I 
114TH CONGRESS 
1ST SESSION H. R. 2410 
To authorize highway infrastructure and safety, transit, motor carrier, rail, 
and other surface transportation programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2015 
Mr. DEFAZIO (for himself, Ms. NORTON, Mr. NADLER, Ms. BROWN of Flor-
ida, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CUMMINGS, Mr. LAR-
SEN of Washington, Mr. CAPUANO, Mrs. NAPOLITANO, Mr. COHEN, Mr. 
SIRES, Ms. EDWARDS, Mr. GARAMENDI, Mr. CARSON of Indiana, Mr. 
NOLAN, Mrs. KIRKPATRICK, Ms. TITUS, Ms. ESTY, Ms. FRANKEL of 
Florida, and Ms. BROWNLEY of California) (all by request) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committees on Energy and 
Commerce, Ways and Means, Science, Space, and Technology, Natural 
Resources, Oversight and Government Reform, the Budget, and Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To authorize highway infrastructure and safety, transit, 
motor carrier, rail, and other surface transportation pro-
grams, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Generating Renewal, Opportunity, and Work with Accel-
erated Mobility, Efficiency, and Rebuilding of Infrastruc-
ture and Communities throughout America Act’’ or the 
‘‘GROW AMERICA Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Effective date. 
TITLE I—TRANSPORTATION INFRASTRUCTURE INITIATIVES 
Subtitle A—Increasing Efficiency in Project Delivery 
Sec. 1001. Improving State and Federal agency engagement in environmental 
reviews. 
Sec. 1002. Environmental review alignment and reform. 
Sec. 1003. Improving collaboration for accelerated decisionmaking. 
Sec. 1004. Unreasonable obstruction of navigation determination. 
Sec. 1005. Satisfaction of requirements for certain historic sites. 
Sec. 1006. Rail and transit exemption from consideration under section 4(f). 
Sec. 1007. Multimodal categorical exclusions. 
Sec. 1008. Improving transparency in environmental reviews. 
Sec. 1009. Infrastructure Permitting Improvement Center. 
Sec. 1010. Clarification of transportation environmental authorities. 
Sec. 1011. Advance acquisition. 
Sec. 1012. Bridge exemption from consideration under section 4(f). 
Subtitle B—Freight Policy and Financing 
Sec. 1101. Multimodal Freight Investment Program. 
Sec. 1102. Redesignation of the National Network. 
Subtitle C—Planning 
Sec. 1201. Transportation system resilience assessment. 
Sec. 1202. Consolidated and high performing metropolitan planning organiza-
tions. 
Sec. 1203. Participation of public port authorities. 
Sec. 1204. Strengthening the statewide and nonmetropolitan planning process. 
Sec. 1205. Removal of the congestion management process. 
Sec. 1206. Public involvement in plan development. 
Sec. 1207. Connection to opportunities national goal and potential performance 
measure. 
Sec. 1208. Workforce development. 
Sec. 1209. Measuring transportation connectivity pilot activities. 
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Sec. 1210. Performance-based project selection. 
Sec. 1211. Stormwater planning. 
Subtitle D—Congestion Mitigation and Air Quality Improvement 
Sec. 1301. Eligible projects. 
Sec. 1302. Special rules. 
Sec. 1303. Priority consideration. 
Sec. 1304. Evaluation and assessment of projects. 
Sec. 1305. Electric vehicle charging stations and commercial motor vehicle anti- 
idling facilities in rest areas. 
Subtitle E—Innovative Finance and Tolling 
Sec. 1401. 21st century infrastructure investments. 
Sec. 1402. Transportation Infrastructure Finance and Innovation Act of 1998 
amendments. 
Sec. 1403. Railroad rehabilitation and improvement financing. 
Sec. 1404. State infrastructure bank program. 
Sec. 1405. Toll roads, bridges, tunnels, and ferries. 
Sec. 1406. Tax-exempt financing for qualified surface transportation projects. 
Sec. 1407. Pay for success. 
Sec. 1408. Assistant Secretary for Innovative Finance. 
TITLE II—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
Sec. 2001. Authorization of appropriations. 
Sec. 2002. Obligation limitation. 
Sec. 2003. Apportionment. 
Sec. 2004. Federal lands transportation program. 
Sec. 2005. Emergency relief for federally owned roads. 
Sec. 2006. Tribal High Priority Projects Program and Tribal Transportation 
Program amendments. 
Sec. 2007. Federal lands access program Federal share. 
Sec. 2008. Nationally significant Federal lands and Tribal projects program. 
Sec. 2009. Federal lands programmatic activities. 
Sec. 2010. Bridges requiring closure or load restrictions. 
Sec. 2011. Broadband infrastructure deployment. 
Sec. 2012. Critical Immediate Investments Program. 
Sec. 2013. Appalachian Development Highway System. 
Sec. 2014. Highway safety data improvement. 
Subtitle B—Performance Management 
Sec. 2101. Performance management data support program. 
Sec. 2102. Performance period adjustment. 
Sec. 2103. Multimodal accommodations. 
Subtitle C—Improved Federal Stewardship 
Sec. 2201. Project approval and oversight. 
Subtitle D—Other 
Sec. 2301. Letting of contracts. 
Sec. 2302. Construction of ferry boats and ferry terminal facilities. 
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Sec. 2303. Green stormwater infrastructure. 
Sec. 2304. Elimination or modification of certain FHWA reporting require-
ments. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 3001. Short title; amendments to title 49, United States Code. 
Sec. 3002. Definitions. 
Sec. 3002a. Capital investment grants. 
Sec. 3003. Formula grants for enhanced mobility. 
Sec. 3004. Formula grants for rural areas. 
Sec. 3005. Workforce development programs. 
Sec. 3006. General provisions. 
Sec. 3007. Public transportation local hiring. 
Sec. 3008. Public transportation safety program. 
Sec. 3009. Authorizations. 
Sec. 3010. Bus and bus facilities program. 
Sec. 3011. Rapid Growth Area Transit Program. 
Sec. 3012. Technical corrections. 
Sec. 3013. Technical corrections of title II, division B, of MAP–21. 
Sec. 3014. Elimination of FTA annual research reporting requirement. 
TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY 
Subtitle A—Traffic Safety 
Sec. 4001. Authorization of appropriations. 
Sec. 4002. Highway safety programs. 
Sec. 4003. Amendment to section 405 national priority safety programs trans-
fer authority. 
Sec. 4004. Amendment to motorcyclist safety grant criteria. 
Sec. 4005. Amendment to graduated driver licensing incentive grant criteria. 
Sec. 4006. Amendment to ignition interlock grant criteria. 
Sec. 4007. Amendment to repeat offender and open container criteria. 
Sec. 4008. Amendment to distracted driving grant criteria. 
Sec. 4009. Streamlining of national priority safety programs. 
Sec. 4010. Amendment to highway research and development. 
Subtitle B—Motor Vehicle Safety 
Sec. 4101. Authorization of appropriations. 
Sec. 4102. Recall obligations under bankruptcy. 
Sec. 4103. Prohibition on rendering safety elements inoperative and criminal 
penalties. 
Sec. 4104. Cooperation with foreign governments. 
Sec. 4105. Functional safety process. 
Sec. 4106. Notification of defect or noncompliance and imminent hazard au-
thority. 
Sec. 4107. Amendment to judicial review provisions. 
Sec. 4108. Inspection authority under automobile fuel economy statute. 
Sec. 4109. Recall authority over rental car companies and used car dealers. 
Sec. 4110. Civil penalties. 
Sec. 4111. Technical corrections to the Motor Vehicle and Highway Safety Im-
provement Act of 2012. 
Sec. 4112. Tire registration by independent sellers. 
Sec. 4113. Extension of time period for remedy of tire defects. 
Sec. 4114. Dealer requirement to check for unremedied recall. 
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Sec. 4115. Pilot grant program for state notification to consumers of motor ve-
hicle recall status. 
TITLE V—MOTOR CARRIER SAFETY PROGRAM 
Sec. 5001. Amendment of title 49, United States Code. 
Subtitle A—Commercial Motor Vehicle Safety 
Sec. 5101. Commercial motor vehicle defined. 
Sec. 5102. Motor carrier operations affecting interstate commerce. 
Sec. 5103. Bus rentals and definition of employer. 
Sec. 5104. High-risk carrier reviews. 
Sec. 5105. New entrant safety audits. 
Sec. 5106. Imminent hazard actions. 
Sec. 5107. International commerce transported on highways through the 
United States. 
Subtitle B—Driver Safety Provisions 
Sec. 5201. Commercial driver’s license requirements. 
Sec. 5202. Disqualifications based on non-commercial motor vehicle operations. 
Sec. 5203. Recording of Federal disqualifications on CDLIS. 
Sec. 5204. Failure To pay civil penalty as a disqualifying offense. 
Sec. 5205. Controlled substance violations. 
Subtitle C—Medical and Registration Provisions 
Sec. 5301. Effect of driving on commercial motor vehicle operators. 
Sec. 5302. Repeal of commercial jurisdiction exception for brokers of motor 
carriers of passengers. 
Sec. 5303. Revocation or suspension of registration. 
Sec. 5304. Revocation of registration for failure to respond to subpoena. 
Sec. 5305. Lapse of required financial security; suspension of registration. 
Subtitle D—Grants and Authorizations 
Sec. 5401. FMCSA Financial Assistance Programs. 
Subtitle E—Miscellaneous 
Sec. 5501. Motor Carrier Safety Advisory Committee. 
Sec. 5502. Unified Carrier Registration Plan. 
Sec. 5503. Self-insurance for motor carriers repealed. 
Sec. 5504. Electronic logging device recall authority. 
Sec. 5505. Repeal of motor carrier financial reporting requirement. 
Sec. 5506. Contractors exercising operational control over motor carrier oper-
ations. 
Sec. 5507. Driver compensation. 
Sec. 5508. Civil enforcement authority. 
Sec. 5509. Criminal penalties. 
Sec. 5510. Penalties for violations of out-of-service orders. 
Sec. 5511. Technical corrections. 
Sec. 5512. Audits and compliance investigations of Mexico-domiciled motor car-
riers. 
Sec. 5513. Administrative adjudication of violations of commercial regulations 
and statutes. 
Sec. 5514. Access to National Driver Register. 
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Sec. 5515. Elimination of certain FMCSA reporting requirements. 
TITLE VI—HAZARDOUS MATERIAL TRANSPORTATION SAFETY 
Sec. 6001. Amendment of title 49, United States Code. 
Sec. 6002. Emergency operational controls. 
Sec. 6003. Enhanced registration requirements. 
Sec. 6004. User fees for special permits. 
Sec. 6005. National emergency and disaster response. 
Sec. 6006. Enhanced reporting. 
Sec. 6007. Improving publication of special permits. 
Sec. 6008. Hazard abatement authority. 
Sec. 6009. Inspection of non-domestic entities. 
Sec. 6010. Improving the effectiveness of the HMEP grant program. 
Sec. 6011. Civil penalty. 
Sec. 6012. General duty. 
Sec. 6013. Authorization of appropriations. 
Sec. 6014. Elimination of certain PHMSA reporting requirements. 
TITLE VII—AMENDMENTS TO THE INTERNAL REVENUE CODE 
Sec. 7001. Amendment of 1986 Code. 
Sec. 7002. Extension of highway-related taxes. 
Sec. 7003. Extension of provisions related to the Sport Fish Restoration and 
Boating Trust Fund. 
Sec. 7004. Transportation Trust Fund. 
Sec. 7005. Effective date. 
TITLE VIII—RESEARCH 
Subtitle A—Funding 
Sec. 8001. Authorization of appropriations. 
Subtitle B—Research, Technology, and Education 
Sec. 8101. National Cooperative Freight Transportation Research Program. 
Sec. 8102. Competitive University Transportation Centers Consortia Program. 
Sec. 8103. Priority Multimodal Research Program. 
Sec. 8104. Bureau of Transportation Statistics. 
Sec. 8105. ITS goals and purposes. 
Sec. 8106. ITS general authorities and requirements. 
Sec. 8107. ITS national architecture and standards. 
Sec. 8108. Vehicle-to-vehicle and vehicle-to-infrastructure communications sys-
tems deployment. 
Sec. 8109. Infrastructure development. 
Sec. 8110. Departmental research programs; conforming amendments. 
Sec. 8111. Office of Intermodalism. 
Sec. 8112. Cooperation with Federal and State agencies and foreign countries. 
Sec. 8113. National ITS Program Plan. 
Sec. 8114. Research and development. 
TITLE IX—RAIL SAFETY, RELIABILITY, AND EFFICIENCY 
Sec. 9001. Short title; amendment of title 49, United States Code. 
Subtitle A—National High-Performance Rail System 
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Sec. 9101. Purpose and objectives. 
Sec. 9102. Grant programs. 
Sec. 9103. Amtrak 5-year business planning. 
Sec. 9104. Clarification of grant conditions. 
Sec. 9105. Research and development. 
Sec. 9106. Miscellaneous revisions. 
Subtitle B—Policy 
Sec. 9201. Regional rail development authorities. 
Sec. 9202. Northeast Corridor Infrastructure and Operations Advisory Com-
mission. 
Sec. 9203. Standardization of passenger equipment and platforms. 
Sec. 9204. Next generation equipment committee. 
Sec. 9205. Buy America. 
Sec. 9206. Rail passenger transportation liability and mandatory coverage. 
Sec. 9207. Shared-use study. 
Sec. 9208. Disadvantaged business enterprises; disparity and availability study. 
Subtitle C—Planning 
Sec. 9301. National and regional rail planning. 
Sec. 9302. State rail plans. 
Subtitle D—Safety Improvements 
Sec. 9401. Requirement for uniform operating rules. 
Sec. 9402. Positive train control. 
Sec. 9403. Hours of service reform. 
Sec. 9404. Amendments to the safety appliance law. 
Sec. 9405. Amendments to the locomotive inspection law. 
Sec. 9406. Technical amendment to the provision on protection of railroad safe-
ty risk reduction program information. 
Sec. 9407. Noise emission standards. 
Sec. 9408. Technical amendment to chapter 201 general civil penalty provision. 
Sec. 9409. Miscellaneous authorization of appropriations. 
Sec. 9410. Repair and replacement of damaged track inspection equipment. 
Subtitle E—Miscellaneous Revisions and Technical Corrections 
Sec. 9501. Authorization of appropriations. 
Sec. 9502. Technical corrections to the Rail Safety Improvement Act of 2008. 
Sec. 9503. Technical correction to introductory text of Public Law 110–432. 
Sec. 9504. Technical corrections to uncodified provisions of division A of Public 
Law 110–432, the Rail Safety Improvement Act of 2008. 
Sec. 9505. Technical corrections to provisions of the hours of service laws and 
related civil penalty provision. 
Sec. 9506. Elimination of certain FRA reporting requirements. 
TITLE X—MISCELLANEOUS 
Sec. 10001. Consideration of travel and tourism in award of financial assist-
ance. 
Sec. 10002. Electronic reports and report modification. 
Sec. 10003. Amendment of Federal Aid in Sport Fish Restoration Act. 
Sec. 10004. Amendments to chapter 537 of title 46. 
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Sec. 10005. Government-wide authority for electric charging infrastructure at 
no cost to the taxpayer. 
TITLE XI—BUDGETARY INTERPRETATIONS AND TREATMENTS 
Sec. 11001. Amounts in this Act. 
Sec. 11002. Treatment for statutory PAYGO and related purposes. 
Sec. 11003. Scoring of changes in contract authority in appropriations Acts. 
Sec. 11004. Scoring of changes in obligation limits in appropriations Acts. 
Sec. 11005. Scoring of transfers between the general fund and the Transpor-
tation Trust Fund. 
Sec. 11006. Special rule. 
Sec. 11007. Revised discretionary spending limits. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 3. EFFECTIVE DATE. 
Except as otherwise provided, this Act, and the 
amendments made by this Act, shall take effect on Octo-
ber 1, 2015. 
TITLE I—TRANSPORTATION 
INFRASTRUCTURE INITIATIVES 
Subtitle A—Increasing Efficiency 
in Project Delivery 
SEC. 1001. IMPROVING STATE AND FEDERAL AGENCY EN-
GAGEMENT IN ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 306 the following: 
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‘‘§ 307. Improving State and Federal agency engage-
ment in environmental reviews 
‘‘(a) IN GENERAL.—A public entity receiving finan-
cial assistance from the Department of Transportation for 
one or more projects or for a program of projects, may 
request that the Secretary allow the public entity to pro-
vide funds to Federal agencies, including the Department 
of Transportation, State agencies, and Indian tribes par-
ticipating in the environmental planning and review proc-
ess for the project, projects, or program. The funds may 
be provided only to support activities that directly and 
meaningfully contribute to expediting and improving per-
mitting and review processes, including planning, approval 
and consultation processes for the project, projects, or pro-
gram. 
‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activi-
ties for which funds may be provided under subsection (a) 
include transportation planning activities that precede the 
initiation of the environmental review process, activities 
directly related to the environmental review process, dedi-
cated staffing, training of agency personnel, information 
gathering and mapping, and development of programmatic 
agreements. 
‘‘(c) AMOUNTS.—Requests under subsection (a) may 
be approved only for the additional amounts that the Sec-
retary determines are necessary for the Federal agencies, 
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State agencies, or Indian tribes participating in the envi-
ronmental review process to timely conduct their review. 
‘‘(d) AGREEMENTS.—Prior to providing funds ap-
proved by the Secretary for dedicated staffing at an af-
fected Federal agency under subsection (a), the affected 
Federal agency and the requesting public entity shall enter 
into an agreement that establishes a process to identify 
projects or priorities to be addressed by the use of the 
funds. 
‘‘(e) EXISTING AUTHORITY.—Nothing in this section 
shall be construed as conflicting with the provisions of sec-
tion 139(j) of title 23.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 3 of title 49, United States Code, is amended by 
inserting after the item relating to section 306 the fol-
lowing: 
‘‘307. Improving State and Federal agency engagement in environmental re-
views’’. 
SEC. 1002. ENVIRONMENTAL REVIEW ALIGNMENT AND RE-
FORM. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 309 the following: 
‘‘§ 310. Aligning Federal environmental reviews 
‘‘(a) COORDINATED
AND CONCURRENT ENVIRON-
MENTAL REVIEWS.—Within one year of the date of enact-
ment of GROW AMERICA Act, the Department of Trans-
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that require reconsideration in order to meet an 
agency of jurisdiction’s obligations under statute or 
Executive order; and 
‘‘(3) achieve concurrence or issue resolution in 
an expedited manner if circumstances arise that re-
quire a reconsideration of the purpose and need or 
range of alternatives considered during any Federal 
agency’s environmental or permitting review in order 
to meet an agency of jurisdiction’s obligations under 
statute or Executive order. 
‘‘(b) ENVIRONMENTAL CHECKLIST.—The Secretary 
and Federal Agencies of jurisdiction likely to have sub-
stantive review or approval responsibilities on transpor-
tation projects shall, within 90 days of the date of enact-
ment of GROW AMERICA Act, jointly develop a checklist 
to help project sponsors identify potential natural, cul-
tural, and historic resources in the area of a proposed 
project. The purpose of the checklist is to— 
‘‘(1) identify agencies of jurisdiction and co-
operating agencies, 
‘‘(2) develop the information needed for the 
purpose and need and alternatives for analysis; and 
‘‘(3) improve interagency collaboration to help 
expedite the permitting process for the lead agency 
and agencies of jurisdiction. 
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‘‘(c) INTERAGENCY
COLLABORATION.—Consistent 
with Federal environmental statutes and the priority re-
form actions for Federal agency permitting and reviews 
defined and identified by the Steering Committee de-
scribed in section 1009, the Secretary shall facilitate an-
nual interagency collaboration sessions at the appropriate 
jurisdictional level to coordinate business plans and facili-
tate coordination of workload planning and workforce 
management. This engagement shall also ensure agency 
staff is fully engaged and utilizing the flexibility of existing 
regulations, policies, and guidance and identifying addi-
tional actions to facilitate high quality, efficient, and tar-
geted environmental reviews and permitting decisions. 
These sessions and the interagency collaborations they 
generate shall also focus on how to work with State and 
local transportation entities to improve project planning, 
siting, and application quality and how to consult and co-
ordinate with relevant stakeholders and Federal, Tribal, 
State, and local representatives early in permitting proc-
esses. 
‘‘(d) PERFORMANCE MEASUREMENT.—Within one 
year of the date of enactment of GROW AMERICA Act, 
the Department of Transportation, in coordination with 
the Steering Committee, shall establish a program to 
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measure and report on progress towards aligning Federal 
reviews as outlined in this section.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
subchapter I of chapter 3 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘310. Aligning Federal environmental reviews’’. 
SEC. 1003. IMPROVING COLLABORATION FOR ACCELER-
ATED DECISIONMAKING. 
Section 139(h) of title 23, United States Code, is 
amended— 
(1) in paragraph (5)(A)(ii)(I), by inserting ‘‘, 
including modifications to the project schedule’’ 
after ‘‘review process’’; and 
(2) in paragraph (6)(B), by striking clause (ii) 
and inserting the following: 
‘‘(ii) DESCRIPTION
OF
DATE.—The 
date referred to in clause (i) is one of the 
following: 
‘‘(I) The date that is 30 days 
after the date for rendering a decision 
as set in the project schedule created 
pursuant to paragraph (g)(1)(B) of 
this section. 
‘‘(II) If no schedule exists, the 
later of— 
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‘‘(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 de-
cision on the project under the 
National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(III) A modified date consistent 
with subsection (g)(1)(D) of this sec-
tion.’’. 
SEC. 1004. UNREASONABLE OBSTRUCTION OF NAVIGATION 
DETERMINATION. 
(a) BRIDGE ACT OF 1906.—Section 4 of the Bridge 
Act of 1906 (33 U.S.C. 494) is amended— 
(1) by designating the existing text as sub-
section (a); and 
(2) by inserting at the end the following: 
‘‘(b) When determining whether a bridge unreason-
ably obstructs the free navigation of the waters over which 
it is constructed, the Secretary shall, for projects that are 
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funded under title 23 or title 49, United States Code, con-
sider— 
‘‘(1) the necessities of rail, aviation, transit, 
and highway traffic; and 
‘‘(2) construction, maintenance, and operation 
costs of the proposed bridge.’’. 
(b) GENERAL BRIDGE ACT OF 1946.—Section 502 
of the General Bridge Act of 1946 (33 U.S.C. 525) is 
amended by inserting at the end the following: 
‘‘(d) UNREASONABLE OBSTRUCTION OF NAVIGATION 
DETERMINATION.—When determining whether a bridge 
unreasonably obstructs the free navigation of the waters 
over which it is constructed, the Secretary shall, for 
projects that are funded under title 23 or title 49, United 
States Code, consider— 
‘‘(1) the necessities of rail, aviation, transit, 
and highway traffic; and 
‘‘(2) construction, maintenance, and operation 
costs of the proposed bridge.’’. 
SEC. 1005. SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, is amended by adding at the end the 
following: 
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‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall seek to 
align the requirements of this section with the re-
quirements of the National Environmental Policy 
Act (42 U.S.C. 4231 et seq.) (NEPA), section 106 
of the National Historic Preservation Act (16 U.S.C. 
470f) (referred to as section 106 in this section), 
and their implementing regulations and will coordi-
nate with the Department of the Interior and the 
Advisory Council on Historic Preservation to estab-
lish procedures that will satisfy the requirements of 
both within 90 days of enactment of GROW AMER-
ICA Act. 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.—If, 
in an analysis required under NEPA the Secretary 
determines that there is no feasible or prudent alter-
native to avoid a use of an historic site, the Sec-
retary may include the Secretary’s determination in 
the NEPA analysis and notify the applicable State 
historic preservation officer, tribal historic preserva-
tion officer, the Advisory Council on Historic Preser-
vation (if the Council is participating in the section 
106 consultation process), and the Secretary of the 
Interior of such findings and request concurrence 
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must concur in the treatment of the historic site 
agreed upon in the Memorandum of Agreement or 
Programmatic Agreement developed in accordance 
with section 106 in order to satisfy the conditions of 
(a)(2).’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, is amended— 
(1) in subsection (c), by striking ‘‘subsection 
(d)’’ and inserting ‘‘subsections (d) and (e)’’; and 
(2) by inserting at the end the following: 
‘‘(e) SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall seek to 
align the requirements of this section with the re-
quirements of the National Environmental Policy 
Act (42 U.S.C. 4231 et seq.) (NEPA), section 106 
of the National Historic Preservation Act (16 U.S.C. 
470f) (referred to as section 106 in this section), 
and their implementing regulations and will coordi-
nate with the Department of the Interior and the 
Advisory Council on Historic Preservation to estab-
lish procedures that will satisfy the requirements of 
both within 90 days of enactment of GROW AMER-
ICA Act. 
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‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.—If, 
in an analysis required under NEPA the Secretary 
determines that there is no feasible or prudent alter-
native to avoid a use of an historic site, the Sec-
retary may include the Secretary’s determination in 
the NEPA analysis and notify the applicable State 
historic preservation officer, tribal historic preserva-
tion officer, the Advisory Council on Historic Preser-
vation (if the Council is participating in the section 
106 consultation process), and the Secretary of the 
Interior of such findings and request concurrence 
that such determination is sufficient to satisfy 
(a)(1). If the applicable preservation officer, the 
Council, and the Secretary of the Interior concur, no 
further analysis under (a)(1) shall be required. The 
Secretary’s Record of Decision or Finding of No 
Significant Impact shall include such a finding, as 
well as documentation of the concurrence of the ap-
plicable preservation officer, the Council, and the 
Secretary of the Interior. A notice of intent from the 
Secretary of such a finding, as well as notice of the 
concurrence of the applicable preservation officer, 
the Council, and the Secretary of the Interior will be 
posted on an appropriate Federal website within 3 
days of their occurrence. 
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‘‘(3) ALIGNING HISTORICAL REVIEWS.—If the 
Secretary, the applicable preservation officer, the 
Council, and the Secretary of the Interior concur 
that no feasible and prudent alternative exists as de-
scribed in (2), the Secretary may then notify the ap-
plicable preservation officer, the Secretary of the In-
terior, and the Advisory Council on Historic Preser-
vation of the Department’s intent to satisfy the con-
ditions of (a)(2) through the consultation require-
ments of section 106. The applicable preservation of-
ficer, the Council, and the Secretary of the Interior 
must concur in the treatment of the historic site 
agreed upon in the Memorandum of Agreement or 
Programmatic Agreement developed in accordance 
with section 106 in order to satisfy the conditions of 
(a)(2).’’. 
SEC. 1006. RAIL AND TRANSIT EXEMPTION FROM CONSID-
ERATION UNDER SECTION 4(f). 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by inserting the following after subsection (c): 
‘‘(d) RAIL AND TRANSIT.—Improvements to, or the 
maintenance, rehabilitation, or operation of railroad or rail 
transit lines or elements thereof, with the exception of sta-
tions, that are in-use or were historically used for trans-
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portation of goods or passengers, shall not be considered 
a use of an historic site under subsection (a), regardless 
of whether the railroad or rail transit line or element 
thereof is listed on, or eligible for listing on, the National 
Register of Historic Places.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended— 
(1) in subsection (c), by striking ‘‘subsections 
(d) and (e)’’ and inserting ‘‘subsections (d), (e) and 
(f)’’; and 
(2) by inserting the following after subsection 
(e): 
‘‘(f) RAIL AND TRANSIT.—Improvements to, or the 
maintenance, rehabilitation, or operation of railroad or rail 
transit lines or elements thereof, with the exception of sta-
tions, that are in-use or were historically used for trans-
portation of goods or passengers, shall not be considered 
a use of an historic site under subsection (c), regardless 
of whether the railroad or rail transit line or element 
thereof is listed on, or eligible for listing on, the National 
Register of Historic Places.’’. 
SEC. 1007. MULTIMODAL CATEGORICAL EXCLUSIONS. 
Section 304 of title 49, United States Code, is 
amended as follows: 
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(1) Subsection (a)(1) is amended— 
(A) by striking ‘‘operating authority’’ and 
inserting ‘‘operating administration or secre-
tarial office’’; 
(B) by inserting ‘‘has expertise but’’ before 
‘‘is not the lead’’; and 
(C) by inserting ‘‘proposed multimodal’’ 
before ‘‘project’’. 
(2) Subsection (a)(2) is amended to read as fol-
lows: 
‘‘(2) LEAD
AUTHORITY.—The term ‘lead au-
thority’ means a Department of Transportation op-
erating administration or secretarial office that has 
the lead responsibility for a proposed multimodal 
project.’’. 
(3) Subsection (a)(3) is amended by striking 
‘‘has the meaning given the term in section 139(a) 
of title 23’’ and inserting ‘‘means an action by the 
Department of Transportation that involves exper-
tise of one or more Department of Transportation 
operating administrations or secretarial offices’’. 
(4) Subsection (b) is amended by striking 
‘‘under this title’’ and inserting ‘‘by the Secretary’’. 
(5) Subsection (c) is amended— 
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(A) by striking ‘‘a categorical exclusion 
designated under the implementing regulations 
or’’ and inserting ‘‘categorical exclusions des-
ignated under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321, et seq.) im-
plementing’’; 
(B) by striking ‘‘other components of the’’ 
and inserting ‘‘a proposed multimodal’’; 
(C) by amending paragraphs (1) and (2) 
to read as follows: 
‘‘(1) the lead authority makes a preliminary de-
termination on the applicability of a categorical ex-
clusion to a proposed multimodal project and notifies 
the cooperating authority of its intent to apply the 
cooperating authority categorical exclusion; 
‘‘(2) the cooperating authority does not object 
to the lead authority’s preliminary determination of 
its applicability;’’; 
(D) by amending paragraph (3) by insert-
ing ‘‘the lead authority determines that’’ at the 
beginning, and ‘‘proposed multimodal’’ before 
‘‘project to be covered’’; and 
(E) by amending paragraph (4) to read as 
follows: 
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‘‘(4) the lead authority, with the concurrence of 
the cooperating authority— 
‘‘(A) follows implementing regulations or 
procedures under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(B) 
determines 
that 
the 
proposed 
multimodal project does not individually or cu-
mulatively have a significant impact on the en-
vironment; and 
‘‘(C) determines that extraordinary cir-
cumstances do not exist that merit additional 
analysis and documentation in an environ-
mental impact statement or environmental as-
sessment required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).’’. 
(6) Subsection (d) is amended to read as fol-
lows: 
‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co-
operating authority shall provide expertise to the lead au-
thority on aspects of the multimodal project in which the 
cooperating authority has expertise.’’. 
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SEC. 
1008. 
IMPROVING 
TRANSPARENCY 
IN 
ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 310, as added by this 
Act, the following: 
‘‘§ 311. Improving transparency in environmental re-
views 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of GROW AMERICA Act, the Sec-
retary shall establish an online platform and, in coordina-
tion with agencies described in subsection (b), issue re-
porting standards to make publically available the status 
and progress with respect to compliance with applicable 
requirements under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and any other Fed-
eral approval required under applicable laws for projects 
and activities requiring an environmental assessment or 
an environmental impact statement. 
‘‘(b) FEDERAL AGENCY PARTICIPATION.—A Federal 
agency of jurisdiction over an approval required for a 
project under applicable laws shall provide information re-
garding the status and progress of the approval to the on-
line platform, consistent with the standards established 
under subsection (a). 
‘‘(c) ASSIGNMENT OF RESPONSIBILITIES.—An entity 
with assigned authority for responsibilities under the Na-
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tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), pursuant to section 326 or 327 of title 23, United 
States Code, shall be responsible for supplying project de-
velopment and compliance status for all applicable 
projects.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 3 of title 49, United States Code, is amended by 
inserting after the item relating to section 310, as added 
by this Act, the following: 
‘‘311. Improving transparency in environmental reviews’’. 
SEC. 1009. INFRASTRUCTURE PERMITTING IMPROVEMENT 
CENTER. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 311, as added by this 
Act, the following: 
‘‘§ 312. Interagency infrastructure permitting im-
provement center 
‘‘(a) IN GENERAL.—There is established in the Office 
of the Secretary an Interagency Infrastructure Permitting 
Improvement Center (referred to in this section as the 
‘Center’). 
‘‘(b) ROLES AND RESPONSIBILITIES.— 
‘‘(1) GOVERNANCE.—The Center shall report to 
the chair of the Steering Committee described in 
paragraph (2) to ensure that the perspectives of all 
member agencies are represented. 
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‘‘(2) INFRASTRUCTURE PERMITTING STEERING 
COMMITTEE.—An Infrastructure Permitting Steer-
ing Committee is established to oversee the work of 
the Center. The Steering Committee shall be chaired 
by the Federal Chief Performance Officer in con-
sultation with the Chair of the Council on Environ-
mental Quality and shall be comprised of Deputy- 
level representatives from the following agencies: 
‘‘(A) The Department of Defense. 
‘‘(B) The Department of the Interior. 
‘‘(C) The Department of Agriculture. 
‘‘(D) The Department of Commerce. 
‘‘(E) The Department of Transportation. 
‘‘(F) The Department of Energy. 
‘‘(G) The Department of Homeland Secu-
rity. 
‘‘(H) The Environmental Protection Agen-
cy. 
‘‘(I) The Advisory Council on Historic 
Preservation. 
‘‘(J) The Department of the Army. 
‘‘(K) The Department of Housing and 
Urban Development. 
‘‘(L) Other agencies the Chair invites to 
participate. 
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‘‘(3) ACTIVITIES.—The Center shall support the 
Chair of the Steering Committee described in para-
graph (2) and undertake the following: 
‘‘(A) Coordinate and support implementa-
tion of priority reform actions for Federal agen-
cy permitting and reviews for areas as defined 
and identified by the Steering Committee de-
scribed in paragraph (2). 
‘‘(B) Support modernization efforts at 
agencies and interagency pilots for innovative 
approaches to the permitting and review of in-
frastructure projects. 
‘‘(C) Provide technical assistance and 
training to field and headquarters staff of Fed-
eral agencies on policy changes, innovative ap-
proaches to project delivery and other topics as 
appropriate. 
‘‘(D) Identify, develop and track metrics 
for timeliness of permit reviews, permit deci-
sions, and project outcomes. 
‘‘(E) Administer and expand the use of on-
line transparency tools providing for— 
‘‘(i) tracking and reporting of metrics; 
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‘‘(ii) development and posting of 
schedules for permit reviews and permit 
decisions; and 
‘‘(iii) sharing of best practices related 
to efficient project permitting and reviews. 
‘‘(F) Provide reporting to the President on 
progress towards achieving greater efficiency in 
permitting decisions and review of infrastruc-
ture projects and progress towards achieving 
better outcomes for communities and the envi-
ronment. 
‘‘(4) INFRASTRUCTURE
SECTORS
COVERED.— 
The Center shall support process improvements in 
the permitting and review of projects in the fol-
lowing sectors: 
‘‘(A) Surface transportation. 
‘‘(B) Aviation. 
‘‘(C) Ports and waterways. 
‘‘(D) Water resource projects. 
‘‘(E) Renewable energy generation. 
‘‘(F) Electricity transmission. 
‘‘(G) Broadband. 
‘‘(H) Pipelines. 
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‘‘(I) Other sectors, as determined by the 
Steering Committee described in subparagraph 
(2).’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 3 of title 49, United States Code, is amended by 
inserting after the item relating to section 312, as added 
by this Act, the following: 
‘‘312. Interagency Infrastructure Permitting Improvement Center.’’. 
SEC. 1010. CLARIFICATION OF TRANSPORTATION ENVIRON-
MENTAL AUTHORITIES. 
(a) TITLE 49 REFERENCE TO SECTION 4(f).—Sec-
tion 303 of title 49, United States Code, as amended by 
section 1012 of this Act, is further amended by inserting 
at the end the following: 
‘‘(h) SECTION 4(f).—This section may be referred to 
as ‘section 4(f)’ or ‘section 4(f) of title 49, United States 
Code’.’’. 
(b) TITLE 23 REFERENCE TO SECTION 4(f).—Sec-
tion 138 of title 23, United States Code, as amended by 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘(f) SECTION 4(f).—This section may be referred to 
as ‘section 4(f)’ or ‘section 4(f) of title 23, United States 
Code’.’’. 
(c) RELOCATION AND CLARIFICATION OF SECTION 
1319 OF MAP–21.— 
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(1) REPEAL.—Section 1319 of the Moving 
Ahead for Progress in the 21st Century Act (Public 
Law 112–141, 126 Stat. 551; 42 U.S.C. 4332a) is 
repealed. 
(2) ACCELERATED DECISIONMAKING IN ENVI-
RONMENTAL
REVIEWS.—Chapter 3 of title 49, 
United States Code, is amended by inserting after 
section 304 the following: 
‘‘§ 304a. 
Accelerated 
decisionmaking 
in 
environ-
mental reviews 
‘‘(a) IN GENERAL.—In preparing a final environ-
mental impact statement under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 
the Department of Transportation, when acting as lead 
agency, modifies the statement in response to comments 
that are minor and are confined to factual corrections or 
explanations of why the comments do not warrant addi-
tional Departmental response, the Department may write 
on errata sheets attached to the statement instead of re-
writing the draft statement, subject to the condition that 
the errata sheets— 
‘‘(1) cite the sources, authorities, or reasons 
that support the position of the Department; and 
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‘‘(2) if appropriate, indicate the circumstances 
that would trigger Departmental reappraisal or fur-
ther response. 
‘‘(b) INCORPORATION.—To the maximum extent 
practicable, the Department shall expeditiously develop a 
single document that consists of a final environmental im-
pact statement and a record of decision, unless— 
‘‘(1) the final environmental impact statement 
makes substantial changes to the proposed action 
that are relevant to environmental or safety con-
cerns; or 
‘‘(2) there are significant new circumstances or 
information relevant to environmental concerns and 
that bear on the proposed action or the impacts of 
the proposed action.’’. 
(d) CONFORMING AMENDMENT.—The analysis of 
chapter 3 of title 49, United States Code, is amended by 
inserting the following after the item relating to section 
304: 
‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 
(e) EFFECTIVE DATE.—The repeal and amendments 
made by this section are effective on the date of enactment 
of the Moving Ahead for Progress in the 21st Century Act. 
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SEC. 1011. ADVANCE ACQUISITION. 
(a) ADVANCE ACQUISITION.—Chapter 241 of title 
49, United States Code, is amended by inserting the fol-
lowing after section 24105: 
‘‘§ 24106. Advance acquisition 
‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec-
retary may assist a recipient of funding in acquiring right- 
of-way and adjacent real property interests before or dur-
ing the completion of the environmental reviews for any 
project receiving funding under subtitle V of title 49, 
United States Code, that may use such property interests 
if the acquisition is otherwise permitted under Federal 
law, and the recipient requesting Federal funding for the 
acquisition certifies, with the concurrence of the Secretary, 
that— 
‘‘(1) the recipient has authority to acquire the 
real property interest; 
‘‘(2) the acquisition of the real property inter-
est— 
‘‘(A) is for a transportation purpose; 
‘‘(B) will not cause significant adverse en-
vironmental impact; 
‘‘(C) will not limit the choice of reasonable 
alternatives for the proposed project or other-
wise influence the decision of the Secretary on 
any approval required for the project; 
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‘‘(D) does not prevent the lead agency 
from making an impartial decision as to wheth-
er to accept an alternative that is being consid-
ered; 
‘‘(E) complies with other applicable Fed-
eral laws and regulations; 
‘‘(F) will be acquired through negotiation, 
without threat of condemnation; and 
‘‘(G) will not result in elimination or re-
duction of benefits or assistance to a displaced 
person required by the Uniform Relocation As-
sistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) and title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
‘‘(b) ENVIRONMENTAL REVIEWS.— 
‘‘(1) COMPLETION OF NEPA REVIEW.—Before 
authorizing Federal funding for an acquisition of a 
real property interest, the Secretary shall complete 
the review process under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
with respect to the acquisition. 
‘‘(2) COMPLETION OF SECTION 106.—An acqui-
sition of a real property interest involving an historic 
site shall not occur unless the section 106 process 
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under the National Historic Preservation Act (16 
U.S.C. 470f) (as described in 77 Fed. Reg. 68790) 
is complete. 
‘‘(3) TIMING OF ACQUISITION.—A real property 
interest acquired under subsection (a) may not be 
developed in anticipation of the proposed project 
until all required environmental reviews for the 
project have been completed.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 241 of title 49, United States Code, is amended 
by inserting the following after the item relating to section 
24105: 
‘‘Sec. 24106. Advance acquisition.’’. 
SEC. 1012. BRIDGE EXEMPTION FROM CONSIDERATION 
UNDER SECTION 4(f). 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(e) BRIDGE EXEMPTION FROM CONSIDERATION 
UNDER SECTION 4(f).—A common post-1945 concrete or 
steel bridge or culvert that is exempt from individual re-
view under section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 
68790) shall also be exempt from consideration under this 
section.’’. 
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(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(g) BRIDGE EXEMPTION FROM CONSIDERATION 
UNDER SECTION 4(f).—A common post-1945 concrete or 
steel bridge or culvert that is exempt from individual re-
view under section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 
68790) shall also be exempt from consideration under this 
section.’’. 
Subtitle B—Freight Policy and 
Financing 
SEC. 1101. MULTIMODAL FREIGHT INVESTMENT PROGRAM. 
(a) MULTIMODAL FREIGHT INCENTIVE PROGRAM.— 
(1) ESTABLISHMENT.—Title 49, United States 
Code, is amended by adding after chapter 53 the fol-
lowing: 
‘‘CHAPTER 54—FREIGHT 
‘‘Sec. 
‘‘5401. Multimodal freight incentive program. 
‘‘5402. National freight infrastructure program. 
‘‘5403. State freight advisory committees. 
‘‘5404. State freight plans. 
‘‘5405. National freight policy, network, plan and data. 
‘‘§ 5401. Multimodal freight incentive program 
‘‘(a) IN GENERAL.—Subject to the requirements of 
this section, the Secretary shall— 
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‘‘(1) establish a program to make grants to 
States to improve the efficiency and reliability of 
freight movement in the United States; 
‘‘(2) under subsection (c), calculate the max-
imum amount of funding that the Secretary may al-
locate to a State under this section for a fiscal year; 
and 
‘‘(3) under subsection (e), allocate to a State 
one or more grants for which the State qualifies in 
such fiscal year, based on the criteria specified in 
such subsection. 
‘‘(b) DEFINITION.—In this section, the term ‘State’ 
means any of the 50 States, the District of Columbia, or 
Puerto Rico. 
‘‘(c) CALCULATION.— 
‘‘(1) ANNUAL
AMOUNT.—The Secretary shall 
calculate the amount of funding available to be allo-
cated to a State under this section for a fiscal year 
as follows— 
‘‘(A) the amount made available to provide 
multimodal freight incentive grants under this 
section for such fiscal year; multiplied by 
‘‘(B) the overall ratio specified in para-
graph (3). 
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‘‘(2) FLOOR AMOUNT.—Under the calculations 
in paragraph (1), a State’s amount for a fiscal year 
shall not be less than 0.5 percent of the amount 
made available to provide multimodal freight incen-
tive grants under this section for such fiscal year. 
‘‘(3) RATIO.—Subject to paragraph (2), the 
Secretary shall determine the overall ratio referenced 
in paragraph (1)(B) based on the following ratios: 
‘‘(A) 6.25 percent in the ratio that— 
‘‘(i) the number of ports in each 
State; bears to 
‘‘(ii) the number of ports in all States. 
‘‘(B) 6.25 percent in the ratio that— 
‘‘(i) the number of rail track-miles 
used for the movement of freight in each 
State; bears to 
‘‘(ii) the number of such rail track- 
miles in all States. 
‘‘(C) 6.25 percent in the ratio that— 
‘‘(i) the number of cargo-handling air-
ports in each State; bears to 
‘‘(ii) the number of such airports in 
all States. 
‘‘(D) 6.25 percent in the ratio that— 
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‘‘(i) the number of Interstate system 
miles in each State; bears to 
‘‘(ii) the number of Interstate system 
miles in all States. 
‘‘(E) 37.5 percent in the ratio that— 
‘‘(i) the tonnage of rail, waterborne, 
highway, airport and pipeline freight 
moved in each State; bears to 
‘‘(ii) the tonnage of such freight 
moved in all States. 
‘‘(F) 37.5 percent in the ratio that— 
‘‘(i) the value of rail, waterborne, 
highway, airport and pipeline freight 
moved in each State; bears to 
‘‘(ii) the value of such freight moved 
in all States. 
‘‘(d) ELIGIBILITY.—A State shall use a grant under 
this section for— 
‘‘(1) the development of corridor freight plans 
or regional freight plans; or 
‘‘(2) one or more phases of capital projects, 
equipment or operational improvements on roads, 
rails, landside infrastructure on ports and airports, 
and intermodal connectors included in a State 
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freight plan under section 5404 of this title for 
projects that— 
‘‘(A) maintain or improve the efficiency 
and reliability of freight supply chains; 
‘‘(B) demonstrate public freight benefits; 
‘‘(C) improve modal components of a 
multimodal corridor that is critical to a State or 
region; 
‘‘(D) address freight needs to facilitate a 
regionally or nationally significant economic de-
velopment issue; 
‘‘(E) are multimodal, multi-jurisdictional, 
or corridor-based and address freight needs; 
‘‘(F) relieve freight or non-freight access, 
congestion, or safety issues; or 
‘‘(G) address first and last mile connec-
tors. 
‘‘(e) GRANTS.— 
‘‘(1) IN GENERAL.—If during a fiscal year a 
State meets the eligibility criteria specified in para-
graph (2) or (3) the Secretary shall allocate to the 
State in such fiscal year a grant under such para-
graph. The determination of whether a State meets 
such eligibility criteria shall be made by the Sec-
retary. 
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‘‘(2) TIER I INCENTIVE GRANT.— 
‘‘(A) ALLOCATIONS OF FUNDING.—Subject 
to paragraph (4), if a State meets the eligibility 
criteria specified in subparagraph (B) during a 
fiscal year, the Secretary shall allocate to the 
State in such fiscal year 40 percent of the 
amount of the funds available to be allocated to 
the State in such fiscal year. 
‘‘(B) ELIGIBILITY
CRITERIA.—The Sec-
retary may allocate funding to a State under 
this paragraph in a fiscal year if the State— 
‘‘(i) has an established freight advi-
sory committee in accordance with section 
5403 of this title; 
‘‘(ii) has an approved freight plan in 
accordance with section 5404 of this title; 
‘‘(iii) has conducted a statewide anal-
ysis of freight needs and bottlenecks on all 
modes of transportation, including inter-
modal and last mile needs; 
‘‘(iv) demonstrates use of the state-
wide 
analysis 
of 
freight 
needs 
in 
prioritizing projects in the freight plan re-
quired by section 5404 of this title; and 
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‘‘(v) demonstrates that it will use the 
funding that it is allocated under this 
paragraph for the highest priority projects 
that are identified in the freight plan re-
quired by section 5404 of this title and are 
ready to be advanced. 
‘‘(3) TIER II INCENTIVE GRANT.— 
‘‘(A) ALLOCATIONS OF FUNDING.—Subject 
to paragraph (4), if a State meets the eligibility 
criteria specified in subparagraph (B) during a 
fiscal year, the Secretary shall allocate to the 
State in such fiscal year 60 percent of the 
amount of the funds available to be allocated to 
the State in such fiscal year. 
‘‘(B) ELIGIBILITY
CRITERIA.—The Sec-
retary may allocate funding to a State under 
this paragraph in a fiscal year if the State— 
‘‘(i) has met the eligibility criteria 
specified in paragraph (2)(B); 
‘‘(ii) has conducted, in cooperation 
with at least one other State, a multistate 
analysis of freight needs and bottlenecks 
on all modes of transportation, including 
intermodal and last mile needs along a 
multistate freight corridor; 
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‘‘(iii) has developed, in cooperation 
with at least one other State or relevant 
entities in Canada or Mexico, a regional 
freight investment plan that focuses on the 
end-to-end investment needs of critical 
multistate freight corridors based on the 
multistate analysis of freight needs and 
bottlenecks on all modes of transportation, 
including intermodal and last mile needs; 
and 
‘‘(iv) demonstrates that it will use the 
funding that it is allocated under this 
paragraph for the highest priority projects 
identified in the regional freight plan. 
‘‘(4) TIER I AND II ANALYSES AND PLANS.— 
‘‘(A) APPROVAL.—A State shall dem-
onstrate that it developed the analyses and 
plans required under paragraphs (2) and (3) 
with the approval of a State Freight Advisory 
Committee. 
‘‘(B) CERTIFICATION.—The determination 
of whether the analyses and plans required to 
qualify under paragraphs (2) and (3) satisfy 
the requirements of the paragraphs shall be at 
the discretion of the Secretary. 
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‘‘(C) FORECAST PERIOD.—All analyses and 
plans required under paragraph (3) shall ad-
dress a 10-year and 20-year forecast period. 
‘‘(D) UPDATES.—In order to obligate 
funding under paragraphs (2) and (3), a State 
shall update all analyses and plans required 
under such paragraph at least every 5 years. 
‘‘(f) TRANSFER AUTHORITY.— 
‘‘(1) ADMINISTRATION OF PROJECTS.—For the 
purpose of administering a grant under this sub-
section, funds authorized for this section may be 
transferred within the Department and administered 
in accordance with the requirements of title 23 or 49 
of the United States Code applicable to the agency 
to which the funds are transferred and any other re-
quirements applicable to the project. 
‘‘(2) TRANSFER TO OTHER PROGRAMS.—Funds 
authorized for this section may not be transferred to 
any other program under title 23 or 49, United 
States Code. 
‘‘(g) FEDERAL
SHARE.—The Federal share for 
projects funded under this section shall not exceed 80 per-
cent. Funds authorized for this section may not be applied 
towards the non-Federal share of costs under another 
Federal program. 
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‘‘(h) TREATMENT FOR OBLIGATION LIMITATION DIS-
TRIBUTION.—For purposes of distributing obligation limi-
tation in any fiscal year, the Secretary shall provide funds 
made available for this section with obligation limitation 
as follows: 
‘‘(1) The Secretary shall provide funds author-
ized for that fiscal year with obligation limitation 
under section 2002(c)(4) of the GROW AMERICA 
Act or the equivalent provision of the relevant appro-
priations act for a fiscal year, as appropriate. 
‘‘(2) The Secretary shall provide funds carried 
over from prior fiscal years with obligation limitation 
under section 2002(c)(2) of such Act or the equiva-
lent provision of the relevant appropriations act for 
a fiscal year, as appropriate.’’. 
(2) FUNDING.— 
(A) AUTHORIZATION.—There is authorized 
to be appropriated from the highway account of 
the transportation trust fund to carry out sec-
tion 5401 of title 49, United States Code— 
(i) $500,000,000 for fiscal year 2016; 
(ii) $1,000,000,000 for fiscal year 
2017; 
(iii) $1,500,000,000 for fiscal year 
2018; 
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(iv) $2,000,000,000 for fiscal year 
2019; 
(v) $2,000,000,000 for fiscal year 
2020; and 
(vi) $2,000,000,000 for fiscal year 
2021. 
(B) 
AVAILABILITY
AND
ADMINISTRA-
TION.—The funds authorized by subparagraph 
(A) shall be— 
(i) available for obligation on October 
1 of the fiscal year for which they are au-
thorized; 
(ii) available for obligation until ex-
pended; and 
(iii) administered as if such funds 
were apportioned under chapter 1 of title 
23, United States Code. 
(C) TRANSFER TO NATIONAL FREIGHT IN-
FRASTRUCTURE
PROGRAM.—Notwithstanding 
section 5401(f)(2) of title 49, United States 
Code, as soon as practicable after October 1, 
2017, and each fiscal year thereafter, the Sec-
retary shall transfer to the National Freight In-
frastructure Program under section 5402 of 
such title— 
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(i) of the funds authorized under sub-
paragraph (A) to carry out section 5401 of 
such title, any funds that— 
(I) were available to be allocated 
to a State for the prior fiscal year 
under subsection (c) of such section; 
but 
(II) the Secretary did not allo-
cate to that State for that prior fiscal 
year due to that State not meeting 
the eligibility criteria specified under 
subsection (e)(2) or (e)(3) of such sec-
tion; and 
(ii) an amount of obligation limitation 
equal to the amount of funds that the Sec-
retary transfers under clause (i). 
(b) NATIONAL FREIGHT INFRASTRUCTURE PRO-
GRAM.— 
(1) ESTABLISHMENT.—Chapter 54 of such title 
is amended by adding at the end the following: 
‘‘§ 5402. National Freight Infrastructure Program 
‘‘(a) IN GENERAL.—The Secretary shall establish 
and implement a National Freight Infrastructure Pro-
gram under this section. 
‘‘(b) GOALS.—The goals of the program shall be to— 
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‘‘(1) reduce the cost of freight transportation; 
‘‘(2) improve the safety of freight transpor-
tation; 
‘‘(3) relieve bottlenecks in the freight transpor-
tation system; 
‘‘(4) improve the state of good repair of the 
freight transportation system; and 
‘‘(5) reduce the adverse environmental and 
community impacts of freight transportation. 
‘‘(c) DEFINITIONS.—In this section the following 
definitions apply: 
‘‘(1) ELIGIBLE APPLICANT.— 
‘‘(A) IN GENERAL.—The term ‘eligible ap-
plicant’ means— 
‘‘(i) a State (as defined in section 
101(a)(25) of title 23); 
‘‘(ii) American Samoa, the Common-
wealth of the Northern Mariana Islands, 
Guam, or the U.S. Virgin Islands; 
‘‘(iii) a local government; 
‘‘(iv) a metropolitan planning organi-
zation; 
‘‘(v) a public transportation authority 
(including a port authority); 
‘‘(vi) a tribal government; or 
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‘‘(vii) a group of entities described in 
clauses (i) through (vi). 
‘‘(B) GROUPS OF ENTITIES.—A group de-
scribed in clause (vii) of subparagraph (A) shall 
submit an application through a lead applicant 
that qualifies under one of the clauses (i) 
through (vi) of that subparagraph. Public-pri-
vate partnerships are eligible provided the lead 
applicant qualifies under one of the clauses (i) 
through (vi) of subparagraph (A). 
‘‘(2) ELIGIBLE PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
project’ means a capital investment for a trans-
portation infrastructure facility, or for an oper-
ational improvement or equipment for such a 
facility— 
‘‘(i) that is for a facility significantly 
used for the movement of freight, and that 
is— 
‘‘(I) a road, rail, air, water, or 
pipeline facility; 
‘‘(II) an intermodal facility such 
as an intermodal facility serving a 
seaport, a port on the inland water-
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ways, or an airport; or a highway/rail 
intermodal facility; or 
‘‘(III) a facility related to an 
international border crossing; 
‘‘(ii) that the Secretary has deter-
mined will help to achieve the goals set out 
in subsection (b); 
‘‘(iii) for which funding committed by 
State and local governments and other 
public and private partners, along with the 
Federal funding requested, will be suffi-
cient to complete the capital investment; 
and 
‘‘(iv) that upon completion will have 
independent utility. 
‘‘(B) PLANS
AND
ANALYSES.—The term 
‘eligible project’ includes the development of 
plans and analysis required by this chapter. 
‘‘(d) APPLICATIONS.—An eligible applicant seeking to 
receive a grant under this section for an eligible project 
shall submit to the Secretary an application in such form 
and in accordance with such requirements as the Secretary 
shall establish. 
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‘‘(e) SELECTION OF PROJECTS.—The Secretary shall 
select projects for funding based on the criteria specified 
in subsection (f). 
‘‘(f) CRITERIA FOR SELECTION.—The Secretary shall 
select eligible projects for funding based on the following 
criteria: 
‘‘(1) The extent to which the project is likely to 
advance the goals set forth in subsection (b). 
‘‘(2) The likely benefits of the project relative 
to its costs. 
‘‘(3) The extent to which the project dem-
onstrates the use of innovative technology, strate-
gies, and practices. 
‘‘(4) The likely effect of the project on increas-
ing U.S. exports. 
‘‘(5) The consistency of the project with the 
National Freight Strategic Plan under section 5405 
of this title. 
‘‘(6) Inclusion of the project in the State freight 
plan required under section 5404 of this title. 
‘‘(7) The extent to which the project leverages 
Federal funds by matching State, local, tribal, or 
private funds to the Federal funding requested 
under this section. 
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‘‘(8) The extent to which funds for the project 
are not available from other sources. 
‘‘(g) RETROSPECTIVE ANALYSIS.— 
‘‘(1) ANALYSIS.—A grant agreement made 
under this section between the Government and a 
grantee shall specify that the grantee will collect 
data and report to the Secretary, at times that the 
Secretary shall specify, on— 
‘‘(A) the actual cost of constructing the 
project; 
‘‘(B) the time required to complete the 
project and put it into service; 
‘‘(C) the level of usage of the facility built 
or improved by the project; 
‘‘(D) the benefits of the project, measured 
in a way that is consistent with the benefits 
that were estimated in the application for fund-
ing that was submitted to the Secretary; and 
‘‘(E) any costs resulting from the project 
in addition to the costs of constructing the 
project. 
‘‘(h) TERMS AND CONDITIONS.—The Secretary shall 
determine such other terms and conditions, other than 
those listed in this section, as are necessary and appro-
priate to implement this section. 
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‘‘(i) ADMINISTRATIVE AND OVERSIGHT COSTS.— 
‘‘(1) IN GENERAL.—The Secretary may retain 
up to one-half of 1 percent of the amounts author-
ized for each fiscal year under this section for— 
‘‘(A) 
administration 
of 
the 
National 
Freight Infrastructure Program under this sec-
tion; and 
‘‘(B) oversight of projects funded under 
this section. 
‘‘(2) TRANSFER
OF
FUNDS.—The Secretary 
may transfer portions of the funds retained under 
this subsection to the Administrators of the Federal 
Highway Administration, the Federal Railroad Ad-
ministration, the Federal Aviation Administration, 
and the Federal Maritime Administration to carry 
out the administration and oversight of grants made 
under this section. 
‘‘(j) FEDERAL
SHARE.—The Federal share for 
projects funded under this section shall not exceed 80 per-
cent. 
‘‘(k) ADMINISTRATION OF PROJECTS.—For the pur-
pose of administering a grant under this section, funds 
authorized for this section may be transferred within the 
Department and administered in accordance with the re-
quirements of title 23 or 49 of the United States Code 
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applicable to the agency to which the funds are transferred 
and any other requirements applicable to the project.’’. 
(2) FUNDING.— 
(A) IN GENERAL.—There is authorized to 
be appropriated from the highway account of 
the transportation trust fund to carry out this 
section— 
(i) $500,000,000 for fiscal year 2016; 
(ii) $1,000,000,000 for fiscal year 
2017; 
(iii) $1,500,000,000 for fiscal year 
2018; 
(iv) $2,000,000,000 for fiscal year 
2019; 
(v) $2,000,000,000 for fiscal year 
2020; and 
(vi) $2,000,000,000 for fiscal year 
2021. 
(B) ADMINISTRATION
OF
FUNDS.—The 
funds authorized by subparagraph (A) shall 
be— 
(i) available for obligation on October 
1 of the fiscal year for which they are au-
thorized; and 
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(ii) available for obligation until ex-
pended. 
(c) STATE FREIGHT ADVISORY COMMITTEE.—Chap-
ter 54 of such title is amended by adding at the end the 
following: 
‘‘§ 5403. State freight advisory committees 
‘‘(a) IN GENERAL.— 
‘‘(1) FREIGHT
ADVISORY
COMMITTEE.—Each 
State that receives a grant under this chapter shall 
establish and maintain a freight advisory committee 
consistent with criteria established by the Secretary 
and consisting of a representative cross-section of 
public and private sector freight stakeholders, in-
cluding— 
‘‘(A) all modes of freight transportation 
active in the State, including airports, high-
ways, ports, and rail; 
‘‘(B) shippers; 
‘‘(C) carriers; 
‘‘(D) freight-related associations: 
‘‘(E) the freight industry workforce; 
‘‘(F) the transportation department of the 
State; 
‘‘(G) metropolitan planning organizations; 
and 
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‘‘(H) local governments. 
‘‘(2) 
QUALIFICATIONS.—Individuals 
selected 
under paragraph (1) must be widely recognized to 
have qualifications sufficient to represent the inter-
ests of their specific stakeholder group, including— 
‘‘(A) general business and financial experi-
ence; 
‘‘(B) experience or qualifications in the 
areas of freight transportation and logistics; 
‘‘(C) experience in transportation planning; 
‘‘(D) representing employees of the freight 
industry; or 
‘‘(E) representing State or local govern-
ments, or metropolitan planning organizations. 
‘‘(b) ROLE OF COMMITTEE.—The freight advisory 
committee shall— 
‘‘(1) advise the State on freight-related prior-
ities, issues, projects, and funding needs; 
‘‘(2) serve as a forum for discussion for State 
transportation decisions affecting freight mobility; 
‘‘(3) communicate and coordinate regional pri-
orities with other organizations; 
‘‘(4) promote the sharing of information be-
tween the private and public sectors on freight 
issues; 
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‘‘(5) participate in the development of the State 
freight plan, including advising on the development 
of the freight investment plan; and 
‘‘(6) approve the State freight plan under sec-
tion 5404 of this title, including the freight invest-
ment plan required thereunder.’’. 
(d) STATE FREIGHT PLAN.—Chapter 54 of such title 
is amended by adding at the end the following: 
‘‘§ 5404. State freight plan 
‘‘(a) IN GENERAL.—Each State that receives a grant 
under this chapter shall develop a freight plan that pro-
vides a multimodal, comprehensive plan for the immediate 
and long-range planning activities and investments of the 
State with respect to freight. The freight plan shall include 
a strategic, long-term component and a tactical, short- 
term component. 
‘‘(b) PLAN CONTENTS.—The freight plan shall con-
sider all modes of freight transportation in the State and 
include, at a minimum— 
‘‘(1) an identification of significant freight sys-
tem trends, needs, and issues with respect to a 
State; 
‘‘(2) a description of the freight policies, strate-
gies, and performance measures that will guide the 
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freight-related transportation investment decisions of 
the State; 
‘‘(3) a description of how the plan will improve 
the ability of the State to meet the national freight 
goals established under section 5405 of this title; 
‘‘(4) evidence of consideration of innovative 
technologies and operational strategies, including in-
telligent transportation systems, that improve the 
safety and efficiency of freight movement; 
‘‘(5) in the case of routes on which travel of 
heavy vehicles (including mining, agricultural, en-
ergy cargo or equipment, and timber vehicles) is pro-
jected to substantially deteriorate the condition of 
the roadways, a description of improvements that 
may be required to reduce or impede the deteriora-
tion; 
‘‘(6) an inventory of facilities with freight mo-
bility issues, such as truck bottlenecks, within the 
State, and a description of the strategies the State 
is employing to address those freight mobility issues; 
and 
‘‘(7) a freight investment plan that includes a 
list of projects in order of priority and describes how 
multimodal freight investment funds under section 
5401 of this title would be invested and matched. 
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‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— 
‘‘(1) INCORPORATION.—The freight plan may 
be developed separate from or incorporated into the 
statewide strategic long-range transportation plan 
required by section 135(f) of title 23, United States 
Code. 
‘‘(2) REQUIREMENT
OF
ANTICIPATED
FULL 
FUNDING.—The priority freight investment plan 
component of the freight plan shall include a project, 
or an identified phase of a project, only if funding 
for completion of the project can reasonably be an-
ticipated to be available for the project within the 
time period identified in the freight investment plan. 
‘‘(d) CERTIFICATION.—The Secretary shall approve 
State freight plans if they address the requirements of this 
section and are consistent with the National Freight Stra-
tegic Plan. 
‘‘(e) FORECAST PERIOD.—The freight plan shall ad-
dress a 10-year forecast period. 
‘‘(f) UPDATES.—A State shall update the freight plan 
at least every 5 years. The State may update the freight 
investment plan on a more frequent basis.’’. 
(e) NATIONAL FREIGHT POLICY, NETWORK, PLAN, 
AND DATA.—Chapter 54 of such title is amended by add-
ing at the end the following: 
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‘‘§ 5405. National freight policy, network, plan, and 
data 
‘‘(a) NATIONAL FREIGHT POLICY.—It is the policy 
of the United States to improve the condition and per-
formance of the national freight system to ensure that the 
national freight system provides the foundation for the 
United States to compete in the global economy and 
achieve each goal described in subsection (b). 
‘‘(b) GOALS.—The goals of the national freight policy 
are— 
‘‘(1) to increase the productivity and efficiency 
of the national freight system so as to enhance the 
economic competitiveness of the United States; 
‘‘(2) to improve the safety, security, and resil-
ience of freight transportation; and 
‘‘(3) to improve quality of life by reducing, 
eliminating or reversing adverse environmental and 
community impacts of freight projects and goods 
movement in the United States. 
‘‘(c) STRATEGY.—The strategies that the United 
States shall use to achieve the goals set forth in subsection 
(b) shall include— 
‘‘(1) support for or investment in infrastruc-
ture, equipment and operational improvements; 
‘‘(2) appropriate safety, environmental, energy, 
and other transportation policies; 
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‘‘(3) advanced technology and innovation; 
‘‘(4) enhancement of competition and account-
ability in the transportation industries; and 
‘‘(5) use of performance management. 
‘‘(d) NATIONAL FREIGHT SYSTEM DEFINED.—In 
this section, the term ‘national freight system’ means the 
publicly and privately owned transportation facilities that 
are used in transporting freight within the United States, 
including roads, railroads, ports, waterways, locks and 
dams, airports, airways, pipelines, warehouses, distribu-
tion centers, and intermodal facilities. 
‘‘(e) 
MULTIMODAL
NATIONAL
FREIGHT
NET-
WORK.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a multimodal national freight network in ac-
cordance with this section to inform public and pri-
vate planning, to prioritize for Federal investment, 
to aid the public and private sector in strategically 
directing resources, and to support Federal decision-
making to achieve the national freight policy goals 
set forth in subsection (b). 
‘‘(2) NETWORK
COMPONENTS.—The national 
freight network shall consist of such connectors, cor-
ridors and facilities in all freight transportation 
modes as most critical to the current and future 
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movement of freight within the national freight sys-
tem. 
‘‘(3) INITIAL DESIGNATION OF THE NATIONAL 
FREIGHT NETWORK.— 
‘‘(A) DESIGNATION.—The Secretary shall 
designate a national freight network— 
‘‘(i) using measurable data to assess 
the significance of goods movement, includ-
ing consideration of points of origin, des-
tination, and linking components of the 
United States global and domestic supply 
chains; 
‘‘(ii) fostering network connectivity; 
and 
‘‘(iii) reflecting input collected from 
stakeholders through a public process, in-
cluding input from metropolitan planning 
organizations and States, to identify crit-
ical freight facilities that are vital links in 
national or regionally significant goods 
movement and supply chains. 
‘‘(B) FACTORS
FOR
DESIGNATION.—In 
designating the national freight network, the 
Secretary may consider— 
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‘‘(i) volume, tonnage, and value of 
freight; 
‘‘(ii) 
origins 
and 
destinations 
of 
freight movement in, to, and from the 
United States; 
‘‘(iii) land and maritime ports of 
entry; 
‘‘(iv) population centers; 
‘‘(v) economic factors or other inputs 
determined to be relevant by the Secretary; 
‘‘(vi) bottlenecks and other impedi-
ments contributing to significant measur-
able congestion and delay in freight move-
ment; 
‘‘(vii) facilities of future freight im-
portance based on input from stakeholders 
and analysis of projections for future 
growth and changes to the freight system; 
and 
‘‘(viii) elements of the freight system 
identified and documented by a metropoli-
tan planning organization and State using 
national or local data as having critical 
freight importance to the region. 
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‘‘(4) 
REDESIGNATION
OF
THE
NATIONAL 
FREIGHT
NETWORK.—Effective beginning 5 years 
after the designation of the national freight network 
and every 5 years thereafter, using the designation 
factors described in paragraph (1), the Secretary 
shall redesignate the national freight network. 
‘‘(f) NATIONAL FREIGHT STRATEGIC PLAN.— 
‘‘(1) ESTABLISHMENT
OF
PLAN.—Not later 
than October 1, 2015, the Secretary shall, in con-
sultation with the Secretary of Homeland Security, 
the Secretary of Commerce, the Assistant Secretary 
of the Army for Civil Works, State departments of 
transportation, and other appropriate public and pri-
vate transportation stakeholders, develop, maintain, 
and post on the Department of Transportation pub-
lic website a national freight strategic plan that shall 
include— 
‘‘(A) an assessment of the condition and 
performance of the national freight system; 
‘‘(B) an identification of bottlenecks on the 
national freight system that create significant 
freight congestion problems, based on a quan-
titative methodology developed by the Secretary, 
which shall, at a minimum, include— 
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‘‘(i) information from the Freight 
Analysis Framework of the Federal High-
way Administration; and 
‘‘(ii) to the maximum extent prac-
ticable, an estimate of the cost of address-
ing each bottleneck and any operational 
improvements that could be implemented; 
‘‘(C) forecasts of freight volumes for 10- 
year and 20-year periods beginning in the year 
during which the plan is issued; 
‘‘(D) an identification of major trade gate-
ways and national freight corridors that connect 
major population centers, trade gateways, and 
other major freight generators for current and 
forecasted traffic and freight volumes, the iden-
tification of which shall be revised, as appro-
priate, in subsequent plans; 
‘‘(E) an assessment of statutory, regu-
latory, technological, institutional, financial, 
and other barriers to improved freight transpor-
tation performance (including opportunities for 
overcoming the barriers); 
‘‘(F) an identification of routes providing 
access to energy exploration, development, in-
stallation, or production areas; 
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‘‘(G) best practices for improving the per-
formance of the national freight system; 
‘‘(H) best practices for addressing the im-
pacts of freight movement on communities; 
‘‘(I) a process for addressing multistate 
projects and encouraging jurisdictions to col-
laborate; and 
‘‘(J) 
strategies 
to 
improve 
freight 
connectivity between modes of transportation. 
‘‘(2) UPDATES TO NATIONAL FREIGHT STRA-
TEGIC PLAN.—Not later than 5 years after the date 
of completion of the first national freight strategic 
plan under paragraph (1), and every 5 years there-
after, the Secretary shall update and repost on the 
Department of Transportation public website a re-
vised national freight strategic plan. 
‘‘(g) FREIGHT TRANSPORTATION CONDITIONS AND 
PERFORMANCE REPORTS.—Not later than October 1, 
2016, and biennially thereafter, the Secretary shall pre-
pare a report that contains a description of the conditions 
and performance of the national freight system in the 
United States. 
‘‘(h) TRANSPORTATION
INVESTMENT
DATA
AND 
PLANNING TOOLS.— 
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‘‘(1) IN GENERAL.—The Secretary shall develop 
new tools and improve existing tools to support an 
outcome-oriented, performance-based approach to 
evaluate proposed freight-related and other transpor-
tation projects, including— 
‘‘(A) methodologies for systematic analysis 
of benefits and costs; 
‘‘(B) freight forecasting models; 
‘‘(C) tools for ensuring that the evaluation 
of freight-related and other transportation 
projects can consider safety, economic competi-
tiveness, environmental sustainability, and sys-
tem condition in the project selection process; 
and 
‘‘(D) other elements to assist in effective 
transportation planning. 
‘‘(2) FREIGHT
DATA.—In support of these 
tools, and to support a broad range of evaluation 
methods and techniques to assist in making trans-
portation investment decisions, the Secretary shall— 
‘‘(A) direct the collection of appropriate 
transportation-related data, including data to 
measure the condition and performance of the 
national freight system; and 
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‘‘(B) consider any improvements to exist-
ing freight data collection efforts that could re-
duce identified freight data gaps and defi-
ciencies and help improve forecasts of freight 
transportation demand. 
‘‘(3) CONSULTATION.—The Secretary shall con-
sult with Federal, State, and other stakeholders to 
develop, improve, and implement the tools and col-
lect the data identified pursuant to this subsection. 
‘‘(4) MULTIMODAL
FREIGHT
MEASURE.—The 
Secretary shall evaluate the analyses and plans re-
quired under section 5401(e) (2) and (3) of this title 
and consider development of a national performance 
measure to assess the efficiency of the multimodal 
freight network in accordance with the National 
Freight Strategic Plan.’’. 
(f) CONFORMING AMENDMENTS.— 
(1) TABLE OF CHAPTERS.—The table of chap-
ters for such title is amended by inserting after the 
item related to chapter 53 the following: 
‘‘54. Freight ......................................................................................... 5401’’. 
(2) REPEALS.— 
(A) MAP–21.—Sections 1116, 1117, and 
1118 of MAP–21 (Public Law 112–141) are re-
pealed. 
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(B) TITLE 23.—Section 167 of title 23, 
United States Code, is repealed. 
(3) CROSS-REFERENCE.—Section 505(a)(3) of 
title 23, United States Code, is amended by striking 
‘‘149, and 167’’ and inserting ‘‘and 149, and section 
5405 of title 49’’. 
SEC. 1102. REDESIGNATION OF THE NATIONAL NETWORK. 
(a) OPERATION OF COMMERCIAL VEHICLES ON THE 
NATIONAL
HIGHWAY
SYSTEM
AND
THE
NATIONAL 
FREIGHT NETWORK.— 
(1) 
SECTION
31111
AMENDMENT.—Section 
31111 of title 49, United States Code, is amended— 
(A) in subsection (b)(1)(A) by striking 
‘‘the Dwight D. Eisenhower System of Inter-
state and Defense Highways (except a segment 
exempted under subsection (f) of this section) 
and those classes of qualifying Federal-aid Pri-
mary System highways designated by the Sec-
retary of Transportation under subsection (e) of 
this section’’ and inserting ‘‘the National High-
way System and the National Freight Network 
(except a segment exempted under subsection 
(e) of this section)’’; 
(B) in subsection (c) by striking ‘‘the 
Dwight D. Eisenhower System of Interstate 
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and Defense Highways (except a segment ex-
empted under subsection (f) of this section) and 
those classes of qualifying Federal-aid Primary 
System highways designated by the Secretary of 
Transportation under subsection (e) of this sec-
tion’’ and inserting ‘‘the National Highway Sys-
tem and the National Freight Network (except 
a segment exempted under subsection (e) of 
this section)’’; 
(C) by striking subsection (e); 
(D) by redesignating subsections (f) and 
(g) as subsections (e) and (f), respectively; and 
(E) in subsection (e), as redesignated— 
(i) in paragraph (1) by striking ‘‘the 
Dwight D. Eisenhower System of Inter-
state and Defense Highways’’ and insert-
ing ‘‘the National Highway System or the 
National Freight Network’’; 
(ii) in paragraph (2) by striking ‘‘the 
Dwight D. Eisenhower System of Inter-
state and Defense Highways’’ and insert-
ing ‘‘the National Highway System or the 
National Freight Network’’; and 
(iii) in paragraph (4)(A) by striking 
‘‘the Dwight D. Eisenhower System of 
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Interstate and Defense Highways’’ and in-
serting ‘‘the National Highway System or 
the National Freight Network’’. 
(2) 
SECTION
31112
AMENDMENT.—Section 
31112 of title 49, United States Code, is amended 
in subsection (b) by striking ‘‘by the Secretary of 
Transportation under section 31111(e) of this title’’ 
and inserting ‘‘in part 658 of title 23, Code of Fed-
eral Regulations’’. 
(3) 
SECTION
31113
AMENDMENT.—Section 
31113 of title 49, United States Code, is amended— 
(A) by amending subsection (a) to read as 
follows: 
‘‘(a) GENERAL LIMITATIONS.—Except as provided in 
subsection (e) of this section, a State (except Hawaii) may 
not prescribe or enforce a regulation of commerce that im-
poses a vehicle width limitation of more or less than 102 
inches on a commercial motor vehicle operating on the Na-
tional Highway System or the National Freight Net-
work.’’; 
(B) in subsection (d) by striking ‘‘the 
Dwight D. Eisenhower System of Interstate 
and Defense Highways (except a segment ex-
empted under subsection (e) of this section) or 
other qualifying Federal-aid highway designated 
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by the Secretary’’ and inserting ‘‘the National 
Highway System or National Freight Net-
work’’; and 
(C) in subsection (e)— 
(i) in paragraph (1) by striking ‘‘the 
Dwight D. Eisenhower System of Inter-
state and Defense Highways’’ and insert-
ing ‘‘the National Highway System or Na-
tional Freight Network’’; 
(ii) in paragraph (2) by striking ‘‘the 
Dwight D. Eisenhower System of Inter-
state and Defense Highways’’ and insert-
ing ‘‘the National Highway System or Na-
tional Freight Network’’; and 
(iii) in paragraph (4)(A) by striking 
‘‘the Dwight D. Eisenhower System of 
Interstate and Defense Highways’’ and in-
serting ‘‘the National Highway System or 
National Freight Network’’. 
(4) 
SECTION
31114
AMENDMENT.—Section 
31114 of title 49, United States Code, is amended— 
(A) in the section heading by striking 
‘‘Interstate System’’ and inserting ‘‘National 
Highway System and National Freight Net-
work’’; and 
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(B) by amending subsection (a)(1) to read 
as follows: 
‘‘(1) the National Highway System or the Na-
tional Freight Network; and’’. 
(b) DELAYED APPLICABILITY.—The Secretary shall 
not enforce the amendments made by this section until 
3 years after the effective date of this Act. 
Subtitle C—Planning 
SEC. 1201. TRANSPORTATION SYSTEM RESILIENCE ASSESS-
MENT. 
(a) SECTION 134 AMENDMENT.—Section 134 of title 
23, United States Code, is amended— 
(1) in subsection (b)— 
(A) by redesignating paragraphs (1), (2), 
(3), (4), (5), (6), and (7) as paragraphs (4), 
(5), (6), (7), (8), (10), and (11), respectively; 
(B) by inserting before paragraph (4), as 
redesignated, the following: 
‘‘(1) 
ADAPTATION.—The 
term 
‘adaptation’ 
means adjustment in natural or human systems in 
anticipation of or response to a changing environ-
ment in a way that effectively uses beneficial oppor-
tunities or moderates negative effects of extreme 
weather events or climate change. 
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‘‘(2) CLIMATE
CHANGE.—The term ‘climate 
change’ means any significant change in the meas-
ures of climate lasting for an extended period of 
time. This may include major changes in tempera-
ture, precipitation, or wind patterns, among others, 
that occur over several decades or longer. 
‘‘(3) CRITICAL
HIGHWAY
AND
TRANSIT
AS-
SETS.—The term ‘critical highway and transit as-
sets’ means transportation facilities considered crit-
ical to support population centers, freight movement 
and economic activity, or evacuation, recovery or na-
tional security functions.’’; and 
(C) by inserting before paragraph (10), as 
redesignated, the following: 
‘‘(9) RESILIENCE.—The term ‘resilience’ means 
the ability to anticipate, prepare for, and adapt to 
changing conditions and to withstand, respond to, 
and recover rapidly from disruptions, including ex-
treme weather events and climate change.’’; and 
(2) in subsection (i)(2)— 
(A) by redesignating subparagraphs (E), 
(F), (G), and (H), as subparagraphs (F), (G), 
(H), and (I), respectively; and 
(B) by inserting before subparagraph (F), 
as redesignated, the following: 
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‘‘(E) ADAPTATION AND RESILIENCE.— 
‘‘(i) IN GENERAL.—In order to pro-
tect the integrity and enhance the resil-
ience of the transportation system and to 
ensure the efficient use of Federal re-
sources, the long-range transportation plan 
shall include— 
‘‘(I) an analysis of potential 
vulnerabilities and risks of critical 
highway and transit assets to the im-
pacts of current and future extreme 
weather and climate change effects; 
and 
‘‘(II) an explanation of potential 
strategies for the adaptation of those 
critical assets. 
‘‘(ii) CONSULTATION AND COORDINA-
TION.—The analysis shall be developed in 
consultation with Federal, State, local and 
Tribal agencies, as appropriate. The anal-
ysis and strategies shall take into consider-
ation the risk management analysis in the 
State’s asset management plan, developed 
pursuant to section 119 of this title, and 
the State’s evaluation of reasonable alter-
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natives to roads, highways, and bridges 
that repeatedly require repair and recon-
struction activities due to emergency 
events, carried out in accordance with sec-
tion 1315(b) of Public Law 112–141 (126 
Stat. 549).’’. 
(b) SECTION 135 AMENDMENT.—Section 135(f) of 
title 23, United States Code, is amended by adding at the 
end the following: 
‘‘(10) ADAPTATION AND RESILIENCE.— 
‘‘(A) IN GENERAL.—To protect the integ-
rity and enhance the resilience of the transpor-
tation system and to ensure the efficient use of 
Federal resources, the long-range transpor-
tation plan shall include— 
‘‘(i) 
an 
analysis 
of 
potential 
vulnerabilities and risks of critical highway 
and transit assets to the impacts of cur-
rent and future extreme weather and cli-
mate change effects; and 
‘‘(ii) an explanation of potential strat-
egies for the adaptation of those critical 
assets. 
‘‘(B) 
CONSULTATION
AND
COORDINA-
TION.—The analysis shall be developed in con-
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sultation with Federal, State, local and Tribal 
agencies, as appropriate. The analysis and 
strategies shall take into consideration the risk 
management analysis in the State’s asset man-
agement plan, developed pursuant to section 
119 of this title, and the State’s evaluation of 
reasonable alternatives to roads, highways, and 
bridges that repeatedly require repair and re-
construction activities due to emergency events, 
carried out in accordance with section 1315(b) 
of Public Law 112–141 (126 Stat. 549).’’. 
(c) SECTION 5303 AMENDMENT.—Section 5303 of 
title 49, United States Code, is amended— 
(1) in subsection (b)— 
(A) by redesignating paragraphs (1), (2), 
(3), (4), (5), (6), and (7) as paragraphs (4), 
(5), (6), (7), (8), (10), and (11), respectively; 
(B) by inserting before paragraph (4), as 
redesignated, the following: 
‘‘(1) 
ADAPTATION.—The 
term 
‘adaptation’ 
means an adjustment in natural or human systems 
in anticipation of or response to a changing environ-
ment in a way that effectively uses beneficial oppor-
tunities or moderates negative effects of extreme 
weather events or climate change. 
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‘‘(2) CLIMATE
CHANGE.—The term ‘climate 
change’ means any significant change in the meas-
ures of climate lasting for an extended period of 
time. This may include major changes in tempera-
ture, precipitation, or wind patterns, among others, 
that occur over several decades or longer. 
‘‘(3) CRITICAL
HIGHWAY
AND
TRANSIT
AS-
SETS.—The term ‘critical highway and transit as-
sets’ means transportation facilities considered crit-
ical to support population centers, freight movement 
and economic activity, or evacuation, recovery or na-
tional security functions.’’; and 
(C) by inserting before paragraph (10), as 
redesignated, the following: 
‘‘(9) RESILIENCE.—The term ‘resilience’ means 
the ability to anticipate, prepare for, and adapt to 
changing conditions and to withstand, respond to, 
and recover rapidly from disruptions, including ex-
treme weather events and climate change.’’; and 
(2) in subsection (i)(2)— 
(A) by redesignating subparagraphs (E), 
(F), (G), and (H), as subparagraphs (F), (G), 
(H), and (I), respectively; and 
(B) by inserting before subparagraph (F), 
as redesignated, the following: 
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‘‘(E) ADAPTATION AND RESILIENCE.— 
‘‘(i) IN GENERAL.—To protect the in-
tegrity and enhance the resilience of the 
transportation system and to ensure the 
efficient use of Federal resources, the long- 
range transportation plan shall include— 
‘‘(I) an analysis of potential 
vulnerabilities and risks of critical 
highway and transit assets to the im-
pacts of current and future extreme 
weather and climate change effects; 
and 
‘‘(II) an explanation of potential 
strategies for the adaptation of those 
critical assets. 
‘‘(ii) CONSULTATION AND COORDINA-
TION.—The analysis shall be developed in 
consultation with Federal, State, local and 
Tribal agencies, as appropriate. The anal-
ysis and strategies shall take into consider-
ation the risk management analysis in the 
State’s asset management plan, developed 
pursuant to section 119 of this title, and 
the State’s evaluation of reasonable alter-
natives to roads, highways, and bridges 
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that repeatedly require repair and recon-
struction activities due to emergency 
events, carried out in accordance with sec-
tion 1315(b) of Public Law 112–141 (126 
Stat. 549).’’. 
(d) SECTION 5304 AMENDMENT.—Section 5304(f) of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘(10) ADAPTATION AND RESILIENCE.— 
‘‘(A) IN GENERAL.—To protect the integ-
rity and enhance the resilience of the transpor-
tation system and ensure the efficient use of 
Federal resources, the long-range transpor-
tation plan shall include— 
‘‘(i) 
an 
analysis 
of 
potential 
vulnerabilities and risks of critical highway 
and transit assets to the impacts of cur-
rent and future extreme weather and cli-
mate change effects; and 
‘‘(ii) an explanation of potential strat-
egies for the adaptation of those critical 
assets. 
‘‘(B) 
CONSULTATION
AND
COORDINA-
TION.—The analysis shall be developed in con-
sultation with Federal, State, local and Tribal 
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agencies, as appropriate. The analysis and 
strategies shall take into consideration the risk 
management analysis in the State’s asset man-
agement plan, developed pursuant to section 
119 of this title, and the State’s evaluation of 
reasonable alternatives to roads, highways, and 
bridges that repeatedly require repair and re-
construction activities due to emergency events, 
carried out in accordance with section 1315(b) 
of Public Law 112–141 (126 Stat. 549).’’. 
SEC. 1202. CONSOLIDATED AND HIGH PERFORMING MET-
ROPOLITAN PLANNING ORGANIZATIONS. 
(a) CONSOLIDATION OF METROPOLITAN PLANNING 
ORGANIZATIONS.— 
(1) 
SECTION
134
AMENDMENT.—Section 
134(d)(6) of title 23, United States Code, is amend-
ed to read as follows: 
‘‘(6) CONSOLIDATION OF METROPOLITAN PLAN-
NING ORGANIZATIONS WITHIN URBANIZED AREAS.— 
‘‘(A) LIMITATION ON NEW METROPOLITAN 
PLANNING
ORGANIZATION
DESIGNATIONS.—A 
metropolitan planning organization shall not be 
newly designated— 
‘‘(i) within a metropolitan statistical 
area if another metropolitan planning or-
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ganization already exists within the bound-
aries of the metropolitan statistical area; 
or 
‘‘(ii) outside of a metropolitan statis-
tical area. 
‘‘(B) MULTIPLE EXISTING METROPOLITAN 
PLANNING ORGANIZATIONS.—If multiple exist-
ing metropolitan planning organizations are 
designated within a metropolitan statistical 
area— 
‘‘(i) the metropolitan planning organi-
zations may— 
‘‘(I) retain their designation as 
distinct metropolitan planning organi-
zations; or 
‘‘(II) be consolidated by agree-
ment between the metropolitan plan-
ning organizations; 
‘‘(ii) the Governor (or Governors) and 
the existing metropolitan planning organi-
zations shall— 
‘‘(I) revisit a determination to re-
main unconsolidated every 10 years, 
beginning two years after the next de-
cennial census; and 
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‘‘(II) provide justification to the 
Secretary of the continued necessity of 
the designation of multiple metropoli-
tan planning organizations in the 
area; and 
‘‘(iii) where multiple metropolitan 
planning organizations exist within a single 
metropolitan statistical area, they shall co-
operate with one another to— 
‘‘(I) develop a single transpor-
tation improvement plan and a single 
long-range plan for use by all metro-
politan planning organizations within 
the metropolitan statistical area when 
developing their individual plans; and 
‘‘(II) establish a single set of per-
formance targets that address the per-
formance measures described in sec-
tion 150(c) for use in developing indi-
vidual performance targets in accord-
ance with section 134(h)(2).’’. 
(2) 
SECTION
5303
AMENDMENT.—Section 
5303(d)(6) of title 49, United States Code, is 
amended to read as follows: 
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‘‘(6) CONSOLIDATION OF METROPOLITAN PLAN-
NING ORGANIZATIONS WITHIN URBANIZED AREAS.— 
‘‘(A) LIMITATION ON NEW METROPOLITAN 
PLANNING
ORGANIZATION
DESIGNATIONS.—A 
metropolitan planning organization shall not be 
newly designated— 
‘‘(i) within a metropolitan statistical 
area if another metropolitan planning or-
ganization already exists within the bound-
aries of the metropolitan statistical area; 
or 
‘‘(ii) outside of a metropolitan statis-
tical area. 
‘‘(B) MULTIPLE EXISTING METROPOLITAN 
PLANNING ORGANIZATIONS.—If multiple exist-
ing metropolitan planning organizations are 
designated within a metropolitan statistical 
area— 
‘‘(i) the metropolitan planning organi-
zations may— 
‘‘(I) retain their designation as 
distinct metropolitan planning organi-
zations; or 
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‘‘(II) be consolidated by agree-
ment between the metropolitan plan-
ning organizations; 
‘‘(ii) the Governor (or Governors) and 
the existing metropolitan planning organi-
zations shall— 
‘‘(I) revisit a determination to re-
main unconsolidated every 10 years, 
beginning two years after the next de-
cennial census; and 
‘‘(II) provide justification to the 
Secretary of the continued necessity of 
the designation of multiple metropoli-
tan planning organizations in the 
area; and 
‘‘(iii) where multiple metropolitan 
planning organizations exist within a single 
metropolitan statistical area, they shall co-
operate with one another to— 
‘‘(I) develop a single transpor-
tation improvement plan and a single 
long-range plan for use by all metro-
politan planning organizations within 
the metropolitan statistical area when 
developing their individual plans; and 
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‘‘(II) establish a single set of per-
formance targets that address the per-
formance measures described in sec-
tion 150(c) of title 23, United States 
Code, for use in developing individual 
performance targets in accordance 
with subsection (h)(2) and sections 
5326(c) and 5329(d) of this title.’’. 
(3) DEFINITIONS.— 
(A) 
HIGHWAY
DEFINITION.—Section 
134(b) of title 23, United States Code, as 
amended by section 1201(a) of this Act, is fur-
ther amended by— 
(i) 
redesignating 
paragraphs 
(3) 
through (11) as paragraphs (4) through 
(12); and 
(ii) inserting after paragraph (2) the 
following: 
‘‘(3) CONSOLIDATED METROPOLITAN PLANNING 
ORGANIZATION.—The term ‘consolidated metropoli-
tan planning organization’ means a sole metropoli-
tan planning organization that serves a metropolitan 
statistical area.’’. 
(B) 
TRANSIT
DEFINITION.—Section 
5303(b) of title 49, United States Code, as 
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amended by section 1201(c) of this Act is fur-
ther amended by— 
(i) 
redesignating 
paragraphs 
(3) 
through (11) as paragraphs (4) through 
(12); and 
(ii) inserting after paragraph (2) the 
following: 
‘‘(3) CONSOLIDATED METROPOLITAN PLANNING 
ORGANIZATION.—The term ‘consolidated metropoli-
tan planning organization’ means a sole metropoli-
tan planning organization that serves a metropolitan 
statistical area.’’. 
(b) DESIGNATION OF HIGH PERFORMING METRO-
POLITAN PLANNING ORGANIZATIONS.— 
(1) SECTION 134 AMENDMENT.—Section 134 of 
title 23, United States Code, as amended by this 
Act, is further amended by adding at the end the 
following: 
‘‘(r) HIGH PERFORMING METROPOLITAN PLANNING 
ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—A metropolitan planning 
organization that represents an urbanized area with 
a population of over 200,000 individuals may re-
quest a high performing metropolitan planning orga-
nization designation from the Secretary. 
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‘‘(2) CRITERIA.—In making a high performing 
metropolitan planning organization designation, the 
Secretary shall consider— 
‘‘(A) the extent to which the metropolitan 
planning organization has an equitable and re-
gional approach to decisionmaking; 
‘‘(B) the extent to which the metropolitan 
planning organization has incorporated its per-
formance targets established pursuant to sec-
tion 150 of this title and sections 5303(h)(2), 
5326(c) and 5329(d) of title 49 into its plan-
ning process; 
‘‘(C) whether the metropolitan planning or-
ganization is a consolidated metropolitan plan-
ning organization; 
‘‘(D) if the metropolitan planning organi-
zation is not a consolidated metropolitan plan-
ning organization, the extent to which the met-
ropolitan planning organization is coordinating 
with all other metropolitan planning organiza-
tions designated for the same metropolitan sta-
tistical area; 
‘‘(E) the technical capacity of the metro-
politan planning organization; and 
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‘‘(F) other criteria established by the Sec-
retary in guidance. 
‘‘(3) REVIEW.—A designation under paragraph 
(1) shall stay in effect for 10 years from the date 
of designation.’’. 
(2) SECTION 5303 AMENDMENT.—Section 5303 
of title 49, United States Code, as amended by this 
Act, is further amended by adding at the end the 
following: 
‘‘(r) HIGH PERFORMING METROPOLITAN PLANNING 
ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—A metropolitan planning 
organization that represents an urbanized area with 
a population of over 200,000 individuals may re-
quest a high performing metropolitan planning orga-
nization designation from the Secretary. 
‘‘(2) CRITERIA.—In making a high performing 
metropolitan planning organization designation, the 
Secretary shall consider— 
‘‘(A) the extent to which the metropolitan 
planning organization has an equitable and re-
gional approach to decisionmaking; 
‘‘(B) the extent to which the metropolitan 
planning organization has incorporated its per-
formance targets established pursuant to sec-
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retary under section 134(r) or section 
5303(r) of title 49, United States Code). 
Any funds remaining under this clause 
shall be obligated in any area of the State 
under subparagraph (B). 
‘‘(ii) AMOUNT.—The amount to be ob-
ligated under clause (i) in an urbanized 
area served by a high performing metro-
politan planning organization shall equal 
50 percent of the amount to be obligated 
in that urbanized area under paragraph 
(4) and is in addition to the amount under 
such paragraph.’’. 
(d) TRANSPORTATION
ALTERNATIVES
INCENTIVE 
FUNDS.—Section 213(c)(1) of such title is amended to 
read as follows: 
‘‘(1) CALCULATION.—The funds reserved to a 
State shall be obligated as follows: 
‘‘(A) SUBALLOCATED FUNDS.—50 percent 
of the funds for a fiscal year shall be obligated 
under this section to any eligible entity in pro-
portion to its relative share of the population of 
the State— 
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‘‘(i) in urbanized areas of the State 
with an urbanized area population over 
200,000; 
‘‘(ii) in urban areas of the State with 
a population of 5,000 to 200,000; and 
‘‘(iii) in areas of the State with a pop-
ulation of fewer than 5,000. 
‘‘(B) STATEWIDE FUNDS.—25 percent of 
the funds for a fiscal year may be obligated in 
any area of the State. 
‘‘(C) HIGH
PERFORMING
METROPOLITAN 
PLANNING ORGANIZATIONS.— 
‘‘(i) IN GENERAL.—25 percent of the 
funds for a fiscal year shall be obligated 
under this section in urbanized areas 
under subparagraph (A)(i) that are served 
by high performing metropolitan planning 
organizations (as designated by the Sec-
retary under section 134(r) or section 
5303(r) of title 49, United States Code). 
Any funds remaining under this clause 
shall be obligated in any area of the State 
under subparagraph (B). 
‘‘(ii) AMOUNT.—The amount to be ob-
ligated under clause (i) in an urbanized 
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area served by a high performing metro-
politan planning organization shall equal 
50 percent of the amount to be obligated 
in that urbanized area under paragraph 
(3) and is in addition to the amount under 
such paragraph.’’. 
(e) OBLIGATION AUTHORITY.—Section 133(f) of 
such title is amended— 
(1) in paragraph (1), by— 
(A) striking ‘‘A State’’ and inserting ‘‘Ex-
cept as provided in paragraph (2), a State’’; 
and 
(B) striking ‘‘fiscal years 2011 through 
2014’’ and inserting ‘‘fiscal years 2016 through 
2018 and the period of fiscal years 2019 
through 2021’’; 
(2) by redesignating paragraph (2) as para-
graph (3) and inserting after paragraph (1) the fol-
lowing: 
‘‘(2) HIGH PERFORMING METROPOLITAN PLAN-
NING ORGANIZATIONS.— 
‘‘(A) IN GENERAL.—A State that is re-
quired to obligate in an urbanized area under 
subsections (d)(1)(A)(i) and (d)(1)(C)(i) shall 
make available to such urbanized area on an 
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annual basis an amount of obligation authority 
distributed to the State for Federal-aid high-
ways and highway safety construction programs 
for use in the area that is equal to the amount 
obtained by multiplying— 
‘‘(i) the amount of funds that the 
State is required to obligate in the area 
under such subsections; and 
‘‘(ii) the ratio specified in paragraph 
(1)(B). 
‘‘(B) AVAILABILITY.—The obligation au-
thority that a State makes available to an ur-
banized area under subparagraph (A) shall re-
main available for a period of four fiscal 
years.’’; and 
(3) in paragraph (3), as redesignated, by strik-
ing ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) 
and (2)’’. 
(f) DISTRIBUTION
OF METROPOLITAN PLANNING 
FUNDS.—Section 104(d)(2)(A) of such title is amended— 
(1) in clause (i), by striking ‘‘; and’’ and insert-
ing ‘‘;’’; 
(2) by redesignating clause (ii) as clause (iii); 
and 
(3) by inserting after clause (i) the following: 
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‘‘(ii) prioritizes the needs of high per-
forming metropolitan planning organiza-
tions (as designated by the Secretary 
under section 134(r) or section 5303(r) of 
title 49, United States Code); and’’. 
(g) TECHNICAL CORRECTION.—Subsection 133(h)(1) 
of such title is amended by striking ‘‘for each of fiscal 
years 2013 through 2014’’ and inserting ‘‘each fiscal 
year’’. 
SEC. 1203. PARTICIPATION OF PUBLIC PORT AUTHORITIES. 
(a) 
SECTION
134 
AMENDMENT.—Section 
134(i)(6)(A) of title 23, United States Code, is amended 
by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 
(b) SECTION 135 AMENDMENT.—Section 135(g)(3) 
of title 23, United States Code, is amended by inserting 
‘‘public ports,’’ before ‘‘freight shippers’’. 
(c) 
SECTION
5303 
AMENDMENT.—Section 
5303(i)(6)(A) of title 49, United States Code, is amended 
by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 
(d) 
SECTION
5304 
AMENDMENT.—Section 
5304(g)(3) of title 49, United States Code, is amended 
by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 
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SEC. 1204. STRENGTHENING THE STATEWIDE AND NON-
METROPOLITAN PLANNING PROCESS. 
(a) SECTION 135 AMENDMENT.—Section 135 of title 
23, United States Code, is amended— 
(1) in subsection (f)(5) by striking ‘‘may’’ and 
inserting ‘‘shall’’; 
(2) in subsection (f)(7)— 
(A) by striking ‘‘should’’ and inserting 
‘‘shall’’; and 
(B) by striking the final ‘‘;’’ and inserting 
‘‘.’’; 
(3) in subsection (g)(5)(F)(i) by striking ‘‘may’’ 
and inserting ‘‘shall’’; and 
(4) by striking subsection (g)(8) and inserting 
the following: 
‘‘(8) CERTIFICATION PROCESS.— 
‘‘(A) IN GENERAL.—At least once every 4 
years the Secretary shall certify that each State 
has met the requirements of— 
‘‘(i) this section; and 
‘‘(ii) other Federal laws, regulations, 
and orders applicable to the statewide and 
nonmetropolitan 
and 
the 
metropolitan 
planning processes. 
‘‘(B) FAILURE TO MEET CERTIFICATION.— 
If a State does not meet such certification, the 
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Secretary may withhold up to 20 percent of the 
funds attributable to such State for projects 
funded under this title and chapter 53 of title 
49. 
‘‘(C) RESTORATION OF FUNDS.—The with-
held funds shall be restored to the State at such 
time as the State process is certified by the 
Secretary. 
‘‘(D) PUBLIC INVOLVEMENT.—In making 
the certification determinations under this para-
graph, the Secretary shall provide for public in-
volvement appropriate to the State under re-
view.’’. 
(b) SECTION 5304 AMENDMENT.—Section 5304 of 
title 49, United States Code, is amended— 
(1) in subsection (f)(5) by striking ‘‘may’’ and 
inserting ‘‘shall’’; 
(2) in subsection (f)(7) by striking ‘‘should’’ 
and inserting ‘‘shall’’; 
(3) in subsection (g)(5)(F)(i) by striking ‘‘may’’ 
and inserting ‘‘shall’’; and 
(4) by striking subsection (g)(8) and inserting 
the following: 
‘‘(8) CERTIFICATION PROCESS.— 
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100 
‘‘(A) IN GENERAL.—At least once every 4 
years the Secretary shall certify that each State 
has met the requirements of— 
‘‘(i) this section; and 
‘‘(ii) other Federal laws, regulations, 
and orders applicable to the statewide and 
nonmetropolitan 
and 
the 
metropolitan 
planning processes. 
‘‘(B) FAILURE TO MEET CERTIFICATION.— 
If a State does not meet such certification, the 
Secretary may withhold up to 20 percent of the 
funds attributable to such State for projects 
funded under this title and chapter 53 of title 
49. 
‘‘(C) RESTORATION OF FUNDS.—The with-
held funds shall be restored to the State at such 
time as the State process is certified by the 
Secretary. 
‘‘(D) PUBLIC INVOLVEMENT.—In making 
the certification determinations under this para-
graph, the Secretary shall provide for public in-
volvement appropriate to the State under re-
view.’’. 
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101 
SEC. 1205. REMOVAL OF THE CONGESTION MANAGEMENT 
PROCESS. 
(a) SECTION 134 AMENDMENT.—Section 134 of title 
23, United States Code, is amended— 
(1) by striking subsection (k)(3) and redesig-
nating subsections (k)(4) and (k)(5) as subsections 
(k)(3) and (k)(4), respectively; and 
(2) by striking subsection (n) and redesignating 
subsections (o) through (q) as subsections (n) 
through (p), respectively. 
(b) SECTION 135 AMENDMENT.—Section 135 of title 
23, United States Code, is amended by striking subsection 
(j) and redesignating subsections (k) through (m) as sub-
sections (j) through (l), respectively. 
(c) SECTION 5303 AMENDMENT.—Section 5303 of 
title 49, United States Code, is amended— 
(1) by striking subsection (k)(3) and redesig-
nating subsections (k)(4) and (k)(5) as subsections 
(k)(3) and (k)(4), respectively; and 
(2) by striking subsection (n) and redesignating 
subsections (o) through (q) as subsections (n) 
through (p), respectively. 
(d) SECTION 5304 AMENDMENT.—Section 5304 of 
title 49, United States Code, is amended by striking sub-
section (i) and redesignating subsections (j) through (l) 
as subsections (i) through (k), respectively. 
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102 
SEC. 1206. PUBLIC INVOLVEMENT IN PLAN DEVELOPMENT. 
(a) SECTION 134 AMENDMENT.—Section 134(i) of 
title 23, United States Code, is amended— 
(1) in paragraph (4), by inserting after sub-
paragraph (C) the following: 
‘‘(D) PUBLIC
INVOLVEMENT.—Metropoli-
tan planning organizations shall offer interested 
parties, such as those described in paragraph 
(6), a reasonable opportunity to participate in 
the development and consideration of sce-
narios.’’; and 
(2) in paragraph (6), by striking ‘‘comment on 
the transportation plan’’ and inserting ‘‘provide 
input during the development and implementation of 
the transportation plan’’. 
(b) 
SECTION
135 
AMENDMENT.—Section 
135(f)(3)(A)(ii) of title 23, United States Code, is amend-
ed by striking ‘‘comment on the transportation plan’’ and 
inserting ‘‘provide input during the development of the 
transportation plan’’. 
(c) SECTION 5303 AMENDMENT.—Section 5303(i) of 
title 49, United States Code, is amended— 
(1) in paragraph (4), by inserting after sub-
paragraph (C) the following: 
‘‘(D) PUBLIC
INVOLVEMENT.—Metropoli-
tan planning organizations shall offer interested 
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103 
parties, such as those described in paragraph 
(6), a reasonable opportunity to participate in 
the development and consideration of sce-
narios.’’; and 
(2) in paragraph (6), by striking ‘‘comment on 
the transportation plan’’ and inserting ‘‘provide 
input during the development and implementation of 
the transportation plan’’. 
(d) 
SECTION
5304 
AMENDMENT.—Section 
5304(f)(3)(A)(ii) of title 49, United States Code, is 
amended by striking ‘‘comment on the proposed plan’’ and 
inserting ‘‘provide input during the development of the 
transportation plan’’. 
SEC. 1207. CONNECTION TO OPPORTUNITIES NATIONAL 
GOAL AND POTENTIAL PERFORMANCE MEAS-
URE. 
(a) TRANSPORTATION CONNECTIONS TO OPPORTUNI-
TIES.—Section 150(b) of title 23, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘highway in-
frastructure asset system’’ and inserting ‘‘infrastruc-
ture asset system under title 23’’; and 
(2) by adding at the end the following: 
‘‘(8) MULTIMODAL CONNECTIVITY.—To achieve 
an interconnected transportation system which con-
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104 
nects people to jobs, schools, and other essential 
services through a multimodal network.’’. 
(b) ESTABLISHMENT
OF
PERFORMANCE
MEAS-
URES.—Section 150(c) of title 23, United States Code, is 
amended— 
(1) in paragraph (1), by inserting ‘‘as listed in 
paragraphs (3), (4), (5) and (6)’’ before the period 
at the end; and 
(2) by adding the following at the end: 
‘‘(7) MULTIMODAL
FREIGHT.—The Secretary 
may, in accordance with the National Freight Stra-
tegic Plan, establish Performance Measures to as-
sess the efficiency of the multimodal freight network. 
‘‘(8) TRANSPORTATION
CONNECTIVITY.—The 
Secretary may, in accordance with the framework es-
tablished in section 134 of this title (Measuring 
Transportation Connections to Opportunity), estab-
lish a Performance Measure to be used by MPOs to 
assess the degree to which the transportation system 
provides multimodal connections to economic oppor-
tunities, 
particularly 
for 
disadvantaged 
popu-
lations.’’. 
SEC. 1208. WORKFORCE DEVELOPMENT. 
Section 140(b) of title 23, United States Code, is 
amended to read as follows: 
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105 
‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 
‘‘(1) IN GENERAL.—The Secretary, in coopera-
tion with the Secretary of Labor and any other de-
partment or agency of the Government, State agen-
cy, authority, association, institution, Indian tribal 
government, corporation (profit or nonprofit), or any 
other organization or person, is authorized to de-
velop, conduct, and administer surface transpor-
tation and technology training, including skill im-
provement programs, and to develop and fund sum-
mer transportation institutes. 
‘‘(2) STATE DOT RESPONSIBILITIES.—A State 
department of transportation participating in the 
program shall— 
‘‘(A) develop a workforce plan that identi-
fies immediate and anticipated workforce gaps 
and underrepresentation of women and minori-
ties, and a detailed plan to fill gaps and address 
such underrepresentation; 
‘‘(B) establish a ‘workforce development 
compact’ with the State workforce development 
board and appropriate agencies to provide a co-
ordinated approach to workforce training, job 
placement, and identification of training and 
skill development program needs, which shall be 
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106 
coordinated to the extent practical with an in-
stitution or agency, such as a State workforce 
development board under 29 U.S.C. 3111, that 
has established skills training, recruitment, and 
placement resources; and 
‘‘(C) demonstrate program outcomes, in-
cluding— 
‘‘(i) impact on areas with transpor-
tation workforce shortages; 
‘‘(ii) diversity of training participants; 
‘‘(iii) number and percentage of par-
ticipants obtaining certifications or creden-
tials required for specific types of employ-
ment; 
‘‘(iv) employment outcome, including 
job placement and job retention rates and 
earnings, using performance metrics estab-
lished in consultation with the Secretary of 
Labor and consistent with metrics used by 
programs under the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3101 et 
seq.); and 
‘‘(v) to the extent practical, evidence 
that the program did not preclude workers 
that participate in training or registered 
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apprenticeship activities under the pro-
gram from being referred to, or hired on, 
projects funded under this chapter. 
‘‘(3) FUNDING.—Funds authorized for the pro-
gram under paragraph (1) of this subsection shall 
remain available until expended. 
‘‘(4) NONAPPLICABILITY
OF
TITLE
41.—The 
provisions of section 6101 (b) through (d) of title 41 
shall not be applicable to contracts and agreements 
made under the authority granted under this sub-
section to the Secretary. 
‘‘(5) USE OF SURFACE TRANSPORTATION AND 
NATIONAL
HIGHWAY
PERFORMANCE
PROGRAM 
FUNDS.—Notwithstanding any other provision of 
law, not to exceed 1⁄2 of 1 percent of funds appor-
tioned to a State under section 104(b) (1) or (2) 
may be available to carry out this subsection upon 
request of the State transportation department to 
the Secretary. 
‘‘(6) JOB-DRIVEN
SKILLS
TRAINING
INCEN-
TIVE.— 
‘‘(A) IN GENERAL.—In a fiscal year, the 
Secretary shall provide incentive funding to 
States for transportation workforce develop-
ment, including skills training, on-the-job train-
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ing, and work-based learning, including appren-
ticeship programs that are registered under the 
National Apprenticeship Act (29 U.S.C. 50 et 
seq.) leading to credential attainment, employ-
ment, and career pathways for disadvantaged 
populations. 
‘‘(B) ELIGIBILITY.— 
‘‘(i) LEVERAGING EXISTING FUNDS.— 
If a State agrees to obligate in a fiscal 
year funds apportioned to the State under 
section 104(b) (1) or (2) for the purposes 
authorized in paragraph (1), the Secretary 
may provide up to twice the amount the 
State has agreed to obligate for such pur-
poses. 
‘‘(ii) DEMONSTRATING
SUCCESS
IN 
SKILLS TRAINING, RECRUITMENT, AND JOB 
PLACEMENT.—The Secretary may provide 
incentive funding to up to 20 States that 
demonstrate that their program under 
paragraph (2)— 
‘‘(I) operates in partnership with 
an institution or agency, such as a 
State workforce development board 
under 29 U.S.C. 3111, that has estab-
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lished skills training, recruitment, and 
placement resources; 
‘‘(II) successfully places individ-
uals in permanent jobs, as measured 
by a job placement, retention, and 
earnings metrics established by the 
Secretary; and 
‘‘(III) 
establishes 
recruitment 
strategies that result in positive em-
ployment outcomes for minorities, 
women, and disadvantaged individ-
uals. 
‘‘(C) GRANTS.— 
‘‘(i) IN GENERAL.—A State may pro-
vide incentive funds received under this 
paragraph to an institution or agency, 
such as a State workforce development 
board under 29 U.S.C. 3111, that has es-
tablished skills training, recruitment, and 
placement resources for use consistent with 
subparagraph (A). 
‘‘(ii) COMPLIANCE.—A State that pro-
vides funds to an entity under clause (i) 
shall establish measures to verify that re-
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cipients of such funds comply with the re-
quirements of this subsection. 
‘‘(D) 
FEDERAL
SHARE.—The 
Federal 
share for incentive funding under this para-
graph may be up to 100 percent.’’. 
SEC. 1209. MEASURING TRANSPORTATION CONNECTIVITY 
PILOT ACTIVITIES. 
(a) TITLE 23.—Section 134 of title 23, United States 
Code, as amended by this Act, is further amended by in-
serting after subsection (p), as redesignated, the following: 
‘‘(q) MEASURING TRANSPORTATION CONNECTIONS 
TO OPPORTUNITY.— 
‘‘(1) CONNECTION
TO
OPPORTUNITY
PILOT 
PROGRAM.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a pilot program in which up to 
ten metropolitan planning organizations shall 
develop and deploy one or more pilot measures 
and targets to improve multimodal connectivity 
and increase connections for disadvantaged 
Americans and neighborhoods with limited 
transportation options. 
‘‘(B) PILOT
LOCATIONS.—The Secretary 
shall select up to ten metropolitan planning or-
ganizations in up to ten locations, each of which 
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is the sole metropolitan planning organization 
serving an urbanized area of more than 1 mil-
lion residents, which shall include— 
‘‘(i) metropolitan planning organiza-
tions that can demonstrate previous suc-
cessful use of performance measurements 
and performance-based planning efforts, 
which the Secretary shall designate as 
mentor grantees; and 
‘‘(ii) metropolitan planning organiza-
tions that have limited or no successful 
previous experience in performance meas-
urements and performance-based planning 
efforts, which the Secretary shall designate 
as novice grantees. 
‘‘(C) PILOT PROGRAM ACTIVITIES.— 
‘‘(i) TRANSPORTATION CONNECTIVITY 
INVENTORY.—Within 6 months of selection 
as a pilot location, and in consultation with 
appropriate States, transit agencies, and 
local governments, metropolitan planning 
organizations in pilot locations shall de-
velop an inventory of transportation assets 
within the urbanized planning area they 
represent, which will describe— 
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‘‘(I) the condition of key high-
way, transit, bicycle, and pedestrian 
facilities; 
‘‘(II) the degree to which these 
facilities provide residents with con-
nections to economic opportunities, in-
cluding but not restricted to job cen-
ters and schools; 
‘‘(III) the identity and location of 
disadvantaged populations within the 
planning area; and 
‘‘(IV) 
local 
challenges 
to 
multimodal connectivity, such as zon-
ing or land use issues, availability of 
affordable housing, and physical bar-
riers that obstruct access from resi-
dential areas to economic opportuni-
ties. 
‘‘(ii) PERFORMANCE
INDICATORS.— 
Within one year of selection, metropolitan 
planning organizations in pilot locations 
shall apply the baseline data developed in 
the Transportation Connectivity Inventory 
to adopt one or more provisional indicators 
to measure multimodal connectivity im-
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provements in the transportation system, 
including measurements of multimodal 
connectivity improvements available to pop-
ulations identified in clause (i)(III), and 
appropriate to local assets and needs. 
‘‘(iii) DATA
COLLECTION
AND
RE-
PORTING.—Metropolitan planning organi-
zations in pilot locations shall collect and 
report baseline and annual performance 
data 
on 
multimodal 
transportation 
connectivity to opportunity, and shall re-
port that data to the Secretary for the du-
ration of the pilot project. 
‘‘(iv) KNOWLEDGE-SHARING.—Metro-
politan planning organizations designated 
as mentor grantees shall engage in knowl-
edge-sharing activities with novice grantees 
to the extent feasible, which may include 
peer exchanges and technical assistance, as 
appropriate to their existing level of per-
formance measurement capacity. 
‘‘(v) PROJECT
IMPLEMENTATION.— 
Notwithstanding section 120 of this title, a 
metropolitan planning organization may 
use funds remaining after the completion 
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of the Transportation Connectivity Inven-
tory, provisional measure, and related 
tracking activities for the non-Federal 
share to implement projects within the 
metropolitan planning area that are rea-
sonably anticipated to address system gaps 
and improve performance according to the 
locally 
adopted 
provisional 
multimodal 
transportation connectivity measures. 
‘‘(2) NATIONAL PERFORMANCE MEASURE DE-
VELOPMENT
ACTIVITIES.—The Secretary shall re-
serve up to a cumulative maximum of $9,000,000 of 
the amount authorized for this subsection over the 
period of fiscal years 2016 through 2021 for use on 
evaluation of multimodal connectivity measures de-
veloped by metropolitan planning organizations in 
pilot locations, and to consider development of a na-
tional indicator to measure the multimodal connec-
tions to opportunities provided by the transportation 
network, including the following activities: 
‘‘(A) NATIONAL
TECHNICAL
ASSISTANCE 
AND PEER EXCHANGE FORUMS.—The Secretary 
shall support the measure development and 
data collection of metropolitan planning organi-
zations in pilot locations through technical as-
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sistance and peer exchanges, and through work-
shops with States, transit agencies, and MPOs 
to discuss Pilot Program findings, and shall es-
tablish an online collaboration center for local 
jurisdictions to share ideas and challenges, and 
document lessons learned. 
‘‘(B) 
CONNECTION
TO
OPPORTUNITY 
FINAL REPORT.—At the end of the Connection 
to Opportunity Pilot Program, the Department 
shall produce in consultation with the Secretary 
of the Department of Housing and Urban De-
velopment, the Secretary of the Department of 
Commerce and the Administrator of the Envi-
ronmental Protection Agency, and seek public 
comment on a final report that documents the 
outcomes of the Connection to Opportunity 
Pilot Program. The report shall provide rec-
ommendations on the establishment of one or 
more national multimodal connectivity meas-
ures, and shall include— 
‘‘(i) results of the pilot locations’ ef-
forts to measure and improve multimodal 
connectivity; 
‘‘(ii) the Secretary’s recommendations 
for one or more national connectivity meas-
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ures and integrating them into the Federal 
transportation performance management 
framework, in accordance with section 150 
of this title; and 
‘‘(iii) an assessment of social out-
comes and impact that may result from the 
pilot measures as well as estimated savings 
to Federal, State and local social service 
subsidy programs, as well as other costs 
avoided and new tax revenues attributable 
to increased connectivity. 
‘‘(C) 
POTENTIAL
RULEMAKING.—Fol-
lowing publication of the Connection to Oppor-
tunity Final Report, the Secretary, in consulta-
tion with State Departments of Transportation, 
metropolitan planning organizations, and other 
stakeholders, may promulgate a rulemaking 
that establishes performance measures and 
standards as described in section 150(c)(8).’’. 
(b) CHAPTER 53.—Section 5303 of title 49, United 
States Code, as amended by this Act, is further amended 
by inserting after subsection (p), as redesignated, the fol-
lowing: 
‘‘(q) MEASURING TRANSPORTATION CONNECTIONS 
TO OPPORTUNITY.— 
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‘‘(1) CONNECTION
TO
OPPORTUNITY
PILOT 
PROGRAM.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a pilot program in which up to 
ten metropolitan planning organizations shall 
develop and deploy one or more pilot measures 
and targets to improve multimodal connectivity 
and increase connections for disadvantaged 
Americans and neighborhoods with limited 
transportation options. 
‘‘(B) PILOT
LOCATIONS.—The Secretary 
shall select up to ten metropolitan planning or-
ganizations, each of which is the sole metropoli-
tan planning organization serving an urbanized 
area of more than 1 million residents, which 
shall include— 
‘‘(i) metropolitan planning organiza-
tions that can demonstrate previous suc-
cessful use of performance measurements 
and performance-based planning efforts, 
which the Secretary shall designate as 
mentor grantees; and 
‘‘(ii) metropolitan planning organiza-
tions that have limited or no successful 
previous experience in performance meas-
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urements and performance-based planning 
efforts, which the Secretary shall designate 
as novice grantees. 
‘‘(C) PILOT PROGRAM ACTIVITIES.— 
‘‘(i) TRANSPORTATION CONNECTIVITY 
INVENTORY.—Within 6 months of selection 
as a pilot location, and in consultation with 
appropriate States, transit agencies, and 
local governments, metropolitan planning 
organizations in pilot locations shall de-
velop an inventory of transportation assets 
within the urbanized planning area they 
represent, which will describe— 
‘‘(I) the condition of key high-
way, transit, bicycle, and pedestrian 
facilities; 
‘‘(II) the degree to which these 
facilities provide residents with con-
nections to economic opportunities, in-
cluding but not restricted to job cen-
ters and schools; 
‘‘(III) the identity and location of 
disadvantaged populations within the 
planning area; and 
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‘‘(IV) 
local 
challenges 
to 
multimodal connectivity, such as zon-
ing or land use issues, availability of 
affordable housing, and physical bar-
riers that obstruct access from resi-
dential areas to economic opportuni-
ties. 
‘‘(ii) PERFORMANCE
INDICATORS.— 
Within one year of selection, metropolitan 
planning organizations in pilot locations 
shall apply the baseline data developed in 
the Transportation Connectivity Inventory 
to adopt one or more provisional indicators 
to measure multimodal connectivity im-
provements in the transportation system, 
including measurements of multimodal 
connectivity improvements available to pop-
ulations identified in clause (i)(III), and 
appropriate to local assets and needs. 
‘‘(iii) DATA
COLLECTION
AND
RE-
PORTING.—Metropolitan planning organi-
zations in pilot locations shall collect and 
report baseline and annual performance 
data 
on 
multimodal 
transportation 
connectivity to opportunity, and shall re-
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120 
port that data to the Secretary for the du-
ration of the pilot project. 
‘‘(iv) KNOWLEDGE-SHARING.—Metro-
politan planning organizations designated 
as mentor grantees shall engage in knowl-
edge-sharing activities with novice grantees 
to the extent feasible, which may include 
peer exchanges and technical assistance, as 
appropriate to their existing level of per-
formance measurement capacity. 
‘‘(v) PROJECT
IMPLEMENTATION.— 
Notwithstanding section 120 of this title, a 
metropolitan planning organization may 
use funds remaining after the completion 
of the Transportation Connectivity Inven-
tory, provisional measure, and related 
tracking activities for the non-Federal 
share to implement projects within the 
metropolitan planning area that are rea-
sonably anticipated to address system gaps 
and improve performance according to the 
locally 
adopted 
provisional 
multimodal 
transportation connectivity measures. 
‘‘(2) NATIONAL PERFORMANCE MEASURE DE-
VELOPMENT
ACTIVITIES.—The Secretary shall re-
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serve up to a cumulative $9,000,000 of the amount 
authorized for this subsection over the period of fis-
cal years 2016 through 2021 for use on evaluation 
of multimodal connectivity measures developed by 
metropolitan planning organizations in pilot loca-
tions, and to consider development of a national in-
dicator to measure the multimodal connections to 
opportunities provided by the transportation net-
work, including the following activities: 
‘‘(A) NATIONAL
TECHNICAL
ASSISTANCE 
AND PEER EXCHANGE FORUMS.—The Secretary 
shall support the measure development and 
data collection of metropolitan planning organi-
zations in pilot locations through technical as-
sistance and peer exchanges, and through work-
shops with States, transit agencies, and MPOs 
to discuss Pilot Program findings, and shall es-
tablish an online collaboration center for local 
jurisdictions to share ideas and challenges, and 
document lessons learned. 
‘‘(B) 
CONNECTION
TO
OPPORTUNITY 
FINAL REPORT.—At the end of the Connection 
to Opportunity Pilot Program, the Department 
shall produce and seek public comment on a 
final report that documents the outcomes of the 
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Connection to Opportunity Pilot Program. The 
report shall provide recommendations on the es-
tablishment of one or more national multimodal 
connectivity measures, and shall include— 
‘‘(i) results of the pilot locations’ ef-
forts to measure and improve multimodal 
connectivity; 
‘‘(ii) the Secretary’s recommendations 
for one or more national connectivity meas-
ures and integrating them into the Federal 
transportation performance management 
framework in accordance with section 150 
of this title; and 
‘‘(iii) an assessment of social out-
comes and impact that may result from the 
pilot measures as well as estimated savings 
to Federal, State and local social service 
subsidy programs, as well as other costs 
avoided and new tax revenues attributable 
to increased connectivity. 
‘‘(C) POTENTIAL
RULEMAKING.—Within 
two years of the publication of the Connection 
to Opportunity Final Report, the Secretary, in 
consultation with State Departments of Trans-
portation, metropolitan planning organizations, 
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and other stakeholders, may promulgate a rule-
making that establishes performance measures 
and standards.’’. 
SEC. 1210. PERFORMANCE-BASED PROJECT SELECTION. 
(a) 
SECTION
134 
AMENDMENT.—Section 
134(j)(2)(D) of title 23, United States Code, is amended 
to read as follows: 
‘‘(D) PERFORMANCE
TARGET
ACHIEVE-
MENT.—In adding projects to a transportation 
improvement program, a metropolitan planning 
organization shall create a process to evaluate 
and select each project or collection of projects 
based on the project’s (or collection of projects’) 
inclusion of elements that are known to sup-
port, or will foreseeably support outcomes that 
will achieve the performance targets established 
in the metropolitan transportation plan by the 
metropolitan planning organization in accord-
ance with subsection (h)(2)(B).’’. 
(b) SECTION 135 AMENDMENT.—Section 135(g)(4) 
of title 23, United States Code, is amended to read as 
follows: 
‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.— 
In adding projects to a State transportation im-
provement program, a State shall create a process to 
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evaluate and select each project or collection of 
projects based on the project’s (or collection of 
projects’) inclusion of elements that are known to 
support, or will foreseeably support, outcomes that 
will achieve the performance targets established in 
the long-range statewide transportation plan in ac-
cordance with subsection (f)(7)(A).’’. 
(c) 
SECTION
5303 
AMENDMENT.—Section 
5303(j)(2)(D) of title 49, United States Code, is amended 
to read as follows: 
‘‘(D) PERFORMANCE
TARGET
ACHIEVE-
MENT.—In adding projects to a transportation 
improvement program, a metropolitan planning 
organization shall create a process to evaluate 
and select each project or collection of projects 
based on the project’s (or collection of projects’) 
inclusion of elements that are known to sup-
port, or will foreseeably support outcomes that 
will achieve the performance targets established 
in the metropolitan transportation plan by the 
metropolitan planning organization in accord-
ance with section 134(h)(2)(B) of title 23.’’. 
(d) 
SECTION
5304 
AMENDMENT.—Section 
5304(g)(4) of title 49, United States Code, is amended 
to read as follows: 
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‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.— 
In adding projects to a State transportation im-
provement program, a State shall create a process to 
evaluate and select each project or collection of 
projects based on the project’s (or collection of 
projects’) inclusion of elements that are known to 
support, or will foreseeably support, outcomes that 
will achieve the performance targets established in 
the long-range statewide transportation plan in ac-
cordance with section 135(f)(7)(A) of title 23.’’. 
SEC. 1211. STORMWATER PLANNING. 
(a) SECTION 134 AMENDMENT.—Section 134(h)(1) 
of title 23, United States Code, is amended— 
(1) in subparagraph (G), by striking ‘‘; and’’ 
and inserting ‘‘;’’; 
(2) in subparagraph (H), by striking the final 
period and inserting ‘‘; and’’; and 
(3) by inserting the following at the end: 
‘‘(I) improve the resilience and reliability 
of the transportation system and reduce or 
mitigate stormwater impacts of surface trans-
portation.’’. 
(b) SECTION 135 AMENDMENT.—Section 135(d)(1) 
of title 23, United States Code, is amended— 
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(1) in subparagraph (G), by striking ‘‘; and’’ 
and inserting ‘‘;’’; 
(2) in subparagraph (H), by striking the final 
period and inserting ‘‘; and’’; and 
(3) by inserting the following at the end: 
‘‘(I) improve the resilience and reliability 
of the transportation system and reduce or 
mitigate stormwater impacts of surface trans-
portation.’’. 
(c) 
SECTION
5303 
AMENDMENT.—Section 
5303(h)(1) of title 49, United States Code, is amended— 
(1) in subparagraph (G), by striking ‘‘; and’’ 
and inserting ‘‘;’’; 
(2) in subparagraph (H), by striking the final 
period and inserting ‘‘; and’’; and 
(3) by inserting the following at the end: 
‘‘(I) improve the resilience and reliability 
of the transportation system and reduce or 
mitigate stormwater impacts of surface trans-
portation.’’. 
(d) 
SECTION
5304 
AMENDMENT.—Section 
5304(d)(1) of title 49, United States Code, is amended— 
(1) in subparagraph (G), by striking ‘‘; and’’ 
and inserting ‘‘;’’; 
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(2) in subparagraph (H), by striking the final 
period and inserting ‘‘; and’’; and 
(3) by inserting the following at the end: 
‘‘(I) improve the resilience and reliability 
of the transportation system and reduce or 
mitigate stormwater impacts of surface trans-
portation.’’. 
Subtitle D—Congestion Mitigation 
and Air Quality Improvement 
SEC. 1301. ELIGIBLE PROJECTS. 
Section 149(b) of title 23, United States Code, is 
amended— 
(1) in paragraph (1)(A)(i)(I), by inserting ‘‘in 
the designated nonattainment area’’ after ‘‘stand-
ard’’; 
(2) in paragraph (3), by inserting ‘‘or mainte-
nance’’ after ‘‘attainment,’’; 
(3) in paragraph (4), by striking ‘‘is likely to 
contribute to the attainment of a national ambient 
air quality standard’’ and inserting ‘‘is likely to con-
tribute to the area’s attainment or maintenance of 
a national ambient air quality standard’’; and 
(4) in paragraph (5), by inserting ‘‘reduces air 
pollution and’’ after ‘‘if the program or project’’. 
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SEC. 1302. SPECIAL RULES. 
(a) TRANSFERABILITY OF CMAQ FUNDS.—Section 
126(a) of title 23, United States Code, is amended by in-
serting ‘‘(or, for an apportionment under section 
104(b)(4), 25 percent of the amount apportioned for the 
fiscal year)’’ after ‘‘for the fiscal year’’. 
(b) PM–10 NONATTAINMENT
AND MAINTENANCE 
AREAS.—Section 149(c)(1) of title 23, United States 
Code, is amended by striking ‘‘for ozone or carbon mon-
oxide, or both, and for PM–10 resulting from transpor-
tation activities, without regard to any limitation of the 
Department of Transportation relating to the type of am-
bient air quality standard such project or program ad-
dresses’’ and inserting ‘‘or maintenance for PM–10 result-
ing from transportation activities’’. 
SEC. 1303. PRIORITY CONSIDERATION. 
Section 149(g)(3) of title 23, United States Code, is 
amended to read as follows: 
‘‘(3) PRIORITY
CONSIDERATION.—States and 
metropolitan planning organizations shall give pri-
ority— 
‘‘(A) in areas designated as nonattainment 
or maintenance for PM–2.5 under the Clean 
Air Act (42 U.S.C. 7401 et seq.) in distributing 
funds received for congestion mitigation and air 
quality projects and programs from apportion-
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129 
ments under section 104(b)(4) to projects and 
programs that are likely to reduce emissions or 
precursor emissions of PM–2.5, including diesel 
retrofits; and 
‘‘(B) in areas designated as nonattainment 
or maintenance for ozone under the Clean Air 
Act (42 U.S.C. 7401 et seq.) in distributing 
funds received for congestion mitigation and air 
quality projects and programs from apportion-
ments under section 104(b)(4) to projects and 
programs that are likely to reduce precursor 
emissions of ozone.’’. 
SEC. 1304. EVALUATION AND ASSESSMENT OF PROJECTS. 
Section 149(i)(1)(A) of title 23, United States Code, 
is amended by inserting ‘‘that would contribute to attain-
ment or maintenance of a national ambient air quality 
standard’’ before the period at the end. 
SEC. 1305. ELECTRIC VEHICLE CHARGING STATIONS AND 
COMMERCIAL MOTOR VEHICLE ANTI-IDLING 
FACILITIES IN REST AREAS. 
(a) IN GENERAL.—Section 111 of title 23, United 
States Code, is amended by inserting at the end the fol-
lowing: 
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‘‘(f) ELECTRIC VEHICLE CHARGING STATIONS AND 
COMMERCIAL MOTOR VEHICLE ANTI-IDLING FACILITIES 
IN REST AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), a State may— 
‘‘(A) permit electric vehicle charging sta-
tions and commercial motor vehicle anti-idling 
facilities in a rest area along a highway on the 
Interstate System in the State, if such stations 
or facilities will not impair the highway or 
interfere with the free and safe flow of traffic 
thereon; and 
‘‘(B) charge a fee, or permit the charging 
of a fee, for the use of such stations or facili-
ties. 
‘‘(2) LIMITATION ON USE OF REVENUES.—Not-
withstanding subsection (b)(4), a State shall use any 
revenues received from fees collected under para-
graph (1) for projects eligible under this title.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—Section 149(c)(2) of title 
23, United States Code, is amended by striking ‘‘ex-
cept that such stations may not be established or 
supported where commercial establishments serving 
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131 
motor vehicle users are prohibited by section 111 of 
title 23, United States Code’’. 
(2) JASON’S
LAW.—Section 1401(d) of the 
Moving Ahead for Progress in the 21st Century Act 
(23 U.S.C. 137 note), is amended— 
(A) in paragraph (1) by striking ‘‘Except 
as provided in paragraph (2), a’’ and inserting 
‘‘A’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2). 
Subtitle E—Innovative Finance 
and Tolling 
SEC. 
1401. 
21ST 
CENTURY 
INFRASTRUCTURE 
INVEST-
MENTS. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting the following after chapter 55: 
‘‘CHAPTER 56—21ST CENTURY 
INFRASTRUCTURE INVESTMENTS 
‘‘Sec. 
‘‘5601. ‘TIGER’ infrastructure investment grants. 
‘‘5602. Fixing and Accelerating Surface Transportation grants. 
‘‘§ 5601. ‘TIGER’ infrastructure investment grants 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a discretionary grant program, to be known 
as the ‘TIGER Infrastructure Grant Program’ and to be 
administered by the Secretary. 
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‘‘(b) PURPOSE.—Funds authorized under this section 
shall be available for discretionary grants to be provided 
on a competitive basis for projects that will have a signifi-
cant impact on the Nation, a metropolitan area, or a re-
gion. 
‘‘(c) ELIGIBLE APPLICANTS.—Applicants eligible for 
funding under this section include State, local, and Tribal 
governments, including U.S. territories, transit agencies, 
port authorities, metropolitan planning organizations, 
other political subdivisions of State or local governments, 
and multi-State or multi-jurisdictional groups applying 
through a single lead applicant. 
‘‘(d) ELIGIBLE
PROJECTS.—Projects eligible for 
funding under this section include the following: 
‘‘(1) Highway or bridge projects eligible under 
title 23, United States Code (including bicycle and 
pedestrian related projects). 
‘‘(2) Public transportation projects eligible 
under chapter 53 of title 49, United States Code. 
‘‘(3) Passenger and freight rail transportation 
projects. 
‘‘(4) Port infrastructure investments. 
‘‘(5) Intermodal projects. 
‘‘(6) Activities related to— 
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‘‘(A) the planning, preparation, or design 
of a single surface transportation project; or 
‘‘(B) regional transportation investment 
planning, including transportation planning 
that is coordinated with interdisciplinary factors 
including housing development, economic com-
petitiveness, network connectivity, stormwater 
and other infrastructure investments, or that 
addresses future risks and vulnerabilities, in-
cluding extreme weather and climate change. 
‘‘(e) GEOGRAPHIC DISTRIBUTION.— 
‘‘(1) EQUITABLE DISTRIBUTION.—In awarding 
funds under this section, the Secretary shall take 
measures to ensure an equitable geographic distribu-
tion of funds and an appropriate balance in address-
ing the needs of urban and rural communities and 
the investment in a variety of transportation modes. 
‘‘(2) RURAL PROJECTS.—Not less than 20 per-
cent of the funds provided under this section shall 
be for projects located in rural areas. For the pur-
poses of the TIGER program, rural areas are those 
outside of an urbanized area as defined by the U.S. 
Census Bureau. 
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134 
‘‘(3) LIMITATION BY STATE.—Not more than 
25 percent of the funds provided under this section 
may be awarded to projects in a single State. 
‘‘(f) GRANT PROGRAM CRITERIA, SOLICITATION AND 
AWARD.—In administering the grant program under this 
section, the Secretary shall, within 90 days of the enact-
ment of this section, publish grant program criteria on 
which to base the competition for any grants awarded 
under this section. 
‘‘(g) PLANNING GRANTS.—The Secretary may use up 
to 10 percent of the funds authorized under this section 
to fund the activities specified in subsection (d)(6). 
‘‘(h) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
costs for which an expenditure is made under this 
section shall be up to 80 percent. 
‘‘(2) RURAL AREAS.—The Secretary may pro-
vide a Federal share of up to 100 percent for a 
project in a rural area. 
‘‘(3) PRIORITY.—In establishing grant program 
criteria pursuant to subsection (g), the Secretary 
shall include priority for projects that request a 
smaller Federal share. 
‘‘(i) DAVIS-BACON REQUIREMENT.—Projects con-
ducted using funds provided under this section shall com-
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ply with the requirements of the Davis-Bacon Act, sub-
chapter IV of chapter 31 of title 40, United States Code. 
‘‘(j) ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary may use up 
to 1.5 percent of the funds authorized under this 
section to administer— 
‘‘(A) the grant program authorized under 
this section; 
‘‘(B) 
the 
Supplemental 
Discretionary 
Grants for a National Surface Transportation 
System provided for in Public Law 111–5; and 
‘‘(C) the National Infrastructure Invest-
ments provided for in Public Laws 111–117, 
112–10, 113–6, and 113–235. 
‘‘(2) AVAILABILITY.—The funds made available 
under paragraph (1) shall remain available until ex-
pended. 
‘‘(k) 
TIFIA 
SUBSIDY
AND
ADMINISTRATIVE 
COSTS.—The Secretary may use up to 10 percent of the 
funds authorized under this section to pay the subsidy and 
administrative costs of projects eligible for Federal credit 
assistance under chapter 6 of title 23, United States Code, 
if the Secretary finds that the use of the funds would ad-
vance the purposes of this section. 
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‘‘(l) TRANSFER
AUTHORITY.—Funds authorized 
under this section may be transferred within the Depart-
ment and administered in accordance with the require-
ments of title 23 or 49 of the United States Code applica-
ble to the agency to which the funds are transferred and 
any other requirements applicable to the project. 
‘‘(m) INTERAGENCY COORDINATION AND COOPERA-
TION.— 
‘‘(1) IN GENERAL.—The Secretary shall coordi-
nate and cooperate with other Federal agencies in 
carrying out the grant program authorized under 
this section if the Secretary finds that such coordi-
nation and cooperation would advance the purposes 
of this section. 
‘‘(2) INTERAGENCY
AUTHORITY.—The Sec-
retary may accept and provide services from other 
Federal agencies with or without reimbursement in 
order to further the purposes of this section. 
‘‘(3) INTERAGENCY DELEGATION OF AUTHOR-
ITY.—The Secretary may delegate the authority to 
issue or administer grants pursuant to this section 
to other Federal agencies in the interest of adminis-
trative or programmatic efficiency if the Secretary 
finds that such delegation would advance the pur-
poses of this section. 
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‘‘(n) AUTHORIZATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated from the Multimodal Account of the 
Transportation Trust Fund to carry out this sec-
tion— 
‘‘(A) $1,250,000,000 for fiscal year 2016; 
‘‘(B) $1,250,000,000 for fiscal year 2017; 
‘‘(C) $1,250,000,000 for fiscal year 2018; 
‘‘(D) $1,250,000,000 for fiscal year 2019; 
‘‘(E) $1,250,000,000 for fiscal year 2020; 
and 
‘‘(F) $1,250,000,000 for fiscal year 2021. 
‘‘(2) AVAILABILITY.—Funds authorized under 
this subsection— 
‘‘(A) shall be available for obligation on 
October 1 of the fiscal year for which they are 
authorized; and 
‘‘(B) except as specified in subsection (j), 
shall remain available for obligation for a period 
of 2 years after the year for which they are au-
thorized. 
‘‘§ 5602. Fixing and accelerating surface transpor-
tation grants 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a discretionary grant program, to be known 
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as the ‘FAST Grant Program’ and to be administered by 
the Secretary. The program shall be a competitive pro-
gram and designed to reform the way transportation in-
vestments and decisions are made, implemented, and 
funded to achieve National transportation outcomes, by 
promoting the implementation of policies and procedures 
that generate long-term, institutionalized changes, and 
support performance-based management of the transpor-
tation system to improve transportation outcomes. 
‘‘(b) BEST PRACTICES.—Evaluations of applications 
for funding under this section shall be based in part on 
the extent to which the applicant has adopted or imple-
mented best practices, including— 
‘‘(1) commitment to sustainable and innovative 
non-Federal sources of transportation funding, in-
cluding value capture and authority for local govern-
ments to raise funding for transportation, that pro-
vide flexibility to make investments across all modes 
of transportation and convey the full social cost of 
travel decisions to users; 
‘‘(2) development and incorporation of analyt-
ical tools in the investment decisionmaking process, 
including benefit cost analysis; other economic anal-
yses; watershed-driven web-based geographic infor-
mation systems; and use of innovations in design, 
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procurement and purchasing to improve project de-
livery and efficiency and reduce costs; 
‘‘(3) use of operating practices and deployment 
of technologies that increase the efficient use of 
transportation system capacity and reduce the need 
to invest in new highway capacity; 
‘‘(4) adoption of laws, rules and regulations, 
and commitment of resources toward practices that 
have been demonstrated to reduce transportation-re-
lated fatalities and injuries; 
‘‘(5) integration of transportation planning and 
investment decisions with other land-use and eco-
nomic development decisions, including water infra-
structure and broadband deployment, to improve 
connectivity and accessibility and to focus transpor-
tation investments near existing infrastructure; 
‘‘(6) adoption of laws, regulations, and prac-
tices that have been demonstrated to reduce energy 
use, improve air and water quality, reduce or miti-
gate stormwater impacts, promote long-term man-
agement of stormwater from surface transportation 
assets, reduce greenhouse gas emissions, improve 
community adaptability and resilience, enhance com-
munity health and quality of life, and expand trans-
portation choices; and 
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‘‘(7) improvements to regional governance that 
increase metropolitan planning organization capacity 
and strengthens local and stakeholder input, particu-
larly traditionally underrepresented populations, into 
project selection. 
‘‘(c) ELIGIBLE APPLICANTS.—States, the District of 
Columbia, Puerto Rico, U.S. territories (as defined in sec-
tion 165(c) of title 23, United States Code), Tribal gov-
ernments, and metropolitan planning organizations are eli-
gible applicants for funding under this section, provided 
that— 
‘‘(1) States, the District of Columbia, Puerto 
Rico, U.S. territories, and Tribal applicants dem-
onstrate meaningful participation of metropolitan 
planning organizations, local governments, or transit 
agencies within the applicant’s jurisdiction in the de-
velopment of the application; 
‘‘(2) metropolitan planning organizations in-
clude, as partners in their applications, the State (or 
the District of Columbia, as appropriate), local gov-
ernments, or transit agencies required to carry out 
the best practices relied on in their application; and 
‘‘(3) the applicant has experience in successfully 
and independently administering Federal-aid high-
way or transit programs or projects. 
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‘‘(d) LIST OF PROJECTS.—Applicants shall submit a 
program of transportation projects that are related to the 
best practices identified in subsection (b) to demonstrate 
how funds, if awarded under this section, will be spent. 
The list of projects shall— 
‘‘(1) with regard to State applications, be devel-
oped with, and include priorities of, metropolitan 
planning organizations within the applicant’s juris-
diction as identified in the metropolitan planning or-
ganization’s Transportation Improvement Programs; 
‘‘(2) demonstrate strong return on investment 
and competitive value for taxpayer money by means 
of a benefit-cost analysis and consideration of alter-
natives; and 
‘‘(3) further the best practices and reform ini-
tiatives identified under subsection (b) and relied 
upon in the application. 
‘‘(e) AWARD OF FUNDS.—The Federal Highway Ad-
ministrator and Federal Transit Administrator shall— 
‘‘(1) competitively award funds under this sec-
tion in one fiscal year or over multiple fiscal years; 
‘‘(2) withhold a reasonable amount of funds 
under this section for administration of the program, 
but not to exceed $25,000,000 per year; 
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‘‘(3) devise a methodology for the size of 
awards under this program based on an applicant’s 
share of the Federal transportation allocated or for-
mula funding, subject to the provision in paragraph 
(4); 
‘‘(4) make awards of no less than $50,000,000, 
except that this paragraph shall not apply to awards 
made to a Tribal government or a U.S. territory; 
and 
‘‘(5) in awarding funds under this section 
(other than under subsection (j)), ensure an appro-
priate balance in addressing the needs of urban and 
rural communities. 
‘‘(f) ELIGIBLE ACTIVITIES.—Funds provided under 
this program shall be used for capital or planning expenses 
for— 
‘‘(1) highway or bridge projects eligible for 
funding under title 23, United States Code (includ-
ing bicycle and pedestrian-related projects); 
‘‘(2) public transportation projects eligible for 
funding under chapter 53 of title 49, United States 
Code; 
‘‘(3) passenger and freight rail transportation 
projects; 
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‘‘(4) maritime port infrastructure investments 
eligible for funding under chapter 503 of title 46; 
‘‘(5) domestic short sea shipping projects eligi-
ble for funding under chapter 556 of title 46; and 
‘‘(6) intermodal projects combining any of the 
above. 
‘‘(g) CRITERIA FOR GRANT SELECTION.—In award-
ing a grant under this subsection, the Secretary shall con-
sider the extent to which the application— 
‘‘(1) demonstrates the greatest performance as 
well as applicants that have made the greatest 
progress in implementing the best practices listed in 
subsection (b); 
‘‘(2) promotes National transportation prior-
ities, including— 
‘‘(A) reducing transportation fatalities and 
serious injuries; 
‘‘(B) strengthening economic competitive-
ness, including multimodal goods movement and 
coordination of transportation and economic de-
velopment investments; 
‘‘(C) improving the state of repair of the 
transportation system and enhancing commu-
nity adaptability and resilience; 
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‘‘(D) enhancing community health and im-
proving quality of life by increasing access to 
active transportation infrastructure, jobs and 
essential services, particularly for underserved 
populations; 
‘‘(E) improving asset performance by re-
ducing congestion through demand management 
strategies, particularly strategies that curb de-
mand for single occupancy vehicle travel; 
‘‘(F) improving the efficiency of project de-
velopment and system performance and reduc-
ing the cost of projects and maintenance of the 
transportation system; and 
‘‘(G) adoption of laws, regulations, and 
practices that have been demonstrated to re-
duce energy use, improve air and water quality, 
reduce or mitigate stormwater impacts, promote 
long-term management of stormwater from sur-
face transportation assets, reduce greenhouse 
gas emissions, improve community adaptability 
and resilience, encourage groundwater recharge, 
enhance community health and quality of life, 
and expand transportation choices; and 
‘‘(3) meets other criteria the Secretary requires. 
‘‘(h) FUNDING.— 
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‘‘(1) AUTHORIZED FUNDING.—There is author-
ized to be appropriated for each of fiscal years 2016 
through 2021 to carry out this section— 
‘‘(A) $500,000,000 from the Highway Ac-
count of the Transportation Trust Fund; and 
‘‘(B) $500,000,000 from the Mass Transit 
Account of the Transportation Trust Fund. 
‘‘(2) OBLIGATION.— 
‘‘(A) IN GENERAL.—The funds authorized 
by paragraph (1) shall be— 
‘‘(i) available for obligation on Octo-
ber 1 of the fiscal year for which they are 
authorized; 
‘‘(ii) available for obligation for a pe-
riod of 3 years after the last day of the fis-
cal year for which the funds are author-
ized; and 
‘‘(iii) subject to the limitation on obli-
gations under subparagraph (B). 
‘‘(B) OBLIGATION LIMITATION.—Notwith-
standing any other provision of law, in each of 
fiscal years 2016 through 2021, obligations for 
the program under this section shall not ex-
ceed— 
‘‘(i) $1,000,000,000; plus 
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‘‘(ii) any amount remaining available 
for obligation under the program from 
prior fiscal years. 
‘‘(3) FEDERAL SHARE.—The Federal share for 
projects funded under this section may be up to 100 
percent. 
‘‘(i) TRANSFER
AUTHORITY.—Funds authorized 
under this section may be transferred within the Depart-
ment and administered in accordance with the require-
ments of title 23 or 49 of the United States Code applica-
ble to the agency to which the funds are transferred and 
any other requirements applicable to the project. 
‘‘(j) METROPOLITAN MOBILITY PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a metropolitan mobility program under this 
subsection. 
‘‘(2) RESERVATION OF FUNDS.—The Secretary 
shall reserve up to $1,000,000,000 made available 
under this section over the period of fiscal years 
2016 through 2021 for the program under this sub-
section. Any funds reserved under this paragraph 
and not allocated under paragraph (3) shall be avail-
able for the FAST Grant Program. 
‘‘(3) ALLOCATION OF FUNDS.— 
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‘‘(A) AMOUNT
AVAILABLE
FOR
ALLOCA-
TION.— 
‘‘(i) IN
GENERAL.—The amount of 
funding available to be allocated under this 
subsection for a fiscal year for use in an 
urbanized area with a population over 
200,000 individuals shall be— 
‘‘(I) $250,000,000; multiplied by 
‘‘(II) the ratio that— 
‘‘(aa) the population of such 
urbanized area; bears to 
‘‘(bb) the total population of 
all urbanized areas with popu-
lations of over 200,000 individ-
uals. 
‘‘(ii) ADJUSTMENTS TO AMOUNTS.— 
Notwithstanding clause (i), the Secretary 
shall adjust the amounts determined under 
clause (i) as follows: 
‘‘(I) MINIMUM
AMOUNT.—The 
amount available to be allocated under 
this subsection for a fiscal year for 
use in an urbanized area with a popu-
lation over 200,000 individuals shall 
not be less than $1,000,000. 
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‘‘(II) MAXIMUM
AMOUNT.—The 
amount available to be allocated under 
this subsection for a fiscal year for 
use in an urbanized area with a popu-
lation over 200,000 individuals shall 
not be greater than $3,000,000. 
‘‘(B) AMOUNT TO ALLOCATE.—In a fiscal 
year the Secretary shall make available to a 
State, for use in an urbanized area served by a 
high performing metropolitan planning organi-
zation, an amount of funds under this sub-
section equal to— 
‘‘(i) the amount available for alloca-
tion for that fiscal year in that urbanized 
area under subparagraph (A); plus 
‘‘(ii) any amounts available for alloca-
tion in that urbanized area under that sub-
paragraph for any prior fiscal years— 
‘‘(I) beginning with fiscal year 
2016; and 
‘‘(II) in which the urbanized area 
was not served by a high performing 
metropolitan planning organization. 
‘‘(4) ELIGIBLE USES OF FUNDS.—Funds pro-
vided under this subsection may be used— 
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149 
‘‘(A) for any project or activity eligible 
under title 23; 
‘‘(B) for any project or activity eligible 
under chapter 53, title 49; or 
‘‘(C) notwithstanding any other provision 
of law, to pay the non-Federal share of the cost 
of any project or activity funded under chapter 
53 or 56 of this title or under title 23. 
‘‘(5) HIGH PERFORMING METROPOLITAN PLAN-
NING ORGANIZATION DEFINED.—In this subsection, 
the term ‘high performing metropolitan planning or-
ganization’ means a metropolitan planning organiza-
tion that the Secretary has designated as high per-
forming under section 134(r) of title 23 or section 
5303(r) of this title.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
subtitle III of title 49, United States Code, is amended 
by inserting the following after the item relating to chap-
ter 55: 
‘‘56. 21st Century Infrastructure Investments ...................... 5601’’. 
SEC. 1402. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT OF 1998 AMENDMENTS. 
(a) DEFINITIONS.— 
(1) MASTER
CREDIT
AGREEMENTS.—Section 
601(a)(10) of title 23, United States Code, is 
amended to read as follows: 
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‘‘(10) MASTER CREDIT AGREEMENT.—The term 
‘master credit agreement’ means a conditional agree-
ment to extend credit assistance for a program of re-
lated projects secured by a common security pledge 
(which shall receive an investment grade rating from 
a rating agency) prior to the Secretary entering into 
such 
master 
credit 
agreement 
under 
section 
602(b)(2)(A), or for a single project covered under 
section 602(b)(2)(B) that does not provide for a cur-
rent obligation of Federal funds and that would— 
‘‘(A) make contingent commitments of 1 or 
more secured loans or other Federal credit in-
struments at future dates, subject to the avail-
ability of future funds being made available to 
carry out this chapter and subject to the satis-
faction of all the conditions for the provision of 
credit assistance under this chapter, including 
section 603(b)(1); 
‘‘(B) establish the maximum amounts and 
general terms and conditions of the secured 
loans or other Federal credit instruments; 
‘‘(C) identify the 1 or more dedicated non- 
Federal revenue sources that will secure the re-
payment of the secured loans or secured Fed-
eral credit instruments; 
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‘‘(D) provide for the obligation of funds for 
the secured loans or secured Federal credit in-
struments after all requirements have been met 
for the projects subject to the master credit 
agreement, including— 
‘‘(i) completion of an environmental 
impact statement or similar analysis re-
quired under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
‘‘(ii) compliance with such other re-
quirements as are specified in this chapter, 
including sections 602(c) and 603(b)(1); 
and 
‘‘(iii) the availability of funds to carry 
out this chapter; and 
‘‘(E) require that contingent commitments 
result in a financial close and obligation of 
credit assistance not later than 3 years after 
the date of entry into the master credit agree-
ment, or release of the commitment, unless oth-
erwise extended by the Secretary.’’. 
(2) RURAL INFRASTRUCTURE PROJECT.—Sec-
tion 601(a)(15) of title 23, United States Code, is 
amended to read as follows: 
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‘‘(15) RURAL
INFRASTRUCTURE
PROJECT.— 
The term ‘rural infrastructure project’ means a sur-
face infrastructure project located outside of a Cen-
sus Bureau-defined urbanized area.’’. 
(b) 
MASTER
CREDIT
AGREEMENTS.—Section 
602(b)(2) of title 23, United States Code, is amended to 
read as follows: 
‘‘(2) MASTER CREDIT AGREEMENTS.— 
‘‘(A) PROGRAM OF RELATED PROJECTS.— 
The Secretary may enter into a master credit 
agreement for a program of related projects se-
cured by a common security pledge on terms 
acceptable to the Secretary. 
‘‘(B) ADEQUATE
FUNDING
NOT
AVAIL-
ABLE.—If the Secretary fully obligates funding 
to eligible projects in a fiscal year, and ade-
quate funding is not available to fund a credit 
instrument, a project sponsor of an eligible 
project may elect to enter into a master credit 
agreement and wait to execute a credit instru-
ment until the fiscal year during which addi-
tional funds are available to receive credit as-
sistance.’’. 
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(c) APPLICATION PROCESSING PROCEDURES.—Sec-
tion 602(d)(2) of title 23, United States Code, is amended 
to read as follows: 
‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— 
Not later than 60 days after the date of issuance of 
the written notice of a complete application under 
paragraph (1), the Secretary shall provide to the ap-
plicant a written notice informing the applicant 
whether the Secretary has approved or disapproved 
the application.’’. 
(d) AGREEMENTS.—Section 603(a)(1)(D) of title 23, 
United States Code, is amended to read as follows: 
‘‘(D) to refinance long-term project obliga-
tions or Federal credit instruments, if the refi-
nancing provides additional demonstrated fund-
ing capacity for the completion, enhancement, 
or expansion of any project that— 
‘‘(i) is selected under section 602; or 
‘‘(ii) otherwise meets the requirements 
of section 602.’’. 
(e) LIMITATION ON REFINANCING OF INTERIM CON-
STRUCTION FINANCING.—Section 603(a)(2) of title 23, 
United States Code, is amended to read as follows: 
‘‘(2) LIMITATION ON REFINANCING OF INTERIM 
CONSTRUCTION
FINANCING.—A loan under para-
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graph (1) shall not refinance interim construction fi-
nancing under paragraph (1)(B)— 
‘‘(A) if the maturity of such interim con-
struction financing is later than one year after 
the substantial completion of the project, and 
‘‘(B) later than one year after the date of 
substantial completion of the project.’’. 
(f) PROGRAM ADMINISTRATION.—Section 605 of title 
23, United States Code, is amended by inserting at the 
end the following: 
‘‘(f) REDUCING BURDEN ON SMALL PROJECTS.— 
The Secretary may use up to $5,000,000 of funds made 
available to carry out this chapter in a fiscal year in lieu 
of fees collected under subsection (b) for projects under 
this chapter having eligible project costs that are reason-
ably anticipated not to equal or exceed $75,000,000.’’. 
(g) FUNDING.— 
(1) Section 608(a) of title 23, United States 
Code, is amended— 
(A) by striking paragraph (4); and 
(B) by renumbering paragraphs (5) and 
(6) as (4) and (5), respectively. 
(2) Section 608(a)(6) of title 23, United States 
Code, is amended to read as follows: 
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‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 
made available to carry out this chapter, the Sec-
retary may use not more than $10,000,000 in fiscal 
year 2016, $12,000,000 in fiscal year 2017, 
$14,000,000 in fiscal year 2018, $15,000,000 in fis-
cal year 2019, $15,000,000 in fiscal year 2020, and 
$15,000,000 in fiscal year 2021 for the administra-
tion of this chapter.’’. 
SEC. 1403. RAILROAD REHABILITATION AND IMPROVE-
MENT FINANCING. 
(a) DEFINITIONS.—Section 501 of the Railroad Revi-
talization and Regulatory Reform Act of 1976 (45 U.S.C. 
821) is amended by inserting at the end the following: 
‘‘(9) The term ‘railroad’ means a railroad car-
rier as that term is defined in section 20102 of title 
49, United States Code.’’. 
(b) GENERAL AUTHORITY.—Section 502(a) of the 
Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 822(a)) is amended— 
(1) by striking paragraph (5) and inserting the 
following: 
‘‘(5) joint ventures that include at least one of 
the entities described in paragraphs (1) through (4) 
or paragraph (6) of this section; and’’; 
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(2) in paragraph (6), by striking ‘‘second’’ and 
‘‘that is served by no more than a single railroad’’; 
and 
(3) in paragraph (6), by striking ‘‘limited op-
tion rail freight shippers’’ and inserting ‘‘limited op-
tion freight shippers’’. 
(c) ELIGIBLE PURPOSES.—Section 502(b) of the 
Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 822(b)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘shops’’ 
and inserting ‘‘shops, inclusive of costs related to 
these activities, but not operating expenses’’; and 
(2) in paragraph (1)(B), by striking ‘‘subpara-
graph (A)’’ and inserting ‘‘subparagraph (A) or 
(C)’’. 
(d) INFRASTRUCTURE PARTNERS.—Section 502(f) of 
the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 822(f)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘including modifications 
thereto’’ after ‘‘1990’’; 
(B) by inserting ‘‘and modification costs’’ 
after ‘‘premiums’’ in the first sentence; and 
(C) by inserting ‘‘or modification’’ after 
‘‘application’’ at the end of the first sentence; 
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157 
(2) in paragraph (3), by inserting ‘‘, and in the 
case of a modification, before the modification is ex-
ecuted’’ after ‘‘amounts’’; and 
(3) by striking paragraph (4). 
(e) CONDITIONS OF ASSISTANCE.—Section 502(h) of 
the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 822(h)) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘project’’ and inserting 
‘‘project, if applicable’’; 
(B) by striking ‘‘(2)’’ and inserting 
‘‘(2)(A)’’; and 
(C) by inserting at the end the following: 
‘‘(B) The Secretary may subordinate rights 
of the Secretary under any provision of title 49 
or title 23 of the United States Code, to the 
rights of the Secretary under this section and 
section 503 of this Act.’’; and 
(2) by inserting the following after subpara-
graph (3)(B): 
‘‘(4) The Secretary shall not provide assistance 
under this section exceeding 80 percent of the rea-
sonably 
anticipated 
eligible 
project 
costs 
on 
projects— 
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158 
‘‘(A) that receive a loan for which the Gov-
ernment pays the cost as defined by section 502 
of the Federal Credit Reform Act; and 
‘‘(B) with total eligible project costs esti-
mated to exceed $100,000,000.’’. 
(f) MODIFICATIONS.—Section 503(c) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 
U.S.C. 823(c)) is amended— 
(1) in paragraph (1), by striking ‘‘and’’ from 
the end; 
(2) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding the following after paragraph (2): 
‘‘(3) the modification cost has been covered 
pursuant to section 502(f).’’. 
(g) 
EVALUATION, 
AWARD
AND
OVERSIGHT 
CHARGES.—Section 503 of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 823) is 
amended by striking subsection (k) and inserting the fol-
lowing: 
‘‘(k) CHARGES.— 
‘‘(1) PURPOSE.—The Secretary may collect 
from each applicant a reasonable charge for— 
‘‘(A) the cost of evaluating the application, 
amendments, modifications, and waivers includ-
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159 
ing appraisal of the value of the equipment or 
facilities for which the direct loan or loan guar-
antee is sought, and for making necessary de-
terminations and findings; 
‘‘(B) the cost of award and project man-
agement oversight; 
‘‘(C) the cost of services from expert firms, 
including counsel, in the field of railroad, mu-
nicipal and project finance, to assist in the un-
derwriting, auditing, servicing and exercise of 
rights with respect to direct loans and loan 
guarantees; and 
‘‘(D) the cost of all other expenses in-
curred as a result of a breach of any term or 
condition or any event of default on a direct 
loan. 
‘‘(2) AMOUNT.—A charge under this subsection 
shall not exceed one percent of the principal amount 
requested in the application. The Secretary shall 
prescribe standards for applying the charges to en-
sure that it does not prevent a Class II or Class III 
railroad from having adequate access to direct loans 
and loan guarantees under this title. 
‘‘(3) FEES CREDITED TO SAFETY ACCOUNT.— 
Amounts collected under this subsection shall be 
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160 
credited directly to the Safety and Operations ac-
count of the Federal Railroad Administration, and 
shall remain available until expended to pay for the 
costs described in this subsection.’’. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary for the cost of direct loans and 
loan guarantees pursuant to sections 502 through 504 of 
the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94–210). 
SEC. 1404. STATE INFRASTRUCTURE BANK PROGRAM. 
Section 610 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by striking paragraph (1)(A) and in-
serting in its place the following: 
‘‘(A) 10 percent of the funds apportioned 
to the State for each fiscal year under each of 
sections 104(b)(1) and 104(b)(2); and’’; 
(B) in paragraph (2), by striking ‘‘of fiscal 
years 2005 through 2009’’ and inserting ‘‘fiscal 
year’’; and 
(C) in paragraph (3), by striking ‘‘of fiscal 
years 2005 through 2009’’ and inserting ‘‘fiscal 
year’’; and 
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161 
(2) in subsection (k), by striking ‘‘of fiscal 
years 2005 through 2009’’ and inserting ‘‘fiscal 
year’’. 
SEC. 1405. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 
(a) TOLLING.—Section 129(a) of title 23, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking subparagraphs (B), (G), 
and (H) and redesignating— 
(i) subparagraphs (C) through (F) as 
subparagraphs (B) through (E), respec-
tively; and 
(ii) subparagraph (I) as subparagraph 
(H); 
(B) in subparagraph (B), as redesignated, 
by— 
(i) inserting ‘‘, including such facili-
ties’’ after ‘‘tunnel’’ in the first place it ap-
pears; and 
(ii) adding a comma after ‘‘Interstate 
System’’; and 
(C) by inserting after subparagraph (E), 
as redesignated, the following: 
‘‘(F) reconstruction of a toll-free Federal- 
aid highway on the Interstate System and con-
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version of the highway to a toll facility, subject 
to the approval of the Secretary in accordance 
with paragraph (12); 
‘‘(G) conversion of 1 or more lanes on a 
toll-free highway, bridge or tunnel (including 
highways, bridges or tunnels on the Interstate 
System) to a toll facility for the purpose of re-
ducing or managing high levels of congestion, 
subject to the approval of the Secretary in ac-
cordance with paragraph (12); and’’; 
(2) in paragraph (3)(A), by— 
(A) striking ‘‘shall use’’ and inserting 
‘‘shall ensure that’’; 
(B) inserting ‘‘are used’’ after ‘‘toll facil-
ity’’ in the second place it appears; 
(C) redesignating clauses (iv) and (v) as 
clauses (vi) and (vii), respectively; 
(D) inserting after clause (iii) the fol-
lowing: 
‘‘(iv) any costs necessary for the im-
provement and operation of public trans-
portation service that— 
‘‘(I) is provided within the trans-
portation corridor in which the toll fa-
cility is located; or 
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‘‘(II) contributes to the improved 
operation of the toll facility or the 
highway on which the toll facility is 
located; 
‘‘(v) any costs necessary for miti-
gating any adverse impacts related to the 
tolling of the facility and identified under 
the National Environmental Policy Act 
process as a priority by the State or public 
authority imposing the tolls;’’; and 
(E) inserting ‘‘or chapter 53 of title 49’’ 
before the period at the end of clause (vii), as 
redesignated; 
(3) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) REQUIREMENTS FOR TOLLING FOR CON-
GESTION MANAGEMENT.— 
‘‘(A) IN
GENERAL.—A public authority 
with jurisdiction over a toll-free highway, 
bridge, or tunnel that is converted to a toll fa-
cility that is tolled under paragraph (1)(G) 
shall manage the demand to use the facility by 
varying the toll amount that is charged. 
‘‘(B) HOV FACILITIES.—A high occupancy 
vehicle facility converted to a toll facility under 
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164 
paragraph (1)(G) shall be subject to the re-
quirements of section 166 of this title.’’; 
(4) by redesignating paragraph (10) as para-
graph (11); 
(5) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) ELECTRONIC
TOLL
COLLECTION.—Fees 
collected from motorists using a toll facility that is 
tolled pursuant to this section and opened to traffic 
on or after October 1, 2016, shall be collected only 
through the use of noncash electronic technology 
that optimizes the free flow of traffic on the toll fa-
cility.’’; and 
(6) by inserting at the end the following: 
‘‘(12) APPROVAL.—A facility tolled under para-
graph (1)(F) or (1)(G) shall receive the approval of 
the Secretary according to criteria that the Sec-
retary shall publish in the Federal Register.’’. 
(b) FERRY BOATS.—Section 129(c)(2) of title 23, 
United States Code, is amended by inserting ‘‘, ferry boats 
carrying commercial motor vehicles and passengers,’’ be-
fore the phrase ‘‘and ferry boats carrying passengers 
only.’’. 
(c) INTERSTATE SYSTEM RECONSTRUCTION AND RE-
HABILITATION PILOT PROGRAM.—Section 1216(b) of the 
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Transportation Equity Act for the 21st Century (Public 
Law 105–178) is repealed. 
SEC. 1406. TAX-EXEMPT FINANCING FOR QUALIFIED SUR-
FACE TRANSPORTATION PROJECTS. 
Section 142(m)(2)(A) of the Internal Revenue Code 
of 1986 (26 U.S.C. 142(m)(2)(A)) is amended by striking 
‘‘$15,000,000,000’’ and inserting ‘‘$19,000,000,000’’. 
SEC. 1407. PAY FOR SUCCESS. 
To the extent practicable, the Secretary shall encour-
age the use of pay for success contracting in the imple-
mentation of the programs administered by the Depart-
ment. 
SEC. 1408. ASSISTANT SECRETARY FOR INNOVATIVE FI-
NANCE. 
(a) ESTABLISHMENT OF ASSISTANT SECRETARY PO-
SITION.—Section 102(e)(1) of title 49, as amended by sec-
tion 8110 of this Act, is further amended— 
(1) by striking ‘‘6 Assistant Secretaries’’ and 
inserting ‘‘7 Assistant Secretaries’’; and 
(2) in subparagraph (A), by inserting ‘‘an As-
sistant Secretary for Innovative Finance,’’ before 
‘‘and an Assistant Secretary’’. 
(b) CONFORMING AMENDMENT TO TITLE 5.—Sec-
tion 5315 of title 5, as amended by section 8110 of this 
Act, is further amended by striking ‘‘(5)’’ in the undesig-
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166 
nated item relating to Assistant Secretaries of Transpor-
tation and inserting ‘‘(6)’’. 
TITLE II—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Account of 
the Transportation Trust Fund: 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For 
the national highway performance program under 
section 119 of title 23, United States Code, the sur-
face transportation program under section 133 of 
such title, the highway safety improvement program 
under section 148 of such title, the congestion miti-
gation and air quality improvement program under 
section 149 of such title, and to carry out section 
134 of such title— 
(A) $38,640,000,000 for fiscal year 2016; 
(B) $39,413,000,000 for fiscal year 2017; 
(C) $40,182,000,000 for fiscal year 2018; 
(D) $40,984,000,000 for fiscal year 2019; 
(E) $41,792,000,000 for fiscal year 2020; 
and 
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