC. 32305. REGULATORY REFORM. 
(a) REGULATORY IMPACT ANALYSIS.— 
(1) IN GENERAL.—Within each regulatory im-
pact analysis of a proposed or final rule issued by the 
Federal Motor Carrier Safety Administration, the 
Secretary shall whenever practicable— 
(A) consider effects of the proposed or final 
rule on a carrier with differing characteristics; 
and 
(B) formulate estimates and findings on the 
best available science. 
(2) SCOPE.—To the extent feasible and appro-
priate, and consistent with law, the analysis described 
in paragraph (1) shall— 
(A) use data generated from a representa-
tive sample of commercial vehicle operators,
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motor carriers, or both, that will be covered 
under the proposed or final rule; and 
(B) consider effects on commercial truck 
and bus carriers of various sizes and types. 
(b) PUBLIC PARTICIPATION.— 
(1) IN GENERAL.—Before promulgating a pro-
posed rule under part B of subtitle VI of title 49, 
United States Code, if the proposed rule is likely to 
lead to the promulgation of a major rule the Sec-
retary shall— 
(A) issue an advance notice of proposed 
rulemaking; or 
(B) determine to proceed with a negotiated 
rulemaking. 
(2) REQUIREMENTS.—Each advance notice of 
proposed rulemaking issued under paragraph (1) 
shall— 
(A) identify the compelling public concern 
for a potential regulatory action, such as failures 
of private markets to protect or improve the safe-
ty of the public, the environment, or the well- 
being of the American people; 
(B) identify and request public comment on 
the best available science or technical informa-
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tion on the need for regulatory action and on the 
potential regulatory alternatives; 
(C) request public comment on the benefits 
and costs of potential regulatory alternatives 
reasonably likely to be included or analyzed as 
part of the notice of proposed rulemaking; and 
(D) request public comment on the available 
alternatives to direct regulation, including pro-
viding economic incentives to encourage the de-
sired behavior. 
(3) WAIVER.—This subsection shall not apply 
when the Secretary, for good cause, finds (and incor-
porates the finding and a brief statement of reasons 
for such finding in the proposed or final rule) an ad-
vance notice of proposed rulemaking impracticable, 
unnecessary, or contrary to the public interest. 
(c) SAVINGS CLAUSE.—Nothing in this section may be 
construed to limit the contents of any Advance Notice of 
Proposed Rulemaking. 
Subtitle D—State Authorities 
SEC. 32401. EMERGENCY ROUTE WORKING GROUP. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of this Act, the Secretary 
shall establish a working group to determine best
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practices for expeditious State approval of special 
permits for vehicles involved in emergency response 
and recovery. 
(2) MEMBERS.—The working group shall include 
representatives from— 
(A) State highway transportation depart-
ments or agencies; 
(B) relevant modal agencies within the De-
partment of Transportation; 
(C) emergency response or recovery experts; 
(D) relevant safety groups; and 
(E) persons affected by special permit re-
strictions during emergency response and recov-
ery efforts. 
(b) CONSIDERATIONS.—In determining best practices 
under subsection (a), the working group shall consider 
whether— 
(1) hurdles currently exist that prevent the expe-
ditious State approval for special permits for vehicles 
involved in emergency response and recovery; 
(2) it is possible to pre-identify and establish 
emergency routes between States through which infra-
structure repair materials could be delivered following 
a natural disaster or an emergency;
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(3) a State could pre-designate an emergency 
route identified under paragraph (1) as a certified 
emergency route if a motor vehicle that exceeds the 
otherwise applicable Federal and State truck length 
or width limits may safely operate along such route 
during period of emergency recovery; and 
(4) an online map could be created to identify 
each pre-designated emergency route under paragraph 
(2), including information on specific limitations, ob-
ligations, and notification requirements along that 
route. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the working group shall submit to 
the Secretary a report of its findings under this section and 
any recommendations for the implementation of the best 
practices for expeditious State approval of special permits 
for vehicles involved in emergency recovery. Upon receipt, 
the Secretary shall publish the report on a public website. 
(d) FEDERAL ADVISORY COMMITTEE ACT EXEMP-
TION.—The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the working group established 
under this section. 
SEC. 32402. ADDITIONAL STATE AUTHORITY. 
Notwithstanding any other provision of law, not later 
than 180 days after the date of enactment of this Act, any
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State impacted by section 4006 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102– 
240; 105 Stat. 2148) shall be provided the option to update 
the routes listed in the final list as long as the update shifts 
routes to divided highways or does not increase centerline 
miles by more than 5 percent and the change is expected 
to increase safety performance. 
SEC. 32403. COMMERCIAL DRIVER ACCESS. 
(a) INTERSTATE COMPACT PILOT PROGRAM.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Motor Carrier Safety Administration may estab-
lish a 6-year pilot program to study the feasibility, 
benefits, and safety impacts of allowing a licensed 
driver between the ages of 18 and 21 to operate a 
commercial motor vehicle in interstate commerce. 
(2) 
INTERSTATE
COMPACTS.—The 
Secretary 
shall allow States, including the District of Columbia, 
to enter into an interstate compact with contiguous 
States to allow a licensed driver between the ages of 
18 and 21 to operate a motor vehicle across the appli-
cable State lines. The Secretary shall approve as 
many as 3 interstate compacts, with no more than 4 
States per compact participating in each interstate 
compact.
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(3) MUTUAL
RECOGNITION
OF
LICENSES.—A 
valid intrastate commercial driver’s licenses issued by 
a State participating in an interstate compact under 
paragraph (2) shall be recognized as valid not more 
than 100 air miles from the border of the driver’s 
State of licensure in each State that is participating 
in that interstate compact. 
(4) STANDARDS.—In developing an interstate 
compact under this subsection, participating States 
shall provide for minimum licensure standards ac-
ceptable for interstate travel under this section, which 
may include, for a licensed driver between the ages of 
18 and 21 participating in the pilot program— 
(A) age restrictions; 
(B) distance from origin (measured in air 
miles); 
(C) reporting requirements; or 
(D) additional hours of service restrictions. 
(5) LIMITATIONS.—An interstate compact under 
paragraph (2) may not permit special configuration 
or hazardous cargo operations to be transported by a 
licensed driver under the age of 21. 
(6) ADDITIONAL REQUIREMENTS.—The Secretary 
may—
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(A) prescribe such additional requirements, 
including training, for a licensed driver between 
the ages of 18 and 21 participating in the pilot 
program as the Secretary considers necessary; 
and 
(B) provide risk mitigation restrictions and 
limitations. 
(b) APPROVAL.—An interstate compact under sub-
section (a)(2) may not go into effect until it has been ap-
proved by the governor of each State (or the Mayor of the 
District of Columbia, if applicable) that is a party to the 
interstate compact, after consultation with the Secretary of 
Transportation and the Administrator of the Federal Motor 
Carrier Safety Administration. 
(c) DATA COLLECTION.—The Secretary shall collect 
and analyze data relating to accidents (as defined in section 
390.5 of title 49, Code of Federal Regulations) in which 
a driver under the age of 21 participating in the pilot pro-
gram is involved. 
(d) REPORT.—Beginning 3 years after the date the 
first compact is established and approved, the Secretary 
shall submit to Congress a report containing the data collec-
tion and findings of the pilot program, a determination of 
whether a licensed driver between the ages of 18 and 21 
can operate a commercial motor vehicle in interstate com-
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merce with an equivalent level of safety, and the reasons 
for that determination. The Secretary may extend the air 
mileage requirements under subsection (a)(3) to expand op-
eration areas and gather additional data for analysis. 
(e) TERMINATION.—The Secretary may terminate the 
pilot program if the data collected under subsection (c) in-
dicates that drivers under the age of 21 do not operate in 
interstate commerce with an equivalent level of safety of 
those drivers age 21 and over. 
Subtitle E—Motor Carrier Safety 
Grant Consolidation 
SEC. 32501. DEFINITIONS. 
(a) IN GENERAL.—Section 31101 is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) ‘Secretary’ means the Secretary of Trans-
portation.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
Section 31101, as amended by subsection (a), is amended— 
(1) in paragraph (1)(B), by inserting a comma 
after ‘‘passengers’’; and 
(2) in paragraph (1)(C), by striking ‘‘of Trans-
portation’’.
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SEC. 32502. GRANTS TO STATES. 
(a) MOTOR
CARRIER
SAFETY
ASSISTANCE
PRO-
GRAM.—Section 31102 is amended to read as follows: 
‘‘§ 31102. Motor Carrier Safety Assistance Program 
‘‘(a) IN GENERAL.—The Secretary shall administer a 
motor carrier safety assistance program funded under sec-
tion 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— 
‘‘(1) by making targeted investments to promote 
safe commercial motor vehicle transportation, includ-
ing the transportation of passengers and hazardous 
materials; 
‘‘(2) by investing in activities likely to generate 
maximum reductions in the number and severity of 
commercial motor vehicle crashes and fatalities result-
ing from such crashes; 
‘‘(3) by adopting and enforcing effective motor 
carrier, commercial motor vehicle, and driver safety 
regulations and practices consistent with Federal re-
quirements; and
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‘‘(4) by assessing and improving statewide per-
formance by setting program goals and meeting per-
formance standards, measures, and benchmarks. 
‘‘(c) STATE PLANS.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe 
procedures for a State to submit a multiple-year 
plan, and annual updates thereto, under which the 
State agrees to assume responsibility for improving 
motor carrier safety, adopting and enforcing compat-
ible regulations, standards, and orders of the Federal 
Government on commercial motor vehicle safety and 
hazardous materials transportation safety. 
‘‘(2) CONTENTS.—The Secretary shall approve a 
plan if the Secretary determines that the plan is ade-
quate to comply with the requirements of this section, 
and the plan— 
‘‘(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;
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‘‘(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-
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
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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; 
‘‘(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;
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‘‘(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 in the 
plan that the State will address national prior-
ities 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; 
‘‘(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-
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priate strategies for carrying out those 
interdiction activities, including interdic-
tion activities that affect the transportation 
of controlled substances (as defined under 
section 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 up-
dated and republished from time to time) 
by any occupant of a commercial motor ve-
hicle; 
‘‘(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 
‘‘(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 of this title, and regulations issued under 
these sections;
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‘‘(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 both 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 of this title by prohibiting the operation 
of any vehicle discovered to be operated by a 
motor carrier without a registration issued 
under those sections 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;
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‘‘(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 station, terminal, border crossing, maintenance 
facility, destination, or other location where ade-
quate food, shelter, and sanitation facilities are 
available for passengers, and reasonable accom-
modations are available for passengers with dis-
abilities; 
‘‘(X) ensures that the State will transmit to 
its roadside inspectors the notice of each Federal 
exemption granted under section 31315(b) of this 
title and sections 390.23 and 390.25 of title 49 
of the Code of Federal Regulations and provided 
to the State by the Secretary, including the name 
of the person granted the exemption and any 
terms and conditions that apply to the exemp-
tion; 
‘‘(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) of this title; and
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‘‘(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 system 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; 
‘‘(AA) provides that a State that shares a 
land border with another country— 
‘‘(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) provides that a State that meets the 
other requirements of this section and agrees to
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comply with the requirements established in sub-
section (l)(3) may fund operation and mainte-
nance costs associated with innovative technology 
deployment under subsection (l)(3) with Motor 
Carrier Safety Assistance Program funds author-
ized 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 the Department of 
Transportation’s public website not later than 30 
days after the date the Secretary approves the 
plan or update. 
‘‘(B) LIMITATION.—Before posting an ap-
proved State multiple-year plan or annual up-
date 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.
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‘‘(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-
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 32508 of the Comprehensive Transportation and 
Consumer Protection Act of 2015, a State plan under 
subsection (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 at least 
equal to—
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‘‘(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 32508 of the 
Comprehensive Transportation and Consumer 
Protection 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-
location formula under section 32508 of the Com-
prehensive Transportation and Consumer Protection 
Act of 2015, and this adjusted baseline will replace 
the maintenance of effort requirement under para-
graph (1). 
‘‘(3) WAIVERS.—At the request of a State, the 
Secretary may waive or modify the requirements of 
this subsection for 1 fiscal year if the Secretary deter-
mines that a waiver or modification is reasonable, 
based on circumstances described by the State, to en-
sure the continuation of commercial motor vehicle en-
forcement activities in the State.
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† HR 22 EAS 
‘‘(4) LEVEL OF STATE EXPENDITURES.—In esti-
mating the average level of State expenditure 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. 
‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES 
AGREEMENT.—Amounts generated under section 14504a of 
this title and received by a State and used for motor carrier 
safety purposes may be included as part of the State’s 
match required under section 31104 of this title or mainte-
nance of effort required by subsection (f) of this section. 
‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 
When approved in the States’ plan under subsection (c), 
a State may use Motor Carrier Safety Assistance Program 
funds received under this section— 
‘‘(1) if the activities are carried out in conjunc-
tion with an appropriate inspection of a commercial
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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 
motor vehicle or by any occupant, including the 
operator, of the commercial motor vehicle; 
‘‘(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
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† HR 22 EAS 
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; and 
‘‘(3) for the enforcement of household goods regu-
lations on intrastate and interstate carriers if the 
State has adopted laws or regulations compatible 
with the Federal household goods regulations. 
‘‘(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
464 
† HR 22 EAS 
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 
in 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 
under paragraph (1). 
‘‘(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 
32508 of the Comprehensive Transportation and Con-
sumer Protection Act of 2015 the Secretary may not 
make elective adjustments to the allocation formula 
that decrease a State’s Federal funding levels by more 
than 3 percent in a fiscal year. The 3 percent limit
465 
† HR 22 EAS 
shall not apply to the withholding provisions of sub-
section (k). 
‘‘(k) PLAN MONITORING.— 
‘‘(1) IN GENERAL.—On the basis of reports sub-
mitted by the lead State agency responsible for ad-
ministering an approved State plan and an inves-
tigation by the Secretary, the Secretary shall periodi-
cally evaluate State implementation of and compli-
ance with the State plan. 
‘‘(2) WITHHOLDING OF FUNDS.— 
‘‘(A) DISAPPROVAL.—If, after notice and an 
opportunity to be heard, the Secretary finds that 
the State plan previously approved is not being 
followed or has become inadequate to ensure en-
forcement of the regulations, standards, or or-
ders, or the State is otherwise not in compliance 
with the requirements of this section, the Sec-
retary may withdraw approval of the plan and 
notify the State. The plan is no longer in effect 
once the State receives notice, and the Secretary 
shall withhold all funding under this section. 
‘‘(B) NONCOMPLIANCE
WITHHOLDING.—In 
lieu of withdrawing approval of the plan, the 
Secretary may, after providing notice and an 
opportunity to be heard, withhold funding from
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† HR 22 EAS 
the State to which the State would otherwise be 
entitled 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 
‘‘(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 under para-
graph (2)(B), the State may retain jurisdiction in an 
administrative or a judicial proceeding that com-
menced before the notice of disapproval or with-
holding if the issues involved are not related directly 
to the reasons for the disapproval or withholding.
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† HR 22 EAS 
‘‘(l) HIGH PRIORITY FINANCIAL ASSISTANCE PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall admin-
ister a high priority financial assistance program 
funded under section 31104 for the purposes described 
in paragraphs (2) and (3). 
‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER 
SAFETY.—The purpose of this paragraph is to make 
discretionary grants to and cooperative agreements 
with States, local governments, federally-recognized 
Indian tribes, other political jurisdictions as nec-
essary, and any person to carry out high priority ac-
tivities and projects that augment motor carrier safe-
ty activities 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 non-commercial motor vehi-
cles in areas identified as high risk crash cor-
ridors; 
‘‘(C) support the enforcement of State house-
hold goods regulations on intrastate and inter-
state carriers if the State has adopted laws or
468 
† HR 22 EAS 
regulations compatible with the Federal house-
hold good laws; 
‘‘(D) improve the safe and secure movement 
of hazardous materials; 
‘‘(E) improve safe transportation of goods 
and persons in foreign commerce; 
‘‘(F) demonstrate new technologies to im-
prove commercial motor vehicle safety; 
‘‘(G) 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, 
whichever is sooner, for special initia-
tives or projects that exceed routine op-
erations required for participation; 
‘‘(H) conduct safety data improvement 
projects—
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† HR 22 EAS 
‘‘(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 
‘‘(I) 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. 
‘‘(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
470 
† HR 22 EAS 
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 vehicle regulatory requirements. 
‘‘(C) ELIGIBILITY.—To be eligible for a 
grant under this paragraph, a State shall— 
‘‘(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-
471 
† HR 22 EAS 
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-
tems conform with the national intelligent 
transportation systems architecture, appli-
cable standards, and protocols for commer-
cial motor vehicle information systems and 
networks.
472 
† HR 22 EAS 
‘‘(D) USE OF FUNDS.—Grant funds 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 
with funds made available under both sections 
31104(a)(1) and 31104(a)(2) of this title.’’. 
(b) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT 
PROGRAM.—Section 31103 is amended to read as follows:
473 
† HR 22 EAS 
‘‘§ 31103. Commercial Motor Vehicle Operators Grant 
Program 
‘‘(a) IN GENERAL.—The Secretary shall administer a 
commercial motor vehicle operators grant program funded 
under section 31104. 
‘‘(b) PURPOSE.—The purpose of the grant program is 
to train individuals in the safe operation of commercial 
motor vehicles (as defined in section 31301).’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section 
31104 is amended to read as follows: 
‘‘§ 31104. Authorization of appropriations 
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol-
lowing sums are authorized to be appropriated from the 
Highway Trust Fund for the following Federal Motor Car-
rier Safety Administration Financial Assistance Programs: 
‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO-
GRAM.—Subject to paragraph (2) of this subsection 
and subsection (c) of this section, to carry out section 
31102— 
‘‘(A) $295,636,000 for fiscal year 2017; 
‘‘(B) $301,845,000 for fiscal year 2018; 
‘‘(C) $308,183,000 for fiscal year 2019; 
‘‘(D) $314,655,000 for fiscal year 2020; and 
‘‘(E) $321,263,000 for fiscal year 2021. 
‘‘(2) HIGH PRIORITY ACTIVITIES FINANCIAL AS-
SISTANCE
PROGRAM.—Subject to subsection (c), to
474 
† HR 22 EAS 
make grants and cooperative agreements under sec-
tion 31102(l) of this title, the Secretary may set aside 
from amounts made available under paragraph (1) of 
this subsection up to— 
‘‘(A) $42,323,000 for fiscal year 2017; 
‘‘(B) $43,212,000 for fiscal year 2018; 
‘‘(C) $44,119,000 for fiscal year 2019; 
‘‘(D) $45,046,000 for fiscal year 2020; and 
‘‘(E) $45,992,000 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; 
‘‘(D) $1,000,000 for fiscal year 2020; and 
‘‘(E) $1,000,000 for fiscal year 2021. 
‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION
FINANCIAL
ASSISTANCE
PRO-
GRAM.—Subject to subsection (c), to carry out section 
31313— 
‘‘(A) $31,273,000 for fiscal year 2017; 
‘‘(B) $31,930,000 for fiscal year 2018; 
‘‘(C) $32,600,000 for fiscal year 2019; 
‘‘(D) $33,285,000 for fiscal year 2020; and 
‘‘(E) $33,984,000 for fiscal year 2021.
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† HR 22 EAS 
‘‘(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 these 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 
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 
section 31102, 31103, or 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-
476 
† HR 22 EAS 
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 these 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. 
‘‘(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.— 
‘‘(1) IN GENERAL.—The period of availability 
for a recipient to expend a grant or cooperative agree-
ment authorized under subsection (a) is as follows:
477 
† HR 22 EAS 
‘‘(A) For grants made for carrying out sec-
tion 31102, other than section 31102(l), for the 
fiscal year in which it is obligated and for the 
next fiscal year. 
‘‘(B) For grants or cooperative agreements 
made for carrying out section 31102(l)(2), for 
the fiscal year in which it is obligated and for 
the next 2 fiscal years. 
‘‘(C) For grants made for carrying out sec-
tion 31102(l)(3), for the fiscal year in which it 
is obligated and for the next 4 fiscal years. 
‘‘(D) For grants made for carrying out sec-
tion 31103, for the fiscal year in which it is obli-
gated and for the next fiscal year. 
‘‘(E) For grants or cooperative agreements 
made for carrying out 31313, for the fiscal year 
in which it is obligated and for the next 4 fiscal 
years. 
‘‘(2) REOBLIGATION.—Amounts not expended by 
a recipient during the period of availability shall be 
released back to the Secretary for reobligation for any 
purpose under sections 31102, 31103, 31104, and 
31313 in accordance with subsection (i) of this sec-
tion.
478 
† HR 22 EAS 
‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL-
ABILITY.—Amounts authorized from the Highway Trust 
Fund by this section shall be available for obligation on 
the date of their apportionment 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. 
‘‘(i) TRANSFER OF OBLIGATION AUTHORITY.— 
‘‘(1) IN GENERAL.—Of the contract authority au-
thorized for motor carrier safety grants, the Secretary 
shall have authority to transfer available unobligated 
contract authority and associated liquidating cash 
within or between Federal financial assistance pro-
grams authorized under this section and make new 
Federal financial assistance awards under this sec-
tion. 
‘‘(2) COST
ESTIMATES.—Of the funds trans-
ferred, the contract authority and associated liqui-
dating cash or obligations and expenditures stemming 
from Federal financial assistance awards made with 
this contract authority shall not be scored as new ob-
ligations by the Office of Management and Budget or 
by the Secretary.
479 
† HR 22 EAS 
‘‘(3) NO
LIMITATION
ON
TOTAL
OF
OBLIGA-
TIONS.—Notwithstanding any other provision of law, 
no limitation on the total of obligations for Federal 
financial assistance programs carried out by the Fed-
eral Motor Carrier Safety Administration under this 
section shall apply to unobligated funds transferred 
under this subsection.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SAFETY FITNESS OF OWNERS AND OPERATOR; 
SAFETY
REVIEWS
OF
NEW
OPERATORS.—Section 
31144(g) is amended by striking paragraph (5). 
(2) INFORMATION SYSTEMS; PERFORMANCE AND 
REGISTRATION
INFORMATION
PROGRAM.—Section 
31106(b) is amended by striking paragraph (4). 
(3) BORDER
ENFORCEMENT
GRANTS.—Section 
31107 is repealed. 
(4) PERFORMANCE AND REGISTRATION INFORMA-
TION
SYSTEM
MANAGEMENT.—Section 31109 is re-
pealed. 
(5) TABLE OF CONTENTS.—The table of contents 
of chapter 311 is amended— 
(A) by striking the items relating to 31107 
and 31109; and
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† HR 22 EAS 
(B) by striking the items relating to sections 
31102, 31103, and 31104 and inserting the fol-
lowing: 
‘‘31102. Motor Carrier Safety Assistance Program. 
‘‘31103. Commercial Motor Vehicle Operators Grant Program. 
‘‘31104. Authorization of appropriations.’’. 
(6) GRANTS FOR COMMERCIAL DRIVER’S LICENSE 
PROGRAM
IMPLEMENTATION.—Section 31313(a), as 
amended by section 32506 of this Act, is further 
amended by striking ‘‘The Secretary of Transpor-
tation shall administer a financial assistance pro-
gram for commercial driver’s license program imple-
mentation for the purposes described in paragraphs 
(1) and (2)’’ and inserting ‘‘The Secretary of Trans-
portation shall administer a financial assistance pro-
gram for commercial driver’s license program imple-
mentation funded under section 31104 of this title for 
the purposes described in paragraphs (1) and (2)’’. 
(7) COMMERCIAL
VEHICLE
INFORMATION
SYS-
TEMS AND NETWORKS DEPLOYMENT.—Section 4126 of 
SAFETEA–LU (49 U.S.C. 31106 note) is repealed. 
(8) SAFETY
DATA
IMPROVEMENT
PROGRAM.— 
Section 4128 of SAFETEA–LU (49 U.S.C. 31100 
note) is repealed. 
(9) GRANT PROGRAM FOR COMMERCIAL MOTOR 
VEHICLE OPERATORS.—Section 4134 of SAFETEA– 
LU (49 U.S.C. 31301 note) is repealed.
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† HR 22 EAS 
(10) WINTER
HOME
HEATING
OIL
DELIVERY 
STATE FLEXIBILITY PROGRAM.—Section 346 of Na-
tional Highway System Designation Act of 1995 (49 
U.S.C. 31166 note) is repealed. 
(11) 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. 
(12) 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. 
(13) 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 ‘‘under 
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). 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2016. 
(f) TRANSITION.—Notwithstanding the amendments 
made by this section, the Secretary shall carry out sections 
31102, 31103, 31104 of title 49, United States Code, and
482 
† HR 22 EAS 
any sections repealed under subsection (d) of this section, 
as necessary, as those sections were in effect on the day be-
fore October 1, 2016, with respect to applications for grants, 
cooperative agreements, or contracts under those sections 
submitted before October 1, 2016. 
SEC. 32503. NEW ENTRANT SAFETY REVIEW PROGRAM 
STUDY. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Office of Inspector General of 
the Department of Transportation shall report to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure in the House of Representatives on its assessment 
of the new operator safety review program, required under 
section 31144(g) of title 49, United States Code, including 
the program’s effectiveness in reducing commercial motor 
vehicles involved in crashes, fatalities, and injuries, and in 
improving commercial motor vehicle safety. 
(b) REPORT.—Not later than 90 days after completion 
of the report under subsection (a), the Secretary shall sub-
mit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure in the House of Representatives a report 
on the actions the Secretary will take to address any rec-
ommendations included in the study under subsection (a).
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† HR 22 EAS 
(c) PAPERWORK REDUCTION ACT OF 1995; EXCEP-
TION.—The study and the Office of the Inspector General 
assessment shall not be subject to section 3506 or section 
3507 of title 44, United States Code. 
SEC. 32504. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEMS MANAGEMENT. 
Section 31106(b) is amended in the heading by strik-
ing ‘‘PROGRAM’’ and inserting ‘‘SYSTEMS MANAGEMENT’’. 
SEC. 32505. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subchapter I of chapter 311 is 
amended by adding at the end the following: 
‘‘§ 31110. Authorization of appropriations 
‘‘(a) ADMINISTRATIVE EXPENSES.—There are author-
ized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) for the Secretary of 
Transportation to pay administrative expenses of the Fed-
eral Motor Carrier Safety Administration— 
‘‘(1) $264,439,000 for fiscal year 2016; 
‘‘(2) $269,992,000 for fiscal year 2017; 
‘‘(3) $275,662,000 for fiscal year 2018; 
‘‘(4) $281,451,000 for fiscal year 2019; 
‘‘(5) $287,361,000 for fiscal year 2020; and 
‘‘(6) $293,396,000 for fiscal year 2021. 
‘‘(b) USE OF FUNDS.—The funds authorized by this 
section shall be used—
484 
† HR 22 EAS 
‘‘(1) for personnel costs; 
‘‘(2) for administrative infrastructure; 
‘‘(3) for rent; 
‘‘(4) for information technology; 
‘‘(5) for programs for research and technology, 
information management, regulatory development, the 
administration of the performance and registration 
information systems management; 
‘‘(6) for programs for outreach and education 
under subsection (d); 
‘‘(7) to fund the motor carrier safety facility 
working capital fund established under subsection (c); 
‘‘(8) for other operating expenses; 
‘‘(9) to conduct safety reviews of new operators; 
and 
‘‘(10) for such other expenses as may from time 
to time become necessary to implement statutory 
mandates of the Federal Motor Carrier Safety Admin-
istration not funded from other sources. 
‘‘(c) MOTOR CARRIER SAFETY FACILITY WORKING 
CAPITAL FUND.— 
‘‘(1) IN GENERAL.—The Secretary may establish 
a motor carrier safety facility working capital fund. 
‘‘(2) PURPOSE.—Amounts in the fund shall be 
available for modernization, construction, leases, and
485 
† HR 22 EAS 
expenses related to vacating, occupying, maintaining, 
and expanding motor carrier safety facilities, and as-
sociated activities. 
‘‘(3) AVAILABILITY.—Amounts in the fund shall 
be available without regard to fiscal year limitation. 
‘‘(4) FUNDING.—Amounts may be appropriated 
to the fund from the amounts made available in sub-
section (a). 
‘‘(5) FUND
TRANSFERS.—The Secretary may 
transfer funds to the working capital fund from the 
amounts made available in subsection (a) or from 
other funds as identified by the Secretary. 
‘‘(d) OUTREACH AND EDUCATION PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may conduct, 
through any combination of grants, contracts, cooper-
ative agreements, or other activities, an internal and 
external outreach and education program to be ad-
ministered by the Administrator of the Federal Motor 
Carrier Safety Administration. 
‘‘(2) FEDERAL SHARE.—The Federal share of an 
outreach and education program for which a grant, 
contract, or cooperative agreement is made under this 
subsection may be up to 100 percent of the cost of the 
grant, contract, or cooperative agreement.