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(2) in paragraph (2)(B), by striking ‘‘deficient’’; 
and 
(3) in paragraph (3)— 
(A) in subparagraph (A), by striking the 
semicolon at the end and inserting ‘‘; and’’; 
(B) in subparagraph (B), by striking ‘‘; 
and’’ at the end and inserting a period; and 
(C) by striking subparagraph (C). 
SEC. 11024. TRIBAL TRANSPORTATION PROGRAM AMEND-
MENT. 
Section 202 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(6), by striking ‘‘6 percent’’ 
and inserting ‘‘5 percent’’; and 
(2) in subsection (d)(2), in the matter preceding 
subparagraph (A) by striking ‘‘2 percent’’ and insert-
ing ‘‘3 percent’’. 
SEC. 11025. NATIONALLY SIGNIFICANT FEDERAL LANDS 
AND TRIBAL PROJECTS PROGRAM. 
(a) PURPOSE.—The Secretary shall establish a nation-
ally significant Federal lands and tribal projects program 
(referred to in this section as the ‘‘program’’) to provide 
funding to construct, reconstruct, or rehabilitate nationally 
significant Federal lands and tribal transportation 
projects.
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† HR 22 EAS 
(b) ELIGIBLE APPLICANTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), entities eligible to receive funds under sec-
tions 201, 202, 203, and 204 of title 23, United States 
Code, may apply for funding under the program. 
(2) SPECIAL RULE.—A State, county, or unit of 
local government may only apply for funding under 
the program if sponsored by an eligible Federal land 
management agency or Indian tribe. 
(c) ELIGIBLE PROJECTS.—An eligible project under 
the program shall be a single continuous project— 
(1) on a Federal lands transportation facility, a 
Federal lands access transportation facility, or a 
Tribal transportation facility (as those terms are de-
fined in section 101 of title 23, United States Code), 
except that such facility is not required to be included 
on an inventory described in sections 202 or 203 of 
title 23, United States Code; 
(2) for which completion of activities required 
under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) has been demonstrated 
through— 
(A) a record of decision with respect to the 
project;
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† HR 22 EAS 
(B) a finding that the project has no sig-
nificant impact; or 
(C) a determination that the project is cat-
egorically excluded; and 
(3) having an estimated cost, based on the results 
of preliminary engineering, equal to or exceeding 
$25,000,0000, with priority consideration given to 
projects with an estimated cost equal to or exceeding 
$50,000,000. 
(d) ELIGIBLE ACTIVITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), an 
eligible applicant receiving funds under the program 
may only use the funds for construction, reconstruc-
tion, and rehabilitation activities. 
(2) INELIGIBLE ACTIVITIES.—An eligible appli-
cant may not use funds received under the program 
for activities relating to project design. 
(e) APPLICATIONS.—Eligible applicants shall submit 
to the Secretary an application at such time, in such form, 
and containing such information as the Secretary may re-
quire. 
(f) SELECTION CRITERIA.—In selecting a project to re-
ceive funds under the program, the Secretary shall consider 
the extent to which the project—
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† HR 22 EAS 
(1) furthers the goals of the Department, includ-
ing state of good repair, environmental sustainability, 
economic competitiveness, quality of life, and safety; 
(2) improves the condition of critical multimodal 
transportation facilities; 
(3) needs construction, reconstruction, or reha-
bilitation; 
(4) is included in or eligible for inclusion in the 
National Register of Historic Places; 
(5) enhances environmental ecosystems; 
(6) uses new technologies and innovations that 
enhance the efficiency of the project; 
(7) is supported by funds, other than the funds 
received under the program, to construct, maintain, 
and operate the facility; 
(8) spans 2 or more States; and 
(9) serves land owned by multiple Federal agen-
cies or Indian tribes. 
(g) FEDERAL SHARE.—The Federal share of the cost 
of a project shall be 95 percent. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$150,000,000 for each of fiscal years 2016 through 2021, 
to remain available for a period of 3 fiscal years following 
the fiscal year for which the amounts were appropriated.
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SEC. 11026. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 
Section 201(c) of title 23, United States Code, is 
amended— 
(1) in paragraph (6)(A)— 
(A) by redesignating clauses (i) and (ii) as 
subclauses (I) and (II), respectively; 
(B) in the matter preceding subclause (I) 
(as so redesignated), by striking ‘‘The Secre-
taries’’ and inserting the following: 
‘‘(i) IN GENERAL.—The Secretaries’’; 
(C) by inserting a period after ‘‘tribal 
transportation program’’; and 
(D) by striking ‘‘in accordance with’’ and 
all that follows through ‘‘including—’’ and in-
serting the following: 
‘‘(ii) REQUIREMENT.—Data collected 
to implement the tribal transportation pro-
gram shall be in accordance with the In-
dian Self-Determination and Education As-
sistance Act (25 U.S.C. 450 et seq.). 
‘‘(iii) 
INCLUSIONS.—Data 
collected 
under this paragraph includes—’’; and 
(2) by striking paragraph (7) and inserting the 
following— 
‘‘(7) COOPERATIVE RESEARCH AND TECHNOLOGY 
DEPLOYMENT.—The Secretary may conduct coopera-
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† HR 22 EAS 
tive research and technology deployment in coordina-
tion with Federal land management agencies, as de-
termined appropriate by the Secretary. 
‘‘(8) FUNDING.— 
‘‘(A) IN GENERAL.—To carry out the activi-
ties described in this subsection for Federal lands 
transportation facilities, Federal lands access 
transportation facilities, and other federally 
owned roads open to public travel (as that term 
is defined in section 125(e)), the Secretary shall 
combine and use not greater than 5 percent for 
each fiscal year of the funds authorized for pro-
grams under sections 203 and 204. 
‘‘(B) OTHER
ACTIVITIES.—In addition to 
the activities described in subparagraph (A), 
funds described under that subparagraph may be 
used for— 
‘‘(i) bridge inspections on any federally 
owned bridge even if that bridge is not in-
cluded on the inventory described under sec-
tion 203; and 
‘‘(ii) transportation planning activities 
carried out by Federal land management 
agencies eligible for funding under this 
chapter.’’.
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† HR 22 EAS 
SEC. 11027. FEDERAL LANDS TRANSPORTATION PROGRAM. 
Section 203 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(1)— 
(A) in subparagraph (B), by striking ‘‘oper-
ation’’ and inserting ‘‘capital, operations,’’; and 
(B) in subparagraph (D), by striking ‘‘sub-
paragraph (A)(iv)’’ and inserting ‘‘subpara-
graph (A)(iv)(I)’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B)— 
(i) in clause (iv), by striking ‘‘and’’ at 
the end; 
(ii) in clause (v), by striking the pe-
riod at the end and inserting a semicolon; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(vi) the Bureau of Reclamation; and 
‘‘(vii) independent Federal agencies 
with natural resource and land manage-
ment responsibilities.’’; and 
(B) in paragraph (2)(B), in the matter pre-
ceding clause (i), by inserting ‘‘performance 
management, including’’ after ‘‘support’’; and
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† HR 22 EAS 
(3) in subsection (c)(2)(B), by adding at the end 
the following: 
‘‘(vi) The Bureau of Reclamation.’’. 
SEC. 11028. INNOVATIVE PROJECT DELIVERY. 
Section 120(c)(3) of title 23, United States Code, is 
amended— 
(1) in subparagraph (A)(ii)— 
(A) by inserting ‘‘engineering or design ap-
proaches,’’ after ‘‘technologies,’’; and 
(B) by striking ‘‘or contracting’’ and insert-
ing ‘‘or contracting or project delivery’’; and 
(2) in subparagraph (B)(iii), by inserting ‘‘and 
alternative bidding’’ before the semicolon at the end. 
SEC. 11029. OBLIGATION AND RELEASE OF FUNDS. 
Section 118(c)(2) of title 23, United States Code, is 
amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘Any funds’’ and inserting the following: 
‘‘(A) IN GENERAL.—Any funds’’; 
(2) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively, and indenting ap-
propriately; and 
(3) by adding at the end the following: 
‘‘(B) SAME CLASS OF FUNDS NO LONGER 
AUTHORIZED.—If the same class of funds de-
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† HR 22 EAS 
scribed in subparagraph (A)(i) is no longer au-
thorized in the most recent authorizing law, the 
funds may be credited to a similar class of 
funds, as determined by the Secretary.’’. 
Subtitle B—Acceleration of Project 
Delivery 
SEC. 11101. CATEGORICAL EXCLUSION FOR PROJECTS OF 
LIMITED FEDERAL ASSISTANCE. 
Section 1317 of MAP–21 (23 U.S.C. 109 note; Public 
Law 112–141) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Not later than’’ and inserting the following: 
‘‘(a) IN GENERAL.—Not later than’’; and 
(2) by adding at the end the following: 
‘‘(b) 
INFLATIONARY
ADJUSTMENT.—The 
dollar 
amounts described in subsection (a) shall be adjusted for 
inflation— 
‘‘(1) effective October 1, 2015, to reflect changes 
since July 1, 2012, in the Consumer Price Index for 
All Urban Consumers published by the Bureau of 
Labor Statistics of the Department of Labor; and 
‘‘(2) effective October 1, 2016, and each suc-
ceeding October 1, to reflect changes for the preceding 
12-month period in the Consumer Price Index for All
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† HR 22 EAS 
Urban Consumers published by the Bureau of Labor 
Statistics of the Department of Labor.’’. 
SEC. 11102. PROGRAMMATIC AGREEMENT TEMPLATE. 
(a) IN GENERAL.—Section 1318 of MAP–21 (23 
U.S.C. 109 note; Public Law 112–141) is amended by add-
ing at the end the following: 
‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
a template programmatic agreement described in sub-
section (d) that provides for efficient and adequate 
procedures for evaluating Federal actions described in 
section 771.117(c) of title 23, Code of Federal Regula-
tions (as in effect on the date of enactment of this 
subsection). 
‘‘(2) USE OF TEMPLATE.—The Secretary— 
‘‘(A) on receipt of a request from a State, 
shall use the template programmatic agreement 
developed under paragraph (1) in carrying out 
this section; and 
‘‘(B) on consent of the applicable State, 
may modify the template as necessary to address 
the unique needs and characteristics of the State. 
‘‘(3) OUTCOME MEASUREMENTS.—The Secretary 
shall establish a method to verify that actions de-
scribed in section 771.117(c) of title 23, Code of Fed-
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† HR 22 EAS 
eral Regulations (as in effect on the date of enactment 
of this subsection), are evaluated and documented in 
a consistent manner by the State that uses the tem-
plate programmatic agreement under this sub-
section.’’. 
(b) CATEGORICAL EXCLUSION DETERMINATIONS.—Not 
later than 30 days after the date of enactment of this Act, 
the Secretary shall revise section 771.117(g) of title 23, Code 
of Federal Regulations, to allow a programmatic agreement 
under this section to include responsibility for making cat-
egorical exclusion determinations— 
(1) for actions described in subsections (c) and 
(d) of section 771.117 of title 23, Code of Federal Reg-
ulations; and 
(2) that meet the criteria for a categorical exclu-
sion under section 1508.4 of title 40, Code of Federal 
Regulations (as in effect on the date of enactment of 
this Act), and are identified in the programmatic 
agreement. 
SEC. 11103. AGENCY COORDINATION. 
(a) ROLES AND RESPONSIBILITY OF LEAD AGENCY.— 
Section 139(c)(6) of title 23, United States Code, is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end;
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† HR 22 EAS 
‘‘(3) REVIEW OF APPLICATION.—Not later than 
45 days after the date on which an application is re-
ceived by the Secretary under this subsection, the Sec-
retary shall provide to the project sponsor a written 
response that, as applicable— 
‘‘(A) describes the determination of the Sec-
retary— 
‘‘(i) to initiate the environmental re-
view process, including a timeline and an 
expected date for the publication in the Fed-
eral Register of the relevant notice of intent; 
or 
‘‘(ii) to decline the application, includ-
ing an explanation of the reasons for that 
decision; or 
‘‘(B) requests additional information, and 
provides to the project sponsor an accounting, re-
garding what is necessary to initiate the envi-
ronmental review process. 
‘‘(4) REQUEST TO DESIGNATE A LEAD AGENCY.— 
‘‘(A) IN
GENERAL.—Any project sponsor 
may submit a request to the Secretary to des-
ignate a specific operating administration or 
secretarial office within the Department of
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† HR 22 EAS 
Transportation to serve as the Federal lead agen-
cy for a project. 
‘‘(B) PROPOSED
SCHEDULE.—A request 
under subparagraph (A) may include a proposed 
schedule for completing the environmental review 
process. 
‘‘(C) SECRETARIAL ACTION.— 
‘‘(i) IN GENERAL.—If a request under 
subparagraph (A) is received, the Secretary 
shall respond to the request not later than 
45 days after the date of receipt. 
‘‘(ii) REQUIREMENTS.—The response 
shall— 
‘‘(I) approve the request; 
‘‘(II) deny the request, with an ex-
planation of the reasons; or 
‘‘(III) require the submission of 
additional information. 
‘‘(iii) ADDITIONAL
INFORMATION.—If 
additional information is submitted in ac-
cordance with clause (ii)(III), the Secretary 
shall respond to that submission not later 
than 45 days after the date of receipt.’’; and 
(3) in subsection (f)(4), by adding at the end the 
following:
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† HR 22 EAS 
‘‘(E) REDUCTION OF DUPLICATION.— 
‘‘(i) IN
GENERAL.—In carrying out 
this paragraph, the lead agency shall reduce 
duplication, to the maximum extent prac-
ticable, between— 
‘‘(I) the evaluation of alternatives 
under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
‘‘(II) the evaluation of alter-
natives in the metropolitan transpor-
tation planning process under section 
134 of title 23, United States Code, or 
an environmental review process car-
ried out under State law (referred to 
in this subparagraph as a ‘State envi-
ronmental review process’). 
‘‘(ii) 
CONSIDERATION
OF
ALTER-
NATIVES.—The lead agency may eliminate 
from detailed consideration an alternative 
proposed in an environmental impact state-
ment regarding a project if, as determined 
by the lead agency— 
‘‘(I) the alternative was consid-
ered in a metropolitan planning proc-
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† HR 22 EAS 
ess or a State environmental review 
process by a metropolitan planning or-
ganization or a State or local trans-
portation agency, as applicable; 
‘‘(II) the lead agency provided 
guidance to the metropolitan planning 
organization or State or local trans-
portation agency, as applicable, re-
garding analysis of alternatives in the 
metropolitan planning process or State 
environmental review process, includ-
ing guidance on the requirements 
under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and any other requirements of 
Federal law necessary for approval of 
the project; 
‘‘(III) the applicable metropolitan 
planning process or State environ-
mental review process included an op-
portunity for public review and com-
ment; 
‘‘(IV) the applicable metropolitan 
planning organization or State or local 
transportation agency rejected the al-
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† HR 22 EAS 
ternative after considering public com-
ments; 
‘‘(V) the Federal lead agency inde-
pendently 
reviewed 
the 
alternative 
evaluation approved by the applicable 
metropolitan planning organization or 
State or local transportation agency; 
and 
‘‘(VI) the Federal lead agency has 
determined— 
‘‘(aa) in consultation with 
Federal participating or cooper-
ating agencies, that the alter-
native to be eliminated from con-
sideration is not necessary for 
compliance with the National En-
vironmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); or 
‘‘(bb) with the concurrence of 
Federal agencies with jurisdiction 
over a permit or approval re-
quired for a project, that the alter-
native to be eliminated from con-
sideration is not necessary for
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† HR 22 EAS 
any permit or approval under 
any other Federal law.’’. 
SEC. 11105. IMPROVING COLLABORATION FOR ACCELER-
ATED DECISION MAKING. 
(a) 
COORDINATION
AND
SCHEDULING.—Section 
139(g)(1)(B)(i) of title 23, United States Code, is amend-
ed— 
(1) by striking ‘‘The lead agency’’ and inserting 
‘‘For a project requiring an environmental impact 
statement or environmental assessment, the lead agen-
cy’’; and 
(2) by striking ‘‘may’’ and inserting ‘‘shall’’. 
(b) ISSUE IDENTIFICATION AND RESOLUTION.—Sec-
tion 139(h) of title 23, United States Code, is amended— 
(1) in paragraph (4)(C), by striking ‘‘paragraph 
(5) and’’ and inserting ‘‘paragraph (5)’’; 
(2) in paragraph (5)(A)(ii)(I), by inserting ‘‘, 
including modifications to the project schedule’’ after 
‘‘review process’’; and 
(3) in paragraph (6)(B), by striking clause (ii) 
and inserting the following: 
‘‘(ii) DESCRIPTION
OF
DATE.—The 
date referred to in clause (i) is 1 of the fol-
lowing:
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† HR 22 EAS 
‘‘(I) The date that is 30 days after 
the date for rendering a decision as de-
scribed in the project schedule estab-
lished pursuant to subsection (g)(1)(B). 
‘‘(II) If no schedule exists, the 
later of— 
‘‘(aa) the date that is 180 
days after the date on which an 
application for the permit, license 
or approval is complete; or 
‘‘(bb) the date that is 180 
days after the date on which the 
Federal lead agency issues a deci-
sion on the project under the Na-
tional Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(III) A modified date consistent 
with subsection (g)(1)(D).’’. 
SEC. 11106. ACCELERATED DECISIONMAKING IN ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—Section 139 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(n) ACCELERATED DECISIONMAKING
IN ENVIRON-
MENTAL REVIEWS.—
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† HR 22 EAS 
‘‘(1) IN GENERAL.—In preparing a final envi-
ronmental impact statement under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), if the lead agency modifies the statement in re-
sponse to comments that are minor and are confined 
to factual corrections or explanations regarding why 
the comments do not warrant additional agency re-
sponse, the lead agency may write on errata sheets at-
tached to the statement instead of rewriting the draft 
statement, subject to the condition that the errata 
sheets shall— 
‘‘(A) cite the sources, authorities, or reasons 
that support the position of the lead agency; and 
‘‘(B) if appropriate, indicate the cir-
cumstances that would trigger agency re-
appraisal or further response. 
‘‘(2) INCORPORATION.—To the maximum extent 
practicable, the lead agency shall expeditiously de-
velop a single document that consists of a final envi-
ronmental impact statement and a record of decision, 
unless— 
‘‘(A) the final environmental impact state-
ment makes substantial changes to the proposed 
action that are relevant to environmental or 
safety concerns; or
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† HR 22 EAS 
‘‘(B) 
there 
are 
significant 
new 
cir-
cumstances or information that— 
‘‘(i) are relevant to environmental con-
cerns; and 
‘‘(ii) bear on the proposed action or the 
impacts of the proposed action.’’. 
(b) REPEAL.—Section 1319 of MAP–21 (42 U.S.C. 
4332a) is repealed. 
SEC. 11107. IMPROVING TRANSPARENCY IN ENVIRON-
MENTAL REVIEWS. 
Section 139 of title 23, United States Code (as amend-
ed by section 11106(a)), is amended by adding at the end 
the following: 
‘‘(o) REVIEWS, APPROVALS, AND PERMITTING PLAT-
FORM.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this subsection, the Secretary 
shall establish an online platform and, in coordina-
tion with agencies described in paragraph (2), issue 
reporting standards to make publicly available the 
status of reviews, approvals, and permits required for 
compliance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) or other applica-
ble Federal laws for projects and activities requiring
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† HR 22 EAS 
an environmental assessment or an environmental 
impact statement. 
‘‘(2) FEDERAL AGENCY PARTICIPATION.—A Fed-
eral agency of jurisdiction over a review, approval, or 
permit described in paragraph (1) shall provide sta-
tus information in accordance with the standards es-
tablished by the Secretary under paragraph (1). 
‘‘(3) STATE RESPONSIBILITIES.—A State that is 
assigned and assumes responsibilities under section 
326 or 327 shall provide applicable status informa-
tion in accordance with standards established by the 
Secretary under paragraph (1).’’. 
SEC. 11108. INTEGRATION OF PLANNING AND ENVIRON-
MENTAL REVIEW. 
Section 168 of title 23, United States Code, is amended 
to read as follows: 
‘‘§ 168. Integration of planning and environmental re-
view 
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) ENVIRONMENTAL
REVIEW
PROCESS.—The 
term ‘environmental review process’ means the process 
for preparing for a project an environmental impact 
statement, environmental assessment, categorical ex-
clusion, or other document prepared under the Na-
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† HR 22 EAS 
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has 
the meaning given the term in section 139(a). 
‘‘(3) PLANNING PRODUCT.—The term ‘planning 
product’ means a decision, analysis, study, or other 
documented information that is the result of an eval-
uation or decisionmaking process carried out by a 
metropolitan planning organization or a State, as 
appropriate, during metropolitan or statewide trans-
portation planning under section 134 or 135, respec-
tively. 
‘‘(4) PROJECT.—The term ‘project’ has the mean-
ing given the term in section 139(a). 
‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR USE IN 
NEPA PROCEEDINGS.— 
‘‘(1) IN GENERAL.—Subject to subsection (d), the 
Federal lead agency for a project may adopt and use 
a planning product in proceedings relating to any 
class of action in the environmental review process of 
the project. 
‘‘(2) IDENTIFICATION.—If the Federal lead agen-
cy makes a determination to adopt and use a plan-
ning product, the Federal lead agency shall identify
127 
† HR 22 EAS 
the agencies that participated in the development of 
the planning products. 
‘‘(3) PARTIAL
ADOPTION
OF
PLANNING
PROD-
UCTS.—The Federal lead agency may— 
‘‘(A) adopt an entire planning product 
under paragraph (1); or 
‘‘(B) select portions of a planning project 
under paragraph (1) for adoption. 
‘‘(4) TIMING.—A determination under para-
graph (1) with respect to the adoption of a planning 
product may— 
‘‘(A) be made at the time the lead agencies 
decide the appropriate scope of environmental re-
view for the project; or 
‘‘(B) occur later in the environmental re-
view process, as appropriate. 
‘‘(c) APPLICABILITY.— 
‘‘(1) PLANNING DECISIONS.—The lead agency in 
the environmental review process may adopt decisions 
from a planning product, including— 
‘‘(A) whether tolling, private financial as-
sistance, or other special financial measures are 
necessary to implement the project; 
‘‘(B) a decision with respect to general trav-
el corridor or modal choice, including a decision
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† HR 22 EAS 
to implement corridor or subarea study rec-
ommendations to advance different modal solu-
tions as separate projects with independent util-
ity; 
‘‘(C) the purpose and the need for the pro-
posed action; 
‘‘(D) preliminary screening of alternatives 
and elimination of unreasonable alternatives; 
‘‘(E) a basic description of the environ-
mental setting; 
‘‘(F) a decision with respect to methodolo-
gies for analysis; and 
‘‘(G) an identification of programmatic 
level mitigation for potential impacts of trans-
portation projects, including— 
‘‘(i) measures to avoid, minimize, and 
mitigate impacts at a regional or national 
scale; 
‘‘(ii) investments in regional ecosystem 
and water resources; and 
‘‘(iii) a programmatic mitigation plan 
developed in accordance with section 169. 
‘‘(2) PLANNING ANALYSES.—The lead agency in 
the environmental review process may adopt analyses 
from a planning product, including—
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† HR 22 EAS 
‘‘(A) travel demands; 
‘‘(B) regional development and growth; 
‘‘(C) local land use, growth management, 
and development; 
‘‘(D) population and employment; 
‘‘(E) natural and built environmental con-
ditions; 
‘‘(F) environmental resources and environ-
mentally sensitive areas; 
‘‘(G) potential environmental effects, includ-
ing the identification of resources of concern and 
potential indirect and cumulative effects on those 
resources; and 
‘‘(H) mitigation needs for a proposed ac-
tion, or for programmatic level mitigation, for 
potential effects that the Federal lead agency de-
termines are most effectively addressed at a re-
gional or national program level. 
‘‘(d) CONDITIONS.—The lead agency in the environ-
mental review process may adopt and use a planning prod-
uct under this section if the lead agency determines, with 
the concurrence of other participating agencies with rel-
evant expertise and project sponsors, as appropriate, that 
the following conditions have been met:
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† HR 22 EAS 
‘‘(1) The planning product was developed 
through a planning process conducted pursuant to 
applicable Federal law. 
‘‘(2) The planning product was developed in con-
sultation with appropriate Federal and State resource 
agencies and Indian tribes. 
‘‘(3) The planning process included broad multi-
disciplinary consideration of systems-level or cor-
ridor-wide transportation needs and potential effects, 
including effects on the human and natural environ-
ment. 
‘‘(4) The planning process included public notice 
that the planning products produced in the planning 
process may be adopted during a subsequent environ-
mental review process in accordance with this section. 
‘‘(5) During the environmental review process, 
the lead agency has— 
‘‘(A) made the planning documents avail-
able for public review and comment; 
‘‘(B) provided notice of the intention of the 
lead agency to adopt the planning product; and 
‘‘(C) considered any resulting comments. 
‘‘(6) There is no significant new information or 
new circumstance that has a reasonable likelihood of
131 
† HR 22 EAS 
affecting the continued validity or appropriateness of 
the planning product. 
‘‘(7) The planning product has a rational basis 
and is based on reliable and reasonably current data 
and reasonable and scientifically acceptable meth-
odologies. 
‘‘(8) The planning product is documented in suf-
ficient detail to support the decision or the results of 
the analysis and to meet requirements for use of the 
information in the environmental review process. 
‘‘(9) The planning product is appropriate for 
adoption and use in the environmental review process 
for the project and is incorporated in accordance with 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and section 1502.21 of title 40, 
Code of Federal Regulations (as in effect on the date 
of enactment of the DRIVE Act). 
‘‘(e) EFFECT OF ADOPTION.—Any planning product 
adopted by the Federal lead agency in accordance with this 
section may be— 
‘‘(1) incorporated directly into an environmental 
review process document or other environmental docu-
ment; and 
‘‘(2) relied on and used by other Federal agencies 
in carrying out reviews of the project.
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‘‘(f) RULES OF CONSTRUCTION.— 
‘‘(1) IN GENERAL.—This section does not make 
the environmental review process applicable to the 
transportation planning process conducted under this 
title and chapter 53 of title 49. 
‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.— 
Initiation of the environmental review process as a 
part of, or concurrently with, transportation plan-
ning activities does not subject transportation plans 
and programs to the environmental review process. 
‘‘(3) PLANNING
PRODUCTS.—This section does 
not affect the use of planning products in the environ-
mental review process pursuant to other authorities 
under any other provision of law or restrict the initi-
ation of the environmental review process during 
planning.’’. 
SEC. 11109. USE OF PROGRAMMATIC MITIGATION PLANS. 
Section 169(f) of title 23, United States Code, is 
amended— 
(1) by striking ‘‘may use’’ and inserting ‘‘shall 
consider’’; and 
(2) by inserting ‘‘or other Federal environmental 
law’’ before the period at the end.
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† HR 22 EAS 
SEC. 
11110. 
ADOPTION 
OF 
DEPARTMENTAL 
ENVIRON-
MENTAL DOCUMENTS. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 306 the following: 
‘‘§ 307. Adoption of Departmental environmental doc-
uments 
‘‘(a) IN GENERAL.—An operating administration or 
secretarial office within the Department may adopt any 
draft environmental impact statement, final environmental 
impact statement, environmental assessment, or any other 
document issued under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) by another operating 
administration or secretarial office within the Depart-
ment— 
‘‘(1) without recirculating the document (except 
that a final environmental impact statement shall be 
recirculated prior to adoption); and 
‘‘(2) if the operating administration or secre-
tarial office adopting the document certifies that the 
project is substantially the same as the project re-
viewed under the document to be adopted. 
‘‘(b) COOPERATING AGENCY.—An adopting operating 
administration or secretarial office that was a cooperating 
agency and certifies that the project is substantially the 
same as the project reviewed under the document to be 
adopted and that its comments and suggestions have been
134 
† HR 22 EAS 
addressed may adopt a document described in subsection 
(a) without recirculating the document.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 3 of title 49, United States Code, is amended by 
striking the item relating to section 307 and inserting the 
following: 
‘‘Sec. 307. Adoption of Departmental environmental documents.’’. 
SEC. 11111. TECHNICAL ASSISTANCE FOR STATES. 
Section 326 of title 23, United States Code, is amend-
ed— 
(1) in subsection (c)— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (4) as paragraphs (3) through (5), re-
spectively; and 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ASSISTANCE TO STATES.—On request of a 
Governor of a State, the Secretary shall provide to the 
State technical assistance, training, or other support 
relating to— 
‘‘(A) assuming responsibility under sub-
section (a); 
‘‘(B) developing a memorandum of under-
standing under this subsection; or
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† HR 22 EAS 
‘‘(C) addressing a responsibility in need of 
corrective action under subsection (d)(1)(B).’’; 
and 
(2) in subsection (d), by striking paragraph (1) 
and inserting the following: 
‘‘(1) TERMINATION
BY
SECRETARY.—The Sec-
retary may terminate the participation of any State 
in the program, if— 
‘‘(A) the Secretary determines that the State 
is not adequately carrying out the responsibil-
ities assigned to the State; 
‘‘(B) the Secretary provides to the State— 
‘‘(i) a notification of the determination 
of noncompliance; 
‘‘(ii) a period of not less than 120 days 
to take such corrective action as the Sec-
retary determines to be necessary to comply 
with the applicable agreement; and 
‘‘(iii) on request of the Governor of the 
State, a detailed description of each respon-
sibility in need of corrective action regard-
ing an inadequacy identified under sub-
paragraph (A); and 
‘‘(C) the State, after the notification and 
period described in clauses (i) and (ii) of sub-
136 
† HR 22 EAS 
paragraph (B), fails to take satisfactory correc-
tive action, as determined by the Secretary.’’. 
SEC. 11112. SURFACE TRANSPORTATION PROJECT DELIV-
ERY PROGRAM. 
Section 327(j) of title 23, United States Code, is 
amended by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) TERMINATION
BY
SECRETARY.—The Sec-
retary may terminate the participation of any State 
in the program if— 
‘‘(A) the Secretary determines that the State 
is not adequately carrying out the responsibil-
ities assigned to the State; 
‘‘(B) the Secretary provides to the State— 
‘‘(i) a notification of the determination 
of noncompliance; 
‘‘(ii) a period of not less than 120 days 
to take such corrective action as the Sec-
retary determines to be necessary to comply 
with the applicable agreement; and 
‘‘(iii) on request of the Governor of the 
State, a detailed description of each respon-
sibility in need of corrective action regard-
ing an inadequacy identified under sub-
paragraph (A); and
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† HR 22 EAS 
‘‘(C) the State, after the notification and 
period provided under subparagraph (B), fails to 
take satisfactory corrective action, as determined 
by the Secretary.’’. 
SEC. 11113. CATEGORICAL EXCLUSIONS FOR MULTIMODAL 
PROJECTS. 
(a) MULTIMODAL PROJECT DEFINED.—Section 139(a) 
of title 23, United States Code, is amended by striking 
paragraph (5) and inserting the following: 
‘‘(5) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project that requires ap-
proval by more than 1 Department of Transportation 
operating administration or secretarial office.’’. 
(b) APPLICATION OF CATEGORICAL EXCLUSIONS FOR 
MULTIMODAL PROJECTS.—Section 304 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘oper-
ating authority that is not the lead authority 
with respect to a project’’ and inserting ‘‘oper-
ating administration or secretarial office that 
has expertise but is not the lead authority with 
respect to a proposed multimodal project’’; and 
(B) by striking paragraph (2) and inserting 
the following:
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† HR 22 EAS 
‘‘(2) LEAD AUTHORITY.—The term ‘lead author-
ity’ means a Department of Transportation operating 
administration or secretarial office that has the lead 
responsibility for compliance with the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
for a proposed multimodal project.’’; 
(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 ‘‘a categorical exclu-
sion designated under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) implementing regulations or’’; 
and 
(ii) by striking ‘‘other components of 
the’’ 
and 
inserting 
‘‘a 
proposed 
multimodal’’; and 
(B) by striking paragraphs (1) through (5) 
and inserting the following:
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† HR 22 EAS 
‘‘(1) the lead authority makes a determination, 
in consultation with the cooperating authority, on the 
applicability of a categorical exclusion to a proposed 
multimodal project; 
‘‘(2) the cooperating authority does not object to 
the determination of the lead authority of the applica-
bility of a categorical exclusion; 
‘‘(3) the lead authority determines that the com-
ponent of the proposed multimodal project to be cov-
ered by the categorical exclusion of the cooperating 
authority has independent utility; and 
‘‘(4) the lead authority determines that— 
‘‘(A) the proposed multimodal project does 
not individually or cumulatively have a signifi-
cant impact on the environment; and 
‘‘(B) extraordinary circumstances do not 
exist that merit additional analysis and docu-
mentation in an environmental impact state-
ment or environmental assessment required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).’’; and 
(4) by striking subsection (d) and inserting the 
following: 
‘‘(d) COOPERATIVE AUTHORITY EXPERTISE.—A co-
operating authority shall provide expertise to the lead au-
140 
† HR 22 EAS 
thority on aspects of the multimodal project in which the 
cooperating authority has expertise.’’. 
SEC. 11114. MODERNIZATION OF THE ENVIRONMENTAL RE-
VIEW PROCESS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall examine 
ways to modernize, simplify, and improve the implementa-
tion of the National Environmental Policy Act of 1969 (42 
U.S.C. 4231 et seq.) by the Department. 
(b) INCLUSIONS.—In carrying out subsection (a), the 
Secretary shall consider— 
(1) the use of technology in the process, such 
as— 
(A) searchable databases; 
(B) geographic information system map-
ping tools; 
(C) integration of those tools with fiscal 
management systems to provide more detailed 
data; and 
(D) other innovative technologies; 
(2) ways to prioritize use of programmatic envi-
ronmental impact statements; 
(3) methods to encourage cooperating agencies to 
present analyses in a concise format; and
141 
† HR 22 EAS 
(4) any other improvements that can be made to 
modernize process implementation. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure 
of the House of Representatives a report describing the re-
sults of the review carried out under subsection (a). 
SEC. 11115. SERVICE CLUB, CHARITABLE ASSOCIATION, OR 
RELIGIOUS SERVICE SIGNS. 
Notwithstanding section 131 of title 23, United States 
Code, and part 750 of title 23, Code of Federal Regulations 
(or successor regulations), a State may allow the mainte-
nance of a sign of a service club, charitable association, or 
religious service that was erected as of the date of enactment 
of this Act, the area of which is less than or equal to 32 
square feet, if the State notifies the Federal Highway Ad-
ministration. 
SEC. 11116. SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES. 
(a) HIGHWAYS.—Section 138 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN 
HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall—
142 
† HR 22 EAS 
‘‘(A) align, to the maximum extent prac-
ticable, with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4231 et seq.) and section 306108 of title 54, in-
cluding implementing regulations; and 
‘‘(B) not later than 90 days after the date 
of enactment of this subsection, coordinate with 
the Secretary of the Interior and the Executive 
Director of the Advisory Council on Historic 
Preservation (referred to in this subsection as the 
‘Council’) to establish procedures to satisfy the 
requirements described in subparagraph (A) (in-
cluding regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis re-
quired under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4231 et seq.), the Sec-
retary determines that there is no feasible or 
prudent alternative to avoid use of an historic 
site, the Secretary may— 
‘‘(i) include the determination of the 
Secretary in the analysis required under 
that Act; 
‘‘(ii) provide a notice of the determina-
tion to—
143 
† HR 22 EAS 
‘‘(I) each applicable State historic 
preservation officer and tribal historic 
preservation officer; 
‘‘(II) the Council, if the Council is 
participating in the consultation proc-
ess under section 306108 of title 54; 
and 
‘‘(III) the Secretary of the Inte-
rior; and 
‘‘(iii) request from the applicable pres-
ervation officer, the Council, and the Sec-
retary of the Interior a concurrence that the 
determination is sufficient to satisfy the re-
quirement of subsection (a)(1). 
‘‘(B) CONCURRENCE.—If the applicable 
preservation officer, the Council, and the Sec-
retary of the Interior each provide a concurrence 
requested under subparagraph (A)(iii), no fur-
ther analysis under subsection (a)(1) shall be re-
quired. 
‘‘(C) PUBLICATION.—A notice of a deter-
mination, together with each relevant concur-
rence to that determination, under subparagraph 
(A) shall be—
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† HR 22 EAS 
‘‘(i) included in the record of decision 
or finding of no significant impact of the 
Secretary; and 
‘‘(ii) posted on an appropriate Federal 
website by not later than 3 days after the 
date of receipt by the Secretary of all con-
currences requested under subparagraph 
(A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN
GENERAL.—If the Secretary, the 
applicable preservation officer, the Council, and 
the Secretary of the Interior concur that no fea-
sible and prudent alternative exists as described 
in paragraph (2), the Secretary may provide to 
the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the in-
tent of the Secretary to satisfy the requirements 
of subsection (a)(2) through the consultation re-
quirements of section 306108 of title 54. 
‘‘(B) SATISFACTION
OF
CONDITIONS.—To 
satisfy the requirements of subsection (a)(2), each 
individual described in paragraph (2)(A)(ii) 
shall concur in the treatment of the applicable 
historic site described in the memorandum of
145 
† HR 22 EAS 
agreement or programmatic agreement developed 
under section 306108 of title 54.’’. 
(b) PUBLIC TRANSPORTATION.—Section 303 of title 
49, United States Code, is amended— 
(1) in subsection (c), in the matter preceding 
paragraph (1), by striking ‘‘subsection (d)’’ and in-
serting ‘‘subsections (d) and (e)’’; and 
(2) by adding at the end the following: 
‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN 
HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) align, to the maximum extent prac-
ticable, the requirements of this section with the 
requirements of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4231 et seq.) and sec-
tion 306108 of title 54, including implementing 
regulations; and 
‘‘(B) not later than 90 days after the date 
of enactment of this subsection, coordinate with 
the Secretary of the Interior and the Executive 
Director of the Advisory Council on Historic 
Preservation (referred to in this subsection as the 
‘Council’) to establish procedures to satisfy the 
requirements described in subparagraph (A) (in-
cluding regulations).
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† HR 22 EAS 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis re-
quired under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4231 et seq.), the Sec-
retary determines that there is no feasible or 
prudent alternative to avoid use of an historic 
site, the Secretary may— 
‘‘(i) include the determination of the 
Secretary in the analysis required under 
that Act; 
‘‘(ii) provide a notice of the determina-
tion to— 
‘‘(I) each applicable State historic 
preservation officer and tribal historic 
preservation officer; 
‘‘(II) the Council, if the Council is 
participating in the consultation proc-
ess under section 306108 of title 54; 
and 
‘‘(III) the Secretary of the Inte-
rior; and 
‘‘(iii) request from the applicable pres-
ervation officer, the Council, and the Sec-
retary of the Interior a concurrence that the
147 
† HR 22 EAS 
determination is sufficient to satisfy the re-
quirement of subsection (c)(1). 
‘‘(B) CONCURRENCE.—If the applicable 
preservation officer, the Council, and the Sec-
retary of the Interior each provide a concurrence 
requested under subparagraph (A)(iii), no fur-
ther analysis under subsection (a)(1) shall be re-
quired. 
‘‘(C) PUBLICATION.—A notice of a deter-
mination, together with each relevant concur-
rence to that determination, under subparagraph 
(A) shall be— 
‘‘(i) included in the record of decision 
or finding of no significant impact of the 
Secretary; and 
‘‘(ii) posted on an appropriate Federal 
website by not later than 3 days after the 
date of receipt by the Secretary of all con-
currences requested under subparagraph 
(A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN
GENERAL.—If the Secretary, the 
applicable preservation officer, the Council, and 
the Secretary of the Interior concur that no fea-
sible and prudent alternative exists as described
148 
† HR 22 EAS 
in paragraph (2), the Secretary may provide to 
the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the in-
tent of the Secretary to satisfy the requirements 
of subsection (c)(2) through the consultation re-
quirements of section 306108 of title 54. 
‘‘(B) SATISFACTION
OF
CONDITIONS.—To 
satisfy the requirements of subsection (c)(2), the 
applicable preservation officer, the Council, and 
the Secretary of the Interior shall concur in the 
treatment of the applicable historic site described 
in the memorandum of agreement or pro-
grammatic agreement developed under section 
306108 of title 54.’’. 
SEC. 11117. BRIDGE EXEMPTION FROM CONSIDERATION 
UNDER CERTAIN PROVISIONS. 
(a) PRESERVATION OF PARKLANDS.—Section 138 of 
title 23, United States Code, as amended by section 11116, 
is amended by adding at the end the following: 
‘‘(d) BRIDGE EXEMPTION FROM CONSIDERATION.—A 
common post-1945 concrete or steel bridge or culvert (as de-
scribed in 77 Fed. Reg. 68790) that is exempt from indi-
vidual review under section 306108 of title 54, United 
States Code, shall be exempt from consideration under this 
section.’’.
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† HR 22 EAS 
(b) POLICY ON LANDS, WILDLIFE AND WATERFOWL 
REFUGES, AND HISTORIC SITES.—Section 303 of title 49, 
United States Code, as amended by section 11116, is 
amended by adding at the end the following: 
‘‘(f) BRIDGE EXEMPTION FROM CONSIDERATION.—A 
common post-1945 concrete or steel bridge or culvert (as de-
scribed in 77 Fed. Reg. 68790) that is exempt from indi-
vidual review under section 306108 of title 54, United 
States Code, shall be exempt from consideration under this 
section.’’. 
SEC. 11118. ELIMINATION OF BARRIERS TO IMPROVE AT- 
RISK BRIDGES. 
(a) TEMPORARY AUTHORIZATION.— 
(1) IN GENERAL.—Until the Secretary of the In-
terior takes the action described in subsection (b), the 
take of nesting swallows to facilitate a construction 
project on a bridge eligible for funding under title 23, 
United States Code, with any component condition 
rating of 3 or less (as defined by the National Bridge 
Inventory General Condition Guidance issued by the 
Federal Highway Administration) is authorized 
under the Migratory Bird Treaty Act (16 U.S.C. 703 
et seq.) between April 1 and August 31. 
(2) MEASURES TO MINIMIZE IMPACTS.—
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† HR 22 EAS 
(A) NOTIFICATION BEFORE TAKING.—Prior 
to the taking of nesting swallows authorized 
under paragraph (1), any person taking that ac-
tion shall submit to the Secretary of the Interior 
a document that contains— 
(i) the name of the person acting under 
the authority of paragraph (1) to take nest-
ing swallows; 
(ii) a list of practicable measures that 
will be undertaken to minimize or mitigate 
significant adverse impacts on the popu-
lation of that species; 
(iii) the time period during which ac-
tivities will be carried out that will result 
in the taking of that species; and 
(iv) an estimate of the number of birds, 
by species, to be taken in the proposed ac-
tion. 
(B) NOTIFICATION
AFTER
TAKING.—Not 
later than 60 days after the taking of nesting 
swallows authorized under paragraph (1), any 
person taking that action shall submit to the 
Secretary of the Interior a document that con-
tains the number of birds, by species, taken in 
the action.
151 
† HR 22 EAS 
(b) AUTHORIZATION OF TAKE.— 
(1) IN GENERAL.—The Secretary of the Interior, 
in consultation with the Secretary, shall promulgate 
a regulation under the authority of section 3 of the 
Migratory Bird Treaty Act (16 U.S.C. 704) author-
izing the take of nesting swallows to facilitate bridge 
repair, maintenance, or construction— 
(A) without individual permit require-
ments; and 
(B) under terms and conditions determined 
to be consistent with treaties relating to migra-
tory birds that protect swallow species occurring 
in the United States. 
(2) TERMINATION.—On the effective date of a 
final rule under this subsection by the Secretary of 
the Interior, subsection (a) shall have no force or ef-
fect. 
(c) SUSPENSION OR WITHDRAWAL OF TAKE AUTHOR-
IZATION.—If the Secretary of the Interior, in consultation 
with the Secretary, determines that taking of nesting swal-
lows carried out under the authority provided in subsection 
(a)(1) is having a significant adverse impact on swallow 
populations, the Secretary of the Interior may suspend that 
authority through publication in the Federal Register.
152 
† HR 22 EAS 
SEC. 11119. AT-RISK PROJECT PREAGREEMENT AUTHORITY. 
(a) DEFINITION OF PRELIMINARY ENGINEERING.—In 
this section, the term ‘‘preliminary engineering’’ means al-
lowable preconstruction project development and engineer-
ing costs. 
(b) AT-RISK PROJECT PREAGREEMENT AUTHORITY.— 
A recipient or subrecipient of Federal-aid funds under title 
23, United States Code, may— 
(1) incur preliminary engineering costs for an 
eligible project under title 23, United States Code, be-
fore receiving project authorization from the State, in 
the case of a subrecipient, and the Secretary to pro-
ceed with the project; and 
(2) request reimbursement of applicable Federal 
funds after the project authorization is received. 
(c) ELIGIBILITY.—The Secretary may reimburse pre-
liminary engineering costs incurred by a recipient or sub-
recipient under subsection (b)— 
(1) if the costs meet all applicable requirements 
under title 23, United States Code, at the time the 
costs are incurred and the Secretary concurs that the 
requirements have been met; 
(2) in the case of a project located within a des-
ignated nonattainment or maintenance area for air 
quality, if the conformity requirements of the Clean 
Air Act (42 U.S.C. 7401 et seq.) have been met; and
153 
† HR 22 EAS 
(3) if the costs would have been allowable if in-
curred after the date of the project authorization by 
the Department. 
(d) AT-RISK.—A recipient or subrecipient that elects 
to use the authority provided under this section shall— 
(1) assume all risk for preliminary engineering 
costs incurred prior to project authorization; and 
(2) be responsible for ensuring and dem-
onstrating to the Secretary that all applicable cost eli-
gibility conditions are met after the authorization is 
received. 
(e) RESTRICTIONS.—Nothing in this section— 
(1) allows a recipient or subrecipient to use the 
authority under this section to advance a project be-
yond preliminary engineering prior to the completion 
of the environmental review process; 
(2) waives the applicability of Federal require-
ments to a project other than the reimbursement of 
preliminary engineering costs incurred prior to an 
authorization to proceed in accordance with this sec-
tion; or 
(3) guarantees Federal funding of the project or 
the eligibility of the project for future Federal-aid 
highway funding.
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† HR 22 EAS 
Subtitle C—Miscellaneous 
SEC. 11201. CREDITS FOR UNTAXED TRANSPORTATION 
FUELS. 
(a) DEFINITION OF QUALIFIED REVENUES.—In this 
section, the term ‘‘qualified revenues’’ means any 
amounts— 
(1) collected by a State— 
(A) for the registration of a vehicle that op-
erates solely on a fuel that is not subject to a 
Federal tax; and 
(B) not sooner than the second registration 
period following the purchase of the vehicle; and 
(2) that do not exceed, for a vehicle described in 
paragraph (1), an annual amount determined by the 
Secretary to be equal to the annual amount paid for 
Federal motor fuels taxes on the fuel used by an aver-
age passenger car fueled solely by gasoline. 
(b) CREDIT.— 
(1) IN GENERAL.—Subject to paragraph (2), if a 
State contributes qualified revenues to cover not less 
than 5 percent of the total cost of a project eligible for 
assistance under this title, the Federal share payable 
for the project under this section may be increased by 
an amount that is—
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† HR 22 EAS 
(A) equal to the percent of the total cost of 
the project from contributed qualified revenues; 
but 
(B) not more than 5 percent of the total cost 
of the project. 
(2) EXPIRATION.—The authorization of an in-
creased Federal share for a project pursuant to para-
graph (1) expires on September 30, 2023. 
(c) STUDY.— 
(1) IN GENERAL.—Before the expiration date of 
the credit under subsection (b)(2), the Secretary, in 
coordination with other appropriate Federal agencies, 
shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report that describes the most effi-
cient and equitable means of taxing motor vehicle 
fuels not subject to a Federal tax as of the date of sub-
mission of the report. 
(2) REQUIREMENT.—The means described in the 
report under paragraph (1) shall parallel, as closely 
as practicable, the structure of other Federal taxes on 
motor fuels.
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† HR 22 EAS 
SEC. 11202. JUSTIFICATION REPORTS FOR ACCESS POINTS 
ON THE INTERSTATE SYSTEM. 
Section 111(e) of title 23, United States Code, is 
amended by inserting ‘‘(including new or modified freeway- 
to-crossroad interchanges inside a transportation manage-
ment area)’’ after ‘‘the Interstate System’’. 
SEC. 11203. EXEMPTIONS. 
Section 127 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(m) NATURAL GAS VEHICLES.—A vehicle, if operated 
by an engine fueled primarily by natural gas, may exceed 
any vehicle weight limit (up to a maximum gross vehicle 
weight of 82,000 pounds) under this section by an amount 
that is equal to the difference between— 
‘‘(1) the weight of the vehicle attributable to the 
natural gas tank and fueling system carried by that 
vehicle; and 
‘‘(2) the weight of a comparable diesel tank and 
fueling system. 
‘‘(n) EMERGENCY VEHICLES.— 
‘‘(1) DEFINITION OF EMERGENCY VEHICLE.—In 
this subsection, the term ‘emergency vehicle’ means a 
vehicle designed to be used under emergency condi-
tions— 
‘‘(A) to transport personnel and equipment; 
and
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† HR 22 EAS 
‘‘(B) to support the suppression of fires and 
mitigation of other hazardous situations. 
‘‘(2) EMERGENCY VEHICLE WEIGHT LIMIT.—Not-
withstanding subsection (a), a State shall not enforce 
against an emergency vehicle a vehicle weight limit 
(up to a maximum gross vehicle weight of 86,000 
pounds) of less than— 
‘‘(A) 24,000 pounds on a single steering 
axle; 
‘‘(B) 33,500 pounds on a single drive axle; 
‘‘(C) 62,000 pounds on a tandem axle; or 
‘‘(D) 52,000 pounds on a tandem rear drive 
steer axle. 
‘‘(o) OPERATION OF CERTAIN SPECIALIZED VEHICLES 
ON CERTAIN HIGHWAYS IN THE STATE OF ARKANSAS.— 
If any segment of United States Route 63 between the exits 
for highways 14 and 75 in the State of Arkansas is des-
ignated as part of the Interstate System— 
‘‘(1) a vehicle that could legally operate on the 
segment before the date of the designation at the post-
ed speed limit may continue to operate on that seg-
ment; and 
‘‘(2) a vehicle that can only travel below the 
posted speed limit on the segment that could otherwise 
legally operate on the segment before the date of the
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† HR 22 EAS 
designation may continue to operate on that segment 
during daylight hours.’’. 
SEC. 11204. HIGH PRIORITY CORRIDORS ON THE NATIONAL 
HIGHWAY SYSTEM. 
Section 1105 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2031) is amend-
ed— 
(1) in subsection (c) (105 Stat. 2032; 112 Stat. 
190; 119 Stat. 1213)— 
(A) by striking paragraph (13) and insert-
ing the following: 
‘‘(13) Raleigh-Norfolk Corridor from Raleigh, 
North Carolina, through Rocky Mount, Williamston 
and Elizabeth City, North Carolina, to Norfolk, Vir-
ginia.’’; 
(B) in paragraph (18)(D)— 
(i) in clause (ii), by striking ‘‘and’’ at 
the end; 
(ii) in clause (iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) include Texas State Highway 44 
from United States Route 59 at Freer, 
Texas, to Texas State Highway 358.’’; and
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(C) by striking paragraph (68) and insert-
ing the following: 
‘‘(68) The Washoe County Corridor and the 
Intermountain West Corridor shall generally follow: 
‘‘(A) in the case of the Washoe County Cor-
ridor, along Interstate Route 580/United States 
Route 95/United States Route 95A, from Reno, 
Nevada, to Las Vegas, Nevada; and 
‘‘(B) in the case of the Intermountain West 
Corridor, from the vicinity of Las Vegas extend-
ing north along United States Route 95, termi-
nating at Interstate Route 80.’’; and 
(D) by adding at the end the following: 
‘‘(81) United States Route 117/Interstate Route 
795 from United States Route 70 in Goldsboro, 
Wayne County, North Carolina, to Interstate Route 
40 west of Faison, Sampson County, North Carolina. 
‘‘(82) United States Route 70 from its intersec-
tion with Interstate Route 40 in Garner, Wake Coun-
ty, North Carolina, to the Port at Morehead City, 
Carteret County, North Carolina. 
‘‘(83) The Central Texas Corridor commencing 
at the logical terminus of Interstate 10, and generally 
following portions of United States Route 190 east-
ward passing in the vicinity Fort Hood, Killeen,
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Belton, Temple, Bryan, College Station, Huntsville, 
Livingston, Woodville, and to the logical terminus of 
Texas Highway 63 at the Sabine River Bridge at 
Burrs Crossing.’’; 
(2) in subsection (e)(5)— 
(A) in subparagraph (A) (109 Stat. 597; 
118 Stat. 293; 119 Stat. 1213), in the first sen-
tence— 
(i) by inserting ‘‘subsection (c)(13),’’ 
after ‘‘subsection (c)(9),’’; 
(ii) by striking ‘‘subsections (c)(18)’’ 
and all that follows through ‘‘(c)(36)’’ and 
inserting ‘‘subsection (c)(18), subsection 
(c)(20), subparagraphs (A) and (B)(i) of 
subsection (c)(26), subsection (c)(36)’’ ; and 
(iii) 
by 
striking 
‘‘and 
subsection 
(c)(57)’’ and inserting ‘‘subsection (c)(57), 
subsection (c)(68)(B), subsection (c)(81), 
and subsection (c)(82)’’; and 
(B) in subparagraph (C)(i) (109 Stat. 598; 
126 Stat. 427), by striking the last sentence and 
inserting ‘‘The routes referred to in subpara-
graphs (A) and (B)(i) of subsection (c)(26) and 
in subsection (c)(68)(B) are designated as Inter-
state Route I–11.’’.
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SEC. 11205. REPEAT INTOXICATED DRIVER LAW. 
Section 164(a)(4) of title 23, United States Code, is 
amended in the matter preceding subparagraph (A) by in-
serting ‘‘or combination of laws’’ after ‘‘means a State 
law’’. 
SEC. 11206. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT. 
(a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.— 
Section 119(d)(2)(L) of title 23, United States Code, is 
amended by inserting ‘‘, including the installation of inter-
operable vehicle-to-infrastructure communication equip-
ment’’ after ‘‘capital improvements’’. 
(b) SURFACE TRANSPORTATION PROGRAM.—Section 
133(b)(16) of title 23, United States Code, by inserting ‘‘, 
including the installation of interoperable vehicle-to-infra-
structure communication equipment’’ after ‘‘capital im-
provements’’. 
SEC. 11207. RELINQUISHMENT. 
A State transportation agency may relinquish park- 
and-ride lot facilities or portions of park-and-ride lot facili-
ties to a local government agency for highway purposes if 
authorized to do so under State law. 
SEC. 11208. TRANSFER AND SALE OF TOLL CREDITS. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE STATE.—The term ‘‘eligible State’’ 
means a State that—
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(A) is eligible to use a credit under section 
120(i) of title 23, United States Code; and 
(B) has been selected by the Secretary under 
subsection (d)(2). 
(2) RECIPIENT
STATE.—The term ‘‘recipient 
State’’ means a State that receives a credit by trans-
fer or by sale under this section from an eligible 
State. 
(b) ESTABLISHMENT OF PILOT PROGRAM.—Not later 
than 1 year after the date of the establishment of a nation-
wide toll credit monitoring and tracking system under sub-
section (g), the Secretary shall establish and implement a 
toll credit marketplace pilot program in accordance with 
this section. 
(c) PURPOSES.—The purposes of the pilot program es-
tablished under subsection (b) are— 
(1) to identify whether a monetary value can be 
assigned to toll credits; 
(2) to identify the discounted rate of toll credits 
for cash; 
(3) to determine if the purchase of toll credits by 
States provides the purchasing State budget flexibility 
to deal with funding issues, including off-system 
needs, transit systems with high operating costs, or 
cash flow issues; and
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† HR 22 EAS 
(4) to test the feasibility of expanding the toll 
credit market to allow all States to participate on a 
permanent basis. 
(d) SELECTION OF ELIGIBLE STATES.— 
(1) APPLICATION TO SECRETARY.—In order to 
participate in the pilot program established under 
subsection (b), a State shall submit to the Secretary 
an application at such time, in such manner, and 
containing such information as the Secretary may re-
quire. 
(2) SELECTION.—Of the States that submit an 
application under paragraph (1), the Secretary may 
select not more than 10 States to be designated as an 
eligible State. 
(e) TRANSFER OR SALE OF CREDITS.— 
(1) IN GENERAL.—In carrying out the pilot pro-
gram established under subsection (b), the Secretary 
shall provide that an eligible State may transfer or 
sell to a recipient State a credit not used by the eligi-
ble State under section 120(i) of title 23, United 
States Code. 
(2) USE OF CREDITS BY TRANSFEREE OR PUR-
CHASER.—A recipient State may use a credit received 
under paragraph (1) toward the non-Federal share 
requirement for any funds made available to carry
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† HR 22 EAS 
out title 23 or chapter 53 of title 49, United States 
Code. 
(3) CONDITION ON TRANSFER OR SALE OF CRED-
ITS.—To receive a credit under paragraph (1), a re-
cipient State shall enter into an agreement with the 
Secretary described in section 120(i) of title 23, 
United States Code. 
(f) USE OF PROCEEDS FROM SALE OF CREDITS.—An 
eligible State shall use the proceeds from the sale of a credit 
under subsection (e)(1) for any project in the eligible State 
that is eligible under the surface transportation program 
established under section 133 of title 23, United States 
Code. 
(g) TOLL CREDIT MONITORING AND TRACKING.—Not 
later than 180 days after the enactment of this section, the 
Secretary shall establish a nationwide toll credit moni-
toring and tracking system that functions as a real-time 
database on the inventory and use of toll credits among all 
States (as defined in section 101(a) of title 23, United 
States Code). 
(h) NOTIFICATION.—Not later than 30 days after the 
date on which a credit is transferred or sold under sub-
section (e)(1), the eligible State shall submit to the Sec-
retary in writing a notification of the transfer or sale. 
(i) REPORTING REQUIREMENTS.—
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† HR 22 EAS 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of establishment of the pilot program 
under subsection (b), the Secretary shall submit to the 
Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report 
on the progress of the pilot program. 
(2) STATE REPORT.— 
(A) REPORT
BY
ELIGIBLE
STATE.—Not 
later than 30 days after a purchase or sale under 
subsection (e)(1), an eligible State shall submit 
to the Secretary a report that describes— 
(i) information on the transaction; 
(ii) the amount of cash received and 
the value of toll credits sold; 
(iii) the intended use of the cash; and 
(iv) an update on the remaining toll 
credit balance of the State. 
(B) REPORT
BY
RECIPIENT
STATE.—Not 
later than 30 days after a purchase or sale under 
subsection (e)(1), a recipient State shall submit 
to the Secretary a report that describes— 
(i) the value of toll credits purchased; 
(ii) the anticipated use of the toll cred-
its; and
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† HR 22 EAS 
(iii) plans for maintaining mainte-
nance of effort for spending on Federal-aid 
highways projects. 
(3) ANNUAL
REPORT.—Not later than 1 year 
after the date on which the pilot program under sub-
section (b) is established and each year thereafter that 
the pilot program is in effect, the Secretary shall— 
(A) submit to the Committee on Environ-
ment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives a report that— 
(i) determines whether a toll credit 
marketplace is viable; 
(ii) describes the buying and selling ac-
tivities of the pilot program; 
(iii) describes the monetary value of 
toll credits; 
(iv) determines whether the pilot pro-
gram could be expanded to more States or 
all States; and 
(v) provides updated information on 
the toll credit balance accumulated by each 
State; and
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† HR 22 EAS 
(B) make the report described in subpara-
graph (A) publicly available on the website of the 
Department. 
(j) TERMINATION.—The Secretary may terminate the 
program established under this section or the participation 
of any State in the program if the Secretary determines 
that the program is not serving a public benefit. 
SEC. 11209. REGIONAL INFRASTRUCTURE ACCELERATOR 
DEMONSTRATION PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a re-
gional infrastructure demonstration program (referred to in 
this section as the ‘‘program’’) to assist entities in devel-
oping improved infrastructure priorities and financing 
strategies for the accelerated development of a project that 
is eligible for funding under the TIFIA program under 
chapter 6 of title 23, United States Code. 
(b) DESIGNATION OF REGIONAL INFRASTRUCTURE AC-
CELERATORS.—In carrying out the program, the Secretary 
may designate regional infrastructure accelerators that 
will— 
(1) serve a defined geographic area; and 
(2) act as a resource in the geographic area to 
qualified entities in accordance with this section. 
(c) APPLICATION.—To be eligible for a designation 
under subsection (b), a proposed regional infrastructure ac-
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† HR 22 EAS 
celerator shall submit to the Secretary a proposal at such 
time, in such manner, and containing such information as 
the Secretary may require. 
(d) CRITERIA.—In evaluating a proposal submitted 
under subsection (c), the Secretary shall consider— 
(1) the need for geographic diversity among re-
gional infrastructure accelerators; and 
(2) the ability of the proposal to promote invest-
ment in covered infrastructure projects, which shall 
include a plan— 
(A) to evaluate and promote innovative fi-
nancing methods for local projects, including the 
use of the TIFIA program under chapter 6 of 
title 23, United States Code; 
(B) to build capacity of State, local, and 
tribal governments to evaluate and structure 
projects involving the investment of private cap-
ital; 
(C) to provide technical assistance and in-
formation on best practices with respect to fi-
nancing the projects; 
(D) to increase transparency with respect to 
infrastructure project analysis and using inno-
vative 
financing 
for 
public 
infrastructure 
projects;
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† HR 22 EAS 
(E) to deploy predevelopment capital pro-
grams designed to facilitate the creation of a 
pipeline of infrastructure projects available for 
investment; 
(F) to bundle smaller-scale and rural 
projects into larger proposals that may be more 
attractive for investment; and 
(G) to reduce transaction costs for public 
project sponsors. 
(e) ANNUAL REPORT.—Not less frequently than once 
each year, the Secretary shall submit to Congress a report 
that describes the findings and effectiveness of the program. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the program 
$12,000,000, of which the Secretary shall use— 
(1) $11,750,000 for initial grants to regional in-
frastructure accelerators under subsection (b); and 
(2) $250,000 for administrative costs of carrying 
out the program. 
SEC. 11210. SONORAN CORRIDOR INTERSTATE DEVELOP-
MENT. 
(a) FINDINGS.—Congress finds that the designation of 
the Sonoran Corridor Interstate connecting Interstate 19 to 
Interstate 10 south of the Tucson International Airport as 
a future part of the Interstate System would—
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† HR 22 EAS 
(1) enhance direct linkage between major trading 
routes connecting growing ports, agricultural regions, 
infrastructure and manufacturing centers, and exist-
ing high priority corridors of the National Highway 
System; and 
(2) significantly improve connectivity on the fu-
ture Interstate 11 and the CANAMEX Corridor, a 
route directly linking the United States with Mexico 
and Canada. 
(b) HIGH PRIORITY CORRIDORS ON NATIONAL HIGH-
WAY SYSTEM.—Section 1105(c) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 
Stat. 1210) (as amended by section 11204) is amended by 
adding at the end the following: 
‘‘(84) State Route 410, the Sonoran Corridor 
connecting Interstate 19 to Interstate 10 south of the 
Tucson International Airport.’’. 
(c) FUTURE PARTS OF INTERSTATE SYSTEM.—Section 
1105(e)(5)(A) of the Intermodal Surface Transportation Ef-
ficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) (as 
amended by section 11204) is amended in the first sentence 
by striking ‘‘and subsection (c)(82)’’ and inserting ‘‘sub-
section (c)(82), and subsection (c)(84)’’.
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† HR 22 EAS 
TITLE II—TRANSPORTATION 
INNOVATION 
Subtitle A—Research 
SEC. 12001. RESEARCH, TECHNOLOGY, AND EDUCATION. 
(a) HIGHWAY RESEARCH AND DEVELOPMENT PRO-
GRAM.—Section 503(b)(3) of title 23, United States Code, 
is amended— 
(1) in subparagraph (C)— 
(A) in clause (xviii), by striking ‘‘and’’ at 
the end; 
(B) in clause (xix), by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(xx) accelerated mobile, highway- 
speed, bridge inspection methods that pro-
vide 
quantitative 
data-driven 
decision-
making capabilities without requiring lane 
closures; and 
‘‘(xxi) innovative segmental wall tech-
nology for soil bank stabilization and road-
way sound attenuation, and articulated 
technology for hydraulic sheer-resistant ero-
sion control.’’; and 
(2) in subparagraph (D)(i), by inserting ‘‘and 
section 119(e)’’ after ‘‘this subparagraph’’.
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† HR 22 EAS 
(b) TECHNOLOGY AND INNOVATION DEPLOYMENT PRO-
GRAM.—Section 503(c) of title 23, United States Code, is 
amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘carry out’’ and in-
serting ‘‘establish and implement’’; 
(2) in paragraph (2)— 
(A) in subparagraph (B), by striking clause 
(i) and inserting the following: 
‘‘(i) use not less than 50 percent of the 
funds authorized to carry out this sub-
section to make grants to, and enter into co-
operative agreements and contracts with, 
States, other Federal agencies, local govern-
ments, metropolitan planning organiza-
tions, institutions of higher education, pri-
vate sector entities, and nonprofit organiza-
tions to carry out demonstration programs 
that will accelerate the deployment and 
adoption of transportation research activi-
ties;’’; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) the 
following:
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† HR 22 EAS 
‘‘(C) INNOVATION GRANTS.— 
‘‘(i) IN GENERAL.—In carrying out the 
program established under subparagraph 
(B)(i), the Secretary shall establish a trans-
parent competitive process in which entities 
described in subparagraph (B)(i) may sub-
mit an application to receive a grant under 
this subsection. 
‘‘(ii) PUBLICATION
OF
APPLICATION 
PROCESS.—A description of the application 
process established by the Secretary shall— 
‘‘(I) be posted on a public website; 
‘‘(II) identify the information re-
quired to be included in the applica-
tion; and 
‘‘(III) identify the criteria by 
which the Secretary shall select grant 
recipients. 
‘‘(iii) SUBMISSION OF APPLICATION.— 
To receive a grant under this paragraph, an 
entity described in subparagraph (B)(i) 
shall submit an application to the Sec-
retary. 
‘‘(iv) SELECTION AND APPROVAL.—The 
Secretary shall select and approve an appli-
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† HR 22 EAS 
cation submitted under clause (iii) based on 
whether the project described in the applica-
tion meets the goals of the program de-
scribed in paragraph (1).’’; and 
(3) in paragraph (3)(C), by striking ‘‘each of fis-
cal years 2013 through 2014’’ and inserting ‘‘each fis-
cal year’’. 
(c) CONFORMING AMENDMENT.—Section 505(c)(1) of 
title 23, United States Code, is amended by striking ‘‘sec-
tion 503(c)(2)(C)’’ and inserting ‘‘section 503 (c)(2)(D)’’. 
SEC. 12002. INTELLIGENT TRANSPORTATION SYSTEMS. 
(a) INTELLIGENT TRANSPORTATION SYSTEMS DE-
PLOYMENT.—Section 513 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(d) SYSTEM OPERATIONS
AND ITS DEPLOYMENT 
GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a competitive grant program to accelerate the 
deployment, operation, systems management, inter-
modal integration, and interoperability of the ITS 
program and ITS-enabled operational strategies— 
‘‘(A) to measure and improve the perform-
ance of the surface transportation system;
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† HR 22 EAS 
‘‘(B) to reduce traffic congestion and the 
economic and environmental impacts of traffic 
congestion; 
‘‘(C) to minimize fatalities and injuries; 
‘‘(D) to enhance mobility of people and 
goods; 
‘‘(E) to improve traveler information and 
services; and 
‘‘(F) to optimize existing roadway capacity. 
‘‘(2) APPLICATION.—To be eligible for a grant 
under this subsection, an eligible entity shall submit 
an application to the Secretary that includes— 
‘‘(A) a plan to deploy and provide for the 
long-term operation and maintenance of intel-
ligent transportation systems to improve safety, 
efficiency, system performance, and return on in-
vestment, such as— 
‘‘(i) autonomous vehicle communica-
tion technologies; 
‘‘(ii) vehicle-to-vehicle or vehicle-to-in-
frastructure communication technologies; 
‘‘(iii) real-time integrated traffic, tran-
sit, and multimodal transportation infor-
mation;
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† HR 22 EAS 
‘‘(iv) advanced traffic, freight, parking, 
and incident management systems; 
‘‘(v) advanced technologies to improve 
transit and commercial vehicle operations; 
‘‘(vi) synchronized, adaptive, and tran-
sit preferential traffic signals; 
‘‘(vii) advanced infrastructure condi-
tion assessment technologies; and 
‘‘(viii) other technologies to improve 
system operations, including ITS applica-
tions necessary for multimodal systems inte-
gration and for achieving performance 
goals; 
‘‘(B) quantifiable system performance im-
provements, including— 
‘‘(i) reductions in traffic-related crash-
es, congestion, and costs; 
‘‘(ii) optimization of system efficiency; 
and 
‘‘(iii) improvement of access to trans-
portation services; 
‘‘(C) quantifiable safety, mobility, and envi-
ronmental benefit projections, including data- 
driven estimates of the manner in which the 
project will improve the efficiency of the trans-
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† HR 22 EAS 
portation system and reduce traffic congestion in 
the region; 
‘‘(D) a plan for partnering with the private 
sector, including telecommunications industries 
and public service utilities, public agencies (in-
cluding multimodal and multijurisdictional enti-
ties), research institutions, organizations rep-
resenting transportation and technology leaders, 
and other transportation stakeholders; 
‘‘(E) a plan to leverage and optimize exist-
ing local and regional ITS investments; and 
‘‘(F) a plan to ensure interoperability of de-
ployed technologies with other tolling, traffic 
management, and intelligent transportation sys-
tems. 
‘‘(3) SELECTION.— 
‘‘(A) IN GENERAL.—Effective beginning not 
later than 1 year after the date of enactment of 
the DRIVE Act, the Secretary may provide 
grants to eligible entities under this subsection. 
‘‘(B) GEOGRAPHIC DIVERSITY.—In award-
ing a grant under this subsection, the Secretary 
shall ensure, to the maximum extent practicable, 
that grant recipients represent diverse geo-
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† HR 22 EAS 
graphical areas of the United States, including 
urban, suburban, and rural areas. 
‘‘(C) NON-FEDERAL SHARE.—In awarding 
a grant under the subsection, the Secretary shall 
give priority to grant recipients that dem-
onstrate an ability to contribute a significant 
non-Federal share to the cost of carrying out the 
project for which the grant is received. 
‘‘(4) ELIGIBLE USES.—Projects for which grants 
awarded under this subsection may be used include— 
‘‘(A) the deployment of autonomous vehicle 
communication technologies; 
‘‘(B) the deployment of vehicle-to-vehicle or 
vehicle-to-infrastructure 
communication 
tech-
nologies; 
‘‘(C) the establishment and implementation 
of ITS and ITS-enabled operations strategies 
that improve performance in the areas of— 
‘‘(i) traffic operations; 
‘‘(ii) emergency response to surface 
transportation incidents; 
‘‘(iii) incident management; 
‘‘(iv) transit and commercial vehicle 
operations improvements;
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† HR 22 EAS 
‘‘(v) weather event response manage-
ment by State and local authorities; 
‘‘(vi) surface transportation network 
and facility management; 
‘‘(vii) construction and work zone 
management; 
‘‘(viii) traffic flow information; 
‘‘(ix) freight management; and 
‘‘(x) congestion management; 
‘‘(D) carrying out activities that support 
the creation of networks that link metropolitan 
and rural surface transportation systems into an 
integrated data network, capable of collecting, 
sharing, and archiving transportation system 
traffic condition and performance information; 
‘‘(E) the implementation of intelligent 
transportation systems and technologies that im-
prove highway safety through information and 
communications systems linking vehicles, infra-
structure, mobile devices, transportation users, 
and emergency responders; 
‘‘(F) the provision of services necessary to 
ensure the efficient operation and management of 
ITS infrastructure, including costs associated 
with communications, utilities, rent, hardware,
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† HR 22 EAS 
software, labor, administrative costs, training, 
and technical services; 
‘‘(G) the provision of support for the estab-
lishment and maintenance of institutional rela-
tionships between transportation agencies, police, 
emergency medical services, private emergency 
operators, freight operators, shippers, public 
service utilities, and telecommunications pro-
viders; 
‘‘(H) carrying out multimodal and cross-ju-
risdictional planning and deployment of re-
gional transportation systems operations and 
management approaches; and 
‘‘(I) performing project evaluations to deter-
mine the costs, benefits, lessons learned, and fu-
ture deployment strategies associated with the 
deployment of intelligent transportation systems. 
‘‘(5) REPORT TO SECRETARY.—For each fiscal 
year that an eligible entity receives a grant under 
this subsection, not later than 1 year after receiving 
the grant, each recipient shall submit to the Secretary 
a report that describes how the project has met the ex-
pectations projected in the deployment plan submitted 
with the application, including information on—
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† HR 22 EAS 
‘‘(A) how the program has helped reduce 
traffic crashes, congestion, costs, and other bene-
fits of the deployed systems; 
‘‘(B) the effect of measuring and improving 
transportation system performance through the 
deployment of advanced technologies; 
‘‘(C) the effectiveness of providing real-time 
integrated traffic, transit, and multimodal trans-
portation information to the public that allows 
the public to make informed travel decisions; and 
‘‘(D) lessons learned and recommendations 
for future deployment strategies to optimize 
transportation efficiency and multimodal system 
performance. 
‘‘(6) REPORT TO CONGRESS.—Not later than 2 
years after the date on which the first grant is award-
ed under this subsection and annually thereafter for 
each fiscal year for which grants are awarded under 
this subsection, the Secretary shall submit to Congress 
a report that describes the effectiveness of the grant 
recipients in meeting the projected deployment plan 
goals, including data on how the grant program 
has— 
‘‘(A) reduced traffic-related fatalities and 
injuries;
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† HR 22 EAS 
‘‘(B) reduced traffic congestion and im-
proved travel-time reliability; 
‘‘(C) reduced transportation-related emis-
sions; 
‘‘(D) optimized multimodal system perform-
ance; 
‘‘(E) improved access to transportation al-
ternatives; 
‘‘(F) provided the public with access to real- 
time integrated traffic, transit, and multimodal 
transportation information to make informed 
travel decisions; 
‘‘(G) provided cost savings to transportation 
agencies, businesses, and the traveling public; 
and 
‘‘(H) provided other benefits to transpor-
tation users and the general public. 
‘‘(7) ADDITIONAL GRANTS.—If the Secretary de-
termines, based on a report submitted under para-
graph (5), that a grant recipient is not complying 
with the established grant criteria, the Secretary 
may— 
‘‘(A) cease payment to the recipient of any 
remaining grant amounts; and
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† HR 22 EAS 
‘‘(B) redistribute any remaining amounts to 
other eligible entities under this section. 
‘‘(8) NON-FEDERAL SHARE.—The Federal share 
of the cost of a project for which a grant is provided 
under this subsection shall not exceed 50 percent of 
the cost of the project. 
‘‘(9) FUNDING.—Of the funds made available 
each fiscal year to carry out the intelligent transpor-
tation system program under sections 512 through 
518, not less than $30,000,000 shall be used to carry 
out this subsection.’’. 
(b) INTELLIGENT TRANSPORTATION SYSTEMS GOALS 
AND PURPOSES.—Section 514(a) of title 23, United States 
Code, is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; and 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) improvement of the ability of the United 
States to respond to security-related or other man-
made emergencies and natural disasters; and 
‘‘(6) enhancement of the freight system of the 
United States and support to freight policy goals by 
conducting heavy duty vehicle demonstration activi-
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† HR 22 EAS 
ties and accelerating adoption of ITS applications in 
freight operations.’’. 
(c) ITS ADVISORY COMMITTEE REPORT.—Section 
515(h)(4) of title 23, United States Code, is amended in 
the matter preceding subparagraph (A) by striking ‘‘Feb-
ruary 1 of each year after the date of enactment of the 
Transportation Research and Innovative Technology Act of 
2012’’ and inserting ‘‘May 1 of each year’’. 
SEC. 12003. FUTURE INTERSTATE STUDY. 
(a) FINDINGS.—Congress finds that— 
(1) a well-developed system of transportation in-
frastructure is critical to the economic well-being, 
health, and welfare of the people of the United States; 
(2) the 47,000-mile national Interstate System is 
the backbone to that transportation infrastructure 
system; and 
(3) as of the date of enactment of this Act— 
(A) many segments of the approximately 
60-year-old Interstate System are well beyond 
the 50-year design life of the System and yet 
these aging facilities are central to the transpor-
tation infrastructure system, carrying 25 percent 
of the vehicle traffic of the United States on just 
1 percent of the total public roadway mileage;
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† HR 22 EAS 
(B) the need for ongoing maintenance, pres-
ervation, and reconstruction of the Interstate 
System has grown due to increasing and chang-
ing travel demands; and 
(C) simple maintenance of the current con-
dition and configuration of the Interstate System 
is insufficient for the System to fully serve the 
transportation needs of the United States for the 
next 50 years. 
(b) FUTURE INTERSTATE SYSTEM STUDY.—Not later 
than 180 days after the date of enactment of this Act, the 
Secretary shall enter into an agreement with the Transpor-
tation Research Board of the National Academies to conduct 
a study on the actions needed to upgrade and restore the 
Dwight D. Eisenhower National System of Interstate and 
Defense Highways to its role as a premier system network 
that meets the growing and shifting demands of the 21st 
century and for the next 50 years (referred to in this section 
as the ‘‘study’’). 
(c) METHODOLOGIES.—In conducting the study, the 
Transportation Research Board shall build on the meth-
odologies examined and recommended in the report pre-
pared for the American Association of State Highway and 
Transportation Officials entitled ‘‘National Cooperative 
Highway Research Program Project 20–24(79): Specifica-
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† HR 22 EAS 
tions for a National Study of the Future 3R, 4R, and Ca-
pacity Needs of the Interstate System’’ and dated December 
2013. 
(d) RECOMMENDATIONS.—The study— 
(1) shall include specific recommendations re-
garding the features, standards, capacity needs, ap-
plication of technologies, and intergovernmental roles 
to upgrade the Interstate System, including any revi-
sions to law (including regulations) that the Trans-
portation Research Board determines appropriate to 
achieve the goals; and 
(2) is encouraged to build on the robust institu-
tional knowledge in the highway industry in apply-
ing the techniques involved in implementing the 
study. 
(e) CONSIDERATIONS.—In carrying out the study, the 
Transportation Research Board shall determine the need for 
reconstruction and improvement of the Interstate System 
by considering— 
(1) future demands on transportation infrastruc-
ture determined for national planning purposes, in-
cluding commercial and private traffic flows to serve 
future economic activity and growth;
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† HR 22 EAS 
(2) the expected condition of the current Inter-
state System over the next 50 years, including long- 
term deterioration and reconstruction needs; 
(3) those National Highway System routes that 
should be added to the existing Interstate System to 
more efficiently serve national traffic flows; 
(4) features that would take advantage of techno-
logical capabilities to address modern standards of 
construction, maintenance, and operations, for pur-
poses of safety, and system management, taking into 
further consideration system performance and cost; 
and 
(5) the resources necessary to maintain and im-
prove the Interstate System, including the resources 
required to upgrade those National Highway System 
routes identified in paragraph (3) to Interstate stand-
ards. 
(f) CONSULTATION.—In carrying out the study, the 
Transportation Research Board— 
(1) shall convene and consult with a panel of na-
tional experts including current and future owners, 
operators, and users of the Interstate System and pri-
vate sector stakeholders; and 
(2) is encouraged to consult with— 
(A) the Federal Highway Administration;
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(B) States; 
(C) planning agencies at the metropolitan, 
State, and regional levels; 
(D) the motor carrier industry; 
(E) freight shippers; 
(F) highway safety groups; and 
(G) other appropriate entities. 
(g) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Transportation Research 
Board shall submit to the Secretary, the Committee on En-
vironment and Public Works of the Senate, and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report on the results of the study con-
ducted under this section. 
(h) FUNDING.—From amounts authorized to carry out 
the Highway Research and Development Program, the Sec-
retary shall use up to $5,000,000 for fiscal year 2016 to 
carry out this section. 
SEC. 12004. RESEARCHING SURFACE TRANSPORTATION 
SYSTEM FUNDING ALTERNATIVES. 
(a) IN GENERAL.—The Secretary shall promote the re-
search of user-based alternative revenue mechanisms that 
preserve a user fee structure to maintain the long-term sol-
vency of the Highway Trust Fund.
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† HR 22 EAS 
(b) OBJECTIVES.—The objectives of the research de-
scribed in subsection (a) shall be— 
(1) to study uncertainties relating to the design, 
acceptance, and implementation of 2 or more future 
user-based alternative revenue mechanisms; 
(2) to define the functionality of those user-based 
alternative revenue mechanisms; 
(3) to conduct or promote research activities to 
demonstrate and test those user-based alternative rev-
enue mechanisms, including by conducting field 
trials, by partnering with individual States, groups 
of States, or other appropriate entities to conduct the 
research activities; 
(4) to conduct outreach to increase public aware-
ness regarding the need for alternative funding 
sources for surface transportation programs and pro-
vide information on possible approaches; 
(5) to provide recommendations regarding adop-
tion and implementation of those user-based alter-
native revenue mechanisms; and 
(6) to minimize the administrative cost of any 
potential user-based alternative revenue mechanisms. 
(c) GRANTS.—The Secretary shall provide grants to 
individual States, groups of States, or other appropriate 
entities to conduct research that addresses—
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† HR 22 EAS 
(1) the implementation, interoperability, public 
acceptance, and other potential hurdles to the adop-
tion of a user-based alternative revenue mechanism; 
(2) the protection of personal privacy; 
(3) the use of independent and private third- 
party vendors to collect fees and operate the user- 
based alternative revenue mechanism; 
(4) equity concerns, including the impacts of the 
user-based alternative revenue mechanism on differing 
income groups, various geographic areas, and the rel-
ative burdens on rural and urban drivers; 
(5) ease of compliance for different users of the 
transportation system; 
(6) the reliability and security of technology used 
to implement the user-based alternative revenue mech-
anism; 
(7) the flexibility and choices of user-based alter-
native revenue mechanisms, including the ability of 
users to select from various technology and payment 
options; 
(8) the cost of administering the user-based alter-
native revenue mechanism; and 
(9) the ability of the administering entity to 
audit and enforce user compliance. 
(d) ADVISORY COUNCIL.—
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† HR 22 EAS 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of the Treasury, shall 
establish and lead a Surface Transportation Revenue 
Alternatives Advisory Council (referred to in this sub-
section as the ‘‘Council’’) to inform the selection and 
evaluation of user-based alternative revenue mecha-
nisms. 
(2) MEMBERSHIP.— 
(A) IN
GENERAL.—The members of the 
Council shall— 
(i) be appointed by the Secretary; and 
(ii) include, at a minimum— 
(I) representatives with experience 
in user-based alternative revenue mech-
anisms, of which— 
(aa) not fewer than 1 shall 
be from the Department; 
(bb) not fewer than 1 shall be 
from the Department of the Treas-
ury; and 
(cc) not fewer than 2 shall be 
from State departments of trans-
portation;
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† HR 22 EAS 
(II) representatives from applica-
ble users of the surface transportation 
system; and 
(III) appropriate technology and 
public privacy experts. 
(B) GEOGRAPHIC
CONSIDERATIONS.—The 
Secretary shall consider geographic diversity 
when selecting members under this paragraph. 
(3) FUNCTIONS.—Not later than 1 year after the 
date on which the Council is established, the Council 
shall, at a minimum— 
(A) define the functionality of 2 or more 
user-based alternative revenue mechanisms; 
(B) identify technological, administrative, 
institutional, privacy, and other issues that— 
(i) are associated with the user-based 
alternative revenue mechanisms; and 
(ii) may be researched through research 
activities; 
(C) conduct public outreach to identify and 
assess questions and concerns about the user- 
based alternative revenue mechanisms for future 
evaluation through research activities; and
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† HR 22 EAS 
(D) provide recommendations to the Sec-
retary on the process and criteria used for select-
ing research activities under subsection (c). 
(4) EVALUATIONS.—The Council shall conduct 
periodic evaluations of the research activities that 
have received assistance from the Secretary under this 
section. 
(5) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Council shall not be subject to the 
Federal Advisory Committee Act (5 U.S.C. App.). 
(e) BIENNIAL REPORTS.—Not later than 2 years after 
the date of enactment of this Act, and every 2 years there-
after until the completion of the research activities under 
this section, the Secretary shall submit to the Secretary of 
the Treasury, the Committee on Finance and the Committee 
on Environment and Public Works of the Senate, and the 
Committee on Ways and Means and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a report describing the progress of the research 
activities. 
(f) FINAL REPORT.—On the completion of the research 
activities under this section, the Secretary and the Sec-
retary of the Treasury, acting jointly, shall submit to the 
Committee on Finance and the Committee on Environment 
and Public Works of the Senate and the Committee on Ways
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† HR 22 EAS 
and Means and the Committee on Transportation and In-
frastructure of the House of Representatives a report de-
scribing the results of the research activities and any rec-
ommendations. 
(g) FUNDING.—Of the funds authorized to carry out 
section 503(b) of title 23, United States Code— 
(1) $15,000,000 shall be used to carry out this 
section in fiscal year 2016; and 
(2) $20,000,000 shall be used to carry out this 
section in each of fiscal years 2017 through 2021. 
Subtitle B—Data 
SEC. 12101. TRIBAL DATA COLLECTION. 
Section 201(c)(6) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(C) TRIBAL DATA COLLECTION.—In addi-
tion to the data to be collected under subpara-
graph (A), not later than 90 days after the end 
of each fiscal year, any entity carrying out a 
project under the tribal transportation program 
under section 202 shall submit to the Secretary 
and the Secretary of Interior, based on obliga-
tions and expenditures under the tribal transpor-
tation program during the preceding fiscal year, 
the following data:
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† HR 22 EAS 
‘‘(i) The names of projects or activities 
carried out by the entity under the tribal 
transportation program during the pre-
ceding fiscal year. 
‘‘(ii) A description of the projects or 
activities identified under clause (i). 
‘‘(iii) The current status of the projects 
or activities identified under clause (i). 
‘‘(iv) An estimate of the number of jobs 
created and the number of jobs retained by 
the projects or activities identified under 
clause (i).’’. 
SEC. 12102. PERFORMANCE MANAGEMENT DATA SUPPORT 
PROGRAM. 
(a) PERFORMANCE MANAGEMENT DATA SUPPORT.— 
The Administrator of the Federal Highway Administration 
shall develop, use, and maintain data sets and data anal-
ysis tools to assist metropolitan planning organizations, 
States, and the Federal Highway Administration in car-
rying out performance management analyses (including the 
performance management requirements under section 150 
of title 23, United States Code). 
(b) INCLUSIONS.—The data analysis activities author-
ized under subsection (a) may include—
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† HR 22 EAS 
(1) collecting and distributing vehicle probe data 
describing traffic on Federal-aid highways; 
(2) collecting household travel behavior data to 
assess local and cross-jurisdictional travel, including 
to accommodate external and through travel; 
(3) enhancing existing data collection and anal-
ysis tools to accommodate performance measures, tar-
gets, and related data, so as to better understand trip 
origin and destination, trip time, and mode; 
(4) enhancing existing data analysis tools to im-
prove performance predictions and travel models in 
reports described in section 150(e) of title 23, United 
States Code; and 
(5) developing tools— 
(A) to improve performance analysis; and 
(B) to evaluate the effects of project invest-
ments on performance. 
(c) FUNDING.—From amounts authorized to carry out 
the Highway Research and Development Program, the Ad-
ministrator may use up to $10,000,000 for each of fiscal 
years 2016 through 2021 to carry out this section.
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† HR 22 EAS 
Subtitle C—Transparency and Best 
Practices 
SEC. 12201. EVERY DAY COUNTS INITIATIVE. 
(a) IN GENERAL.—It is in the national interest for 
the Department, State departments of transportation, and 
all other recipients of Federal transportation funds— 
(1) to identify, accelerate, and deploy innovation 
aimed at shortening project delivery, enhancing the 
safety of the roadways of the United States, and pro-
tecting the environment; 
(2) to ensure that the planning, design, engineer-
ing, construction, and financing of transportation 
projects is done in an efficient and effective manner; 
(3) to promote the rapid deployment of proven 
solutions that provide greater accountability for pub-
lic investments and encourage greater private sector 
involvement; and 
(4) to create a culture of innovation within the 
highway community. 
(b) EVERY DAY COUNTS INITIATIVE.—To advance the 
policy described in subsection (a), the Administrator of the 
Federal Highway Administration (referred to in this sec-
tion as the ‘‘Administrator’’) shall continue the Every Day 
Counts initiative to work with States, local transportation
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† HR 22 EAS 
agencies, and industry stakeholders to identify and deploy 
proven innovative practices and products that— 
(1) accelerate innovation deployment; 
(2) shorten the project delivery process; 
(3) improve environmental sustainability; 
(4) enhance roadway safety; and 
(5) reduce congestion. 
(c) INNOVATION DEPLOYMENT.— 
(1) IN GENERAL.—At least every 2 years, the Ad-
ministrator shall work collaboratively with stake-
holders to identify a new collection of innovations, 
best practices, and data to be deployed to highway 
stakeholders through case studies, webinars, and dem-
onstration projects. 
(2) REQUIREMENTS.—In identifying a collection 
described in paragraph (1), the Secretary shall take 
into account market readiness, impacts, benefits, and 
ease of adoption of the innovation or practice. 
(d) PUBLICATION.—Each collection identified under 
subsection (c) shall be published by the Administrator on 
a publicly available website. 
SEC. 12202. DEPARTMENT OF TRANSPORTATION PERFORM-
ANCE MEASURES. 
(a) PERFORMANCE MEASURES.—Not later than 1 year 
after the date of enactment of this Act, the Secretary, in
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† HR 22 EAS 
coordination with the heads of other Federal agencies with 
responsibility for the review and approval of projects funded 
under title 23, United States Code, shall measure and re-
port on— 
(1) the progress made toward aligning Federal 
reviews of projects funded under title 23, United 
States Code, and the improvement of project delivery 
associated with those projects; and 
(2) as applicable, the effectiveness of the Depart-
ment in achieving the goals described in section 
150(b) of title 23, United States Code, through discre-
tionary programs. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act and biennially thereafter, the Sec-
retary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
a report describing the results of the evaluation conducted 
under subsection (a). 
(c) INSPECTOR GENERAL REPORT.—Not later than 3 
years after the date of enactment of this Act, the Inspector 
General of the Department shall submit to the Committee 
on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the
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† HR 22 EAS 
House of Representatives a report describing the results of 
the evaluation conducted under subsection (a). 
SEC. 12203. GRANT PROGRAM FOR ACHIEVEMENT IN TRANS-
PORTATION FOR PERFORMANCE AND INNO-
VATION. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ includes— 
(A) a State; 
(B) a unit of local government; 
(C) a tribal organization (as defined in sec-
tion 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b)); and 
(D) a metropolitan planning organization. 
(2) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; and 
(D) any other territory (as defined in sec-
tion 165(c)(1) of title 23, United States Code). 
(b) ESTABLISHMENT
OF PROGRAM.—The Secretary 
shall establish a competitive grant program to reward— 
(1) achievement in transportation performance 
management; and
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(2) the implementation of strategies that achieve 
innovation and efficiency in surface transportation. 
(c) PURPOSE.—The purpose of the program under this 
section shall be to reward entities for the implementation 
of policies and procedures that— 
(1) support performance-based management of 
the surface transportation system and improve trans-
portation outcomes; or 
(2) use innovative technologies and practices that 
improve the efficiency and performance of the surface 
transportation system. 
(d) APPLICATION.— 
(1) IN GENERAL.—An eligible entity may submit 
to the Secretary an application for a grant under this 
section. 
(2) CONTENTS.—An application under para-
graph (1) shall indicate the means by which the eligi-
ble entity has met the requirements and purpose of 
the program under this section, including by— 
(A) establishing, and making progress to-
ward achieving, performance targets that exceed 
the requirements of title 23, United States Code; 
(B) using innovative techniques and prac-
tices that enhance the effective movement of peo-
ple, goods, and services, such as technologies that
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† HR 22 EAS 
reduce construction time, improve operational ef-
ficiencies, and extend the service life of highways 
and bridges; and 
(C) employing transportation planning 
tools and procedures that improve transparency 
and the development of transportation invest-
ment strategies within the jurisdiction of the eli-
gible entity. 
(e) EVALUATION CRITERIA.—In awarding a grant 
under this section, the Secretary shall take into consider-
ation the extent to which the application of the applicable 
eligible entity under subsection (d)— 
(1) demonstrates performance in meeting the re-
quirements of subsection (c); and 
(2) promotes the national goals described in sec-
tion 150(b) of title 23, United States Code. 
(f) ELIGIBLE ACTIVITIES.—Amounts made available 
to carry out this section shall be used for projects eligible 
for funding under— 
(1) title 23, United States Code; or 
(2) chapter 53 of title 49, United States Code. 
(g) LIMITATION.—The amount of a grant under this 
section shall be not more than $15,000,000. 
(h) AUTHORIZATION OF APPROPRIATIONS.—
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(1) IN GENERAL.—There is authorized to be ap-
propriated out of the general fund of the Treasury to 
carry out this section $150,000,000 for each of fiscal 
years 2016 through 2021, to remain available until 
expended. 
(2) ADMINISTRATIVE
COSTS.—The Secretary 
shall withhold a reasonable amount of funds made 
available under paragraph (1) for administration of 
the program under this section, not to exceed 3 per-
cent of the amount appropriated for each applicable 
fiscal year. 
(i) APPLICABILITY
OF
REQUIREMENTS.—Amounts 
made available under this section shall be administered as 
if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
SEC. 12204. HIGHWAY TRUST FUND TRANSPARENCY AND 
ACCOUNTABILITY. 
(a) IN GENERAL.—Section 104 of title 23, United 
States Code, is amended by striking subsection (g) and in-
serting the following: 
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC-
COUNTABILITY REPORT.— 
‘‘(1) PUBLICLY AVAILABLE REPORT.—Not later 
than 180 days after the date of enactment of the 
DRIVE Act and quarterly thereafter, the Secretary
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shall compile data in accordance with this subsection 
on the use of Federal-aid highway program funds 
made available under this title. 
‘‘(2) REQUIREMENTS.—The Secretary shall en-
sure that the reports required under this subsection 
are made available in a user-friendly manner on the 
public website of the Department of Transportation 
and can be searched and downloaded by users of the 
website. 
‘‘(3) CONTENTS OF REPORT.— 
‘‘(A) APPORTIONED AND ALLOCATED PRO-
GRAMS.—For each fiscal year, the report shall 
include comprehensive data for each program, 
organized by State, that includes— 
‘‘(i) the total amount of funds avail-
able for obligation, identifying the unobli-
gated balance of funds available at the end 
of the preceding fiscal year and new fund-
ing available for the current fiscal year; 
‘‘(ii) the total amount of funding obli-
gated during the current fiscal year; 
‘‘(iii) the remaining amount of funds 
available for obligation; 
‘‘(iv) changes in the obligated, unex-
pended balance during the current fiscal
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year, including the obligated, unexpended 
balance at the end of the preceding fiscal 
year and current fiscal year expenditures; 
and 
‘‘(v) the percentage of the total amount 
of obligations for the current fiscal year 
used for construction and the total amount 
obligated during the current fiscal year for 
rehabilitation. 
‘‘(B) PROJECT DATA.—To the maximum ex-
tent practicable, the report shall include project- 
specific data, including data describing— 
‘‘(i) the specific location of a project; 
‘‘(ii) whether the project is located in 
an area of the State with a population of— 
‘‘(I) less than 5,000 individuals; 
‘‘(II) 5,000 or more individuals 
but less than 50,000 individuals; or 
‘‘(III) 50,000 or more individuals; 
‘‘(iii) the total cost of the project; 
‘‘(iv) the amount of Federal funding 
being used on the project; 
‘‘(v) the 1 or more programs from 
which Federal funds are obligated on the 
project;
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† HR 22 EAS 
‘‘(vi) the type of improvement being 
made, such as categorizing the project as— 
‘‘(I) a road reconstruction project; 
‘‘(II) a new road construction 
project; 
‘‘(III) a new bridge construction 
project; 
‘‘(IV) 
a 
bridge 
rehabilitation 
project; or 
‘‘(V) a bridge replacement project; 
and 
‘‘(vii) the ownership of the highway or 
bridge. 
‘‘(C) TRANSFERS
BETWEEN
PROGRAMS.— 
The report shall include a description of the 
amount of funds transferred between programs 
by each State under section 126.’’. 
(b) CONFORMING
AMENDMENT.—Section 1503 of 
MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is 
amended by striking subsection (c). 
SEC. 12205. REPORT ON HIGHWAY TRUST FUND ADMINIS-
TRATIVE EXPENDITURES. 
(a) INITIAL REPORT.—Not later than 150 days after 
the date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report de-
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scribing the administrative expenses of the Federal High-
way Administration funded from the Highway Trust Fund 
during the 3 most recent fiscal years. 
(b) UPDATES.—Not later than 5 years after the date 
on which the report is submitted under subsection (a) and 
every 5 years thereafter, the Comptroller General shall sub-
mit to Congress a report that updates the information pro-
vided in the report under that subsection for the preceding 
5-year period. 
(c) INCLUSIONS.—Each report submitted under sub-
section (a) or (b) shall include a description of the— 
(1) types of administrative expenses of programs 
and offices funded by the Highway Trust Fund; 
(2) tracking and monitoring of administrative 
expenses; 
(3) controls in place to ensure that funding for 
administrative expenses is used as efficiently as prac-
ticable; and 
(4) flexibility of the Department to reallocate 
amounts from the Highway Trust Fund between full- 
time equivalent employees and other functions. 
SEC. 12206. AVAILABILITY OF REPORTS. 
(a) IN GENERAL.—The Secretary shall make available 
to the public on the website of the Department any report
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† HR 22 EAS 
required to be submitted by the Secretary to Congress after 
the date of enactment of this Act. 
(b) DEADLINE.—Each report described in subsection 
(a) shall be made available on the website not later than 
30 days after the report is submitted to Congress. 
SEC. 12207. PERFORMANCE PERIOD ADJUSTMENT. 
(a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.— 
Section 119 of title 23, United States Code, is amended— 
(1) in subsection (e)(7), by striking ‘‘for 2 con-
secutive reports submitted under this paragraph shall 
include in the next report submitted’’ and inserting 
‘‘shall include as part of the performance target re-
port under section 150(e)’’; and 
(2) in subsection (f)(1)(A), by striking ‘‘If, dur-
ing 2 consecutive reporting periods, the condition of 
the Interstate System, excluding bridges on the Inter-
state System, in a State falls’’ and inserting ‘‘If a 
State reports that the condition of the Interstate Sys-
tem, excluding bridges on the Interstate System, has 
fallen’’. 
(b) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—Sec-
tion 148(i) of title 23, United States Code, is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘performance targets of the State established 
under section 150(d) by the date that is 2 years after
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the date of the establishment of the performance tar-
gets’’ and inserting ‘‘safety performance targets of the 
State established under section 150(d)’’; and 
(2) in paragraphs (1) and (2), by inserting 
‘‘safety’’ before ‘‘performance targets’’ each place it 
appears. 
SEC. 12208. DESIGN STANDARDS. 
(a) IN GENERAL.—Section 109 of title 23, United 
States Code, is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘may take into ac-
count’’ and inserting ‘‘shall consider’’; and 
(ii) in subparagraph (C), by striking 
‘‘access for’’ and inserting ‘‘access and safe-
ty for’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(ii) by redesignating subparagraph (D) 
as subparagraph (F); and 
(iii) by inserting after subparagraph 
(C) the following:
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‘‘(D) the publication entitled ‘Highway 
Safety Manual’ of the American Association of 
State Highway and Transportation Officials; 
‘‘(E) the publication entitled ‘Urban Street 
Design Guide’ of the National Association of 
City Transportation Officials; and’’; 
(2) in subsection (f), by inserting ‘‘pedestrian 
walkways,’’ after ‘‘bikeways,’’; and 
(3) by adding at the end the following: 
‘‘(s) SAFETY FOR MOTORIZED AND NONMOTORIZED 
USERS.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this subsection, the Sec-
retary shall establish standards to ensure that the de-
sign of Federal surface transportation projects pro-
vides for the safe and adequate accommodation (as 
determined by the State or other direct recipient of 
funds), in all phases of project planning, development, 
and operation, of all users of the transportation net-
work, including motorized and nonmotorized users. 
‘‘(2) WAIVER FOR STATE LAW OR POLICY.—The 
Secretary may waive the application of standards es-
tablished under paragraph (1) to a State that has 
adopted a law or policy that provides for the safe and 
adequate accommodation (as determined by the State
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or other direct recipient of funds), in all phases of 
project planning and development, of users of the 
transportation network on federally funded surface 
transportation projects. 
‘‘(3) COMPLIANCE.— 
‘‘(A) IN GENERAL.—Each State department 
of transportation shall submit a report to the 
Secretary, at such time, in such manner, and 
containing such information as the Secretary 
shall require, that describes measures imple-
mented by the State to comply with this sub-
section. 
‘‘(B) DETERMINATION
BY
SECRETARY.— 
Upon the receipt of a report from a State under 
subparagraph (A), the Secretary shall determine 
whether the State is in compliance with this sec-
tion.’’. 
(b) 
DESIGN
STANDARD
FLEXIBILITY.—Notwith-
standing section 109(o) of title 23, United States Code, a 
local jurisdiction may use a roadway design guide that is 
different from the roadway design guide used by the State 
in which the local jurisdiction is located for the design of 
projects on all roadways under the ownership of the local 
jurisdiction (other than a highway on the Interstate Sys-
tem) if—
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(1) the local jurisdiction is the project sponsor; 
(2) the roadway design guide— 
(A) is recognized by the Federal Highway 
Administration; and 
(B) is adopted by the local jurisdiction; and 
(3) the design complies with all other applicable 
Federal laws. 
TITLE III—TRANSPORTATION IN-
FRASTRUCTURE 
FINANCE 
AND 
INNOVATION 
ACT 
OF 
1998 AMENDMENTS 
SEC. 13001. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT OF 1998 AMENDMENTS. 
(a) DEFINITIONS.—Section 601(a) of title 23, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘In this chapter, the’’ and 
inserting ‘‘The’’; and 
(B) by inserting ‘‘to sections 601 through 
609’’ after ‘‘apply’’; 
(2) in paragraph (2)— 
(A) in subparagraph (B), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and
213 
† HR 22 EAS 
(C) by adding at the end the following: 
‘‘(D) capitalizing a rural projects fund 
using the proceeds of a secured loan made to a 
State infrastructure bank in accordance with 
sections 602 and 603, for the purpose of making 
loans to sponsors of rural infrastructure projects 
in accordance with section 610.’’; 
(3) in paragraph (3), by striking ‘‘this chapter’’ 
and inserting ‘‘the TIFIA program’’; 
(4) in paragraph (10)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) 
by 
inserting 
‘‘related’’ 
before 
‘‘projects’’; and 
(ii) by striking ‘‘(which shall receive 
an investment grade rating from a rating 
agency)’’; 
(B) in subparagraph (A), by striking ‘‘sub-
ject to the availability of future funds being 
made available to carry out this chapter;’’ and 
inserting ‘‘subject to— 
‘‘(i) the availability of future funds 
being made available to carry out the 
TIFIA program; and
214 
† HR 22 EAS 
‘‘(ii) the satisfaction of all of the condi-
tions for the provision of credit assistance 
under the TIFIA program, including sec-
tion 603(b)(1);’’; and 
(C) in subparagraph (D)— 
(i) by redesignating clauses (ii) and 
(iii) as clauses (iii) and (iv), respectively; 
(ii) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) receiving an investment grade 
rating from a rating agency;’’; 
(iii) in clause (iii) (as so redesig-
nated), by striking ‘‘section 602(c)’’ and in-
serting ‘‘including sections 602(c) and 
603(b)(1)’’; and 
(iv) in clause (iv) (as so redesignated), 
by striking ‘‘this chapter’’ and inserting 
‘‘the TIFIA program’’; 
(5) in paragraph (12)— 
(A) in subparagraph (D)(iv), by striking 
the period at the end and inserting ‘‘; and’’; and 
(B) by adding at the end the following: 
‘‘(E) a project to improve or construct pub-
lic infrastructure that is located within walking 
distance of, and accessible to, a fixed guideway
215 
† HR 22 EAS 
transit facility, passenger rail station, intercity 
bus station, or intermodal facility, including a 
transportation, 
public 
utility, 
and 
capital 
project described in section 5302(3)(G)(v) of title 
49, and related infrastructure; 
‘‘(F) a project for the acquisition of plant 
and wildlife habitat pursuant to a conservation 
plan that— 
‘‘(i) has been approved by the Sec-
retary of the Interior pursuant to section 10 
of the Endangered Species Act of 1973 (16 
U.S.C. 1539); and 
‘‘(ii) as determined by the Secretary of 
the Interior, would mitigate the environ-
mental impacts of transportation infra-
structure projects otherwise eligible for as-
sistance under the TIFIA program; and 
‘‘(G) the capitalization of a rural projects 
fund by a State infrastructure bank with the 
proceeds of a secured loan made in accordance 
with sections 602 and 603, for the purpose of 
making loans to sponsors of rural infrastructure 
projects in accordance with section 610.’’; 
(6) in paragraph (15), by striking ‘‘means’’ and 
all that follows through the period at the end and in-
216 
† HR 22 EAS 
serting ‘‘means a surface transportation infrastruc-
ture project located in an area that is outside of an 
urbanized area with a population greater than 
150,000 individuals, as determined by the Bureau of 
the Census.’’; 
(7) by redesignating paragraphs (16), (17), (18), 
(19), and (20) as paragraphs (17), (18), (20), (21), 
and (22), respectively; 
(8) by inserting after paragraph (15) the fol-
lowing: 
‘‘(16) RURAL PROJECTS FUND.—The term ‘rural 
projects fund’ means a fund— 
‘‘(A) established by a State infrastructure 
bank in accordance with section 610(d)(4); 
‘‘(B) capitalized with the proceeds of a se-
cured loan made to the bank in accordance with 
sections 602 and 603; and 
‘‘(C) for the purpose of making loans to 
sponsors of rural infrastructure projects in ac-
cordance with section 610.’’; 
(9) by inserting after paragraph (18) (as redes-
ignated) the following: 
‘‘(19) STATE INFRASTRUCTURE BANK.—The term 
‘State infrastructure bank’ means an infrastructure 
bank established under section 610.’’; and
217 
† HR 22 EAS 
(10) in paragraph (22) (as redesignated), by in-
serting ‘‘established under sections 602 through 609’’ 
after ‘‘Department’’. 
(b) DETERMINATION OF ELIGIBILITY AND PROJECT 
SELECTION.—Section 602 of title 23, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘this chap-
ter’’ and inserting ‘‘the TIFIA program’’; 
(B) in paragraph (2)(A), by striking ‘‘this 
chapter’’ and inserting ‘‘the TIFIA program’’; 
(C) in paragraph (3), by striking ‘‘this 
chapter’’ and inserting ‘‘the TIFIA program’’; 
(D) in paragraph (5)— 
(i) by striking the heading and insert-
ing ‘‘ELIGIBLE
PROJECT
COST
PARAM-
ETERS.—’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘subparagraph (B), to 
be eligible for assistance under this 
chapter, a project’’ and inserting ‘‘sub-
paragraphs (B) and (C), a project 
under the TIFIA program’’;
218 
† HR 22 EAS 
(II) by striking clause (i) and in-
serting the following: 
‘‘(i) $50,000,000; and’’; and 
(III) in clause (ii), by striking 
‘‘assistance’’; and 
(iii) in subparagraph (B)— 
(I) by striking the subparagraph 
designation and heading and all that 
follows through ‘‘In the case’’ and in-
serting the following: 
‘‘(B) EXCEPTIONS.— 
‘‘(i) 
INTELLIGENT
TRANSPORTATION 
SYSTEMS.—In the case’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(ii) 
TRANSIT-ORIENTED
DEVELOP-
MENT PROJECTS.—In the case of a project 
described in section 601(a)(12)(E), eligible 
project costs shall be reasonably anticipated 
to equal or exceed $10,000,000. 
‘‘(iii) RURAL PROJECTS.—In the case 
of a rural infrastructure project or a project 
capitalizing a rural projects fund, eligible 
project costs shall be reasonably anticipated
219 
† HR 22 EAS 
to equal or exceed $10,000,000, but not to 
exceed $100,000,000. 
‘‘(iv) 
LOCAL
INFRASTRUCTURE 
PROJECTS.—Eligible project costs shall be 
reasonably anticipated to equal or exceed 
$10,000,000 in the case of projects or pro-
grams of projects— 
‘‘(I) in which the applicant is a 
local government, public authority, or 
instrumentality of local government; 
‘‘(II) located on a facility owned 
by a local government; or 
‘‘(III) for which the Secretary de-
termines that a local government is 
substantially involved in the develop-
ment of the project.’’; 
(E) in paragraph (9), in the matter pre-
ceding subparagraph (A), by striking ‘‘this chap-
ter’’ and inserting ‘‘the TIFIA program’’; and 
(F) in paragraph (10)— 
(i) by striking ‘‘To be eligible’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), to be eligible’’;
220 
† HR 22 EAS 
(ii) by striking ‘‘this chapter’’ each 
place it appears and inserting ‘‘the TIFIA 
program’’; 
(iii) by striking ‘‘not later than’’ and 
inserting ‘‘no later than’’; and 
(iv) by adding at the end the following: 
‘‘(B) RURAL PROJECTS FUND.—In the case 
of a project capitalizing a rural projects fund, 
the State infrastructure bank shall demonstrate, 
not later than 2 years after the date on which a 
secured loan is obligated for the project under the 
TIFIA program, that the bank has executed a 
loan agreement with a borrower for a rural in-
frastructure project in accordance with section 
610. After the demonstration is made, the bank 
may draw upon the secured loan. At the end of 
the 2-year period, to the extent the bank has not 
used the loan commitment, the Secretary may 
extend the term of the loan or withdraw the loan 
commitment.’’; 
(2) in subsection (b), by striking paragraph (2) 
and inserting the following: 
‘‘(2) MASTER CREDIT AGREEMENTS.— 
‘‘(A) PROGRAM OF RELATED PROJECTS.— 
The Secretary may enter into a master credit
221 
† HR 22 EAS 
agreement for a program of related projects se-
cured by a common security pledge on terms ac-
ceptable to the Secretary. 
‘‘(B) ADEQUATE
FUNDING
NOT
AVAIL-
ABLE.—If the Secretary fully obligates funding 
to eligible projects for a fiscal year and adequate 
funding is not available to fund a credit instru-
ment, a project sponsor of an eligible project 
may elect to enter into a master credit agreement 
and wait to execute a credit instrument until the 
fiscal year for which additional funds are avail-
able to receive credit assistance.’’; 
(3) in subsection (c)(1), in the matter preceding 
subparagraph (A), by striking ‘‘this chapter’’ and in-
serting ‘‘the TIFIA program’’; and 
(4) in subsection (e), by striking ‘‘this chapter’’ 
and inserting ‘‘the TIFIA program’’. 
(c) SECURED LOAN TERMS AND LIMITATIONS.—Sec-
tion 603(b) of title 23, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘The amount of’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amount of’’; and 
(B) by adding at the end the following:
222 
† HR 22 EAS 
‘‘(B) RURAL PROJECTS FUND.—In the case 
of a project capitalizing a rural projects fund, 
the maximum amount of a secured loan made to 
a State infrastructure bank shall be determined 
in accordance with section 602(a)(5)(B)(iii).’’; 
(2) in paragraph (3)(A)(i)— 
(A) in subclause (III), by striking ‘‘or’’ at 
the end; 
(B) in subclause (IV), by striking ‘‘and’’ at 
the end and inserting ‘‘or’’; and 
(C) by adding at the end the following: 
‘‘(V) in the case of a secured loan 
for a project capitalizing a rural 
projects fund, any other dedicated rev-
enue sources available to a State infra-
structure bank, including repayments 
from loans made by the bank for rural 
infrastructure projects; and’’; 
(3) in paragraph (4)(B)— 
(A) in clause (i), by striking ‘‘under this 
chapter’’ and inserting ‘‘or a rural projects fund 
under the TIFIA program’’; and 
(B) in clause (ii), by inserting ‘‘and rural 
project 
funds’’ 
after 
‘‘rural 
infrastructure 
projects’’;
223 
† HR 22 EAS 
(4) in paragraph (5)— 
(A) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively, and 
indenting appropriately; 
(B) in the matter preceding subparagraph 
(A), by striking ‘‘The final’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the final’’; and 
(C) by adding at the end the following: 
‘‘(B) RURAL PROJECTS FUND.—In the case 
of a project capitalizing a rural projects fund, 
the final maturity date of the secured loan shall 
not exceed 35 years after the date on which the 
secured loan is obligated.’’; 
(5) in paragraph (8), by striking ‘‘this chapter’’ 
and inserting ‘‘the TIFIA program’’; and 
(6) in paragraph (9)— 
(A) by striking ‘‘The total Federal assist-
ance provided on a project receiving a loan 
under this chapter’’ and inserting the following: 
‘‘(A) IN GENERAL.—The total Federal as-
sistance provided for a project receiving a loan 
under the TIFIA program’’; and 
(B) by adding at the end the following:
224 
† HR 22 EAS 
‘‘(B) RURAL
PROJECTS
FUND.—A project 
capitalizing a rural projects fund shall satisfy 
clause (i) through compliance with the Federal 
share 
requirement 
described 
in 
section 
610(e)(3)(B).’’. 
(d) PROGRAM ADMINISTRATION.—Section 605 of title 
23, United States Code, is amended— 
(1) by striking ‘‘this chapter’’ each place it ap-
pears and inserting ‘‘the TIFIA program’’; and 
(2) by adding at the end the following: 
‘‘(f) ASSISTANCE TO SMALL PROJECTS.— 
‘‘(1) RESERVATION
OF
FUNDS.—Of the funds 
made available to carry out the TIFIA program for 
each fiscal year, and after the set-aside under section 
608(a)(6), not less than $2,000,000 shall be made 
available for the Secretary to use in lieu of fees col-
lected under subsection (b) for projects under the 
TIFIA program having eligible project costs that are 
reasonably anticipated not to equal or exceed 
$75,000,000. 
‘‘(2) RELEASE OF FUNDS.—Any funds not used 
under paragraph (1) shall be made available on Octo-
ber 1 of the following fiscal year to provide credit as-
sistance to any project under the TIFIA program.’’.
225 
† HR 22 EAS 
(e) STATE AND LOCAL PERMITS.—Section 606 of title 
23, United States Code, is amended in the matter preceding 
paragraph (1) by striking ‘‘this chapter’’ and inserting ‘‘the 
TIFIA program’’. 
(f) REGULATIONS.—Section 607 of title 23, United 
States Code, is amended by striking ‘‘this chapter’’ and in-
serting ‘‘the TIFIA program’’. 
(g) FUNDING.—Section 608 of title 23, United States 
Code, is amended— 
(1) by striking ‘‘this chapter’’ each place it ap-
pears and inserting ‘‘the TIFIA program’’; and 
(2) in subsection (a)— 
(A) in paragraph (2), by inserting ‘‘of’’ 
after ‘‘504(f)’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A), by inserting 
‘‘or rural projects funds’’ after ‘‘rural infra-
structure projects’’; and 
(ii) in subparagraph (B), by inserting 
‘‘or rural projects funds’’ after ‘‘rural infra-
structure projects’’; 
(C) by striking paragraph (4) and redesig-
nating paragraphs (5) and (6) as paragraphs 
(4) and (5), respectively; and
226 
† HR 22 EAS 
(D) in paragraph (5) (as so redesignated), 
by striking ‘‘0.50 percent’’ and inserting ‘‘1.5 
percent’’. 
(h) REPORTS TO CONGRESS.—Section 609 of title 23, 
United States Code, is amended by striking ‘‘this chapter 
(other than section 610)’’ each place it appears and insert-
ing ‘‘the TIFIA program’’. 
(i) STATE INFRASTRUCTURE BANK PROGRAM.—Sec-
tion 610 of title 23, United States Code, is amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(11) RURAL INFRASTRUCTURE PROJECT.—The 
term ‘rural infrastructure project’ has the meaning 
given the term in section 601. 
‘‘(12) RURAL PROJECTS FUND.—The term ‘rural 
projects fund’ has the meaning given the term in sec-
tion 601.’’; 
(2) in subsection (d)— 
(A) in paragraph (1)(A), by striking ‘‘each 
of fiscal years’’ and all that follows through the 
end of subparagraph (A) and inserting ‘‘each fis-
cal year under each of paragraphs (1), (2), and 
(5) of section 104(b); and’’;
227 
† HR 22 EAS 
(B) in paragraph (2), by striking ‘‘in each 
of fiscal years 2005 through 2009’’ and inserting 
‘‘in each fiscal year’’; 
(C) in paragraph (3), by striking ‘‘in each 
of fiscal years 2005 through 2009’’ and inserting 
‘‘in each fiscal year’’; 
(D) 
by 
redesignating 
paragraphs 
(4) 
through (6) as paragraphs (5) through (7), re-
spectively; 
(E) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) RURAL PROJECTS FUND.—Subject to sub-
section (j), the Secretary may permit a State entering 
into a cooperative agreement under this section to es-
tablish a State infrastructure bank to deposit into the 
rural projects fund of the bank the proceeds of a se-
cured loan made to the bank in accordance with sec-
tion 602 and 603.’’; and 
(F) in paragraph (6) (as redesignated), by 
striking ‘‘section 133(d)(3)’’ and inserting ‘‘sec-
tion 133(d)(1)(A)(i)’’; 
(3) by striking subsection (e) and inserting the 
following: 
‘‘(e) FORMS
OF ASSISTANCE FROM STATE INFRA-
STRUCTURE BANKS.—
228 
† HR 22 EAS 
‘‘(1) IN GENERAL.—A State infrastructure bank 
established under this section may— 
‘‘(A) with funds deposited into the highway 
account, transit account, or rail account of the 
bank, make loans or provide other forms of credit 
assistance to a public or private entity to carry 
out a project eligible for assistance under this 
section; and 
‘‘(B) with funds deposited into the rural 
projects fund, make loans to a public or private 
entity to carry out a rural infrastructure project. 
‘‘(2) SUBORDINATION OF LOAN.—The amount of 
a loan or other form of credit assistance provided for 
a project described in paragraph (1) may be subordi-
nated to any other debt financing for the project. 
‘‘(3) MAXIMUM
AMOUNT
OF
ASSISTANCE.—A 
State infrastructure bank established under this sec-
tion may— 
‘‘(A) with funds deposited into the highway 
account, transit account, or rail account, make 
loans or provide other forms of credit assistance 
to a public or private entity in an amount up 
to 100 percent of the cost of carrying out a 
project eligible for assistance under this section; 
and
229 
† HR 22 EAS 
‘‘(B) with funds deposited into the rural 
projects fund, make loans to a public or private 
entity in an amount not to exceed 80 percent of 
the cost of carrying out a rural infrastructure 
project. 
‘‘(4) INITIAL
ASSISTANCE.—Initial assistance 
provided with respect to a project from Federal funds 
deposited into a State infrastructure bank under this 
section may not be made in the form of a grant.’’; 
(4) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘each ac-
count’’ and inserting ‘‘the highway account, the 
transit account, and the rail account’’; and 
(B) in paragraph (4), by inserting ‘‘, except 
that any loan funded from the rural projects 
fund of the bank shall bear interest at or below 
the interest rate charged for the TIFIA loan pro-
vided to the bank under section 603’’ after ‘‘fea-
sible’’; and 
(5) in subsection (k), by striking ‘‘For each of 
fiscal years 2005 through 2009’’ and inserting ‘‘For 
each fiscal year’’.
230 
† HR 22 EAS 
TITLE IV—TECHNICAL 
CORRECTIONS 
SEC. 14001. TECHNICAL CORRECTIONS. 
(a) Section 101(a)(29) of title 23, United States Code, 
is amended— 
(1) in subparagraph (B), by inserting a comma 
after ‘‘disabilities’’; and 
(2) 
in 
subparagraph 
(F)(i), 
by 
striking 
‘‘133(b)(11)’’ and inserting ‘‘133(b)(14)’’. 
(b) Section 119(d)(1)(A) of title 23, United States 
Code, is amended by striking ‘‘mobility,’’ and inserting 
‘‘congestion reduction, system reliability,’’. 
(c) Section 126(b) of title 23, United States Code (as 
amended by section 11014(b)), is amended by striking 
‘‘133(d)’’ and inserting ‘‘133(d)(1)(A)’’. 
(d) Section 127(a)(3) of title 23, United States Code, 
is amended by striking ‘‘118(b)(2) of this title’’ and insert-
ing ‘‘118(b)’’. 
(e) Section 150(c)(3)(B) of title 23, United States 
Code, is amended by striking the semicolon at the end and 
inserting a period. 
(f) Section 153(h)(2) of title 23, United States Code, 
is amended by striking ‘‘paragraphs (1) through (3)’’ and 
inserting ‘‘paragraphs (1), (2), and (4)’’.
231 
† HR 22 EAS 
(g) Section 163(f)(2) of title 23, United States Code, 
is amended by striking ‘‘118(b)(2)’’ and inserting ‘‘118(b)’’. 
(h) Section 165(c)(7) of title 23, United States Code, 
is amended by striking ‘‘paragraphs (2), (4), (7), (8), (14), 
and (19)’’ and inserting ‘‘paragraphs (2), (4), (6), (7), and 
(14)’’. 
(i) Section 202(b)(3) of title 23, United States Code, 
is amended— 
(1) in subparagraph (A)(i), in the matter pre-
ceding subclause (I), by inserting ‘‘(a)(6),’’ after ‘‘sub-
sections’’; and 
(2) in subparagraph (C)(ii)(IV), by striking 
‘‘(III).]’’ and inserting ‘‘(III).’’. 
(j) Section 217(a) of title 23, United States Code, is 
amended 
by 
striking 
‘‘104(b)(3)’’ 
and 
inserting 
‘‘104(b)(4)’’. 
(k) Section 327(a)(2)(B)(iii) of title 23, United States 
Code, is amended by striking ‘‘(42 U.S.C. 13 4321 et seq.)’’ 
and inserting ‘‘(42 U.S.C. 4321 et seq.)’’. 
(l) Section 504(a)(4) of title 23, United States Code, 
is amended by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(2)’’. 
(m) Section 515 of title 23, United States Code, is 
amended by striking ‘‘this chapter’’ each place it appears 
and inserting ‘‘sections 512 through 518’’.
232 
† HR 22 EAS 
(n) Section 518(a) of title 23, United States Code, is 
amended by inserting ‘‘a report’’ after ‘‘House of Represent-
atives’’. 
(o) Section 6302(b)(3)(B)(vi)(III) of title 49, United 
States Code, is amended by striking ‘‘6310’’ and inserting 
‘‘6309’’. 
(p) Section 1301(l)(3) of SAFETEA–LU (23 U.S.C. 
101 note; Public Law 109–59) is amended— 
(1) in subparagraph (A)(i), by striking ‘‘com-
plied’’ and inserting ‘‘compiled’’; and 
(2) in subparagraph (B), by striking ‘‘paragraph 
(1)’’ and inserting ‘‘subparagraph (A)’’. 
(q) Section 4407 of SAFETEA–LU (Public Law 109– 
59; 119 Stat. 1777), is amended by striking ‘‘hereby enacted 
into law’’ and inserting ‘‘granted’’. 
(r) Section 51001(a)(1) of the Transportation Research 
and Innovative Technology Act of 2012 (126 Stat. 864) is 
amended by striking ‘‘sections 503(b), 503(d), and 509’’ and 
inserting ‘‘section 503(b)’’. 
TITLE V—MISCELLANEOUS 
SEC. 15001. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM. 
Section 1528 of MAP–21 (40 U.S.C. 14501 note; Pub-
lic Law 112–141) is amended—
233 
† HR 22 EAS 
(1) by striking ‘‘2021’’ each place it appears and 
inserting ‘‘2050’’; and 
(2) by striking ‘‘shall be 100 percent’’ each place 
it appears and inserting ‘‘shall be up to 100 percent, 
as determined by the State’’. 
SEC. 15002. APPALACHIAN REGIONAL DEVELOPMENT PRO-
GRAM. 
(a) HIGH-SPEED BROADBAND DEVELOPMENT INITIA-
TIVE.— 
(1) IN GENERAL.—Subchapter I of chapter 145 
of subtitle IV of title 40, United States Code, is 
amended by adding at the end the following: 
‘‘§ 14509. High-speed broadband deployment initiative 
‘‘(a) IN GENERAL.—The Appalachian Regional Com-
mission may provide technical assistance, make grants, 
enter into contracts, or otherwise provide amounts to indi-
viduals or entities in the Appalachian region for projects 
and activities— 
‘‘(1) to increase affordable access to broadband 
networks throughout the Appalachian region; 
‘‘(2) to conduct research, analysis, and training 
to increase broadband adoption efforts in the Appa-
lachian region;
234 
† HR 22 EAS 
‘‘(3) to provide technology assets, including com-
puters, smartboards, and video projectors to edu-
cational systems throughout the Appalachian region; 
‘‘(4) to increase distance learning opportunities 
throughout the Appalachian region; 
‘‘(5) to increase the use of telehealth technologies 
in the Appalachian region; and 
‘‘(6) to promote e-commerce applications in the 
Appalachian region. 
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 
cost of any activity eligible for a grant under this section— 
‘‘(1) not more than 50 percent may be provided 
from amounts appropriated to carry out this section; 
and 
‘‘(2) notwithstanding paragraph (1)— 
‘‘(A) in the case of a project to be carried 
out in a county for which a distressed county 
designation is in effect under section 14526, not 
more than 80 percent may be provided from 
amounts appropriated to carry out this section; 
and 
‘‘(B) in the case of a project to be carried 
out in a county for which an at-risk designation 
is in effect under section 14526, not more than
235 
† HR 22 EAS 
70 percent may be provided from amounts ap-
propriated to carry out this section. 
‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection 
(b), a grant provided under this section may be provided 
from amounts made available to carry out this section in 
combination with amounts made available— 
‘‘(1) under any other Federal program; or 
‘‘(2) from any other source. 
‘‘(d) FEDERAL SHARE.—Notwithstanding any provi-
sion of law limiting the Federal share under any other Fed-
eral program, amounts made available to carry out this sec-
tion may be used to increase that Federal share, as the Ap-
palachian Regional Commission determines to be appro-
priate.’’. 
(2) CONFORMING AMENDMENT.—The analysis for 
chapter 145 of title 40, United States Code, is amend-
ed by inserting after the item relating to section 
14508 the following: 
‘‘14509. High-speed broadband deployment initiative.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
14703 of title 40, United States Code, is amended— 
(1) in subsection (a)(5), by striking ‘‘fiscal year 
2012’’ and inserting ‘‘each of fiscal years 2012 
through 2021’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and
236 
† HR 22 EAS 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT INITIA-
TIVE.—Of the amounts made available under subsection 
(a), $10,000,000 shall be used to carry out section 14509 
for each of fiscal years 2016 through 2021.’’. 
(c) TERMINATION.—Section 14704 of title 40, United 
States Code, is amended by striking ‘‘2012’’ and inserting 
‘‘2021’’. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect on October 1, 2015. 
SEC. 15003. WATER INFRASTRUCTURE FINANCE AND INNO-
VATION. 
Section 3907(a) of title 33, United States Code, is 
amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (5) and (6), respectively. 
SEC. 15004. ADMINISTRATIVE PROVISIONS TO ENCOURAGE 
POLLINATOR 
HABITAT 
AND 
FORAGE 
ON 
TRANSPORTATION RIGHTS-OF-WAY. 
(a) IN GENERAL.—Section 319 of title 23, United 
States Code, is amended—
237 
† HR 22 EAS 
(1) in subsection (a), by inserting ‘‘(including 
the enhancement of habitat and forage for polli-
nators)’’ before ‘‘adjacent’’; and 
(2) by adding at the end the following: 
‘‘(c) ENCOURAGEMENT OF POLLINATOR HABITAT AND 
FORAGE DEVELOPMENT AND PROTECTION ON TRANSPOR-
TATION RIGHTS-OF-WAY.—In carrying out any program 
administered by the Secretary under this title, the Secretary 
shall, in conjunction with willing States, as appropriate— 
‘‘(1) encourage integrated vegetation manage-
ment practices on roadsides and other transportation 
rights-of-way, including reduced mowing; and 
‘‘(2) encourage the development of habitat and 
forage for Monarch butterflies, other native polli-
nators, and honey bees through plantings of native 
forbs and grasses, including noninvasive, native milk-
weed species that can serve as migratory way stations 
for butterflies and facilitate migrations of other polli-
nators.’’. 
(b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY 
WAY STATIONS FOR MONARCH BUTTERFLIES, OTHER NA-
TIVE POLLINATORS, AND HONEY BEES.—Section 329(a)(1) 
of title 23, United States Code, is amended by inserting 
‘‘provision of habitat, forage, and migratory way stations
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† HR 22 EAS 
for Monarch butterflies, other native pollinators, and honey 
bees,’’ before ‘‘and aesthetic enhancement’’. 
SEC. 15005. STUDY ON PERFORMANCE OF BRIDGES. 
(a) IN GENERAL.—Subject to subsection (c), the Ad-
ministrator of the Federal Highway Administration (re-
ferred to in this section as the ‘‘Administrator’’) shall com-
mission the Transportation Research Board of the National 
Academy of Sciences to conduct a study on the performance 
of bridges that received funding under the innovative bridge 
research and construction program (referred to in this sec-
tion as the ‘‘program’’) under section 503(b) of title 23, 
United States Code (as in effect on the day before the date 
of enactment of SAFETEA–LU (Public Law 109–59; 119 
Stat. 1144)) in meeting the goals of that program, which 
included— 
(1) the development of new, cost-effective innova-
tive material highway bridge applications; 
(2) the reduction of maintenance costs and 
lifecycle costs of bridges, including the costs of new 
construction, replacement, or rehabilitation of defi-
cient bridges; 
(3) the development of construction techniques to 
increase safety and reduce construction time and traf-
fic congestion;
239 
† HR 22 EAS 
(4) the development of engineering design cri-
teria for innovative products and materials for use in 
highway bridges and structures; 
(5) the development of cost-effective and innova-
tive techniques to separate vehicle and pedestrian 
traffic from railroad traffic; 
(6) the development of highway bridges and 
structures that will withstand natural disasters, in-
cluding alternative processes for the seismic retrofit of 
bridges; and 
(7) the development of new nondestructive bridge 
evaluation technologies and techniques. 
(b) CONTENTS.—The study commissioned under sub-
section (a) shall include— 
(1) an analysis of the performance of bridges 
that received funding under the program in meeting 
the goals described in paragraphs (1) through (7) of 
subsection (a); 
(2) an analysis of the utility, compared to con-
ventional materials and technologies, of each of the 
innovative materials and technologies used in projects 
for bridges under the program in meeting the needs 
of the United States in 2015 and in the future for a 
sustainable and low lifecycle cost transportation sys-
tem;
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† HR 22 EAS 
(3) recommendations to Congress on how the in-
stalled and lifecycle costs of bridges could be reduced 
through the use of innovative materials and tech-
nologies, including, as appropriate, any changes in 
the design and construction of bridges needed to 
maximize the cost reductions; and 
(4) a summary of any additional research that 
may be needed to further evaluate innovative ap-
proaches to reducing the installed and lifecycle costs 
of highway bridges. 
(c) PUBLIC COMMENT.—Before commissioning the 
study under subsection (a), the Administrator shall provide 
an opportunity for public comment on the study proposal. 
(d) DATA FROM STATES.—Each State that received 
funds under the program shall provide to the Transpor-
tation Research Board any relevant data needed to carry 
out the study commissioned under subsection (a). 
(e) DEADLINE.—The Administrator shall submit to 
Congress the study commissioned under subsection (a) not 
later than 3 years after the date of enactment of this Act. 
SEC. 15006. SPORT FISH RESTORATION AND RECREATIONAL 
BOATING SAFETY. 
Section 4 of the Dingell-Johnson Sport Fish Restora-
tion Act (16 U.S.C. 777c), as amended by section 73103, 
is amended—
241 
† HR 22 EAS 
(1) in subsection (a), in the matter preceding 
paragraph (1) by striking ‘‘2015’’ and inserting 
‘‘2021’’; and 
(2) in subsection (b)(1)(A) by striking ‘‘2015’’ 
and inserting ‘‘2021’’. 
DIVISION B—PUBLIC 
TRANSPORTATION 
TITLE XXI—FEDERAL PUBLIC 
TRANSPORTATION ACT 
SEC. 21001. SHORT TITLE. 
This title may be cited as the ‘‘Federal Public Trans-
portation Act of 2015’’. 
SEC. 21002. DEFINITIONS. 
Section 5302 of title 49, United States Code, is amend-
ed— 
(1) in paragraph (1)(E), by striking ‘‘bicycle 
storage facilities and installing equipment’’ and in-
serting ‘‘bicycle storage shelters and parking facilities 
and the installation of equipment’’; 
(2) in paragraph (3)— 
(A) by striking subparagraph (F) and in-
serting the following: 
‘‘(F) leasing equipment or a facility for use 
in public transportation;’’; 
(B) in subparagraph (G)—
242 
† HR 22 EAS 
(i) in clause (iv), by adding ‘‘and’’ at 
the end; 
(ii) in clause (v), by striking ‘‘and’’ at 
the end; and 
(iii) by striking clause (vi); 
(C) in subparagraph (K), by striking ‘‘or’’ 
at the end; 
(D) in subparagraph (L), by striking the 
period at the end and inserting a semicolon; and 
(E) by adding at the end the following: 
‘‘(M) associated transit improvements; or 
‘‘(N) technological changes or innovations to 
modify low or no emission vehicles (as defined in 
section 5339(c)) or facilities.’’; and 
(3) by adding at the end the following: 
‘‘(24) VALUE CAPTURE.—The term ‘value cap-
ture’ means recovering the increased value to property 
located near public transportation resulting from in-
vestments in public transportation.’’. 
SEC. 21003. METROPOLITAN TRANSPORTATION PLANNING. 
Section 5303 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a)(1), by inserting ‘‘resilient’’ 
after ‘‘development of’’;
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† HR 22 EAS 
(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)— 
(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.
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† HR 22 EAS 
‘‘(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 
(C) in paragraph (5), as so redesignated, by 
striking ‘‘paragraph (5)’’ and inserting ‘‘para-
graph (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)(1)— 
(A) in subparagraph (G), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (H), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(I) improve the resilience and reliability of 
the transportation system.’’; 
(7) in subsection (i)— 
(A) in paragraph (2)—
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† 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 before the period 
at the end the following: ‘‘, and reduce 
vulnerability due to natural disasters 
of the existing transportation infra-
structure’’; and 
(iii) in subparagraph (H), by insert-
ing before the period at the end the fol-
lowing: ‘‘, including consideration of the 
role that intercity buses may play in reduc-
ing congestion, pollution, and energy con-
sumption in a cost-effective manner and 
strategies and investments that preserve and 
enhance intercity bus systems, including 
systems that are privately owned and oper-
ated’’; 
(B) in paragraph (6)(A)— 
(i) by inserting ‘‘public ports,’’ before 
‘‘freight shippers’’; and
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† HR 22 EAS 
(ii) by inserting ‘‘(including intercity 
bus operators and commuter vanpool pro-
viders)’’ after ‘‘private providers of trans-
portation’’; and 
(C) in paragraph (8), by striking ‘‘para-
graph (2)(C)’’ each place that term appears and 
inserting ‘‘paragraph (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), (p), and 
(q) as subsections (n), (o), and (p), respectively; 
(13) in subsection (o), as so redesignated, by 
striking ‘‘set aside under section 104(f) of title 23’’
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† HR 22 EAS 
and inserting ‘‘apportioned under paragraphs (5)(D) 
and (6) of section 104(b) of title 23’’; and 
(14) by adding at the end the following: 
‘‘(q) TREATMENT OF LAKE TAHOE REGION.— 
‘‘(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 purposes 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— 
‘‘(i) a population of 145,000 and 25 
square miles of land area in the State of 
California; and 
‘‘(ii) a population of 65,000 and 12 
square miles of land area in the State of 
Nevada.’’.
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† HR 22 EAS 
SEC. 21004. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
(a) IN GENERAL.—Section 5304 of title 49, 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)— 
(i) in subparagraph (B)(ii), by strik-
ing ‘‘urbanized areas with a population of 
fewer than 200,000 individuals, as cal-
culated according to the most recent decen-
249 
† HR 22 EAS 
nial census, and’’ and inserting ‘‘areas’’; 
and 
(ii) in subparagraph (C)— 
(I) by striking ‘‘title 23’’ and in-
serting ‘‘this chapter’’; and 
(II) by striking ‘‘urbanized areas 
with a population of fewer than 
200,000 individuals, as calculated ac-
cording to the most recent decennial 
census, and’’ and inserting ‘‘areas’’; 
(3) in subsection (e)(1)— 
(A) by striking ‘‘’In’’ and inserting ‘‘In’’; 
and 
(B) by striking ‘‘subsection (l)’’ and insert-
ing ‘‘subsection (k)’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(B)(i), by striking 
‘‘subsection (l)’’ and inserting ‘‘subsection (k)’’; 
(B) in paragraph (3)(A)— 
(i) in clause (i), by striking ‘‘sub-
section (l)’’ and inserting ‘‘subsection (k)’’; 
and 
(ii) in clause (ii), by inserting ‘‘(in-
cluding intercity bus operators and com-
250 
† HR 22 EAS 
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)— 
(A) in paragraph (2)(B)(i), by striking 
‘‘subsection (l)’’ and inserting ‘‘subsection (k)’’; 
(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 (l)’’ and inserting ‘‘subsection (k)’’; 
(6) by striking subsection (i); and
251 
† HR 22 EAS 
(7) by redesignating subsections (j), (k), and (l) 
as subsections (i), (j), and (k), respectively. 
(b) CONFORMING AMENDMENT.—Section 5303(b)(5) of 
title 49, United States Code, is amended by striking ‘‘sec-
tion 5304(l)’’ and inserting ‘‘section 5304(k)’’. 
SEC. 21005. URBANIZED AREA FORMULA GRANTS. 
Section 5307 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (2), by inserting ‘‘or gen-
eral public demand response service’’ before 
‘‘during’’ each place that term appears; and 
(B) by adding at the end the following: 
‘‘(3) EXCEPTION TO SPECIAL RULE.—Notwith-
standing paragraph (2), if a public transportation 
system described in that paragraph executes a written 
agreement with 1 or more other public transportation 
systems within the urbanized area to allocate funds 
for the purposes described in that paragraph by a 
method other than by measuring vehicle revenue 
hours, each public transportation system that is a 
party to the written agreement may follow the terms 
of the written agreement without regard to measured 
vehicle revenue hours referred to in that paragraph. 
‘‘(4) TEMPORARY AND TARGETED ASSISTANCE.—
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† HR 22 EAS 
‘‘(A) ELIGIBILITY.—The Secretary may 
make a grant under this section to finance the 
operating cost of equipment and facilities to a 
recipient for use in public transportation in an 
area that the Secretary determines has— 
‘‘(i) a population of not fewer than 
200,000 individuals, as determined by the 
Bureau of the Census; and 
‘‘(ii) a 3-month unemployment rate, as 
reported by the Bureau of Labor Statistics, 
that is— 
‘‘(I) greater than 7 percent; and 
‘‘(II) at least 2 percentage points 
greater than the lowest 3-month unem-
ployment rate for the area during the 
5-year period preceding the date of the 
determination. 
‘‘(B) AWARD OF GRANT.— 
‘‘(i) IN GENERAL.—Except as otherwise 
provided in this subparagraph, the Sec-
retary may make a grant under this para-
graph for not more than 2 consecutive fiscal 
years. 
‘‘(ii) ADDITIONAL
YEAR.—If, at the 
end of the second fiscal year following the
253 
† HR 22 EAS 
date on which the Secretary makes a deter-
mination under subparagraph (A) with re-
spect to an area, the Secretary determines 
that the 3-month unemployment rate for the 
area is at least 2 percentage points greater 
than the unemployment rate for the area at 
the time the Secretary made the determina-
tion under subparagraph (A), the Secretary 
may make a grant to a recipient in the 
area for 1 additional consecutive fiscal 
year. 
‘‘(iii) EXCLUSION PERIOD.—Beginning 
on the last day of the last consecutive fiscal 
year for which a recipient receives a grant 
under this paragraph, the Secretary may 
not make a subsequent grant under this 
paragraph to the recipient for a number of 
fiscal years equal to the number of consecu-
tive fiscal years in which the recipient re-
ceived a grant under this paragraph. 
‘‘(C) LIMITATION.— 
‘‘(i) FIRST FISCAL YEAR.—For the first 
fiscal year following the date on which the 
Secretary makes a determination under 
subparagraph (A) with respect to an area,
254 
† HR 22 EAS 
not more than 25 percent of the amount ap-
portioned to a designated recipient under 
section 5336 for the fiscal year shall be 
available for operating assistance for the 
area. 
‘‘(ii) SECOND
AND
THIRD
FISCAL 
YEARS.—For the second and third fiscal 
years following the date on which the Sec-
retary makes a determination under sub-
paragraph (A) with respect to an area, not 
more than 20 percent of the amount appor-
tioned to a designated recipient under sec-
tion 5336 for the fiscal year shall be avail-
able for operating assistance for the area. 
‘‘(D) PERIOD OF AVAILABILITY FOR OPER-
ATING
ASSISTANCE.—Operating 
assistance 
awarded under this paragraph shall be available 
for expenditure to a recipient in an area until 
the end of the second fiscal year following the 
date on which the Secretary makes a determina-
tion under subparagraph (A) with respect to the 
area, after which time any unexpended funds 
shall be available to the recipient for other eligi-
ble activities under this section.
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† HR 22 EAS 
‘‘(E) CERTIFICATION.—The Secretary may 
make a grant for operating assistance under this 
paragraph for a fiscal year only if the recipient 
certifies that— 
‘‘(i) the recipient will maintain public 
transportation service levels at or above the 
current service level, which shall be dem-
onstrated by providing an equal or greater 
number of vehicle hours of service in the fis-
cal year than the number of vehicle hours of 
service provided in the preceding fiscal 
year; 
‘‘(ii) any non-Federal entity that pro-
vides funding to the recipient, including a 
State or local governmental entity, will 
maintain the tax rate or rate of allocations 
dedicated to public transportation at or 
above the rate for the preceding fiscal year; 
‘‘(iii) the recipient has allocated the 
maximum amount of funding under this 
section for preventive maintenance costs eli-
gible as a capital expense necessary to 
maintain the level and quality of service 
provided in the preceding fiscal year; and
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† HR 22 EAS 
‘‘(iv) the recipient will not use funding 
under this section for new capital assets ex-
cept as necessary for the existing system to 
maintain or achieve a state of good repair, 
assure safety, or replace obsolete tech-
nology.’’; and 
(2) in subsection (c)(1)— 
(A) in subparagraph (C), by inserting ‘‘in 
a state of good repair’’ after ‘‘equipment and fa-
cilities’’; 
(B) in subparagraph (J), by adding ‘‘and’’ 
at the end; 
(C) by striking subparagraph (K); and 
(D) by redesignating subparagraph (L) as 
subparagraph (K). 
SEC. 
21006. 
FIXED 
GUIDEWAY 
CAPITAL 
INVESTMENT 
GRANTS. 
(a) IN GENERAL.—Section 5309 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘and 
weekend days’’; 
(B) in paragraph (6)—
257 
† HR 22 EAS 
(i) in subparagraph (A), by inserting 
‘‘, small start projects,’’ after ‘‘new fixed 
guideway capital projects’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) 2 or more projects that are any com-
bination of new fixed guideway capital projects, 
small start projects, and core capacity improve-
ment projects.’’; and 
(C) in paragraph (7)— 
(i) in subparagraph (A), by striking 
‘‘$75,000,000’’ 
and 
inserting 
‘‘$100,000,000’’; and 
(ii) in subparagraph (B), by striking 
‘‘$250,000,000’’ 
and 
inserting 
‘‘$300,000,000’’; 
(2) in subsection (d)— 
(A) in paragraph (1)(B), by striking ‘‘, 
policies and land use patterns that promote pub-
lic transportation,’’; and 
(B) in paragraph (2)(A)— 
(i) in clause (iii), by adding ‘‘and’’ at 
the end; 
(ii) by striking clause (iv); and
258 
† HR 22 EAS 
(iii) by redesignating clause (v) as 
clause (iv); 
(3) in subsection (g)(2)(A)(i), by striking ‘‘, the 
policies and land use patterns that support public 
transportation,’’; 
(4) in subsection (i)— 
(A) in paragraph (1), by striking ‘‘sub-
section (d) or (e)’’ and inserting ‘‘subsection (d), 
(e), or (h)’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘new fixed guide-
way capital project or core capacity im-
provement’’ after ‘‘federally funded’’; 
(ii) by striking subparagraph (D) and 
inserting the following: 
‘‘(D) the program of interrelated projects, 
when evaluated as a whole— 
‘‘(i) meets the requirements of sub-
section (d)(2), subsection (e)(2), or para-
graphs (3) and (4) of subsection (h), as ap-
plicable, if the program is comprised en-
tirely of— 
‘‘(I) new fixed guideway capital 
projects;
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† HR 22 EAS 
‘‘(II) core capacity improvement 
projects; or 
‘‘(III) small start projects; or 
‘‘(ii) meets the requirements of sub-
section (d)(2) if the program is comprised of 
any combination of new fixed guideway 
projects, small start projects, and core ca-
pacity improvement projects;’’; and 
(iii) in subparagraph (F), by inserting 
‘‘or (h)(5), as applicable’’ after ‘‘subsection 
(f)’’; and 
(C) in paragraph (3), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) PROJECT
ADVANCEMENT.—A project 
receiving a grant under this section that is part 
of a program of interrelated projects may not 
advance— 
‘‘(i) in the case of a small start project, 
from the project development phase to the 
construction phase unless the Secretary de-
termines that the program of interrelated 
projects meets the applicable requirements of 
this section and there is a reasonable likeli-
hood that the program will continue to meet 
such requirements; or
260 
† HR 22 EAS 
‘‘(ii) in the case of a new fixed guide-
way capital project or a core capacity im-
provement project, from the project develop-
ment phase to the engineering phase, or 
from the engineering phase to the construc-
tion phase, unless the Secretary determines 
that the program of interrelated projects 
meets the applicable requirements of this 
section and there is a reasonable likelihood 
that the program will continue to meet such 
requirements.’’; and 
(5) by adding at the end the following: 
‘‘(p) JOINT PUBLIC TRANSPORTATION AND INTERCITY 
PASSENGER RAIL PROJECTS.— 
‘‘(1) IN
GENERAL.—The Secretary may make 
grants for new fixed guideway capital projects and 
core capacity improvement projects that provide both 
public transportation and intercity passenger rail 
service. 
‘‘(2) ELIGIBLE
COSTS.—Eligible costs for a 
project under this subsection shall be limited to the 
net capital costs of the public transportation costs at-
tributable to the project based on projected use of the 
new segment or expanded capacity of the project cor-
ridor, not including project elements designed to
261 
† HR 22 EAS 
achieve or maintain a state of good repair, as deter-
mined by the Secretary under paragraph (4). 
‘‘(3) PROJECT JUSTIFICATION AND LOCAL FINAN-
CIAL COMMITMENT.—A project under this subsection 
shall be evaluated for project justification and local 
financial commitment under subsections (d), (e), (f), 
and (h), as applicable to the project, based on— 
‘‘(A) the net capital costs of the public 
transportation costs attributable to the project as 
determined under paragraph (4); and 
‘‘(B) the share of funds dedicated to the 
project from sources other than this section in-
cluded in the unified finance plan for the project. 
‘‘(4) CALCULATION
OF
NET
CAPITAL
PROJECT 
COST.—The Secretary shall estimate the net capital 
costs of a project under this subsection based on— 
‘‘(A) engineering studies; 
‘‘(B) studies of economic feasibility; 
‘‘(C) the expected use of equipment or facili-
ties; and 
‘‘(D) the public transportation costs attrib-
utable to the project. 
‘‘(5) GOVERNMENT
SHARE
OF
NET
CAPITAL 
PROJECT COST.—
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† HR 22 EAS 
‘‘(A) GOVERNMENT
SHARE.—The Govern-
ment share shall not exceed 80 percent of the net 
capital cost attributable to the public transpor-
tation costs of a project under this subsection as 
determined under paragraph (4). 
‘‘(B) NON-GOVERNMENT
SHARE.—The re-
mainder of the net capital cost attributable to 
the public transportation costs of a project under 
this subsection shall be provided from an undis-
tributed cash surplus, a replacement or deprecia-
tion cash fund or reserve, or new capital.’’. 
(b) EXPEDITED PROJECT DELIVERY FOR CAPITAL IN-
VESTMENT GRANTS PILOT PROGRAM.— 
(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions shall apply: 
(A) APPLICANT.—The term ‘‘applicant’’ 
means a State or local governmental authority 
that applies for a grant under this subsection. 
(B) CAPITAL
PROJECT; FIXED
GUIDEWAY; 
LOCAL
GOVERNMENTAL
AUTHORITY; 
PUBLIC 
TRANSPORTATION; STATE; STATE OF GOOD RE-
PAIR.—The terms ‘‘capital project’’, ‘‘fixed guide-
way’’, ‘‘local governmental authority’’, ‘‘public 
transportation’’, ‘‘State’’, and ‘‘state of good re-
263 
† HR 22 EAS 
pair’’ have the meanings given those terms in 
section 5302 of title 49, United States Code. 
(C) 
CORE
CAPACITY
IMPROVEMENT 
PROJECT.—The term ‘‘core capacity improve-
ment project’’— 
(i) means a substantial corridor-based 
capital investment in an existing fixed 
guideway system that increases the capacity 
of a corridor by not less than 10 percent; 
and 
(ii) may include project elements de-
signed to aid the existing fixed guideway 
system in making substantial progress to-
wards achieving a state of good repair. 
(D) CORRIDOR-BASED BUS RAPID TRANSIT 
PROJECT.—The term ‘‘corridor-based bus rapid 
transit project’’ means a small start project uti-
lizing buses in which the project represents a 
substantial investment in a defined corridor as 
demonstrated by features that emulate the serv-
ices provided by rail fixed guideway public 
transportation systems— 
(i) including— 
(I) defined stations;
264 
† HR 22 EAS 
(II) traffic signal priority for 
public transportation vehicles; 
(III) short headway bidirectional 
services for a substantial part of week-
days; and 
(IV) any other features the Sec-
retary may determine support a long- 
term corridor investment; and 
(ii) the majority of which does not op-
erate in a separated right-of-way dedicated 
for public transportation use during peak 
periods. 
(E) ELIGIBLE PROJECT.—The term ‘‘eligible 
project’’ means a new fixed guideway capital 
project, a small start project, or a core capacity 
improvement project that has not entered into a 
full funding grant agreement with the Federal 
Transit Administration before the date of enact-
ment of this Act. 
(F) FIXED GUIDEWAY BUS RAPID TRANSIT 
PROJECT.—The term ‘‘fixed guideway bus rapid 
transit project’’ means a bus capital project— 
(i) in which the majority of the project 
operates in a separated right-of-way dedi-
265 
† HR 22 EAS 
cated for public transportation use during 
peak periods; 
(ii) that represents a substantial in-
vestment in a single route in a defined cor-
ridor or subarea; and 
(iii) that includes features that emu-
late the services provided by rail fixed 
guideway public transportation systems, in-
cluding— 
(I) defined stations; 
(II) traffic signal priority for 
public transportation vehicles; 
(III) short headway bidirectional 
services for a substantial part of week-
days and weekend days; and 
(IV) any other features the Sec-
retary may determine are necessary to 
produce high-quality public transpor-
tation services that emulate the services 
provided by rail fixed guideway public 
transportation systems. 
(G) 
NEW
FIXED
GUIDEWAY
CAPITAL 
PROJECT.—The term ‘‘new fixed guideway cap-
ital project’’ means—
266 
† HR 22 EAS 
(i) a fixed guideway project that is a 
minimum operable segment or extension to 
an existing fixed guideway system; or 
(ii) a fixed guideway bus rapid transit 
project that is a minimum operable segment 
or an extension to an existing bus rapid 
transit system. 
(H) RECIPIENT.—The term ‘‘recipient’’ 
means a recipient of funding under chapter 53 
of title 49, United States Code. 
(I) SMALL
START
PROJECT.—The term 
‘‘small start project’’ means a new fixed guide-
way capital project, a fixed guideway bus rapid 
transit project, or a corridor-based bus rapid 
transit project for which— 
(i) the Federal assistance provided or 
to be provided under this subsection is less 
than $75,000,000; and 
(ii) the total estimated net capital cost 
is less than $300,000,000. 
(2) GENERAL AUTHORITY.—The Secretary may 
make grants under this subsection to States and local 
governmental authorities to assist in financing— 
(A) new fixed guideway capital projects or 
small start projects, including the acquisition of
267 
† HR 22 EAS 
real property, the initial acquisition of rolling 
stock for the system, the acquisition of rights-of- 
way, and relocation, for projects in the advanced 
stages of planning and design; and 
(B) core capacity improvement projects, in-
cluding the acquisition of real property, the ac-
quisition of rights-of-way, double tracking, sig-
nalization improvements, electrification, expand-
ing system platforms, acquisition of rolling stock 
associated with corridor improvements increas-
ing capacity, construction of infill stations, and 
such other capacity improvement projects as the 
Secretary determines are appropriate to increase 
the capacity of an existing fixed guideway sys-
tem corridor by not less than 10 percent. Core 
capacity improvement projects do not include 
elements to improve general station facilities or 
parking, or acquisition of rolling stock alone. 
(3) GRANT REQUIREMENTS.— 
(A) IN GENERAL.—The Secretary may make 
not more than 10 grants under this subsection 
for an eligible project if the Secretary determines 
that— 
(i) the eligible project is part of an ap-
proved transportation plan required under
268 
† HR 22 EAS 
sections 5303 and 5304 of title 49, United 
States Code; 
(ii) the applicant has, or will have— 
(I) the legal, financial, and tech-
nical capacity to carry out the eligible 
project, including the safety and secu-
rity aspects of the eligible project; 
(II) satisfactory continuing con-
trol over the use of the equipment or 
facilities; 
(III) the technical and financial 
capacity to maintain new and existing 
equipment and facilities; and 
(IV) advisors providing guidance 
to the applicant on the terms and 
structure of the project that are inde-
pendent from investors in the project; 
(iii) the eligible project is supported, or 
will be supported, in part, through a public- 
private partnership, provided such support 
is determined by local policies, criteria, and 
decisionmaking under section 5306(a) of 
title 49, United States Code;
269 
† HR 22 EAS 
(iv) the eligible project is justified 
based on findings presented by the project 
sponsor to the Secretary, including— 
(I) mobility improvements attrib-
utable to the project; 
(II) environmental benefits associ-
ated with the project; 
(III) congestion relief associated 
with the project; 
(IV) economic development effects 
derived as a result of the project; and 
(V) estimated ridership projec-
tions; and 
(v) the eligible project is supported by 
an acceptable degree of local financial com-
mitment (including evidence of stable and 
dependable financing sources). 
(B) CERTIFICATION.—An applicant that 
has submitted the certifications required under 
subparagraphs (A), (B), (C), and (H) of section 
5307(c)(1) of title 49, United States Code, shall 
be deemed to have provided sufficient informa-
tion upon which the Secretary may make the de-
terminations required under this paragraph.
270 
† HR 22 EAS 
(C) TECHNICAL CAPACITY.—The Secretary 
shall use an expedited technical capacity review 
process for applicants that have recently and 
successfully completed not less than 1 new fixed 
guideway capital project, small start project, or 
core capacity improvement project, if— 
(i) the applicant achieved budget, cost, 
and ridership outcomes for the project that 
are consistent with or better than projec-
tions; and 
(ii) the applicant demonstrates that 
the applicant continues to have the staff ex-
pertise and other resources necessary to im-
plement a new project. 
(D) FINANCIAL COMMITMENT.— 
(i) REQUIREMENTS.—In determining 
whether an eligible project is supported by 
an acceptable degree of local financial com-
mitment and shows evidence of stable and 
dependable financing sources for purposes of 
subparagraph (A)(v), the Secretary shall re-
quire that— 
(I) each proposed source of capital 
and operating financing is stable, reli-
271 
† HR 22 EAS 
able, and available within the proposed 
eligible project timetable; and 
(II) resources are available to re-
capitalize, maintain, and operate the 
overall existing and proposed public 
transportation system, including essen-
tial feeder bus and other services nec-
essary, without degradation to the ex-
isting level of public transportation 
services. 
(ii) CONSIDERATIONS.—In assessing 
the stability, reliability, and availability of 
proposed sources of financing under clause 
(i), the Secretary shall consider— 
(I) the reliability of the fore-
casting methods used to estimate costs 
and revenues made by the applicant 
and the contractors to the applicant; 
(II) existing grant commitments; 
(III) the degree to which financ-
ing sources are dedicated to the pro-
posed eligible project; 
(IV) any debt obligation that ex-
ists or is proposed by the applicant, for
272 
† HR 22 EAS 
the proposed eligible project or other 
public transportation purpose; and 
(V) private contributions to the el-
igible project, including cost-effective 
project delivery, management or trans-
fer of project risks, expedited project 
schedule, financial partnering, and 
other public-private partnership strate-
gies. 
(E) LABOR STANDARDS.—The requirements 
under section 5333 of title 49, United States 
Code, shall apply to each recipient of a grant 
under this subsection. 
(4) PROJECT ADVANCEMENT.—An applicant that 
desires a grant under this subsection and meets the 
requirements of paragraph (3) shall submit to the 
Secretary, and the Secretary shall approve for ad-
vancement, a grant request that contains— 
(A) identification of an eligible project; 
(B) a schedule and finance plan for the con-
struction and operation of the eligible project; 
(C) an analysis of the efficiencies of the pro-
posed eligible project development and delivery 
methods and innovative financing arrangement
273 
† HR 22 EAS 
for the eligible project, including any documents 
related to the— 
(i) public-private partnership required 
under paragraph (3)(A)(iii); and 
(ii) project justification required under 
paragraph (3)(A)(iv); and 
(D) a certification that the existing public 
transportation system of the applicant or, in the 
event that the applicant does not operate a pub-
lic transportation system, the public transpor-
tation system to which the proposed project will 
be attached, is in a state of good repair. 
(5) WRITTEN NOTICE FROM THE SECRETARY.— 
(A) IN GENERAL.—Not later than 120 days 
after the date on which the Secretary receives a 
grant request of an applicant under paragraph 
(4), the Secretary shall provide written notice to 
the applicant— 
(i) of approval of the grant request; or 
(ii) if the grant request does not meet 
the requirements under paragraph (4), of 
disapproval of the grant request, including 
a detailed explanation of the reasons for the 
disapproval.
274 
† HR 22 EAS 
(B) CONCURRENT NOTICE.—The Secretary 
shall provide concurrent notice of an approval or 
disapproval of a grant request under subpara-
graph (A) to the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives. 
(6) WAIVER.—The Secretary may grant a waiv-
er to an applicant that does not comply with para-
graph (4)(D) if— 
(A) the eligible project meets the definition 
of a core capacity improvement project; and 
(B) the Secretary certifies that the eligible 
project will allow the applicant to make substan-
tial progress in achieving a state of good repair. 
(7) SELECTION CRITERIA.—The Secretary may 
enter into a full funding grant agreement with an ap-
plicant under this subsection for an eligible project 
for which an application has been submitted and ap-
proved for advancement by the Secretary under para-
graph (4), only if the applicant has completed the 
planning and activities required under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).
275 
† HR 22 EAS 
(8) LETTERS
OF
INTENT
AND
FULL
FUNDING 
GRANT AGREEMENTS.— 
(A) LETTERS OF INTENT.— 
(i) AMOUNTS INTENDED TO BE OBLI-
GATED.—The Secretary may issue a letter 
of intent to an applicant announcing an in-
tention to obligate, for an eligible project 
under this subsection, an amount from fu-
ture available budget authority specified in 
law that is not more than the amount stip-
ulated as the financial participation of the 
Secretary in the eligible project. When a let-
ter is issued for an eligible project under 
this subsection, the amount shall be suffi-
cient to complete at least an operable seg-
ment. 
(ii) TREATMENT.—The issuance of a 
letter under clause (i) is deemed not to be 
an obligation under section 1108(c), 1501, 
or 1502(a) of title 31, United States Code, 
or an administrative commitment. 
(B) FULL FUNDING GRANT AGREEMENTS.— 
(i) IN GENERAL.—Except as provided 
in clause (v), an eligible project shall be
276 
† HR 22 EAS 
carried out under this subsection through a 
full funding grant agreement. 
(ii) CRITERIA.—The Secretary shall 
enter into a full funding grant agreement, 
based the requirements of this subpara-
graph, with each applicant receiving assist-
ance for an eligible project that has received 
a written notice of approval under para-
graph (5)(A)(i). 
(iii) TERMS.—A full funding grant 
agreement shall— 
(I) establish the terms of partici-
pation by the Federal Government in 
the eligible project; 
(II) 
establish 
the 
maximum 
amount of Federal financial assistance 
for the eligible project; 
(III) include the period of time 
for completing construction of the eligi-
ble project, consistent with the terms of 
the public-private partnership agree-
ment, even if that period extends be-
yond the period of an authorization; 
and
277 
† HR 22 EAS 
(IV) make timely and efficient 
management of the eligible project easi-
er according to the law of the United 
States. 
(iv) SPECIAL FINANCIAL RULES.— 
(I) IN GENERAL.—A full funding 
grant agreement under this subpara-
graph obligates an amount of available 
budget authority specified in law and 
may include a commitment, contingent 
on amounts to be specified in law in 
advance for commitments under this 
subparagraph, to obligate an addi-
tional amount from future available 
budget authority specified in law. 
(II) STATEMENT OF CONTINGENT 
COMMITMENT.—A full funding grant 
agreement shall state that the contin-
gent commitment is not an obligation 
of the Federal Government. 
(III) INTEREST
AND
OTHER
FI-
NANCING COSTS.—Interest and other fi-
nancing costs of efficiently carrying 
out a part of the eligible project within 
a reasonable time are a cost of car-
278 
† HR 22 EAS 
rying out the eligible project under a 
full funding grant agreement, except 
that eligible costs may not be more 
than the cost of the most favorable fi-
nancing terms reasonably available for 
the eligible project at the time of bor-
rowing. The applicant shall certify, in 
a way satisfactory to the Secretary, 
that the applicant has shown reason-
able diligence in seeking the most fa-
vorable financing terms. 
(IV) COMPLETION
OF
OPERABLE 
SEGMENT.—The amount stipulated in 
an agreement under this subparagraph 
for a new fixed guideway capital 
project, core capacity improvement 
project, or small start project shall be 
sufficient to complete at least an oper-
able segment. 
(v) EXCEPTION.— 
(I) IN GENERAL.—The Secretary, 
to the maximum extent practicable, 
shall provide Federal assistance under 
this subsection for a small start project 
in a single grant. If the Secretary can-
279 
† HR 22 EAS 
not provide such a single grant, the 
Secretary may execute an expedited 
grant agreement in order to include a 
commitment on the part of the Sec-
retary to provide funding for the 
project in future fiscal years. 
(II) TERMS OF EXPEDITED GRANT 
AGREEMENTS.—In executing an expe-
dited grant agreement under this 
clause, the Secretary may include in 
the agreement terms similar to those 
established under clause (iii). 
(C) LIMITATION ON AMOUNTS.— 
(i) IN GENERAL.—The Secretary may 
enter into full funding grant agreements 
under this paragraph for eligible projects 
that contain contingent commitments to 
incur obligations in such amounts as the 
Secretary determines are appropriate. 
(ii) APPROPRIATION
REQUIRED.—An 
obligation may be made under this para-
graph only when amounts are appropriated 
for obligation. 
(D) NOTIFICATION TO CONGRESS.—
280 
† HR 22 EAS 
(i) IN GENERAL.—Not later than 30 
days before the date on which the Secretary 
issues a letter of intent or enters into a full 
funding grant agreement for an eligible 
project under this paragraph, the Secretary 
shall notify, in writing, the Committee on 
Banking, Housing, and Urban Affairs and 
the Committee on Appropriations of the 
Senate and the Committee on Transpor-
tation and Infrastructure and the Com-
mittee on Appropriations of the House of 
Representatives of the proposed letter of in-
tent or full funding grant agreement. 
(ii) CONTENTS.—The written notifica-
tion under clause (i) shall include a copy of 
the proposed letter of intent or full funding 
grant agreement for the eligible project. 
(9) GOVERNMENT
SHARE
OF
NET
CAPITAL 
PROJECT COST.— 
(A) IN GENERAL.—A grant for an eligible 
project shall not exceed 25 percent of the net cap-
ital project cost. 
(B) REMAINDER OF NET CAPITAL PROJECT 
COST.—The remainder of the net capital project 
cost shall be provided from an undistributed cash
281 
† HR 22 EAS 
surplus, a replacement or depreciation cash fund 
or reserve, or new capital. 
(C) LIMITATION ON STATUTORY CONSTRUC-
TION.—Nothing in this subsection shall be con-
strued as authorizing the Secretary to require a 
non-Federal financial commitment for a project 
that is more than 75 percent of the net capital 
project cost. 
(D) SPECIAL
RULE
FOR
ROLLING
STOCK 
COSTS.—In addition to amounts allowed pursu-
ant to subparagraph (A), a planned extension to 
a fixed guideway system may include the cost of 
rolling stock previously purchased if the appli-
cant satisfies the Secretary that only amounts 
other than amounts provided by the Federal Gov-
ernment were used and that the purchase was 
made for use on the extension. A refund or re-
duction of the remainder may be made only if 
a refund of a proportional amount of the grant 
of the Federal Government is made at the same 
time. 
(E) FAILURE TO CARRY OUT PROJECT.—If 
an applicant does not carry out an eligible 
project for reasons within the control of the ap-
plicant, the applicant shall repay all Federal
282 
† HR 22 EAS 
funds awarded for the eligible project from all 
Federal funding sources, for all eligible project 
activities, facilities, and equipment, plus reason-
able interest and penalty charges allowable by 
law. 
(F) CREDITING OF FUNDS RECEIVED.—Any 
funds received by the Federal Government under 
this paragraph, other than interest and penalty 
charges, shall be credited to the appropriation 
account from which the funds were originally de-
rived. 
(10) AVAILABILITY OF AMOUNTS.— 
(A) IN GENERAL.—An amount made avail-
able for an eligible project shall remain available 
to that eligible project for 5 fiscal years, includ-
ing the fiscal year in which the amount is made 
available. Any amounts that are unobligated to 
the eligible project at the end of the 5-fiscal-year 
period may be used by the Secretary for any 
purpose under this subsection. 
(B) USE OF DEOBLIGATED AMOUNTS.—An 
amount available under this subsection that is 
deobligated may be used for any purpose under 
this subsection.
283 
† HR 22 EAS 
(11) ANNUAL REPORT ON EXPEDITED PROJECT 
DELIVERY FOR CAPITAL INVESTMENT GRANTS.—Not 
later than the first Monday in February of each year, 
the Secretary shall submit to the Committee on Bank-
ing, Housing, and Urban Affairs and the Committee 
on Appropriations of the Senate and the Committee 
on Transportation and Infrastructure and the Com-
mittee on Appropriations of the House of Representa-
tives a report that includes a proposed amount to be 
available to finance grants for anticipated projects 
under this subsection. 
(12) BEFORE AND AFTER STUDY AND REPORT.— 
(A) STUDY
REQUIRED.—Each recipient 
shall conduct a study that— 
(i) describes and analyzes the impacts 
of the eligible project on public transpor-
tation services and public transportation 
ridership; 
(ii) describes and analyzes the consist-
ency of predicted and actual benefits and 
costs of the innovative project development 
and delivery methods or innovative financ-
ing for the eligible project; and
284 
† HR 22 EAS 
(iii) identifies reasons for any dif-
ferences between predicted and actual out-
comes for the eligible project. 
(B) SUBMISSION
OF
REPORT.—Not later 
than 2 years after an eligible project that is se-
lected under this subsection begins revenue oper-
ations, the recipient shall submit to the Sec-
retary a report on the results of the study con-
ducted under subparagraph (A). 
(13) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to— 
(A) require the privatization of the oper-
ation or maintenance of any project for which 
an applicant seeks funding under this subsection; 
(B) revise the determinations by local poli-
cies, criteria, and decisionmaking under section 
5306(a) of title 49, United States Code; 
(C) alter the requirements for locally devel-
oped, coordinated, and implemented transpor-
tation plans under sections 5303 and 5304 of 
title 49, United States Code; or 
(D) alter the eligibilities or priorities for 
assistance under this subsection or section 5309 
of title 49, United States Code.
285 
† HR 22 EAS 
SEC. 21007. MOBILITY OF SENIORS AND INDIVIDUALS WITH 
DISABILITIES. 
(a) COORDINATION
OF
PUBLIC
TRANSPORTATION 
SERVICES WITH OTHER FEDERALLY ASSISTED LOCAL 
TRANSPORTATION SERVICES.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘allocated cost model’’ means 
a method of determining the cost of trips by allo-
cating the cost to each trip purpose served by a 
transportation provider in a manner that is pro-
portional to the level of transportation service 
that the transportation provider delivers for each 
trip purpose, to the extent permitted by applica-
ble Federal requirements; and 
(B) the term ‘‘Council’’ means the Inter-
agency Transportation Coordinating Council on 
Access and Mobility established under Executive 
Order 13330 (49 U.S.C. 101 note). 
(2) COORDINATING COUNCIL ON ACCESS AND MO-
BILITY
STRATEGIC
PLAN.—Not later than 2 years 
after the date of enactment of this Act, the Council 
shall publish a strategic plan for the Council that— 
(A) outlines the role and responsibilities of 
each Federal agency with respect to local trans-
portation coordination, including non-emergency 
medical transportation;
286 
† HR 22 EAS 
(B) identifies a strategy to strengthen inter-
agency collaboration; 
(C) addresses any outstanding recommenda-
tions made by the Council in the 2005 Report to 
the President relating to the implementation of 
Executive Order 13330, including— 
(i) a cost-sharing policy endorsed by 
the Council; and 
(ii) recommendations to increase par-
ticipation by recipients of Federal grants in 
locally developed, coordinated planning 
processes; and 
(D) to the extent feasible, addresses rec-
ommendations by the Comptroller General of the 
United States concerning local coordination of 
transportation services. 
(3) DEVELOPMENT OF COST-SHARING POLICY IN 
COMPLIANCE WITH APPLICABLE FEDERAL REQUIRE-
MENTS.—In establishing the cost-sharing policy re-
quired under paragraph (2), the Council may con-
sider, to the extent practicable— 
(A) the development of recommended strate-
gies for grantees of programs funded by members 
of the Council, including strategies for grantees 
of programs that fund non-emergency medical
287 
† HR 22 EAS 
transportation, to use the cost-sharing policy in 
a manner that does not violate applicable Fed-
eral requirements; and 
(B) optional incorporation of an allocated 
cost model to facilitate local coordination efforts 
that comply with applicable requirements of pro-
grams funded by members of the Council, such 
as— 
(i) eligibility requirements; 
(ii) service delivery requirements; and 
(iii) reimbursement requirements. 
(b) PILOT PROGRAM FOR INNOVATIVE COORDINATED 
ACCESS AND MOBILITY.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘eligible project’’ has the 
meaning given the term ‘‘capital project’’ in sec-
tion 5302 of title 49, United States Code; and 
(B) the term ‘‘eligible recipient’’ means a 
recipient or subrecipient, as those terms are de-
fined in section 5310 of title 49, United States 
Code. 
(2) GENERAL AUTHORITY.—The Secretary may 
make grants under this subsection to eligible recipi-
ents to assist in financing innovative projects for the 
transportation disadvantaged that improve the co-
288 
† HR 22 EAS 
ordination of transportation services and non-emer-
gency medical transportation services, including— 
(A) the deployment of coordination tech-
nology; 
(B) projects that create or increase access to 
community One-Call/One-Click Centers; and 
(C) such other projects as determined by the 
Secretary. 
(3) APPLICATION.—An eligible recipient shall 
submit to the Secretary an application that, at a 
minimum, contains— 
(A) a detailed description of the eligible 
project; 
(B) an identification of all eligible project 
partners and their specific role in the eligible 
project, including— 
(i) private entities engaged in the co-
ordination of non-emergency medical trans-
portation services for the transportation 
disadvantaged; or 
(ii) nonprofit entities engaged in the 
coordination 
of 
non-emergency 
medical 
transportation services for the transpor-
tation disadvantaged;
289 
† HR 22 EAS 
(C) a description of how the eligible project 
would— 
(i) improve local coordination or access 
to coordinated transportation services; 
(ii) reduce duplication of service, if ap-
plicable; and 
(iii) provide innovative solutions in 
the State or community; and 
(D) specific performance measures the eligi-
ble project will use to quantify actual outcomes 
against expected outcomes. 
(4) GOVERNMENT SHARE OF COSTS.— 
(A) IN GENERAL.—The Government share of 
the cost of an eligible project carried out under 
this subsection shall not exceed 80 percent. 
(B) NON-GOVERNMENT
SHARE.—The non- 
Government share of the cost of an eligible 
project carried out under this subsection may be 
derived from in-kind contributions. 
(5) RULE OF CONSTRUCTION.—For purposes of 
this subsection, non-emergency medical transportation 
services shall be limited to services eligible under Fed-
eral programs other than programs authorized under 
chapter 53 of title 49, United States Code.
290 
† HR 22 EAS 
(c) TECHNICAL CORRECTION.—Section 5310(a) of title 
49, United States Code, is amended by striking paragraph 
(1) and inserting the following: 
‘‘(1) RECIPIENT.—The term ‘recipient’ means— 
‘‘(A) a designated recipient or a State that 
receives a grant under this section directly; or 
‘‘(B) a State or local governmental entity 
that operates a public transportation service.’’. 
SEC. 21008. FORMULA GRANTS FOR RURAL AREAS. 
Section 5311 of title 49, United States Code, is amend-
ed— 
(1) in subsection (c)(1), as amended by division 
G, by striking subparagraphs (A) and (B) and insert-
ing the following: 
‘‘(A) $5,000,000 for each fiscal year shall be 
distributed on a competitive basis by the Sec-
retary. 
‘‘(B) $30,000,000 for each fiscal year shall 
be apportioned as formula grants, as provided in 
subsection (j).’’; and 
(2) in subsection (j)(1)— 
(A) in subparagraph (A)(iii), by striking 
‘‘(as defined by the Bureau of the Census)’’ and 
inserting ‘‘(American Indian Areas, Alaska Na-
291 
† HR 22 EAS 
tive Areas, and Hawaiian Home Lands, as de-
fined by the Bureau of the Census)’’; and 
(B) by adding at the end the following: 
‘‘(E) ALLOCATION BETWEEN MULTIPLE IN-
DIAN TRIBES.—If more than 1 Indian tribe pro-
vides public transportation service on tribal 
lands in a single Tribal Statistical Area, and the 
Indian tribes do not determine how to allocate 
the funds apportioned under clause (iii) of sub-
paragraph (A) between the Indian tribes, the 
Secretary shall allocate the funds such that each 
Indian tribe shall receive an amount equal to the 
total amount apportioned under such clause (iii) 
multiplied by the ratio of the number of annual 
unlinked passenger trips provided by each In-
dian tribe, as reported to the National Transit 
Database, to the total unlinked passenger trips 
provided by all the Indian tribes in the Tribal 
Statistical Area.’’. 
SEC. 21009. RESEARCH, DEVELOPMENT, DEMONSTRATION, 
AND DEPLOYMENT PROGRAM. 
(a) IN GENERAL.—Section 5312 of title 49, United 
States Code, is amended— 
(1) 
in 
the 
section 
heading, 
by 
striking 
‘‘projects’’ and inserting ‘‘program’’;
292 
† HR 22 EAS 
(2) in subsection (a), in the subsection heading, 
by striking ‘‘PROJECTS’’ and inserting ‘‘PROGRAM’’; 
(3) in subsection (d)— 
(A) in paragraph (3)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘demonstration, de-
ployment, or evaluation’’ before ‘‘project 
that’’; 
(ii) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; or’’; 
and 
(iv) by adding at the end the following: 
‘‘(C) the deployment of low or no emission 
vehicles, zero emission vehicles, or associated ad-
vanced technology.’’; and 
(B) by striking paragraph (5) and inserting 
the following: 
‘‘(5) PROHIBITION.—The Secretary may not 
make grants under this subsection for the demonstra-
tion, deployment, or evaluation of a vehicle that is in 
revenue service unless the Secretary determines that 
the project makes significant technological advance-
ments in the vehicle.
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‘‘(6) 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 ‘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 
direct carbon emissions, when compared to 
a comparable standard vehicle; or 
‘‘(ii) a zero emission vehicle used to 
provide public transportation; and 
‘‘(C) the term ‘zero emission vehicle’ means 
a low or no emission vehicle that produces no 
carbon or particulate matter.’’; 
(4) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; 
(5) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) LOW OR NO EMISSION VEHICLE COMPONENT AS-
SESSMENT.—
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† HR 22 EAS 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘covered institution of higher 
education’ means an institution of higher edu-
cation with which the Secretary enters into a 
contract or cooperative agreement, or to which 
the Secretary makes a grant, under paragraph 
(2)(B) to operate a facility designated under 
paragraph (2)(A); 
‘‘(B) the terms ‘direct carbon emissions’ and 
‘low or no emission vehicle’ have the meanings 
given those terms in subsection (d)(6); 
‘‘(C) the term ‘institution of higher edu-
cation’ has the meaning given the term in sec-
tion 102 of the Higher Education Act of 1965 
(20 U.S.C. 1002); and 
‘‘(D) the term ‘low or no emission vehicle 
component’ means an item that is separately in-
stalled in and removable from a low or no emis-
sion vehicle. 
‘‘(2) ASSESSING LOW OR NO EMISSION VEHICLE 
COMPONENTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
designate not more than 2 facilities to conduct 
testing, evaluation, and analysis of low or no
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† HR 22 EAS 
emission vehicle components intended for use in 
low or no emission vehicles. 
‘‘(B) OPERATION AND MAINTENANCE.— 
‘‘(i) IN GENERAL.—The Secretary shall 
enter into a contract or cooperative agree-
ment with, or make a grant to, not more 
than 2 institutions of higher education to 
each operate and maintain a facility des-
ignated under subparagraph (A). 
‘‘(ii) REQUIREMENTS.—An institution 
of higher education described in clause (i) 
shall have— 
‘‘(I) 
previous 
experience 
with 
transportation-related advanced com-
ponent and vehicle evaluation; 
‘‘(II) laboratories capable of test-
ing and evaluation; 
‘‘(III) direct access to or a part-
nership with a testing facility capable 
of emulating real-world circumstances 
in order to test low or no emission ve-
hicle components installed on the in-
tended vehicle; 
‘‘(IV) extensive knowledge of pub-
lic-private partnerships in the trans-
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† HR 22 EAS 
portation sector, with emphasis on de-
velopment and evaluation of materials, 
products, and components; 
‘‘(V) the ability to reduce costs to 
partners by leveraging existing pro-
grams to provide complementary re-
search, development, testing, and eval-
uation; and 
‘‘(VI) the means to conduct per-
formance assessments on low or no 
emission vehicle components based on 
industry standards. 
‘‘(C) FEES.—A covered institution of higher 
education shall establish and collect fees, which 
shall be approved by the Secretary, for the assess-
ment of low or no emission components at the 
applicable facility designated under subpara-
graph (A). 
‘‘(D) AVAILABILITY
OF
AMOUNTS
TO
PAY 
FOR
ASSESSMENT.—The Secretary shall enter 
into a contract or cooperative agreement with, or 
make a grant to, each covered institution of 
higher education under which— 
‘‘(i) the Secretary shall pay 50 percent 
of the cost of assessing a low or no emission
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vehicle component at the applicable facility 
designated under subparagraph (A) from 
amounts made available to carry out this 
section; and 
‘‘(ii) the remaining 50 percent of such 
cost shall be paid from amounts recovered 
through the fees established and collected 
pursuant to subparagraph (C). 
‘‘(E) VOLUNTARY
TESTING.—A manufac-
turer of a low or no emission vehicle component 
is not required to assess the low or no emission 
vehicle component at a facility designated under 
subparagraph (A). 
‘‘(F) COMPLIANCE
WITH
SECTION
5318.— 
Notwithstanding whether a low or no emission 
vehicle component is assessed at a facility des-
ignated under subparagraph (A), each new bus 
model shall comply with the requirements under 
section 5318. 
‘‘(G) SEPARATE
FACILITY.—Each facility 
designated under subparagraph (A) shall be sep-
arate and distinct from the facility operated and 
maintained under section 5318. 
‘‘(3) LOW OR NO EMISSION VEHICLE COMPONENT 
PERFORMANCE
REPORTS.—Not later than 2 years
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after the date of enactment of the Federal Public 
Transportation Act of 2015, and annually thereafter, 
the Secretary shall issue a report on low or no emis-
sion vehicle component assessments conducted at each 
facility designated under paragraph (2)(A), which 
shall include information related to the maintain-
ability, reliability, performance, structural integrity, 
efficiency, and noise of those low or no emission vehi-
cle components. 
‘‘(4) PUBLIC AVAILABILITY OF ASSESSMENTS.— 
Each assessment conducted at a facility designated 
under paragraph (2)(A) shall be made publically 
available, including to affected industries. 
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to require— 
‘‘(A) a low or no emission vehicle compo-
nent to be tested at a facility designated under 
paragraph (2)(A); or 
‘‘(B) the development or disclosure of a pri-
vately funded component assessment.’’; 
(6) in subsection (f), as so redesignated— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (3) as 
paragraph (4);