In the Senate of the United States, 
July 30, 2015. 
Resolved, That the bill from the House of Representa-
tives (H.R. 22) entitled ‘‘An Act to amend the Internal Rev-
enue Code of 1986 to exempt employees with health coverage 
under TRICARE or the Veterans Administration from being 
taken into account for purposes of determining the employers 
to which the employer mandate applies under the Patient 
Protection and Affordable Care Act.’’, do pass with the fol-
lowing 
AMENDMENTS: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Developing a Reliable 
and Innovative Vision for the Economy Act’’ or the 
‘‘DRIVE Act’’.
† HR 22 EAS 
Sec. 11004. Surface transportation program. 
Sec. 11005. Metropolitan transportation planning. 
Sec. 11006. Statewide and nonmetropolitan transportation planning. 
Sec. 11007. Highway use tax evasion projects. 
Sec. 11008. Bundling of bridge projects. 
Sec. 11009. Flexibility for certain rural road and bridge projects. 
Sec. 11010. Construction of ferry boats and ferry terminal facilities. 
Sec. 11011. Highway safety improvement program. 
Sec. 11012. Data collection on unpaved public roads. 
Sec. 11013. Congestion mitigation and air quality improvement program. 
Sec. 11014. Transportation alternatives. 
Sec. 11015. Consolidation of programs. 
Sec. 11016. State flexibility for National Highway System modifications. 
Sec. 11017. Toll roads, bridges, tunnels, and ferries. 
Sec. 11018. HOV facilities. 
Sec. 11019. Interstate system reconstruction and rehabilitation pilot program. 
Sec. 11020. Emergency relief for federally owned roads. 
Sec. 11021. Bridges requiring closure or load restrictions. 
Sec. 11022. National electric vehicle charging and natural gas fueling corridors. 
Sec. 11023. Asset management. 
Sec. 11024. Tribal transportation program amendment. 
Sec. 11025. Nationally significant Federal lands and Tribal projects program. 
Sec. 11026. Federal lands programmatic activities. 
Sec. 11027. Federal lands transportation program. 
Sec. 11028. Innovative project delivery. 
Sec. 11029. Obligation and release of funds. 
Subtitle B—Acceleration of Project Delivery 
Sec. 11101. Categorical exclusion for projects of limited Federal assistance. 
Sec. 11102. Programmatic agreement template. 
Sec. 11103. Agency coordination. 
Sec. 11104. Initiation of environmental review process. 
Sec. 11105. Improving collaboration for accelerated decision making. 
Sec. 11106. Accelerated decisionmaking in environmental reviews. 
Sec. 11107. Improving transparency in environmental reviews. 
Sec. 11108. Integration of planning and environmental review. 
Sec. 11109. Use of programmatic mitigation plans. 
Sec. 11110. Adoption of Departmental environmental documents. 
Sec. 11111. Technical assistance for States. 
Sec. 11112. Surface transportation project delivery program. 
Sec. 11113. Categorical exclusions for multimodal projects. 
Sec. 11114. Modernization of the environmental review process. 
Sec. 11115. Service club, charitable association, or religious service signs. 
Sec. 11116. Satisfaction of requirements for certain historic sites. 
Sec. 11117. Bridge exemption from consideration under certain provisions. 
Sec. 11118. Elimination of barriers to improve at-risk bridges. 
Sec. 11119. At-risk project preagreement authority. 
Subtitle C—Miscellaneous 
Sec. 11201. Credits for untaxed transportation fuels. 
Sec. 11202. Justification reports for access points on the Interstate System. 
Sec. 11203. Exemptions. 
Sec. 11204. High priority corridors on the National Highway System. 
Sec. 11205. Repeat intoxicated driver law.
† HR 22 EAS 
Sec. 11206. Vehicle-to-infrastructure equipment. 
Sec. 11207. Relinquishment. 
Sec. 11208. Transfer and sale of toll credits. 
Sec. 11209. Regional infrastructure accelerator demonstration program. 
Sec. 11210. Sonoran Corridor Interstate development. 
TITLE II—TRANSPORTATION INNOVATION 
Subtitle A—Research 
Sec. 12001. Research, technology, and education. 
Sec. 12002. Intelligent transportation systems. 
Sec. 12003. Future interstate study. 
Sec. 12004. Researching surface transportation system funding alternatives. 
Subtitle B—Data 
Sec. 12101. Tribal data collection. 
Sec. 12102. Performance management data support program. 
Subtitle C—Transparency and Best Practices 
Sec. 12201. Every Day Counts initiative. 
Sec. 12202. Department of Transportation performance measures. 
Sec. 12203. Grant program for achievement in transportation for performance 
and innovation. 
Sec. 12204. Highway trust fund transparency and accountability. 
Sec. 12205. Report on highway trust fund administrative expenditures. 
Sec. 12206. Availability of reports. 
Sec. 12207. Performance period adjustment. 
Sec. 12208. Design standards. 
TITLE III—TRANSPORTATION INFRASTRUCTURE FINANCE AND 
INNOVATION ACT OF 1998 AMENDMENTS 
Sec. 13001. Transportation Infrastructure Finance and Innovation Act of 1998 
amendments. 
TITLE IV—TECHNICAL CORRECTIONS 
Sec. 14001. Technical corrections. 
TITLE V—MISCELLANEOUS 
Sec. 15001. Appalachian development highway system. 
Sec. 15002. Appalachian regional development program. 
Sec. 15003. Water infrastructure finance and innovation. 
Sec. 15004. Administrative provisions to encourage pollinator habitat and forage 
on transportation rights-of-way. 
Sec. 15005. Study on performance of bridges. 
Sec. 15006. Sport fish restoration and recreational boating safety. 
DIVISION B—PUBLIC TRANSPORTATION 
TITLE XXI—FEDERAL PUBLIC TRANSPORTATION ACT 
Sec. 21001. Short title. 
Sec. 21002. Definitions. 
Sec. 21003. Metropolitan transportation planning.
† HR 22 EAS 
Sec. 21004. Statewide and nonmetropolitan transportation planning. 
Sec. 21005. Urbanized area formula grants. 
Sec. 21006. Fixed guideway capital investment grants. 
Sec. 21007. Mobility of seniors and individuals with disabilities. 
Sec. 21008. Formula grants for rural areas. 
Sec. 21009. Research, development, demonstration, and deployment program. 
Sec. 21010. Private sector participation. 
Sec. 21011. Innovative procurement. 
Sec. 21012. Human resources and training. 
Sec. 21013. General provisions. 
Sec. 21014. Project management oversight. 
Sec. 21015. Public transportation safety program. 
Sec. 21016. State of good repair grants. 
Sec. 21017. Authorizations. 
Sec. 21018. Grants for bus and bus facilities. 
Sec. 21019. Salary of Federal Transit Administrator. 
Sec. 21020. Technical and conforming amendments. 
DIVISION C—COMPREHENSIVE TRANSPORTATION AND CONSUMER 
PROTECTION ACT OF 2015 
Sec. 31001. Short title. 
Sec. 31002. References to title 49, United States Code. 
Sec. 31003. Effective date. 
TITLE XXXI—OFFICE OF THE SECRETARY 
Subtitle A—Accelerating Project Delivery 
Sec. 31101. Delegation of authority. 
Sec. 31102. Infrastructure Permitting Improvement Center. 
Sec. 31103. Accelerated decision-making in environmental reviews. 
Sec. 31104. Environmental review alignment and reform. 
Sec. 31105. Multimodal categorical exclusions. 
Sec. 31106. Improving transparency in environmental reviews. 
Sec. 31107. Local transportation infrastructure program. 
Sec. 31108. Authorization of grants for positive train control. 
Subtitle B—Research 
Sec. 31201. Findings. 
Sec. 31202. Modal research plans. 
Sec. 31203. Consolidated research prospectus and strategic plan. 
Sec. 31204. Research Ombudsman. 
Sec. 31205. Smart cities transportation planning study. 
Sec. 31206. Bureau of Transportation Statistics independence. 
Sec. 31207. Conforming amendments. 
Sec. 31208. Repeal of obsolete office. 
Subtitle C—Port Performance Act 
Sec. 31301. Short title. 
Sec. 31302. Findings. 
Sec. 31303. Port performance freight statistics program.
† HR 22 EAS 
TITLE XXXII—COMMERCIAL MOTOR VEHICLE AND DRIVER 
PROGRAMS 
Subtitle A—Compliance, Safety, and Accountability Reform 
Sec. 32001. Correlation study. 
Sec. 32002. Safety improvement metrics. 
Sec. 32003. Data certification. 
Sec. 32004. Data improvement. 
Sec. 32005. Accident report information. 
Sec. 32006. Post-accident report review. 
Sec. 32007. Recognizing excellence in safety. 
Sec. 32008. High risk carrier reviews. 
Subtitle B—Transparency and Accountability 
Sec. 32201. Petitions for regulatory relief. 
Sec. 32202. Inspector standards. 
Sec. 32203. Technology improvements. 
Subtitle C—Trucking Rules Updated by Comprehensive and Key Safety Reform 
Sec. 32301. Update on statutory requirements. 
Sec. 32302. Statutory rulemaking. 
Sec. 32303. Guidance reform. 
Sec. 32304. Petitions. 
Sec. 32305. Regulatory reform. 
Subtitle D—State Authorities 
Sec. 32401. Emergency route working group. 
Sec. 32402. Additional State authority. 
Sec. 32403. Commercial driver access. 
Subtitle E—Motor Carrier Safety Grant Consolidation 
Sec. 32501. Definitions. 
Sec. 32502. Grants to States. 
Sec. 32503. New entrant safety review program study. 
Sec. 32504. Performance and registration information systems management. 
Sec. 32505. Authorization of appropriations. 
Sec. 32506. Commercial driver’s license program implementation. 
Sec. 32507. Extension of Federal motor carrier safety programs for fiscal year 
2016. 
Sec. 32508. Motor carrier safety assistance program allocation. 
Sec. 32509. Maintenance of effort calculation. 
Subtitle F—Miscellaneous Provisions 
Sec. 32601. Windshield technology. 
Sec. 32602. Electronic logging devices requirements. 
Sec. 32603. Lapse of required financial security; suspension of registration. 
Sec. 32604. Access to National Driver Register. 
Sec. 32605. Study on commercial motor vehicle driver commuting. 
Sec. 32606. Household goods consumer protection working group. 
Sec. 32607. Interstate van operations. 
Sec. 32608. Report on design and implementation of wireless roadside inspection 
systems.
† HR 22 EAS 
Sec. 32609. Motorcoach hours of service study. 
Sec. 32610. GAO Review of school bus safety. 
Sec. 32611. Use of hair testing for preemployment and random controlled sub-
stances tests. 
TITLE XXXIII—HAZARDOUS MATERIALS 
Sec. 33101. Endorsements. 
Sec. 33102. Enhanced reporting. 
Sec. 33103. Hazardous material information. 
Sec. 33104. National emergency and disaster response. 
Sec. 33105. Authorization of appropriations. 
TITLE XXXIV—HIGHWAY AND MOTOR VEHICLE SAFETY 
Subtitle A—Highway Traffic Safety 
PART I—HIGHWAY SAFETY 
Sec. 34101. Authorization of appropriations. 
Sec. 34102. Highway safety programs. 
Sec. 34103. Grants for alcohol-ignition interlock laws and 24–7 sobriety pro-
grams. 
Sec. 34104. Repeat offender criteria. 
Sec. 34105. Study on the national roadside survey of alcohol and drug use by 
drivers. 
Sec. 34106. Increasing public awareness of the dangers of drug-impaired driving. 
Sec. 34107. Improvement of data collection on child occupants in vehicle crashes. 
PART II—STOP MOTORCYCLE CHECKPOINT FUNDING ACT 
Sec. 34121. Short title. 
Sec. 34122. Grant restriction. 
PART III—IMPROVING DRIVER SAFETY ACT OF 2015 
Sec. 34131. Short title. 
Sec. 34132. Distracted driving incentive grants. 
Sec. 34133. Barriers to data collection report. 
Sec. 34134. Minimum requirements for State graduated driver licensing incentive 
grant program. 
PART IV—TECHNICAL AND CONFORMING AMENDMENTS 
Sec. 34141. Technical corrections to the Motor Vehicle and Highway Safety Im-
provement Act of 2012. 
Subtitle B—Vehicle Safety 
Sec. 34201. Authorization of appropriations. 
Sec. 34202. Inspector General recommendations. 
Sec. 34203. Improvements in availability of recall information. 
Sec. 34204. Recall process. 
Sec. 34205. Pilot grant program for State notification to consumers of motor ve-
hicle recall status. 
Sec. 34206. Recall obligations under bankruptcy. 
Sec. 34207. Dealer requirement to check for open recall. 
Sec. 34208. Extension of time period for remedy of tire defects.
† HR 22 EAS 
Sec. 34209. Rental car safety. 
Sec. 34210. Increase in civil penalties for violations of motor vehicle safety. 
Sec. 34211. Electronic odometer disclosures. 
Sec. 34212. Corporate responsibility for NHTSA reports. 
Sec. 34213. Direct vehicle notification of recalls. 
Sec. 34214. Unattended children warning. 
Sec. 34215. Tire pressure monitoring system. 
Subtitle C—Research and Development and Vehicle Electronics 
Sec. 34301. Report on operations of the Council for Vehicle Electronics, Vehicle 
Software, and Emerging Technologies. 
Sec. 34302. Cooperation with foreign governments. 
Subtitle D—Miscellaneous Provisions 
PART I—DRIVER PRIVACY ACT OF 2015 
Sec. 34401. Short title. 
Sec. 34402. Limitations on data retrieval from vehicle event data recorders. 
Sec. 34403. Vehicle event data recorder study. 
PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 
Sec. 34421. Short title. 
Sec. 34422. Passenger motor vehicle information. 
PART III—TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015 
Sec. 34431. Short title. 
Sec. 34432. Tire fuel efficiency minimum performance standards. 
Sec. 34433. Tire registration by independent sellers. 
Sec. 34434. Tire recall database. 
TITLE XXXV—RAILROAD REFORM, ENHANCEMENT, AND 
EFFICIENCY 
Sec. 35001. Short title. 
Sec. 35002. Passenger transportation; definitions. 
Subtitle A—Authorization of Appropriations 
Sec. 35101. Authorization of grants to Amtrak. 
Sec. 35102. National infrastructure and safety investments. 
Sec. 35103. Authorization of appropriations for National Transportation Safety 
Board rail investigations. 
Sec. 35104. Authorization of appropriations for Amtrak Office of Inspector Gen-
eral. 
Sec. 35105. National cooperative rail research program. 
Subtitle B—Amtrak Reform 
Sec. 35201. Amtrak grant process. 
Sec. 35202. 5-year business line and assets plans. 
Sec. 35203. State-supported route committee. 
Sec. 35204. Route and service planning decisions. 
Sec. 35205. Competition. 
Sec. 35206. Rolling stock purchases. 
Sec. 35207. Food and beverage policy.
† HR 22 EAS 
Sec. 35208. Local products and promotional events. 
Sec. 35209. Right-of-way leveraging. 
Sec. 35210. Station development. 
Sec. 35211. Amtrak debt. 
Sec. 35212. Amtrak pilot program for passengers transporting domesticated cats 
and dogs. 
Sec. 35213. Amtrak board of directors. 
Sec. 35214. Amtrak boarding procedures. 
Subtitle C—Intercity Passenger Rail Policy 
Sec. 35301. Competitive operating grants. 
Sec. 35302. Federal-State partnership for state of good repair. 
Sec. 35303. Large capital project requirements. 
Sec. 35304. Small business participation study. 
Sec. 35305. Gulf coast rail service working group. 
Sec. 35306. Integrated passenger rail working group. 
Sec. 35307. Shared-use study. 
Sec. 35308. Northeast Corridor Commission. 
Sec. 35309. Northeast Corridor through-ticketing and procurement efficiencies. 
Sec. 35310. Data and analysis. 
Sec. 35311. Performance-based proposals. 
Sec. 35312. Amtrak Inspector General. 
Sec. 35313. Miscellaneous provisions. 
Subtitle D—Rail Safety 
PART I—SAFETY IMPROVEMENT 
Sec. 35401. Highway-rail grade crossing safety. 
Sec. 35402. Speed limit action plans. 
Sec. 35403. Signage. 
Sec. 35404. Alerters. 
Sec. 35405. Signal protection. 
Sec. 35406. Technology implementation plans. 
Sec. 35407. Commuter rail track inspections. 
Sec. 35408. Emergency response. 
Sec. 35409. Private highway-rail grade crossings. 
Sec. 35410. Repair and replacement of damaged track inspection equipment. 
Sec. 35411. Rail police officers. 
Sec. 35412. Operation deep dive; report. 
Sec. 35413. Post-accident assessment. 
Sec. 35414. Technical and conforming amendments. 
Sec. 35415. GAO study on use of locomotive horns at highway-rail grade cross-
ings. 
Sec. 35416. Bridge inspection reports. 
PART II—CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS 
Sec. 35421. Consolidated rail infrastructure and safety improvements. 
PART III—HAZARDOUS MATERIALS BY RAIL SAFETY AND OTHER SAFETY 
ENHANCEMENTS 
Sec. 35431. Real-time emergency response information. 
Sec. 35432. Thermal blankets. 
Sec. 35433. Comprehensive oil spill response plans.
† HR 22 EAS 
Sec. 35434. Hazardous materials by rail liability study. 
Sec. 35435. Study and testing of electronically-controlled pneumatic brakes. 
Sec. 35436. Recording devices. 
Sec. 35437. Rail passenger transportation liability. 
Sec. 35438. Modification reporting. 
Sec. 35439. Report on crude oil characteristics research study. 
PART IV—POSITIVE TRAIN CONTROL 
Sec. 35441. Coordination of spectrum. 
Sec. 35442. Updated plans. 
Sec. 35443. Early adoption and interoperability. 
Sec. 35444. Positive train control at grade crossings effectiveness study. 
Subtitle E—Project Delivery 
Sec. 35501. Short title. 
Sec. 35502. Preservation of public lands. 
Sec. 35503. Efficient environmental reviews. 
Sec. 35504. Advance acquisition. 
Sec. 35505. Railroad rights-of-way. 
Sec. 35506. Savings clause. 
Sec. 35507. Transition. 
Subtitle F—Financing 
Sec. 35601. Short title; references. 
Sec. 35602. Definitions. 
Sec. 35603. Eligible applicants. 
Sec. 35604. Eligible purposes. 
Sec. 35605. Program administration. 
Sec. 35606. Loan terms and repayment. 
Sec. 35607. Credit risk premiums. 
Sec. 35608. Master credit agreements. 
Sec. 35609. Priorities and conditions. 
Sec. 35610. Savings provision. 
DIVISION D—FREIGHT AND MAJOR PROJECTS 
TITLE XLI—FREIGHT POLICY 
Sec. 41001. Establishment of freight chapter. 
Sec. 41002. National multimodal freight policy. 
Sec. 41003. National multimodal freight network. 
TITLE XLII—PLANNING 
Sec. 42001. National freight strategic plan. 
Sec. 42002. State freight advisory committees. 
Sec. 42003. State freight plans. 
Sec. 42004. Freight data and tools. 
Sec. 42005. Savings provision. 
TITLE XLIII—FORMULA FREIGHT PROGRAM 
Sec. 43001. National highway freight program.
† HR 22 EAS 
TITLE XLIV—GRANTS 
Sec. 44001. Purpose; definitions; administration. 
Sec. 44002. Grants. 
DIVISION E—FINANCE 
Sec. 50001. Short title. 
TITLE LI—HIGHWAY TRUST FUND AND RELATED TAXES 
Subtitle A—Extension of Trust Fund Expenditure Authority and Related Taxes 
Sec. 51101. Extension of trust fund expenditure authority. 
Sec. 51102. Extension of highway-related taxes. 
Subtitle B—Additional Transfers to Highway Trust Fund 
Sec. 51201. Further additional transfers to trust fund. 
Sec. 51202. Transfer to Highway Trust Fund of certain motor vehicle safety pen-
alties. 
Sec. 51203. Appropriation from Leaking Underground Storage Tank Trust Fund. 
TITLE LII—OFFSETS 
Subtitle A—Tax Provisions 
Sec. 52101. Consistent basis reporting between estate and person acquiring prop-
erty from decedent. 
Sec. 52102. Revocation or denial of passport in case of certain unpaid taxes. 
Sec. 52103. Clarification of 6-year statute of limitations in case of overstatement 
of basis. 
Sec. 52104. Additional information on returns relating to mortgage interest. 
Sec. 52105. Return due date modifications. 
Sec. 52106. Reform of rules relating to qualified tax collection contracts. 
Sec. 52107. Special compliance personnel program. 
Sec. 52108. Transfers of excess pension assets to retiree health accounts. 
Subtitle B—Fees and Receipts 
Sec. 52201. Extension of deposits of security service fees in the general fund. 
Sec. 52202. Adjustment for inflation of fees for certain customs services. 
Sec. 52203. Dividends and surplus funds of Reserve banks. 
Sec. 52204. Strategic Petroleum Reserve drawdown and sale. 
Sec. 52205. Extension of enterprise guarantee fee. 
Subtitle C—Outlays 
Sec. 52301. Interest on overpayment. 
DIVISION F—MISCELLANEOUS 
TITLE LXI—FEDERAL PERMITTING IMPROVEMENT 
Sec. 61001. Definitions. 
Sec. 61002. Federal Permitting Improvement Council. 
Sec. 61003. Permitting process improvement. 
Sec. 61004. Interstate compacts. 
Sec. 61005. Coordination of required reviews.
† HR 22 EAS 
Sec. 61006. Delegated State permitting programs. 
Sec. 61007. Litigation, judicial review, and savings provision. 
Sec. 61008. Report to Congress. 
Sec. 61009. Funding for governance, oversight, and processing of environmental 
reviews and permits. 
Sec. 61010. Application. 
Sec. 61011. GAO Report. 
TITLE LXII—ADDITIONAL PROVISIONS 
Sec. 62001. Hire More Heroes. 
DIVISION G—SURFACE TRANSPORTATION EXTENSION 
Sec. 70001. Short title. 
TITLE LXXI—EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS 
Sec. 71001. Extension of Federal-aid highway programs. 
Sec. 71002. Administrative expenses. 
TITLE LXXII—TEMPORARY EXTENSION OF PUBLIC 
TRANSPORTATION PROGRAMS 
Sec. 72001. Formula grants for rural areas. 
Sec. 72002. Apportionment of appropriations for formula grants. 
Sec. 72003. Authorizations for public transportation. 
Sec. 72004. Bus and bus facilities formula grants. 
TITLE LXXIII—EXTENSION OF HIGHWAY SAFETY PROGRAMS 
Subtitle A—Extension of Highway Safety Programs 
Sec. 73101. Extension of National Highway Traffic Safety Administration high-
way safety programs. 
Sec. 73102. Extension of Federal Motor Carrier Safety Administration programs. 
Sec. 73103. Dingell-Johnson Sport Fish Restoration Act. 
Subtitle B—Hazardous Materials 
Sec. 73201. Authorization of appropriations. 
TITLE LXXIV—REVENUE PROVISIONS 
Sec. 74001. Extension of trust fund expenditure authority. 
DIVISION H—BUDGETARY EFFECTS 
Sec. 80001. Budgetary effects. 
Sec. 80002. Maintenance of highway trust fund cash balance. 
Sec. 80003. Prohibition on rescissions of certain contract authority. 
DIVISION I—EXPORT-IMPORT BANK OF THE UNITED STATES 
Sec. 90001. Short title.
† HR 22 EAS 
TITLE XCI—TAXPAYER PROTECTION PROVISIONS AND INCREASED 
ACCOUNTABILITY 
Sec. 91001. Reduction in authorized amount of outstanding loans, guarantees, 
and insurance. 
Sec. 91002. Increase in loss reserves. 
Sec. 91003. Review of fraud controls. 
Sec. 91004. Office of Ethics. 
Sec. 91005. Chief Risk Officer. 
Sec. 91006. Risk Management Committee. 
Sec. 91007. Independent audit of bank portfolio. 
Sec. 91008. Pilot program for reinsurance. 
TITLE XCII—PROMOTION OF SMALL BUSINESS EXPORTS 
Sec. 92001. Increase in small business lending requirements. 
Sec. 92002. Report on programs for small and medium-sized businesses. 
TITLE XCIII—MODERNIZATION OF OPERATIONS 
Sec. 93001. Electronic payments and documents. 
Sec. 93002. Reauthorization of information technology updating. 
TITLE XCIV—GENERAL PROVISIONS 
Sec. 94001. Extension of authority. 
Sec. 94002. Certain updated loan terms and amounts. 
TITLE XCV—OTHER MATTERS 
Sec. 95001. Prohibition on discrimination based on industry. 
Sec. 95002. Negotiations to end export credit financing. 
Sec. 95003. Study of financing for information and communications technology 
systems. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 4. EFFECTIVE DATE. 
Except as otherwise provided, divisions A, B, C, and 
D, including the amendments made by those divisions, take 
effect on October 1, 2015.
† HR 22 EAS 
DIVISION A—FEDERAL-AID HIGH-
WAYS AND HIGHWAY SAFETY 
CONSTRUCTION PROGRAMS 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 11001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account): 
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the 
national highway performance program under section 
119 of title 23, United States Code, the surface trans-
portation program under section 133 of that title, the 
highway safety improvement program under section 
148 of that title, the congestion mitigation and air 
quality improvement program under section 149 of 
that title, the national freight program under section 
167 of that title, the transportation alternatives pro-
gram under section 213 of that title, and to carry out 
section 134 of that title— 
(A) $39,579,500,000 for fiscal year 2016; 
(B) $40,771,300,000 for fiscal year 2017; 
(C) $42,127,100,000 for fiscal year 2018;
† HR 22 EAS 
(D) $43,476,400,000 for fiscal year 2019; 
(E) $44,570,700,000 for fiscal year 2020; 
and 
(F) $45,691,900,000 for fiscal year 2021. 
(2) TRANSPORTATION INFRASTRUCTURE FINANCE 
AND
INNOVATION
PROGRAM.—For credit assistance 
under the transportation infrastructure finance and 
innovation program under chapter 6 of title 23, 
United States Code, $300,000,000 for each of fiscal 
years 2016 through 2021. 
(3) FEDERAL
LANDS
AND
TRIBAL
TRANSPOR-
TATION PROGRAMS.— 
(A) TRIBAL TRANSPORTATION PROGRAM.— 
For the tribal transportation program under sec-
tion 202 of title 23, United States Code— 
(i) $465,000,000 for fiscal year 2016; 
(ii) $475,000,000 for fiscal year 2017; 
(iii) $485,000,000 for fiscal year 2018; 
(iv) $495,000,000 for fiscal year 2019; 
(v) $505,000,000 for fiscal year 2020; 
and 
(vi) $515,000,000 for fiscal year 2021. 
(B) FEDERAL LANDS TRANSPORTATION PRO-
GRAM.—
† HR 22 EAS 
(i) AUTHORIZATION.—For the Federal 
lands transportation program under section 
203 of title 23, United States Code— 
(I) $305,000,000 for fiscal year 
2016; 
(II) $310,000,000 for fiscal year 
2017; 
(III) $315,000,000 for fiscal year 
2018; 
(IV) $320,000,000 for fiscal year 
2019; 
(V) $325,000,000 for fiscal year 
2020; and 
(VI) $330,000,000 for fiscal year 
2021. 
(ii) SPECIAL RULE.— 
(I) $240,000,000 of the amount 
made available for each fiscal year 
shall be the amount for the National 
Park Service; and 
(II) $30,000,000 of the amount 
made available for each fiscal year 
shall be the amount for the United 
States Fish and Wildlife Service.
† HR 22 EAS 
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under sec-
tion 204 of title 23, United States Code— 
(i) $250,000,000 for fiscal year 2016; 
(ii) $255,000,000 for fiscal year 2017; 
(iii) $260,000,000 for fiscal year 2018; 
(iv) $265,000,000 for fiscal year 2019; 
(v) $270,000,000 for fiscal year 2020; 
and 
(vi) $275,000,000 for fiscal year 2021. 
(4) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—For the territorial and Puerto Rico high-
way program under section 165 of title 23, United 
States Code, $190,000,000 for each of fiscal years 
2016 through 2021. 
(5) ASSISTANCE
FOR
MAJOR
PROJECTS
PRO-
GRAM.—For the assistance for major projects program 
under section 171 of title 23, United States Code— 
(A) $250,000,000 for fiscal year 2016; 
(B) $300,000,000 for fiscal year 2017; 
(C) $350,000,000 for fiscal year 2018; 
(D) $400,000,000 for fiscal year 2019; 
(E) $400,000,000 for fiscal year 2020; and 
(F) $400,000,000 for fiscal year 2021.
† HR 22 EAS 
(b) RESEARCH, TECHNOLOGY, AND EDUCATION AU-
THORIZATIONS.— 
(1) IN GENERAL.—The following sums are au-
thorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account): 
(A) HIGHWAY
RESEARCH
AND
DEVELOP-
MENT PROGRAM.—To carry out the highway re-
search and development program under section 
503(b) 
of 
title 
23, 
United 
States 
Code, 
$130,000,000 for each of fiscal years 2016 
through 2021. 
(B) TECHNOLOGY AND INNOVATION DEPLOY-
MENT PROGRAM.—To carry out the technology 
and innovation deployment program under sec-
tion 503(c) of title 23, United States Code, 
$62,500,000 for each of fiscal years 2016 through 
2021. 
(C) TRAINING AND EDUCATION.—To carry 
out training and education under section 504 of 
title 23, United States Code, $24,000,000 for 
each of fiscal years 2016 through 2021. 
(D) INTELLIGENT
TRANSPORTATION
SYS-
TEMS PROGRAM.—To carry out the intelligent 
transportation systems program under sections 
512 through 518 of title 23, United States Code,
† HR 22 EAS 
$100,000,000 for each of fiscal years 2016 
through 2021. 
(E) UNIVERSITY TRANSPORTATION CENTERS 
PROGRAM.—To carry out the university trans-
portation centers program under section 5505 of 
title 49, United States Code, $72,500,000 for 
each of fiscal years 2016 through 2021. 
(2) BUREAU OF TRANSPORTATION STATISTICS.— 
There are authorized to be appropriated out of the 
general fund of the Treasury to carry out chapter 63 
of title 49, United States Code, $26,000,000 for each 
of fiscal years 2016 through 2021. 
(3) ADMINISTRATION.—The Federal Highway 
Administration shall administer the programs de-
scribed in subparagraphs (D) and (E) of paragraph 
(1). 
(4) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by 
paragraph (1) shall— 
(A) be available for obligation in the same 
manner as if those funds were apportioned under 
chapter 1 of title 23, United States Code; 
(B) remain available until expended; and 
(C) not be transferable. 
(c) DISADVANTAGED BUSINESS ENTERPRISES.—
† HR 22 EAS 
(1) FINDINGS.—Congress finds that— 
(A) while significant progress has occurred 
due to the establishment of the disadvantaged 
business enterprise program, discrimination and 
related barriers continue to pose significant ob-
stacles for minority- and women-owned busi-
nesses seeking to do business in federally assisted 
surface transportation markets across the United 
States; 
(B) the continuing barriers described in 
subparagraph (A) merit the continuation of the 
disadvantaged business enterprise program; 
(C) Congress has received and reviewed tes-
timony and documentation of race and gender 
discrimination from numerous sources, including 
congressional hearings and roundtables, scientific 
reports, reports issued by public and private 
agencies, news stories, reports of discrimination 
by organizations and individuals, and discrimi-
nation lawsuits, which show that race- and gen-
der-neutral efforts alone are insufficient to ad-
dress the problem; 
(D) the testimony and documentation de-
scribed in subparagraph (C) demonstrate that 
discrimination across the United States poses a
† HR 22 EAS 
barrier to full and fair participation in surface 
transportation-related businesses of women busi-
ness owners and minority business owners and 
has impacted firm development and many as-
pects of surface transportation-related business 
in the public and private markets; and 
(E) the testimony and documentation de-
scribed in subparagraph (C) provide a strong 
basis that there is a compelling need for the con-
tinuation of the disadvantaged business enter-
prise program to address race and gender dis-
crimination in surface transportation-related 
business. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN
GENERAL.—The term ‘‘small 
business concern’’ means a small business 
concern (as the term is used in section 3 of 
the Small Business Act (15 U.S.C. 632)). 
(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any con-
cern or group of concerns controlled by the 
same socially and economically disadvan-
taged individual or individuals that have
† HR 22 EAS 
average annual gross receipts during the 
preceding 3 fiscal years in excess of 
$23,980,000, as adjusted annually by the 
Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED INDIVIDUALS.—The term ‘‘socially 
and economically disadvantaged individuals’’ 
has the meaning given the term in section 8(d) 
of the Small Business Act (15 U.S.C. 637(d)) 
and relevant subcontracting regulations issued 
pursuant to that Act, except that women shall be 
presumed to be socially and economically dis-
advantaged individuals for purposes of this sub-
section. 
(3) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary deter-
mines otherwise, not less than 10 percent of the 
amounts made available for any program under divi-
sions A and B of this Act and section 403 of title 23, 
United States Code, shall be expended through small 
business concerns owned and controlled by socially 
and economically disadvantaged individuals. 
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually—
† HR 22 EAS 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (2) in 
the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for the 
purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) shall 
include, with respect to a potential small busi-
ness concern— 
(i) on-site visits;
† HR 22 EAS 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; 
and 
(x) analyses of the type of work pre-
ferred. 
(6) REPORTING.—The Secretary shall establish 
minimum requirements for use by State governments 
in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Secretary 
determines to be appropriate for the proper mon-
itoring of the disadvantaged business enterprise 
program. 
(7) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available
† HR 22 EAS 
under divisions A and B of this Act and section 403 
of title 23, United States Code, if the individual or 
entity is prevented, in whole or in part, from com-
plying with paragraph (2) because a Federal court 
issues a final order in which the court finds that a 
requirement or the implementation of paragraph (2) 
is unconstitutional. 
(d) CONFORMING AMENDMENT.—Section 1101(b) of 
MAP–21 (Public Law 112–141; 126 Stat. 414) is repealed. 
SEC. 11002. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection (e), 
and notwithstanding any other provision of law, the obliga-
tions for Federal-aid highway and highway safety construc-
tion programs shall not exceed— 
(1) $41,625,500,000 for fiscal year 2016; 
(2) $42,896,300,000 for fiscal year 2017; 
(3) $44,331,100,000 for fiscal year 2018; 
(4) $45,759,400,000 for fiscal year 2019; 
(5) $46,882,700,000 for fiscal year 2020; and 
(6) $48,032,900,000 for fiscal year 2021. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
(1) section 125 of title 23, United States Code;
† HR 22 EAS 
(2) section 147 of the Surface Transportation As-
sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 
2714); 
(3) section 9 of the Federal-Aid Highway Act of 
1981 (95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (96 
Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (101 Stat. 198); 
(6) sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 
Stat. 2027); 
(7) section 157 of title 23, United States Code 
(as in effect on June 8, 1998); 
(8) section 105 of title 23, United States Code 
(as in effect for fiscal years 1998 through 2004, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(9) section 105 of title 23, United States Code 
(as in effect for fiscal years 2005 through 2012, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years);
† HR 22 EAS 
(10) Federal-aid highway programs for which 
obligation authority was made available under the 
Transportation Equity Act for the 21st Century (112 
Stat. 107) or subsequent Acts for multiple years or to 
remain available until expended, but only to the ex-
tent that the obligation authority has not lapsed or 
been used; 
(11) section 1603 of SAFETEA–LU (23 U.S.C. 
118 note; 119 Stat. 1248), to the extent that funds ob-
ligated in accordance with that section were not sub-
ject to a limitation on obligations at the time at 
which the funds were initially made available for ob-
ligation; 
(12) section 119 of title 23, United States Code 
(as in effect for fiscal years 2013 through 2015, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); and 
(13) section 119 of title 23, United States Code 
(but, for each of fiscal years 2016 through 2021, only 
in an amount equal to $639,000,000 for each of those 
fiscal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 
each of fiscal years 2016 through 2021, the Secretary 
shall—
† HR 22 EAS 
(1) not distribute obligation authority provided 
by subsection (a) for the fiscal year for— 
(A) amounts authorized for administrative 
expenses and programs by section 104(a) of title 
23, United States Code; and 
(B) amounts authorized for the Bureau of 
Transportation Statistics; 
(2) not distribute an amount of obligation au-
thority provided by subsection (a) that is equal to the 
unobligated balance of amounts— 
(A) made available from the Highway Trust 
Fund (other than the Mass Transit Account) for 
Federal-aid highway and highway safety con-
struction programs for previous fiscal years the 
funds for which are allocated by the Secretary 
(or apportioned by the Secretary under section 
202 or 204 of title 23, United States Code); and 
(B) for which obligation authority was pro-
vided in a previous fiscal year; 
(3) determine the proportion that— 
(A) an amount equal to the difference be-
tween— 
(i) the obligation authority provided 
by subsection (a) for the fiscal year; and
† HR 22 EAS 
(ii) the aggregate amount not distrib-
uted under paragraphs (1) and (2); bears to 
(B) an amount equal to the difference be-
tween— 
(i) the total of the sums authorized to 
be appropriated for the Federal-aid high-
way and highway safety construction pro-
grams (other than sums authorized to be 
appropriated for provisions of law described 
in paragraphs (1) through (12) of sub-
section (b) and sums authorized to be ap-
propriated for section 119 of title 23, 
United States Code, equal to the amount re-
ferred to in subsection (b)(13) for the fiscal 
year); and 
(ii) the aggregate amount not distrib-
uted under paragraphs (1) and (2); 
(4) distribute the obligation authority provided 
by subsection (a), less the aggregate amount not dis-
tributed under paragraphs (1) and (2), for each of the 
programs (other than programs to which paragraph 
(1) applies) that are allocated by the Secretary under 
this Act and title 23, United States Code, or appor-
tioned by the Secretary under section 202 or 204 of 
that title, by multiplying—
† HR 22 EAS 
(A) the proportion determined under para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal year; 
and 
(5) distribute the obligation authority provided 
by subsection (a), less the aggregate amount not dis-
tributed under paragraphs (1) and (2) and the 
amounts distributed under paragraph (4), for Fed-
eral-aid highway and highway safety construction 
programs that are apportioned by the Secretary 
under title 23, United States Code, (other than the 
amounts apportioned for the national highway per-
formance program under section 119 of title 23, 
United States Code, that are exempt from the limita-
tion under subsection (b)(13) and the amounts appor-
tioned under sections 202 and 204 of that title) in the 
proportion that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned under title 
23, United States Code, to each State for the fis-
cal year; bears to 
(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
† HR 22 EAS 
portioned under title 23, United States Code, to 
all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2016 through 
2021— 
(1) revise a distribution of the obligation author-
ity made available under subsection (c) if an amount 
distributed cannot be obligated during that fiscal 
year; and 
(2) redistribute sufficient amounts to those States 
able to obligate amounts in addition to those pre-
viously distributed during that fiscal year, giving pri-
ority to those States having large unobligated bal-
ances of funds apportioned under sections 144 (as in 
effect on the day before the date of enactment of 
MAP–21 (126 Stat. 405)) and 104 of title 23, United 
States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for trans-
portation research programs carried out under chap-
ter 5 of title 23, United States Code.
† HR 22 EAS 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall— 
(A) remain available for a period of 4 fiscal 
years; and 
(B) be in addition to the amount of any 
limitation imposed on obligations for Federal- 
aid highway and highway safety construction 
programs for future fiscal years. 
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2016 through 
2021, the Secretary shall distribute to the States any 
funds (excluding funds authorized for the program 
under section 202 of title 23, United States Code) 
that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be al-
located to the States (or will not be apportioned 
to the States under section 204 of title 23, 
United States Code), and will not be available 
for obligation, for the fiscal year because of the
† HR 22 EAS 
imposition of any obligation limitation for the 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the distribu-
tion of obligation authority under subsection (c)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
purpose described in section 133(b) of title 23, United 
States Code. 
SEC. 11003. APPORTIONMENT. 
(a) IN GENERAL.—Section 104 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1) by striking subpara-
graphs (A) and (B) and inserting the following: 
‘‘(A) $456,000,000 for fiscal year 2016; 
‘‘(B) $465,000,000 for fiscal year 2017; 
‘‘(C) $474,000,000 for fiscal year 2018; 
‘‘(D) $483,000,000 for fiscal year 2019; 
‘‘(E) $492,000,000 for fiscal year 2020; and 
‘‘(F) $501,000,000 for fiscal year 2021.’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘and the congestion mitigation and 
air quality improvement program’’ and insert-
ing ‘‘the congestion mitigation and air quality
† HR 22 EAS 
improvement program, the national freight pro-
gram’’; 
(B) in each of paragraphs (1), (2), and (3) 
by striking ‘‘paragraphs (4) and (5)’’ each place 
it appears and inserting ‘‘paragraphs (4), (5), 
and (6), and section 213(a)’’; 
(C) in paragraph (1), by striking ‘‘63.7 per-
cent’’ and inserting ‘‘65 percent’’; 
(D) in paragraph (2), by striking ‘‘29.3 
percent’’ and inserting ‘‘29 percent’’; 
(E) in paragraph (3), by striking ‘‘7 per-
cent’’ and inserting ‘‘6 percent’’; 
(F) in paragraph (4), in the matter pre-
ceding subparagraph (A), by striking ‘‘deter-
mined for the State under subsection (c)’’ and 
inserting ‘‘remaining under subsection (c) after 
making the set-asides in accordance with para-
graph (5) and section 213(a)’’; 
(G) by redesignating paragraph (5) as 
paragraph (6); 
(H) by inserting after paragraph (4) the 
following: 
‘‘(5) NATIONAL FREIGHT PROGRAM.— 
‘‘(A) IN GENERAL.—For the national freight 
program under section 167, the Secretary shall
† HR 22 EAS 
set aside from the amount determined for a State 
under subsection (c) an amount determined for 
the State under subparagraphs (B) and (C). 
‘‘(B) TOTAL
AMOUNT.—The total amount 
set aside for the national freight program for all 
States shall be— 
‘‘(i) $1,000,000,000 for fiscal year 
2016; 
‘‘(ii) $1,450,000,000 for fiscal year 
2017; 
‘‘(iii) $2,000,000,000 for fiscal year 
2018; 
‘‘(iv) $2,300,000,000 for fiscal year 
2019; 
‘‘(v) $2,400,000,000 for fiscal year 
2020; and 
‘‘(vi) $2,500,000,000 for fiscal year 
2021. 
‘‘(C) STATE SHARE.—The Secretary shall 
distribute among the States the total set-aside 
amount for the national freight program under 
subparagraph (B) so that each State receives an 
amount equal to the proportion that—
† HR 22 EAS 
‘‘(i) the total apportionment deter-
mined under subsection (c) for a State; 
bears to 
‘‘(ii) the total apportionments for all 
States. 
‘‘(D) METROPOLITAN
PLANNING.—Of the 
amount set aside under this paragraph for a 
State, the Secretary shall use to carry out section 
134 an amount determined by multiplying the 
set-aside amount by the proportion that— 
‘‘(i) the amount apportioned to the 
State to carry out section 134 for fiscal 
year 2009; bears to 
‘‘(ii) the total amount of funds appor-
tioned to the State for that fiscal year for 
the 
programs 
referred 
to 
in 
section 
105(a)(2), except for the high priority 
projects program referred to in section 
105(a)(2)(H) (as in effect on the day before 
the date of enactment of MAP–21 (Public 
Law 112–141; 126 Stat. 405).’’; and 
(I) in paragraph (6) (as redesignated by 
subparagraph (G)), in the matter preceding sub-
paragraph (A), by striking ‘‘determined for the 
State under subsection (c)’’ and inserting ‘‘re-
† HR 22 EAS 
maining under subsection (c) after making the 
set-asides in accordance with paragraph (5) and 
section 213(a)’’; and 
(3) in subsection (c) by adding at the end the fol-
lowing: 
‘‘(3) FOR FISCAL YEARS 2016 THROUGH 2021.— 
‘‘(A) STATE
SHARE.—For each of fiscal 
years 2016 through 2021, the amount for each 
State of combined apportionments for the na-
tional highway performance program under sec-
tion 119, the surface transportation program 
under section 133, the highway safety improve-
ment program under section 148, the congestion 
mitigation and air quality improvement pro-
gram under section 149, the national freight pro-
gram under section 167, the transportation alter-
natives program under section 213, and to carry 
out section 134, shall be determined as follows: 
‘‘(i) INITIAL
AMOUNT.—The initial 
amount for each State shall be determined 
by multiplying the total amount available 
for apportionment by the share for each 
State, which shall be equal to the proportion 
that—
† HR 22 EAS 
‘‘(I) the amount of apportion-
ments that the State received for fiscal 
year 2014; bears to 
‘‘(II) the amount of those appor-
tionments received by all States for 
that fiscal year. 
‘‘(ii) ADJUSTMENTS
TO
AMOUNTS.— 
The initial amounts resulting from the cal-
culation under clause (i) shall be adjusted 
to ensure that, for each State, the amount of 
combined apportionments for the programs 
shall not be less than 95 percent of the esti-
mated tax payments attributable to high-
way users in the State paid into the High-
way Trust Fund (other than the Mass 
Transit Account) in the most recent fiscal 
year for which data are available. 
‘‘(B) STATE APPORTIONMENT.—For each of 
fiscal years 2016 through 2021, on October 1, the 
Secretary shall apportion the sum authorized to 
be appropriated for expenditure on the national 
highway performance program under section 
119, the surface transportation program under 
section 133, the highway safety improvement 
program under section 148, the congestion miti-
† HR 22 EAS 
gation and air quality improvement program 
under section 149, the national freight program 
under section 167, the transportation alter-
natives program under section 213, and to carry 
out section 134 in accordance with subparagraph 
(A).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 104(d)(1)(A) of title 23, United 
States Code, is amended by striking ‘‘subsection 
(b)(5)’’ each place it appears and inserting ‘‘para-
graphs (5)(D) and (6) of subsection (b)’’. 
(2) Section 120(c)(3) of title 23, United States 
Code, is amended— 
(A) in subparagraph (A), in the matter pre-
ceding clause (i), by striking ‘‘or (5)’’ and insert-
ing ‘‘(5)(D), or (6)’’; and 
(B) in subparagraph (C)(i), by striking 
‘‘and (5)’’ and inserting ‘‘(5)(D), and (6)’’. 
(3) Section 135(i) of title 23, United States 
Code, is amended by striking ‘‘section 104(b)(5)’’ and 
inserting ‘‘paragraphs (5)(D) and (6) of section 
104(b)’’. 
(4) Section 136(b) of title 23, United States 
Code, is amended in the first sentence by striking 
‘‘paragraphs (1) through (5) of section 104(b)’’ and
† HR 22 EAS 
inserting ‘‘paragraphs (1) through (6) of section 
104(b)’’. 
(5) Section 141(b)(2) of title 23, United States 
Code, is amended by striking ‘‘paragraphs (1) 
through (5) of section 104(b)’’ and inserting ‘‘para-
graphs (1) through (6) of section 104(b)’’. 
(6) Section 505(a) of title 23, United States 
Code, is amended in the matter preceding paragraph 
(1) by striking ‘‘through (4)’’ and inserting ‘‘through 
(5)’’. 
SEC. 11004. SURFACE TRANSPORTATION PROGRAM. 
Section 133 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (10), by inserting ‘‘, in-
cluding emergency evacuation plans’’ after ‘‘pro-
grams’’; and 
(B) in paragraph (13), by adding a period 
at the end; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking the semi-
colon at the end and inserting ‘‘or for projects 
described in paragraphs (2), (4), (6), (7), (11), 
(20), (25), and (26) of subsection (b); and’’; 
(B) by striking paragraph (2); and
† HR 22 EAS 
(C) by redesignating paragraph (3) as 
paragraph (2); 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘50 percent’’ and in-
serting ‘‘55 percent’’; and 
(II) in clause (ii), by striking 
‘‘greater than 5,000’’ and inserting ‘‘of 
5,000 or more’’; and 
(ii) in subparagraph (B), by striking 
‘‘50 percent’’ and inserting ‘‘45 percent’’; 
and 
(B) in paragraph (3)— 
(i) by striking ‘‘paragraph (1)(A)(ii)’’ 
and inserting ‘‘paragraph (1)(A)(iii)’’; and 
(ii) by striking ‘‘greater than 5,000 
and less than 200,000’’ and inserting ‘‘of 
5,000 to 200,000’’; 
(4) in subsection (f)(1)— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(2)’’; and
† HR 22 EAS 
(B) by striking ‘‘the period of fiscal years 
2011 through 2014’’ and inserting ‘‘each fiscal 
year’’; 
(5) by redesignating subsection (h) as subsection 
(i); 
(6) in subsection (g)— 
(A) by striking the subsection designation 
and heading and all that follows through para-
graph (1) and inserting the following: 
‘‘(g) BRIDGES OFF THE NATIONAL HIGHWAY SYS-
TEM.— 
‘‘(1) DEFINITION OF OFF-NHS BRIDGE.—In this 
subsection, the term ‘off-NHS bridge’ means a high-
way bridge located on a public road, other than a 
bridge on the National Highway System.’’; and 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) SET-ASIDE.—Each State shall obligate 
for replacement (including replacement with fill 
material), rehabilitation, preservation, and pro-
tection (including scour countermeasures, seismic 
retrofits, impact protection measures, security 
countermeasures, and protection against extreme
† HR 22 EAS 
events) for off-NHS bridges an amount equal to 
the greater of— 
‘‘(i) 15 percent of the amount appor-
tioned to the State under section 104(b)(2); 
and 
‘‘(ii) an amount equal to at least 110 
percent of the amount of funds set aside for 
bridges not on Federal-aid highways in the 
State for fiscal year 2014.’’; 
(ii) in subparagraph (B), by striking 
‘‘off-system’’ and inserting ‘‘off-NHS’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) SET-ASIDE
FOR
CERTAIN
OFF-NHS 
BRIDGES.—Each State shall obligate an amount 
equal to not less than 50 percent of the amount 
set aside under subparagraph (A) for off-NHS 
bridges located on public roads that are not Fed-
eral-aid highways.’’; and 
(C) by redesignating paragraph (3) as sub-
section (h); 
(7) in subsection (h) (as so redesignated)— 
(A) by striking the heading and inserting 
‘‘CREDIT FOR BRIDGES NOT ON THE NATIONAL 
HIGHWAY SYSTEM.—’’;
† HR 22 EAS 
(B) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2), respectively, 
and indenting appropriately; and 
(C) in the matter preceding paragraph (1) 
(as so redesignated)— 
(i) by striking ‘‘the replacement of a 
bridge or rehabilitation of’’; and 
(ii) by striking ‘‘, and is determined 
by the Secretary upon completion to be no 
longer a deficient bridge’’; 
(8) in subsection (i)(1) (as redesignated by para-
graph 
(5)), 
by 
striking 
‘‘under 
subsection 
(d)(1)(A)(iii) for each of fiscal years 2013 through 
2014’’ and inserting ‘‘under subsection (d)(1)(A)(ii) 
for each fiscal year’’; and 
(9) by adding at the end the following: 
‘‘(j) BORDER STATES.— 
‘‘(1) IN GENERAL.—After consultation with rel-
evant transportation planning organizations, the 
Governor of a State that shares a land border with 
Canada or Mexico may designate for each fiscal year 
not more than 5 percent of funds made available to 
the State under subsection (d)(1)(B) for border infra-
structure projects eligible under section 1303 of
† HR 22 EAS 
SAFETEA–LU (23 U.S.C. 101 note; Public Law 
109–59). 
‘‘(2) USE OF FUNDS.—Funds designated under 
this subsection shall be available under the require-
ments of section 1303 of SAFETEA–LU (23 U.S.C. 
101 note; Public Law 109–59). 
‘‘(3) CERTIFICATION.—Before making a designa-
tion under paragraph (1), the Governor shall certify 
that the designation is consistent with transportation 
planning requirements under this title. 
‘‘(4) NOTIFICATION.—Not later than 30 days 
after making a designation under paragraph (1), the 
Governor shall submit to the relevant transportation 
planning organizations within the border region a 
written notification of any suballocated or distributed 
amount of funds available for obligation by jurisdic-
tion. 
‘‘(5) LIMITATION.—This subsection applies only 
to funds apportioned to a State after the date of en-
actment of the DRIVE Act. 
‘‘(6) DEADLINE FOR DESIGNATION.—A designa-
tion under paragraph (1) shall— 
‘‘(A) be submitted to the Secretary not later 
than 30 days before the beginning of the fiscal
† HR 22 EAS 
year for which the designation is being made; 
and 
‘‘(B) remain in effect for the funds des-
ignated under paragraph (1) for a fiscal year 
until the Governor of the State notifies the Sec-
retary of the termination of the designation. 
‘‘(7) 
UNOBLIGATED
FUNDS
AFTER
TERMI-
NATION.—On the date of a termination under para-
graph (6)(B), all remaining unobligated funds that 
were designated under paragraph (1) for the fiscal 
year for which the designation is being terminated 
shall be made available to the State for the purposes 
described in subsection (d)(1)(B).’’. 
SEC. 11005. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(1), by inserting ‘‘resilient’’ 
before ‘‘surface transportation systems’’; 
(2) in subsection (c)(2), by striking ‘‘and bicycle 
transportation facilities’’ and inserting ‘‘, bicycle 
transportation facilities, intermodal facilities that 
support intercity transportation, including intercity 
buses and intercity bus facilities, and commuter van-
pool providers’’; 
(3) in subsection (d)—
† HR 22 EAS 
(A) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (4) through (7), re-
spectively; 
(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) REPRESENTATION.— 
‘‘(A) IN GENERAL.—Designation or selection 
of officials or representatives under paragraph 
(2) shall be determined by the metropolitan 
planning organization according to the bylaws 
or enabling statute of the organization. 
‘‘(B) PUBLIC TRANSPORTATION REPRESENT-
ATIVE.—Subject to the bylaws or enabling statute 
of the metropolitan planning organization, a 
representative of a provider of public transpor-
tation may also serve as a representative of a 
local municipality. 
‘‘(C) POWERS OF CERTAIN OFFICIALS.—An 
official described in paragraph (2)(B) shall have 
responsibilities, actions, duties, voting rights, 
and any other authority commensurate with 
other officials described in paragraph (2)(B).’’; 
and
† HR 22 EAS 
(C) in paragraph (5) (as redesignated by 
subparagraph (A)), by striking ‘‘paragraph (5)’’ 
and inserting ‘‘paragraph (6)’’; 
(4) in subsection (e)(4)(B), by striking ‘‘sub-
section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 
(5) in subsection (g)(3)(A), by inserting ‘‘natural 
disaster risk reduction,’’ after ‘‘environmental protec-
tion,’’; 
(6) in subsection (h)— 
(A) in paragraph (1)— 
(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) improve the resilience and reliability of 
the transportation system.’’; and 
(B) in paragraph (2)(A), by striking ‘‘and 
in section 5301(c) of title 49’’ and inserting 
‘‘and the general purposes described in section 
5301 of title 49’’; 
(7) in subsection (i)— 
(A) in paragraph (2)—
† HR 22 EAS 
(i) in subparagraph (A)(i), by striking 
‘‘transit’’ and inserting ‘‘public transpor-
tation facilities, intercity bus facilities’’; 
(ii) in subparagraph (G)— 
(I) by striking ‘‘and provide’’ and 
inserting ‘‘, provide’’; and 
(II) by inserting ‘‘, and reduce 
vulnerability due to natural disasters 
of the existing transportation infra-
structure’’ before the period at the end; 
and 
(iii) in subparagraph (H), by insert-
ing ‘‘, including consideration of the role 
that intercity buses may play in reducing 
congestion, pollution, and energy consump-
tion in a cost-effective manner and strate-
gies and investments that preserve and en-
hance intercity bus systems, including sys-
tems that are privately owned and oper-
ated’’ before the period at the end; 
(B) in paragraph (6)(A)— 
(i) by inserting ‘‘public ports,’’ before 
‘‘freight shippers,’’; and 
(ii) by inserting ‘‘(including intercity 
bus operators and commuter vanpool pro-
† HR 22 EAS 
viders)’’ after ‘‘private providers of trans-
portation’’; and 
(C) in paragraph (8), by striking ‘‘(2)(C)’’ 
each place it appears and inserting ‘‘(2)(E)’’; 
(8) in subsection (j)(5)(A), by striking ‘‘sub-
section (k)(4)’’ and inserting ‘‘subsection (k)(3)’’; 
(9) in subsection (k)— 
(A) by striking paragraph (3); and 
(B) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively; 
(10) in subsection (l)— 
(A) in paragraph (1), by adding a period 
at the end; and 
(B) in paragraph (2)(D), by striking ‘‘of 
less than 200,000’’ and inserting ‘‘with a popu-
lation of 200,000 or less’’; 
(11) by striking subsection (n); 
(12) by redesignating subsections (o) through (q) 
as subsections (n) through (p), respectively; 
(13) in subsection (o) (as so redesignated), by 
striking ‘‘set aside under section 104(f)’’ and insert-
ing ‘‘apportioned under paragraphs (5)(D) and (6) of 
section 104(b)’’ ; and 
(14) by adding at the end the following: 
‘‘(q) TREATMENT OF LAKE TAHOE REGION.—
† HR 22 EAS 
‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In 
this subsection, the term ‘Lake Tahoe Region’ has the 
meaning given the term ‘region’ in subsection (a) of 
Article II of the Lake Tahoe Regional Planning Com-
pact (Public Law 96–551; 94 Stat. 3234). 
‘‘(2) TREATMENT.—For the purpose of this title, 
the Lake Tahoe Region shall be treated as— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a transportation management area 
under subsection (k); and 
‘‘(C) an urbanized area, which is comprised 
of a population of 145,000 in the State of Cali-
fornia and a population of 65,000 in the State 
of Nevada. 
‘‘(3) SUBALLOCATED FUNDING.— 
‘‘(A) SECTION 133.—When determining the 
amount under subparagraph (A) of section 
133(d)(1) that shall be obligated for a fiscal year 
in the States of California and Nevada under 
clauses (i), (ii), and (iii) of that subparagraph, 
the Secretary shall, for each of those States— 
‘‘(i) calculate the population under 
each of those clauses; 
‘‘(ii) decrease the amount under section 
133(d)(1)(A)(iii) by the population specified
† HR 22 EAS 
in paragraph (2) of this subsection for the 
Lake Tahoe Region in that State; and 
‘‘(iii) increase the amount under sec-
tion 133(d)(1)(A)(i) by the population spec-
ified in paragraph (2) of this subsection for 
the Lake Tahoe Region in that State. 
‘‘(B) SECTION 213.—When determining the 
amount under paragraph (1) of section 213(c) 
that shall be obligated for a fiscal year in the 
States of California and Nevada under subpara-
graphs (A), (B), and (C) of that paragraph, the 
Secretary shall, for each of those States— 
‘‘(i) calculate the population under 
each of those subparagraphs; 
‘‘(ii) decrease the amount under section 
213(c)(1)(C) by the population specified in 
paragraph (2) of this subsection for the 
Lake Tahoe Region in that State; and 
‘‘(iii) increase the amount under sec-
tion 213(c)(1)(A) by the population speci-
fied in paragraph (2) of this subsection for 
the Lake Tahoe Region in that State.’’.
† HR 22 EAS 
SEC. 11006. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
(a) IN GENERAL.—Section 135 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(2), by striking ‘‘and bicycle 
transportation facilities’’ and inserting ‘‘, bicycle 
transportation facilities, intermodal facilities that 
support intercity transportation, including intercity 
buses and intercity bus facilities, and commuter van-
pool providers’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(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) improve the resilience and reliability of 
the transportation system.’’; and 
(B) in paragraph (2)(A), by striking ‘‘and 
in section 5301(c) of title 49’’ and inserting 
‘‘and the general purposes described in section 
5301 of title 49’’;
† HR 22 EAS 
(3) in subsection (e)(1), by striking ‘‘subsection 
(m)’’ and inserting ‘‘subsection (l)’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(B)(i), by striking 
‘‘subsection (m)’’ and inserting ‘‘subsection (l)’’; 
(B) in paragraph (3)(A)— 
(i) in clause (i), by striking ‘‘sub-
section (m)’’ and inserting ‘‘subsection (l)’’; 
and 
(ii) in clause (ii), by inserting ‘‘(in-
cluding intercity bus operators and com-
muter vanpool providers)’’ after ‘‘private 
providers of transportation’’; 
(C) in paragraph (7), in the matter pre-
ceding subparagraph (A), by striking ‘‘should’’ 
and inserting ‘‘shall’’; and 
(D) in paragraph (8), by inserting ‘‘, in-
cluding consideration of the role that intercity 
buses may play in reducing congestion, pollu-
tion, and energy consumption in a cost-effective 
manner and strategies and investments that pre-
serve and enhance intercity bus systems, includ-
ing systems that are privately owned and oper-
ated’’ before the period at the end; 
(5) in subsection (g)—
† HR 22 EAS 
(A) in paragraph (2)(B)(i), by striking 
‘‘subsection (m)’’ and inserting ‘‘subsection (l)’’; 
(B) in paragraph (3)— 
(i) by inserting ‘‘public ports,’’ before 
‘‘freight shippers’’; and 
(ii) by inserting ‘‘(including intercity 
bus operators),’’ after ‘‘private providers of 
transportation’’; and 
(C) in paragraph (6)(A), by striking ‘‘sub-
section (m)’’ and inserting ‘‘subsection (l)’’; 
(6) by striking subsection (j); and 
(7) by redesignating subsections (k) through (m) 
as subsections (j) through (l), respectively. 
(b) CONFORMING AMENDMENTS.—Section 134(b)(5) of 
title 23, United States Code, is amended by striking ‘‘sec-
tion 135(m)’’ and inserting ‘‘section 135(l)’’. 
SEC. 11007. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143(b) of title 23, United States Code, is 
amended by striking paragraph (2)(A) and inserting the 
following: 
‘‘(A) IN
GENERAL.—From administrative 
funds made available under section 104(a), the 
Secretary shall deduct such sums as are nec-
essary, not to exceed $4,000,000 for each fiscal 
year, to carry out this section.’’.
† HR 22 EAS 
SEC. 11008. BUNDLING OF BRIDGE PROJECTS. 
Section 144 of title 23, United States Code, is amend-
ed— 
(1) in subsection (c)(2)(A), by striking ‘‘the nat-
ural condition of the bridge’’ and inserting ‘‘the nat-
ural condition of the water’’; 
(2) by redesignating subsection (j) as subsection 
(k); 
(3) by inserting after subsection (i) the following: 
‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 
‘‘(1) PURPOSE.—The purpose of this subsection 
is to save costs and time by encouraging States to 
bundle multiple bridge projects as 1 project. 
‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this 
subsection, the term ‘eligible entity’ means an entity 
eligible to carry out a bridge project under section 
119 or 133. 
‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli-
gible entity may bundle 2 or more similar bridge 
projects that are— 
‘‘(A) eligible projects under section 119 or 
133; 
‘‘(B) included as a bundled project in a 
transportation improvement program under sec-
tion 134(j) or a statewide transportation im-
† HR 22 EAS 
provement program under section 135, as appli-
cable; and 
‘‘(C) awarded to a single contractor or con-
sultant pursuant to a contract for engineering 
and design or construction between the con-
tractor and an eligible entity. 
‘‘(4) ITEMIZATION.—Notwithstanding any other 
provision of law (including regulations), an eligible 
bridge project included in a bundle under this sub-
section may be listed as— 
‘‘(A) 1 project for purposes of sections 134 
and 135; and 
‘‘(B) a single project within the applicable 
bundle. 
‘‘(5) 
FINANCIAL
CHARACTERISTICS.—Projects 
bundled under this subsection shall have the same fi-
nancial characteristics, including— 
‘‘(A) the same funding category or sub-
category; and 
‘‘(B) the same Federal share.’’; and 
(4) in subsection (k)(2) (as redesignated by para-
graph (2)), by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(2)’’.
† HR 22 EAS 
SEC. 11009. FLEXIBILITY FOR CERTAIN RURAL ROAD AND 
BRIDGE PROJECTS. 
(a) AUTHORITY.—With respect to rural road and rural 
bridge projects eligible for funding under title 23, United 
States Code, subject to the provisions of this section and 
on request by a State, the Secretary may— 
(1) exercise all existing flexibilities under and 
exceptions to— 
(A) the requirements of title 23, United 
States Code; and 
(B) other requirements administered by the 
Secretary, in whole or part; and 
(2) otherwise provide additional flexibility or ex-
pedited processing with respect to the requirements 
described in paragraph (1). 
(b) TYPES
OF PROJECTS.—A rural road or rural 
bridge project under this section shall— 
(1) be located in a county that, based on the 
most recent decennial census— 
(A) has a population density of 80 or fewer 
persons per square mile of land area; or 
(B) is the county that has the lowest popu-
lation density of all counties in the State; 
(2) be located within the operational right-of- 
way (as defined in section 1316(b) of MAP–21 (23
† HR 22 EAS 
U.S.C. 109 note; 126 Stat. 549)) of an existing road 
or bridge; and 
(3)(A) receive less than $5,000,000 of Federal 
funds; or 
(B) have a total estimated cost of not more 
than $30,000,000 and Federal funds comprising 
less than 15 percent of the total estimated project 
cost. 
(c) PROCESS TO ASSIST RURAL PROJECTS.— 
(1) 
ASSISTANCE
WITH
FEDERAL
REQUIRE-
MENTS.— 
(A) IN GENERAL.—For projects under this 
section, the Secretary shall seek to provide, to the 
maximum extent practicable, regulatory relief 
and flexibility consistent with this section. 
(B) EXCEPTIONS, EXEMPTIONS, AND ADDI-
TIONAL
FLEXIBILITY.—Exceptions, exemptions, 
and additional flexibility from regulatory re-
quirements may be granted if, in the opinion of 
the Secretary— 
(i) the project is not expected to have 
a significant adverse impact on the environ-
ment; 
(ii) the project is not expected to have 
an adverse impact on safety; and
† HR 22 EAS 
(iii) the assistance would be in the 
public interest for 1 or more reasons, in-
cluding— 
(I) reduced project costs; 
(II) expedited construction, par-
ticularly in an area where the con-
struction season is relatively short and 
not granting the waiver or additional 
flexibility could delay the project to a 
later construction season; or 
(III) improved safety. 
(2) MAINTAINING
PROTECTIONS.—Nothing in 
this subsection— 
(A) waives the requirements of section 113 
or 138 of title 23, United States Code; 
(B) supersedes, amends, or modifies— 
(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) or any 
other Federal environmental law; or 
(ii) any requirement of title 23, United 
States Code; or 
(C) affects the responsibility of any Federal 
officer to comply with or enforce any law or re-
quirement described in this paragraph.
† HR 22 EAS 
SEC. 11010. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
(a) CONSTRUCTION
OF FERRY BOATS
AND FERRY 
TERMINAL FACILITIES.—Section 147 of title 23, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘IN GENERAL’’ 
and inserting ‘‘PROGRAM’’; 
(2) by striking subsections (d) through (g) and 
inserting the following: 
‘‘(d) FORMULA.—Of the amounts allocated under sub-
section (c)— 
‘‘(1) 35 percent shall be allocated among eligible 
entities in the proportion that— 
‘‘(A) the number of ferry passengers, includ-
ing passengers in vehicles, carried by each ferry 
system in the most recent calendar year for 
which data is available; bears to 
‘‘(B) the number of ferry passengers, includ-
ing passengers in vehicles, carried by all ferry 
systems in the most recent calendar year for 
which data is available; 
‘‘(2) 35 percent shall be allocated among eligible 
entities in the proportion that— 
‘‘(A) the number of vehicles carried by each 
ferry system in the most recent calendar year for 
which data is available; bears to
† HR 22 EAS 
‘‘(B) the number of vehicles carried by all 
ferry systems in the most recent calendar year 
for which data is available; and 
‘‘(3) 30 percent shall be allocated among eligible 
entities in the proportion that— 
‘‘(A) the total route nautical miles serviced 
by each ferry system in the most recent calendar 
year for which data is available; bears to 
‘‘(B) the total route nautical miles serviced 
by all ferry systems in the most recent calendar 
year for which data is available. 
‘‘(e) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.— 
The Secretary shall— 
‘‘(1) withdraw amounts allocated to an eligible 
entity under subsection (c) that remain unobligated 
by the end of the third fiscal year following the fiscal 
year for which the amounts were allocated; and 
‘‘(2) in the subsequent fiscal year, redistribute 
the funds referred to in paragraph (1) in accordance 
with the formula under subsection (d) among eligible 
entities for which no amounts were withdrawn under 
paragraph (1). 
‘‘(f) MINIMUM AMOUNT.—Notwithstanding subsection 
(c), a State with an eligible entity that meets the require-
† HR 22 EAS 
ments of this section shall receive not less than $100,000 
under this section for a fiscal year. 
‘‘(g) IMPLEMENTATION.— 
‘‘(1) DATA COLLECTION.— 
‘‘(A) 
NATIONAL
FERRY
DATABASE.— 
Amounts made available for a fiscal year under 
this section shall be allocated using the most re-
cent data available, as collected and imputed in 
accordance with the national ferry database es-
tablished under section 1801(e) of SAFETEA– 
LU (23 U.S.C. 129 note; 119 Stat. 1456). 
‘‘(B) ELIGIBILITY FOR FUNDING.—To be eli-
gible to receive funds under subsection (c), data 
shall have been submitted in the most recent col-
lection of data for the national ferry database 
under section 1801(e) of SAFETEA–LU (23 
U.S.C. 129 note; 119 Stat. 1456) for at least 1 
ferry service within the State. 
‘‘(2) ADJUSTMENTS.—On review of the data sub-
mitted under paragraph (1)(B), the Secretary may 
make adjustments to the data as the Secretary deter-
mines necessary to correct misreported or inconsistent 
data. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust
† HR 22 EAS 
Fund (other than the Mass Transit Account) to carry out 
this section $80,000,000 for each of fiscal years 2016 
through 2021. 
‘‘(i) PERIOD OF AVAILABILITY.—Notwithstanding sec-
tion 118(b), funds made available to carry out this section 
shall remain available until expended. 
‘‘(j) APPLICABILITY.—All provisions of this chapter 
that are applicable to the National Highway System, other 
than provisions relating to apportionment formula and 
Federal share, shall apply to funds made available to carry 
out this section, except as determined by the Secretary to 
be inconsistent with this section.’’. 
(b) NATIONAL FERRY DATABASE.—Section 1801(e)(4) 
of SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. 1456) is 
amended by striking subparagraph (D) and inserting the 
following: 
‘‘(D) make available, from the amounts 
made available for each fiscal year to carry out 
chapter 63 of title 49, not more than $500,000 
to maintain the database.’’. 
(c) CONFORMING AMENDMENTS.—Section 129(c) of 
title 23, United States Code, is amended— 
(1) in paragraph (2), in the first sentence, by in-
serting ‘‘, or on a public transit ferry eligible under 
chapter 53 of title 49’’ after ‘‘Interstate System’’;
† HR 22 EAS 
(2) in paragraph (3)— 
(A) by striking ‘‘(3) Such ferry’’ and insert-
ing ‘‘(3)(A) The ferry’’; and 
(B) by adding at the end the following: 
‘‘(B) Any Federal participation shall not 
involve the construction or purchase, for private 
ownership, of a ferry boat, ferry terminal facil-
ity, or other eligible project under this section.’’; 
(3) in paragraph (4), by striking ‘‘and repair,’’ 
and inserting ‘‘repair,’’; and 
(4) by striking paragraph (6) and inserting the 
following: 
‘‘(6) The ferry service shall be maintained in ac-
cordance with section 116. 
‘‘(7)(A) No ferry boat or ferry terminal with 
Federal participation under this title may be sold, 
leased, or otherwise disposed of, except in accordance 
with part 18 of title 49, Code of Federal Regulations 
(as in effect on December 18, 2014). 
‘‘(B) The Federal share of any proceeds from a 
disposition referred to in subparagraph (A) shall be 
used for eligible purposes under this title.’’. 
SEC. 11011. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
Section 148 of title 23, United States Code, is amend-
ed—
† HR 22 EAS 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘includes, but is not limited to,’’ 
and inserting ‘‘only includes’’; and 
(ii) by adding at the end the following: 
‘‘(xxv) Installation of vehicle-to-infra-
structure communication equipment. 
‘‘(xxvi) Pedestrian hybrid beacons. 
‘‘(xxvii) Roadway improvements that 
provide separation between pedestrians and 
motor vehicles, including medians and pe-
destrian crossing islands. 
‘‘(xxviii) 
An 
infrastructure 
safety 
project not described in clauses (i) through 
(xxvii).’’; and 
(B) by striking paragraph (10) and redesig-
nating paragraphs (11) through (13) as para-
graphs (10) through (12), respectively; 
(2) in subsection (c)(1)(A), by striking ‘‘sub-
section (a)(12)’’ and inserting ‘‘subsection (a)(11)’’; 
(3) in subsection (d)(2)(B)(i), by striking ‘‘sub-
section (a)(12)’’ and inserting ‘‘subsection (a)(11)’’; 
and 
(4) in subsection (g)(1)—
† HR 22 EAS 
(A) by striking ‘‘increases’’ and inserting 
‘‘does not decrease’’; and 
(B) by inserting ‘‘and exceeds the national 
fatality rate on rural roads,’’ after ‘‘available,’’. 
SEC. 11012. DATA COLLECTION ON UNPAVED PUBLIC 
ROADS. 
Section 148 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(k) DATA
COLLECTION
ON
UNPAVED
PUBLIC 
ROADS.— 
‘‘(1) IN GENERAL.—A State may elect not to col-
lect fundamental data elements for the model inven-
tory of roadway elements on public roads that are 
gravel roads or otherwise unpaved if— 
‘‘(A)(i) more than 45 percent of the public 
roads in the State are gravel roads or otherwise 
unpaved; and 
‘‘(ii) less than 10 percent of fatalities in the 
State occur on those unpaved public roads; or 
‘‘(B)(i) more than 70 percent of the public 
roads in the State are gravel roads or otherwise 
unpaved; and 
‘‘(ii) less than 25 percent of fatalities in the 
State occur on those unpaved public roads.
† HR 22 EAS 
‘‘(2) CALCULATION.—The percentages described 
in paragraph (1) shall be based on the average for the 
5 most recent years for which relevant data is avail-
able. 
‘‘(3) USE OF FUNDS.—If a State elects not to col-
lect data on a road described in paragraph (1), the 
State shall not use funds provided to carry out this 
section for a project on that road until the State com-
pletes a collection of the required model inventory of 
roadway elements for the road.’’. 
SEC. 11013. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(i)(I), by inserting 
‘‘in the designated nonattainment area’’ after 
‘‘air quality standard’’; 
(B) in paragraph (3), by inserting ‘‘or 
maintenance’’ after ‘‘likely to contribute to the 
attainment’’; 
(C) in paragraph (4), by striking ‘‘attain-
ment of’’ and inserting ‘‘attainment or mainte-
nance of the area of’’; and 
(D) in paragraph (8)(A)(ii)—
† HR 22 EAS 
(i) in the matter preceding subclause 
(I), by inserting ‘‘or port-related freight op-
erations’’ after ‘‘construction projects’’; and 
(ii) in subclause (II), by inserting ‘‘or 
chapter 53 of title 49’’ after ‘‘this title’’; 
(2) in subsection (c)(2), by inserting ‘‘(giving 
priority to corridors designated under section 151)’’ 
after ‘‘at any location in the State’’; 
(3) in subsection (d)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘would otherwise be 
eligible under subsection (b) if the 
project were carried out in a non-
attainment or maintenance area or’’ 
after ‘‘may use for any project that’’; 
and 
(II) in clause (i), by striking 
‘‘(excluding the amount of funds re-
served under paragraph (1))’’; and 
(ii) in subparagraph (B)(i), by strik-
ing ‘‘MAP–21t’’ and inserting ‘‘MAP–21’’; 
and
† HR 22 EAS 
(B) in paragraph (3), by inserting ‘‘, in a 
manner consistent with the approach that was in 
effect on the day before the date of enactment of 
MAP–21,’’ after ‘‘the Secretary shall modify’’; 
(4) in subsection (g)— 
(A) in paragraph (2)(B), by striking ‘‘not 
later that’’ and inserting ‘‘not later than’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘States and metropoli-
tan’’ and inserting the following: 
‘‘(A) IN GENERAL.—States and metropoli-
tan’’; 
(ii) by striking ‘‘are proven to reduce’’ 
and inserting ‘‘reduce directly emitted’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) USE OF PRIORITY FUNDING.—To the 
maximum extent practicable, PM2.5 priority 
funding shall be used on the most cost-effective 
projects and programs that are proven to reduce 
directly emitted fine particulate matter.’’; 
(5) in subsection (k)— 
(A) in paragraph (1)—
† HR 22 EAS 
proval a plan that details the actions the 
State agency will take to bring the facility 
into compliance with the minimum average 
operating 
speed 
performance 
standard 
through changes to operation of the facility, 
including— 
‘‘(I) increasing the occupancy re-
quirement for HOV lanes; 
‘‘(II) varying the toll charged to 
vehicles allowed under subsection (b) to 
reduce demand; 
‘‘(III) 
discontinuing 
allowing 
non-HOV vehicles to use HOV lanes 
under subsection (b); or 
‘‘(IV) increasing the available ca-
pacity of the HOV facility. 
‘‘(ii) NOTICE
OF
APPROVAL
OR
DIS-
APPROVAL.—Not later than 60 days after 
the date of receipt of a plan under clause 
(i), the Secretary shall provide to the State 
agency a written notice indicating whether 
the Secretary has approved or disapproved 
the plan based on a determination of wheth-
er the implementation of the plan will bring 
the HOV facility into compliance.