FAST Act
PL 114-94 (H.R.22), enacted 12/04/2015

129 STAT. 1312 
PUBLIC LAW 114–94—DEC. 4, 2015 
Public Law 114–94 
114th Congress 
An Act 
To authorize funds for Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Fixing Amer-
ica’s Surface Transportation Act’’ or the ‘‘FAST Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
DIVISION A—SURFACE TRANSPORTATION 
Sec. 1001. Definitions. 
Sec. 1002. Reconciliation of funds. 
Sec. 1003. Effective date. 
Sec. 1004. References. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Definitions. 
Sec. 1104. Apportionment. 
Sec. 1105. Nationally significant freight and highway projects. 
Sec. 1106. National highway performance program. 
Sec. 1107. Emergency relief for federally owned roads. 
Sec. 1108. Railway-highway grade crossings. 
Sec. 1109. Surface transportation block grant program. 
Sec. 1110. Highway use tax evasion projects. 
Sec. 1111. Bundling of bridge projects. 
Sec. 1112. Construction of ferry boats and ferry terminal facilities. 
Sec. 1113. Highway safety improvement program. 
Sec. 1114. Congestion mitigation and air quality improvement program. 
Sec. 1115. Territorial and Puerto Rico highway program. 
Sec. 1116. National highway freight program. 
Sec. 1117. Federal lands and tribal transportation programs. 
Sec. 1118. Tribal transportation program amendment. 
Sec. 1119. Federal lands transportation program. 
Sec. 1120. Federal lands programmatic activities. 
Sec. 1121. Tribal transportation self-governance program. 
Sec. 1122. State flexibility for National Highway System modifications. 
Sec. 1123. Nationally significant Federal lands and tribal projects program. 
Subtitle B—Planning and Performance Management 
Sec. 1201. Metropolitan transportation planning. 
Sec. 1202. Statewide and nonmetropolitan transportation planning. 
Subtitle C—Acceleration of Project Delivery 
Sec. 1301. Satisfaction of requirements for certain historic sites. 
Fixing America’s 
Surface 
Transportation 
Act. 
23 USC 101 note. 
Dec. 4, 2015 
[H.R. 22] 
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129 STAT. 1313 
PUBLIC LAW 114–94—DEC. 4, 2015 
Sec. 1302. Clarification of transportation environmental authorities. 
Sec. 1303. Treatment of certain bridges under preservation requirements. 
Sec. 1304. Efficient environmental reviews for project decisionmaking. 
Sec. 1305. Integration of planning and environmental review. 
Sec. 1306. Development of programmatic mitigation plans. 
Sec. 1307. Technical assistance for States. 
Sec. 1308. Surface transportation project delivery program. 
Sec. 1309. Program for eliminating duplication of environmental reviews. 
Sec. 1310. Application of categorical exclusions for multimodal projects. 
Sec. 1311. Accelerated decisionmaking in environmental reviews. 
Sec. 1312. Improving State and Federal agency engagement in environmental re-
views. 
Sec. 1313. Aligning Federal environmental reviews. 
Sec. 1314. Categorical exclusion for projects of limited Federal assistance. 
Sec. 1315. Programmatic agreement template. 
Sec. 1316. Assumption of authorities. 
Sec. 1317. Modernization of the environmental review process. 
Sec. 1318. Assessment of progress on accelerating project delivery. 
Subtitle D—Miscellaneous 
Sec. 1401. Prohibition on the use of funds for automated traffic enforcement. 
Sec. 1402. Highway Trust Fund transparency and accountability. 
Sec. 1403. Additional deposits into Highway Trust Fund. 
Sec. 1404. Design standards. 
Sec. 1405. Justification reports for access points on the Interstate System. 
Sec. 1406. Performance period adjustment. 
Sec. 1407. Vehicle-to-infrastructure equipment. 
Sec. 1408. Federal share payable. 
Sec. 1409. Milk products. 
Sec. 1410. Interstate weight limits. 
Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and rehabilitation. 
Sec. 1412. Projects for public safety relating to idling trains. 
Sec. 1413. National electric vehicle charging and hydrogen, propane, and natural 
gas fueling corridors. 
Sec. 1414. Repeat offender criteria. 
Sec. 1415. Administrative provisions to encourage pollinator habitat and forage on 
transportation rights-of-way. 
Sec. 1416. High priority corridors on National Highway System. 
Sec. 1417. Work zone and guard rail safety training. 
Sec. 1418. Consolidation of programs. 
Sec. 1419. Elimination or modification of certain reporting requirements. 
Sec. 1420. Flexibility for projects. 
Sec. 1421. Productive and timely expenditure of funds. 
Sec. 1422. Study on performance of bridges. 
Sec. 1423. Relinquishment of park-and-ride lot facilities. 
Sec. 1424. Pilot program. 
Sec. 1425. Service club, charitable association, or religious service signs. 
Sec. 1426. Motorcyclist advisory council. 
Sec. 1427. Highway work zones. 
Sec. 1428. Use of durable, resilient, and sustainable materials and practices. 
Sec. 1429. Identification of roadside highway safety hardware devices. 
Sec. 1430. Use of modeling and simulation technology. 
Sec. 1431. National Advisory Committee on Travel and Tourism Infrastructure. 
Sec. 1432. Emergency exemptions. 
Sec. 1433. Report on Highway Trust Fund administrative expenditures. 
Sec. 1434. Availability of reports. 
Sec. 1435. Appalachian development highway system. 
Sec. 1436. Appalachian regional development program. 
Sec. 1437. Border State infrastructure. 
Sec. 1438. Adjustments. 
Sec. 1439. Elimination of barriers to improve at-risk bridges. 
Sec. 1440. At-risk project preagreement authority. 
Sec. 1441. Regional infrastructure accelerator demonstration program. 
Sec. 1442. Safety for users. 
Sec. 1443. Sense of Congress. 
Sec. 1444. Every Day Counts initiative. 
Sec. 1445. Water infrastructure finance and innovation. 
Sec. 1446. Technical corrections. 
TITLE II—INNOVATIVE PROJECT FINANCE 
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 
amendments. 
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129 STAT. 1314 
PUBLIC LAW 114–94—DEC. 4, 2015 
Sec. 2002. Availability payment concession model. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 3001. Short title. 
Sec. 3002. Definitions. 
Sec. 3003. Metropolitan and statewide transportation planning. 
Sec. 3004. Urbanized area formula grants. 
Sec. 3005. Fixed guideway capital investment grants. 
Sec. 3006. Enhanced mobility of seniors and individuals with disabilities. 
Sec. 3007. Formula grants for rural areas. 
Sec. 3008. Public transportation innovation. 
Sec. 3009. Technical assistance and workforce development. 
Sec. 3010. Private sector participation. 
Sec. 3011. General provisions. 
Sec. 3012. Project management oversight. 
Sec. 3013. Public transportation safety program. 
Sec. 3014. Apportionments. 
Sec. 3015. State of good repair grants. 
Sec. 3016. Authorizations. 
Sec. 3017. Grants for buses and bus facilities. 
Sec. 3018. Obligation ceiling. 
Sec. 3019. Innovative procurement. 
Sec. 3020. Review of public transportation safety standards. 
Sec. 3021. Study on evidentiary protection for public transportation safety program 
information. 
Sec. 3022. Improved public transportation safety measures. 
Sec. 3023. Paratransit system under FTA approved coordinated plan. 
Sec. 3024. Report on potential of Internet of Things. 
Sec. 3025. Report on parking safety. 
Sec. 3026. Appointment of directors of Washington Metropolitan Area Transit Au-
thority. 
Sec. 3027. Effectiveness of public transportation changes and funding. 
Sec. 3028. Authorization of grants for positive train control. 
Sec. 3029. Amendment to title 5. 
Sec. 3030. Technical and conforming changes. 
TITLE IV—HIGHWAY TRAFFIC SAFETY 
Sec. 4001. Authorization of appropriations. 
Sec. 4002. Highway safety programs. 
Sec. 4003. Highway safety research and development. 
Sec. 4004. High-visibility enforcement program. 
Sec. 4005. National priority safety programs. 
Sec. 4006. Tracking process. 
Sec. 4007. Stop motorcycle checkpoint funding. 
Sec. 4008. Marijuana-impaired driving. 
Sec. 4009. Increasing public awareness of the dangers of drug-impaired driving. 
Sec. 4010. National priority safety program grant eligibility. 
Sec. 4011. Data collection. 
Sec. 4012. Study on the national roadside survey of alcohol and drug use by driv-
ers. 
Sec. 4013. Barriers to data collection report. 
Sec. 4014. Technical corrections. 
Sec. 4015. Effective date for certain programs. 
TITLE V—MOTOR CARRIER SAFETY 
Subtitle A—Motor Carrier Safety Grant Consolidation 
Sec. 5101. Grants to States. 
Sec. 5102. Performance and registration information systems management. 
Sec. 5103. Authorization of appropriations. 
Sec. 5104. Commercial driver’s license program implementation. 
Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 2016. 
Sec. 5106. Motor carrier safety assistance program allocation. 
Sec. 5107. Maintenance of effort calculation. 
Subtitle B—Federal Motor Carrier Safety Administration Reform 
PART I—REGULATORY REFORM 
Sec. 5201. Notice of cancellation of insurance. 
Sec. 5202. Regulations. 
Sec. 5203. Guidance. 
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129 STAT. 1315 
PUBLIC LAW 114–94—DEC. 4, 2015 
Sec. 5204. Petitions. 
Sec. 5205. Inspector standards. 
Sec. 5206. Applications. 
PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM 
Sec. 5221. Correlation study. 
Sec. 5222. Beyond compliance. 
Sec. 5223. Data certification. 
Sec. 5224. Data improvement. 
Sec. 5225. Accident review. 
Subtitle C—Commercial Motor Vehicle Safety 
Sec. 5301. Windshield technology. 
Sec. 5302. Prioritizing statutory rulemakings. 
Sec. 5303. Safety reporting system. 
Sec. 5304. New entrant safety review program. 
Sec. 5305. High risk carrier reviews. 
Sec. 5306. Post-accident report review. 
Sec. 5307. Implementing safety requirements. 
Subtitle D—Commercial Motor Vehicle Drivers 
Sec. 5401. Opportunities for veterans. 
Sec. 5402. Drug-free commercial drivers. 
Sec. 5403. Medical certification of veterans for commercial driver’s licenses. 
Sec. 5404. Commercial driver pilot program. 
Subtitle E—General Provisions 
Sec. 5501. Delays in goods movement. 
Sec. 5502. Emergency route working group. 
Sec. 5503. Household goods consumer protection working group. 
Sec. 5504. Technology improvements. 
Sec. 5505. Notification regarding motor carrier registration. 
Sec. 5506. Report on commercial driver’s license skills test delays. 
Sec. 5507. Electronic logging device requirements. 
Sec. 5508. Technical corrections. 
Sec. 5509. Minimum financial responsibility. 
Sec. 5510. Safety study regarding double-decker motorcoaches. 
Sec. 5511. GAO review of school bus safety. 
Sec. 5512. Access to National Driver Register. 
Sec. 5513. Report on design and implementation of wireless roadside inspection 
systems. 
Sec. 5514. Regulation of tow truck operations. 
Sec. 5515. Study on commercial motor vehicle driver commuting. 
Sec. 5516. Additional State authority. 
Sec. 5517. Report on motor carrier financial responsibility. 
Sec. 5518. Covered farm vehicles. 
Sec. 5519. Operators of hi-rail vehicles. 
Sec. 5520. Automobile transporter. 
Sec. 5521. Ready mix concrete delivery vehicles. 
Sec. 5522. Transportation of construction materials and equipment. 
Sec. 5523. Commercial delivery of light- and medium-duty trailers. 
Sec. 5524. Exemptions from requirements for certain welding trucks used in pipe-
line industry. 
Sec. 5525. Report. 
TITLE VI—INNOVATION 
Sec. 6001. Short title. 
Sec. 6002. Authorization of appropriations. 
Sec. 6003. Technology and innovation deployment program. 
Sec. 6004. Advanced transportation and congestion management technologies de-
ployment. 
Sec. 6005. Intelligent transportation system goals. 
Sec. 6006. Intelligent transportation system purposes. 
Sec. 6007. Intelligent transportation system program report. 
Sec. 6008. Intelligent transportation system national architecture and standards. 
Sec. 6009. Communication systems deployment report. 
Sec. 6010. Infrastructure development. 
Sec. 6011. Departmental research programs. 
Sec. 6012. Research and Innovative Technology Administration. 
Sec. 6013. Web-based training for emergency responders. 
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129 STAT. 1316 
PUBLIC LAW 114–94—DEC. 4, 2015 
Sec. 6014. Hazardous materials research and development. 
Sec. 6015. Office of Intermodalism. 
Sec. 6016. University transportation centers. 
Sec. 6017. Bureau of Transportation Statistics. 
Sec. 6018. Port performance freight statistics program. 
Sec. 6019. Research planning. 
Sec. 6020. Surface transportation system funding alternatives. 
Sec. 6021. Future interstate study. 
Sec. 6022. Highway efficiency. 
Sec. 6023. Transportation technology policy working group. 
Sec. 6024. Collaboration and support. 
Sec. 6025. GAO report. 
Sec. 6026. Traffic congestion. 
Sec. 6027. Smart cities transportation planning study. 
Sec. 6028. Performance management data support program. 
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 7001. Short title. 
Subtitle A—Authorizations 
Sec. 7101. Authorization of appropriations. 
Subtitle B—Hazardous Material Safety and Improvement 
Sec. 7201. National emergency and disaster response. 
Sec. 7202. Motor carrier safety permits. 
Sec. 7203. Improving the effectiveness of planning and training grants. 
Sec. 7204. Improving publication of special permits and approvals. 
Sec. 7205. Enhanced reporting. 
Sec. 7206. Wetlines. 
Sec. 7207. GAO study on acceptance of classification examinations. 
Sec. 7208. Hazardous materials endorsement exemption. 
Subtitle C—Safe Transportation of Flammable Liquids by Rail 
Sec. 7301. Community safety grants. 
Sec. 7302. Real-time emergency response information. 
Sec. 7303. Emergency response. 
Sec. 7304. Phase-out of all tank cars used to transport Class 3 flammable liquids. 
Sec. 7305. Thermal blankets. 
Sec. 7306. Minimum requirements for top fittings protection for class DOT–117R 
tank cars. 
Sec. 7307. Rulemaking on oil spill response plans. 
Sec. 7308. Modification reporting. 
Sec. 7309. Report on crude oil characteristics research study. 
Sec. 7310. Hazardous materials by rail liability study. 
Sec. 7311. Study and testing of electronically controlled pneumatic brakes. 
TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION 
Sec. 8001. Multimodal freight transportation. 
TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 
FINANCE BUREAU 
Sec. 9001. National Surface Transportation and Innovative Finance Bureau. 
Sec. 9002. Council on Credit and Finance. 
TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING 
SAFETY 
Sec. 10001. Allocations. 
Sec. 10002. Recreational boating safety. 
TITLE XI—RAIL 
Sec. 11001. Short title. 
Subtitle A—Authorizations 
Sec. 11101. Authorization of grants to Amtrak. 
Sec. 11102. Consolidated rail infrastructure and safety improvements. 
Sec. 11103. Federal-State partnership for state of good repair. 
Sec. 11104. Restoration and enhancement grants. 
Sec. 11105. Authorization of appropriations for Amtrak Office of Inspector General. 
Sec. 11106. Definitions. 
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129 STAT. 1317 
PUBLIC LAW 114–94—DEC. 4, 2015 
Subtitle B—Amtrak Reforms 
Sec. 11201. Accounts. 
Sec. 11202. Amtrak grant process. 
Sec. 11203. 5-year business line and asset plans. 
Sec. 11204. State-supported route committee. 
Sec. 11205. Composition of Amtrak’s Board of Directors. 
Sec. 11206. Route and service planning decisions. 
Sec. 11207. Food and beverage reform. 
Sec. 11208. Rolling stock purchases. 
Sec. 11209. Local products and promotional events. 
Sec. 11210. Amtrak pilot program for passengers transporting domesticated cats 
and dogs. 
Sec. 11211. Right-of-way leveraging. 
Sec. 11212. Station development. 
Sec. 11213. Amtrak boarding procedures. 
Sec. 11214. Amtrak debt. 
Sec. 11215. Elimination of duplicative reporting. 
Subtitle C—Intercity Passenger Rail Policy 
Sec. 11301. Consolidated rail infrastructure and safety improvements. 
Sec. 11302. Federal-State partnership for state of good repair. 
Sec. 11303. Restoration and enhancement grants. 
Sec. 11304. Gulf Coast rail service working group. 
Sec. 11305. Northeast Corridor Commission. 
Sec. 11306. Northeast corridor planning. 
Sec. 11307. Competition. 
Sec. 11308. Performance-based proposals. 
Sec. 11309. Large capital project requirements. 
Sec. 11310. Small business participation study. 
Sec. 11311. Shared-use study. 
Sec. 11312. Northeast Corridor through-ticketing and procurement efficiencies. 
Sec. 11313. Data and analysis. 
Sec. 11314. Amtrak Inspector General. 
Sec. 11315. Miscellaneous provisions. 
Sec. 11316. Technical and conforming amendments. 
Subtitle D—Safety 
Sec. 11401. Highway-rail grade crossing safety. 
Sec. 11402. Private highway-rail grade crossings. 
Sec. 11403. Study on use of locomotive horns at highway-rail grade crossings. 
Sec. 11404. Positive train control at grade crossings effectiveness study. 
Sec. 11405. Bridge inspection reports. 
Sec. 11406. Speed limit action plans. 
Sec. 11407. Alerters. 
Sec. 11408. Signal protection. 
Sec. 11409. Commuter rail track inspections. 
Sec. 11410. Post-accident assessment. 
Sec. 11411. Recording devices. 
Sec. 11412. Railroad police officers. 
Sec. 11413. Repair and replacement of damaged track inspection equipment. 
Sec. 11414. Report on vertical track deflection. 
Sec. 11415. Rail passenger liability. 
Subtitle E—Project Delivery 
Sec. 11501. Short title. 
Sec. 11502. Treatment of improvements to rail and transit under preservation re-
quirements. 
Sec. 11503. Efficient environmental reviews. 
Sec. 11504. Railroad rights-of-way. 
Subtitle F—Financing 
Sec. 11601. Short title; references. 
Sec. 11602. Definitions. 
Sec. 11603. Eligible applicants. 
Sec. 11604. Eligible purposes. 
Sec. 11605. Program administration. 
Sec. 11606. Loan terms and repayment. 
Sec. 11607. Credit risk premiums. 
Sec. 11608. Master credit agreements. 
Sec. 11609. Priorities and conditions. 
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129 STAT. 1318 
PUBLIC LAW 114–94—DEC. 4, 2015 
Sec. 11610. Savings provisions. 
Sec. 11611. Report on leveraging RRIF. 
DIVISION B—COMPREHENSIVE TRANSPORTATION AND CONSUMER 
PROTECTION ACT OF 2015 
TITLE XXIV—MOTOR VEHICLE SAFETY 
Subtitle A—Vehicle Safety 
Sec. 24101. Authorization of appropriations. 
Sec. 24102. Inspector general recommendations. 
Sec. 24103. Improvements in availability of recall information. 
Sec. 24104. Recall process. 
Sec. 24105. Pilot grant program for state notification to consumers of motor vehicle 
recall status. 
Sec. 24106. Recall obligations under bankruptcy. 
Sec. 24107. Dealer requirement to check for open recall. 
Sec. 24108. Extension of time period for remedy of tire defects. 
Sec. 24109. Rental car safety. 
Sec. 24110. Increase in civil penalties for violations of motor vehicle safety. 
Sec. 24111. Electronic odometer disclosures. 
Sec. 24112. Corporate responsibility for NHTSA reports. 
Sec. 24113. Direct vehicle notification of recalls. 
Sec. 24114. Unattended children warning. 
Sec. 24115. Tire pressure monitoring system. 
Sec. 24116. Information regarding components involved in recall. 
Subtitle B—Research And Development And Vehicle Electronics 
Sec. 24201. Report on operations of the council for vehicle electronics, vehicle soft-
ware, and emerging technologies. 
Sec. 24202. Cooperation with foreign governments. 
Subtitle C—Miscellaneous Provisions 
PART I—DRIVER PRIVACY ACT OF 2015 
Sec. 24301. Short title. 
Sec. 24302. Limitations on data retrieval from vehicle event data recorders. 
Sec. 24303. Vehicle event data recorder study. 
PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 
Sec. 24321. Short title. 
Sec. 24322. Passenger motor vehicle information. 
PART III—TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015 
Sec. 24331. Short title. 
Sec. 24332. Tire fuel efficiency minimum performance standards. 
Sec. 24333. Tire registration by independent sellers. 
Sec. 24334. Tire identification study and report. 
Sec. 24335. Tire recall database. 
PART IV—ALTERNATIVE FUEL VEHICLES 
Sec. 24341. Regulatory parity for natural gas vehicles. 
PART V—MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT 
Sec. 24351. Short title. 
Sec. 24352. Motor vehicle safety whistleblower incentives and protections. 
Subtitle D—Additional Motor Vehicle Provisions 
Sec. 24401. Required reporting of NHTSA agenda. 
Sec. 24402. Application of remedies for defects and noncompliance. 
Sec. 24403. Retention of safety records by manufacturers. 
Sec. 24404. Nonapplication of prohibitions relating to noncomplying motor vehicles 
to vehicles used for testing or evaluation. 
Sec. 24405. Treatment of low-volume manufacturers. 
Sec. 24406. Motor vehicle safety guidelines. 
Sec. 24407. Improvement of data collection on child occupants in vehicle crashes. 
DIVISION C—FINANCE 
TITLE XXXI—HIGHWAY TRUST FUND AND RELATED TAXES 
Subtitle A—Extension of Trust Fund Expenditure Authority and Related Taxes 
Sec. 31101. Extension of Highway Trust Fund expenditure authority. 
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129 STAT. 1319 
PUBLIC LAW 114–94—DEC. 4, 2015 
Sec. 31102. Extension of highway-related taxes. 
Subtitle B—Additional Transfers to Highway Trust Fund 
Sec. 31201. Further additional transfers to trust fund. 
Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle safety pen-
alties. 
Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund. 
TITLE XXXII—OFFSETS 
Subtitle A—Tax Provisions 
Sec. 32101. Revocation or denial of passport in case of certain unpaid taxes. 
Sec. 32102. Reform of rules relating to qualified tax collection contracts. 
Sec. 32103. Special compliance personnel program. 
Sec. 32104. Repeal of modification of automatic extension of return due date for 
certain employee benefit plans. 
Subtitle B—Fees and Receipts 
Sec. 32201. Adjustment for inflation of fees for certain customs services. 
Sec. 32202. Limitation on surplus funds of Federal reserve banks. 
Sec. 32203. Dividends of Federal reserve banks. 
Sec. 32204. Strategic Petroleum Reserve drawdown and sale. 
Sec. 32205. Repeal. 
Subtitle C—Outlays 
Sec. 32301. Interest on overpayment. 
Subtitle D—Budgetary Effects 
Sec. 32401. Budgetary effects. 
DIVISION D—MISCELLANEOUS 
TITLE XLI—FEDERAL PERMITTING IMPROVEMENT 
Sec. 41001. Definitions. 
Sec. 41002. Federal Permitting Improvement Council. 
Sec. 41003. Permitting process improvement. 
Sec. 41004. Interstate compacts. 
Sec. 41005. Coordination of required reviews. 
Sec. 41006. Delegated State permitting programs. 
Sec. 41007. Litigation, judicial review, and savings provision. 
Sec. 41008. Reports. 
Sec. 41009. Funding for governance, oversight, and processing of environmental re-
views and permits. 
Sec. 41010. Application. 
Sec. 41011. GAO Report. 
Sec. 41012. Savings provision. 
Sec. 41013. Sunset. 
Sec. 41014. Placement. 
TITLE XLII—ADDITIONAL PROVISIONS 
Sec. 42001. GAO report on refunds to registered vendors of kerosene used in non-
commercial aviation. 
TITLE XLIII—PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES 
Sec. 43001. Payments from Abandoned Mine Reclamation Fund. 
DIVISION E—EXPORT-IMPORT BANK OF THE UNITED STATES 
Sec. 50001. Short title. 
TITLE LI—TAXPAYER PROTECTION PROVISIONS AND INCREASED 
ACCOUNTABILITY 
Sec. 51001. Reduction in authorized amount of outstanding loans, guarantees, and 
insurance. 
Sec. 51002. Increase in loss reserves. 
Sec. 51003. Review of fraud controls. 
Sec. 51004. Office of Ethics. 
Sec. 51005. Chief Risk Officer. 
Sec. 51006. Risk Management Committee. 
Sec. 51007. Independent audit of bank portfolio. 
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129 STAT. 1320 
PUBLIC LAW 114–94—DEC. 4, 2015 
Sec. 51008. Pilot program for reinsurance. 
TITLE LII—PROMOTION OF SMALL BUSINESS EXPORTS 
Sec. 52001. Increase in small business lending requirements. 
Sec. 52002. Report on programs for small- and medium-sized businesses. 
TITLE LIII—MODERNIZATION OF OPERATIONS 
Sec. 53001. Electronic payments and documents. 
Sec. 53002. Reauthorization of information technology updating. 
TITLE LIV—GENERAL PROVISIONS 
Sec. 54001. Extension of authority. 
Sec. 54002. Certain updated loan terms and amounts. 
TITLE LV—OTHER MATTERS 
Sec. 55001. Prohibition on discrimination based on industry. 
Sec. 55002. Negotiations to end export credit financing. 
Sec. 55003. Study of financing for information and communications technology sys-
tems. 
DIVISION F—ENERGY SECURITY 
Sec. 61001. Emergency preparedness for energy supply disruptions. 
Sec. 61002. Resolving environmental and grid reliability conflicts. 
Sec. 61003. Critical electric infrastructure security. 
Sec. 61004. Strategic Transformer Reserve. 
Sec. 61005. Energy security valuation. 
DIVISION G—FINANCIAL SERVICES 
TITLE LXXI—IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH 
COMPANIES 
Sec. 71001. Filing requirement for public filing prior to public offering. 
Sec. 71002. Grace period for change of status of emerging growth companies. 
Sec. 71003. Simplified disclosure requirements for emerging growth companies. 
TITLE LXXII—DISCLOSURE MODERNIZATION AND SIMPLIFICATION 
Sec. 72001. Summary page for form 10–K. 
Sec. 72002. Improvement of regulation S–K. 
Sec. 72003. Study on modernization and simplification of regulation S–K. 
TITLE LXXIII—BULLION AND COLLECTIBLE COIN PRODUCTION 
EFFICIENCY AND COST SAVINGS 
Sec. 73001. Technical corrections. 
Sec. 73002. American Eagle Silver Bullion 30th Anniversary. 
TITLE LXXIV—SBIC ADVISERS RELIEF 
Sec. 74001. Advisers of SBICs and venture capital funds. 
Sec. 74002. Advisers of SBICs and private funds. 
Sec. 74003. Relationship to State law. 
TITLE LXXV—ELIMINATE PRIVACY NOTICE CONFUSION 
Sec. 75001. Exception to annual privacy notice requirement under the Gramm- 
Leach-Bliley Act. 
TITLE LXXVI—REFORMING ACCESS FOR INVESTMENTS IN STARTUP 
ENTERPRISES 
Sec. 76001. Exempted transactions. 
TITLE LXXVII—PRESERVATION ENHANCEMENT AND SAVINGS 
OPPORTUNITY 
Sec. 77001. Distributions and residual receipts. 
Sec. 77002. Future refinancings. 
Sec. 77003. Implementation. 
TITLE LXXVIII—TENANT INCOME VERIFICATION RELIEF 
Sec. 78001. Reviews of family incomes. 
TITLE LXXIX—HOUSING ASSISTANCE EFFICIENCY 
Sec. 79001. Authority to administer rental assistance. 
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129 STAT. 1321 
PUBLIC LAW 114–94—DEC. 4, 2015 
Sec. 79002. Reallocation of funds. 
TITLE LXXX—CHILD SUPPORT ASSISTANCE 
Sec. 80001. Requests for consumer reports by State or local child support enforce-
ment agencies. 
TITLE LXXXI—PRIVATE INVESTMENT IN HOUSING 
Sec. 81001. Budget-neutral demonstration program for energy and water conserva-
tion improvements at multifamily residential units. 
TITLE LXXXII—CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL 
INSTITUTIONS 
Sec. 82001. Privately insured credit unions authorized to become members of a 
Federal home loan bank. 
Sec. 82002. GAO Report. 
TITLE LXXXIII—SMALL BANK EXAM CYCLE REFORM 
Sec. 83001. Smaller institutions qualifying for 18-month examination cycle. 
TITLE LXXXIV—SMALL COMPANY SIMPLE REGISTRATION 
Sec. 84001. Forward incorporation by reference for Form S–1. 
TITLE LXXXV—HOLDING COMPANY REGISTRATION THRESHOLD 
EQUALIZATION 
Sec. 85001. Registration threshold for savings and loan holding companies. 
TITLE LXXXVI—REPEAL OF INDEMNIFICATION REQUIREMENTS 
Sec. 86001. Repeal. 
TITLE LXXXVII—TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF 
SMALLER INSTITUTIONS 
Sec. 87001. Date for determining consolidated assets. 
TITLE LXXXVIII—STATE LICENSING EFFICIENCY 
Sec. 88001. Short title. 
Sec. 88002. Background checks. 
TITLE LXXXIX—HELPING EXPAND LENDING PRACTICES IN RURAL 
COMMUNITIES 
Sec. 89001. Short title. 
Sec. 89002. Designation of rural area. 
Sec. 89003. Operations in rural areas. 
DIVISION A—SURFACE 
TRANSPORTATION 
SEC. 1001. DEFINITIONS. 
In this division, 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. 1002. RECONCILIATION OF FUNDS. 
The Secretary shall reduce the amount apportioned or allocated 
for a program, project, or activity under titles I and VI of this 
Act in fiscal year 2016 by amounts apportioned or allocated pursu-
ant to any extension Act of MAP–21, including the amendments 
made by that extension Act, during the period beginning on October 
1, 2015, and ending on the date of enactment of this Act. For 
purposes of making such reductions, funds set aside pursuant to 
section 133(h) of title 23, United States Code, as amended by 
23 USC 101 note. 
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129 STAT. 1322 
PUBLIC LAW 114–94—DEC. 4, 2015 
this Act, shall be reduced by the amount set aside pursuant to 
section 213 of such title, as in effect on the day before the date 
of enactment of this Act. 
SEC. 1003. EFFECTIVE DATE. 
Except as otherwise provided, this division, including the 
amendments made by this division, takes effect on October 1, 2015. 
SEC. 1004. REFERENCES. 
Except as expressly provided otherwise, any reference to ‘‘this 
Act’’ contained in this division shall be treated as referring only 
to the provisions of this division. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account): 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For the national 
highway performance program under section 119 of title 23, 
United States Code, the surface transportation block grant 
program under section 133 of that title, the highway safety 
improvement program under section 148 of that title, the 
congestion mitigation and air quality improvement program 
under section 149 of that title, the national highway freight 
program under section 167 of that title, and to carry out section 
134 of that title— 
(A) $39,727,500,000 for fiscal year 2016; 
(B) $40,547,805,000 for fiscal year 2017; 
(C) $41,424,020,075 for fiscal year 2018; 
(D) $42,358,903,696 for fiscal year 2019; and 
(E) $43,373,294,311 for fiscal year 2020. 
(2) 
TRANSPORTATION
INFRASTRUCTURE
FINANCE
AND 
INNOVATION
PROGRAM.—For 
credit 
assistance 
under 
the 
transportation infrastructure finance and innovation program 
under chapter 6 of title 23, United States Code— 
(A) $275,000,000 for fiscal year 2016; 
(B) $275,000,000 for fiscal year 2017; 
(C) $285,000,000 for fiscal year 2018; 
(D) $300,000,000 for fiscal year 2019; and 
(E) $300,000,000 for fiscal year 2020. 
(3) FEDERAL
LANDS
AND
TRIBAL
TRANSPORTATION
PRO-
GRAMS.— 
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal 
transportation program under section 202 of title 23, 
United States Code— 
(i) $465,000,000 for fiscal year 2016; 
(ii) $475,000,000 for fiscal year 2017; 
(iii) $485,000,000 for fiscal year 2018; 
(iv) $495,000,000 for fiscal year 2019; and 
(v) $505,000,000 for fiscal year 2020. 
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.— 
1 USC 1 note. 
5 USC 5313 note. 
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129 STAT. 1323 
PUBLIC LAW 114–94—DEC. 4, 2015 
(i) IN GENERAL.—For the Federal lands transpor-
tation program under section 203 of title 23, United 
States Code— 
(I) $335,000,000 for fiscal year 2016; 
(II) $345,000,000 for fiscal year 2017; 
(III) $355,000,000 for fiscal year 2018; 
(IV) $365,000,000 for fiscal year 2019; and 
(V) $375,000,000 for fiscal year 2020. 
(ii) ALLOCATION.—Of the amount made available 
for a fiscal year under clause (i)— 
(I) the amount for the National Park Service 
is— 
(aa) $268,000,000 for fiscal year 2016; 
(bb) $276,000,000 for fiscal year 2017; 
(cc) $284,000,000 for fiscal year 2018; 
(dd) $292,000,000 for fiscal year 2019; and 
(ee) $300,000,000 for fiscal year 2020. 
(II) the amount for the United States Fish 
and Wildlife Service is $30,000,000 for each of 
fiscal years 2016 through 2020; and 
(III) the amount for the United States Forest 
Service is— 
(aa) $15,000,000 for fiscal year 2016; 
(bb) $16,000,000 for fiscal year 2017; 
(cc) $17,000,000 for fiscal year 2018; 
(dd) $18,000,000 for fiscal year 2019; and 
(ee) $19,000,000 for fiscal year 2020. 
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal 
lands access program under section 204 of title 23, United 
States Code— 
(i) $250,000,000 for fiscal year 2016; 
(ii) $255,000,000 for fiscal year 2017; 
(iii) $260,000,000 for fiscal year 2018; 
(iv) $265,000,000 for fiscal year 2019; and 
(v) $270,000,000 for fiscal year 2020. 
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.— 
For the territorial and Puerto Rico highway program under 
section 165 of title 23, United States Code, $200,000,000 for 
each of fiscal years 2016 through 2020. 
(5) NATIONALLY
SIGNIFICANT
FREIGHT
AND
HIGHWAY 
PROJECTS.—For nationally significant freight and highway 
projects under section 117 of title 23, United States Code— 
(A) $800,000,000 for fiscal year 2016; 
(B) $850,000,000 for fiscal year 2017; 
(C) $900,000,000 for fiscal year 2018; 
(D) $950,000,000 for fiscal year 2019; and 
(E) $1,000,000,000 for fiscal year 2020. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) while significant progress has occurred due to the 
establishment of the disadvantaged business enterprise 
program, discrimination and related barriers continue to 
pose significant obstacles for minority- and women-owned 
businesses seeking to do business in federally assisted sur-
face transportation markets across the United States; 
23 USC 101 note. 
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129 STAT. 1324 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) the continuing barriers described in subparagraph 
(A) merit the continuation of the disadvantaged business 
enterprise program; 
(C) Congress has received and reviewed testimony and 
documentation of race and gender discrimination from 
numerous sources, including congressional hearings and 
roundtables, scientific reports, reports issued by public and 
private agencies, news stories, reports of discrimination 
by organizations and individuals, and discrimination law-
suits, which show that race- and gender-neutral efforts 
alone are insufficient to address the problem; 
(D) the testimony and documentation described in 
subparagraph (C) demonstrate that discrimination across 
the United States poses a barrier to full and fair participa-
tion in surface transportation-related businesses of women 
business owners and minority business owners and has 
impacted firm development and many aspects of surface 
transportation-related business in the public and private 
markets; and 
(E) the testimony and documentation described in 
subparagraph (C) provide a strong basis that there is a 
compelling need for the continuation of the disadvantaged 
business enterprise program to address race and gender 
discrimination in surface transportation-related business. 
(2) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN GENERAL.—The term ‘‘small business con-
cern’’ means a small business concern (as the term 
is used in section 3 of the Small Business Act (15 
U.S.C. 632)). 
(ii) EXCLUSIONS.—The term ‘‘small business con-
cern’’ does not include any concern or group of concerns 
controlled by the same socially and economically dis-
advantaged individual or individuals that have average 
annual gross receipts during the preceding 3 fiscal 
years in excess of $23,980,000, as adjusted annually 
by the Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DISADVANTAGED 
INDIVIDUALS.—The term ‘‘socially and economically dis-
advantaged individuals’’ has the meaning given the term 
in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
and relevant subcontracting regulations issued pursuant 
to that Act, except that women shall be presumed to be 
socially and economically disadvantaged individuals for 
purposes of this subsection. 
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to 
the extent that the Secretary determines otherwise, not less 
than 10 percent of the amounts made available for any program 
under titles I, II, III, and VI of this Act and section 403 
of title 23, United States Code, shall be expended through 
small business concerns owned and controlled by socially and 
economically disadvantaged individuals. 
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-
PRISES.—Each State shall annually— 
(A) survey and compile a list of the small business 
concerns referred to in paragraph (3) in the State, including 
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129 STAT. 1325 
PUBLIC LAW 114–94—DEC. 4, 2015 
the location of the small business concerns in the State; 
and 
(B) notify the Secretary, in writing, of the percentage 
of the small business concerns that are controlled by— 
(i) women; 
(ii) 
socially 
and 
economically 
disadvantaged 
individuals (other than women); and 
(iii) individuals who are women and are otherwise 
socially and economically disadvantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall establish min-
imum uniform criteria for use by State governments in 
certifying whether a concern qualifies as a small business 
concern for the purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform criteria estab-
lished under subparagraph (A) shall include, with respect 
to a potential small business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of principal 
owners; 
(ix) analyses of financial capacity; and 
(x) analyses of the type of work preferred. 
(6) REPORTING.—The Secretary shall establish minimum 
requirements for use by State governments in reporting to 
the Secretary— 
(A) information concerning disadvantaged business 
enterprise awards, commitments, and achievements; and 
(B) such other information as the Secretary determines 
to be appropriate for the proper monitoring of the disadvan-
taged business enterprise program. 
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this sub-
section limits the eligibility of an individual or entity to receive 
funds made available under titles I, II, III, and VI of this 
Act and section 403 of title 23, United States Code, if the 
entity or person is prevented, in whole or in part, from com-
plying with paragraph (3) because a Federal court issues a 
final order in which the court finds that a requirement or 
the implementation of paragraph (3) is unconstitutional. 
(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUB-
CONTRACTORS.—It is the sense of Congress that— 
(A) the Secretary should take additional steps to ensure 
that recipients comply with section 26.29 of title 49, Code 
of Federal Regulations (the disadvantaged business enter-
prises prompt payment rule), or any corresponding regula-
tion, in awarding federally funded transportation contracts 
under laws and regulations administered by the Secretary; 
and 
(B) such additional steps should include increasing 
the Department’s ability to track and keep records of com-
plaints and to make that information publicly available. 
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129 STAT. 1326 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection (e), and not-
withstanding any other provision of law, the obligations for Federal- 
aid highway and highway safety construction programs shall not 
exceed— 
(1) $42,361,000,000 for fiscal year 2016; 
(2) $43,266,100,000 for fiscal year 2017; 
(3) $44,234,212,000 for fiscal year 2018; 
(4) $45,268,596,000 for fiscal year 2019; and 
(5) $46,365,092,000 for fiscal year 2020. 
(b) EXCEPTIONS.—The limitations under subsection (a) shall 
not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation Assistance 
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 
Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the Surface 
Transportation Assistance Act of 1982 (96 Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 
(101 Stat. 198); 
(6) sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2027); 
(7) section 157 of title 23, United States Code (as in effect 
on June 8, 1998); 
(8) section 105 of title 23, United States Code (as in effect 
for fiscal years 1998 through 2004, but only in an amount 
equal to $639,000,000 for each of those fiscal years); 
(9) Federal-aid highway programs for which obligation 
authority was made available under the Transportation Equity 
Act for the 21st Century (112 Stat. 107) or subsequent Acts 
for multiple years or to remain available until expended, but 
only to the extent that the obligation authority has not lapsed 
or been used; 
(10) section 105 of title 23, United States Code (as in 
effect for fiscal years 2005 through 2012, but only in an amount 
equal to $639,000,000 for each of those fiscal years); 
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 
119 Stat. 1248), to the extent that funds obligated in accordance 
with that section were not subject to a limitation on obligations 
at the time at which the funds were initially made available 
for obligation; 
(12) section 119 of title 23, United States Code (as in 
effect for fiscal years 2013 through 2015, but only in an amount 
equal to $639,000,000 for each of those fiscal years); and 
(13) section 119 of title 23, United States Code (but, for 
fiscal years 2016 through 2020, only in an amount equal to 
$639,000,000 for each of those fiscal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal 
years 2016 through 2020, the Secretary— 
(1) shall not distribute obligation authority provided by 
subsection (a) for the fiscal year for— 
(A) amounts authorized for administrative expenses 
and programs by section 104(a) of title 23, United States 
Code; and 
23 USC 104 note. 
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129 STAT. 1327 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) amounts authorized for the Bureau of Transpor-
tation Statistics; 
(2) shall not distribute an amount of obligation authority 
provided by subsection (a) that is equal to the unobligated 
balance of amounts— 
(A) made available from the Highway Trust Fund 
(other than the Mass Transit Account) for Federal-aid high-
way and highway safety construction programs for previous 
fiscal years the funds for which are allocated by the Sec-
retary (or apportioned by the Secretary under section 202 
or 204 of title 23, United States Code); and 
(B) for which obligation authority was provided in a 
previous fiscal year; 
(3) shall determine the proportion that— 
(A) the obligation authority provided by subsection (a) 
for the fiscal year, less the aggregate of amounts not distrib-
uted under paragraphs (1) and (2) of this subsection; bears 
to 
(B) the total of the sums authorized to be appropriated 
for the Federal-aid highway and highway safety construc-
tion programs (other than sums authorized to be appro-
priated for provisions of law described in paragraphs (1) 
through (12) of subsection (b) and sums authorized to be 
appropriated for section 119 of title 23, United States Code, 
equal to the amount referred to in subsection (b)(13) for 
the fiscal year), less the aggregate of the amounts not 
distributed under paragraphs (1) and (2) of this subsection; 
(4) shall distribute the obligation authority provided by 
subsection (a), less the aggregate amounts not distributed under 
paragraphs (1) and (2), for each of the programs (other than 
programs to which paragraph (1) applies) that are allocated 
by the Secretary under this Act and title 23, United States 
Code, or apportioned by the Secretary under sections 202 or 
204 of that title, by multiplying— 
(A) the proportion determined under paragraph (3); 
by 
(B) the amounts authorized to be appropriated for each 
such program for the fiscal year; and 
(5) shall distribute the obligation authority provided by 
subsection (a), less the aggregate amounts not distributed under 
paragraphs (1) and (2) and the amounts distributed under 
paragraph (4), for Federal-aid highway and highway safety 
construction programs that are apportioned by the Secretary 
under title 23, United States Code (other than the amounts 
apportioned for the national highway performance program 
in section 119 of title 23, United States Code, that are exempt 
from the limitation under subsection (b)(13) and the amounts 
apportioned under sections 202 and 204 of that title) in the 
proportion that— 
(A) amounts authorized to be appropriated for the pro-
grams that are apportioned under title 23, United States 
Code, to each State for the fiscal year; bears to 
(B) the total of the amounts authorized to be appro-
priated for the programs that are apportioned under title 
23, United States Code, to all States for the fiscal year. 
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129 STAT. 1328 
PUBLIC LAW 114–94—DEC. 4, 2015 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding subsection (c), the Secretary shall, after August 1 
of each of fiscal years 2016 through 2020— 
(1) revise a distribution of the obligation authority made 
available under subsection (c) if an amount distributed cannot 
be obligated during that fiscal year; and 
(2) redistribute sufficient amounts to those States able 
to obligate amounts in addition to those previously distributed 
during that fiscal year, giving priority to those States having 
large unobligated balances of funds apportioned under sections 
144 (as in effect on the day before the date of enactment 
of MAP–21 (Public Law 112–141)) and 104 of title 23, United 
States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.— 
(1) IN
GENERAL.—Except as provided in paragraph (2), 
obligation limitations imposed by subsection (a) shall apply 
to contract authority for transportation research programs car-
ried out under— 
(A) chapter 5 of title 23, United States Code; and 
(B) title VI of this Act. 
(2) EXCEPTION.—Obligation authority made available under 
paragraph (1) shall— 
(A) remain available for a period of 4 fiscal years; 
and 
(B) be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and high-
way safety construction programs for future fiscal years. 
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of distribution of obligation authority under subsection (c) for 
each of fiscal years 2016 through 2020, the Secretary shall 
distribute to the States any funds (excluding funds authorized 
for the program under section 202 of title 23, United States 
Code) that— 
(A) are authorized to be appropriated for the fiscal 
year for Federal-aid highway programs; and 
(B) the Secretary determines will not be allocated to 
the States (or will not be apportioned to the States under 
section 204 of title 23, United States Code), and will not 
be available for obligation, for the fiscal year because of 
the imposition of any obligation limitation for the fiscal 
year. 
(2) RATIO.—Funds shall be distributed under paragraph 
(1) in the same proportion as the distribution of obligation 
authority under subsection (c)(5). 
(3) AVAILABILITY.—Funds distributed to each State under 
paragraph (1) shall be available for any purpose described 
in section 133(b) of title 23, United States Code. 
SEC. 1103. DEFINITIONS. 
Section 101(a) of title 23, United States Code, is amended— 
(1) by striking paragraph (29); 
(2) by redesignating paragraphs (15) through (28) as para-
graphs (16) through (29), respectively; and 
(3) by inserting after paragraph (14) the following: 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(15) NATIONAL
HIGHWAY
FREIGHT
NETWORK.—The term 
‘National Highway Freight Network’ means the National High-
way Freight Network established under section 167.’’. 
SEC. 1104. APPORTIONMENT. 
(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23, 
United States Code, is amended to read as follows: 
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to be made available to the Secretary for administra-
tive expenses of the Federal Highway Administration— 
‘‘(A) $453,000,000 for fiscal year 2016; 
‘‘(B) $459,795,000 for fiscal year 2017; 
‘‘(C) $466,691,925 for fiscal year 2018; 
‘‘(D) $473,692,304 for fiscal year 2019; and 
‘‘(E) $480,797,689 for fiscal year 2020.’’. 
(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF BASE 
APPORTIONMENT.—Section 104(b) of title 23, United States Code, 
is amended— 
(1) by striking ‘‘(b) DIVISION OF’’ and all that follows before 
paragraph (1) and inserting the following: 
‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF BASE 
APPORTIONMENT.—The Secretary shall distribute the amount of 
the base apportionment apportioned to a State for a fiscal year 
under subsection (c) among the national highway performance pro-
gram, the surface transportation block grant program, the highway 
safety improvement program, the congestion mitigation and air 
quality improvement program, the national highway freight pro-
gram, and to carry out section 134 as follows:’’; 
(2) in paragraphs (1), (2), and (3) by striking ‘‘paragraphs 
(4) and (5)’’ each place it appears and inserting ‘‘paragraphs 
(4), (5), and (6)’’; 
(3) in paragraph (2)— 
(A) in the paragraph heading by striking ‘‘SURFACE 
TRANSPORTATION
PROGRAM’’ 
and 
inserting 
‘‘SURFACE 
TRANSPORTATION BLOCK GRANT PROGRAM’’; and 
(B) by striking ‘‘surface transportation program’’ and 
inserting ‘‘surface transportation block grant program’’; 
(4) in paragraph (4), in the matter preceding subparagraph 
(A), by striking ‘‘the amount determined for the State under 
subsection (c)’’ and inserting ‘‘the amount of the base apportion-
ment remaining for the State under subsection (c) after making 
the set aside in accordance with paragraph (5)’’; 
(5) by redesignating paragraph (5) as paragraph (6); 
(6) by inserting after paragraph (4) the following: 
‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— 
‘‘(A) IN GENERAL.—For the national highway freight 
program under section 167, the Secretary shall set aside 
from the base apportionment determined for a State under 
subsection (c) an amount determined for the State under 
subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount set aside for 
the national highway freight program for all States shall 
be— 
‘‘(i) $1,150,000,000 for fiscal year 2016; 
‘‘(ii) $1,100,000,000 for fiscal year 2017; 
‘‘(iii) $1,200,000,000 for fiscal year 2018; 
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129 STAT. 1330 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(iv) $1,350,000,000 for fiscal year 2019; and 
‘‘(v) $1,500,000,000 for fiscal year 2020. 
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary 
shall distribute among the States the total set-aside 
amount for the national highway freight program under 
subparagraph (B) so that each State receives the amount 
equal to the proportion that— 
‘‘(i) the total base apportionment determined for 
the State under subsection (c); bears to 
‘‘(ii) the total base apportionments for all States 
under subsection (c). 
‘‘(D) METROPOLITAN
PLANNING.—Of the amount set 
aside under this paragraph for a State, the Secretary shall 
use to carry out section 134 an amount determined by 
multiplying the set-aside amount by the proportion that— 
‘‘(i) the amount apportioned to the State to carry 
out section 134 for fiscal year 2009; bears to 
‘‘(ii) the total amount of funds apportioned to the 
State for that fiscal year for the programs referred 
to in section 105(a)(2) (except for the high priority 
projects program referred to in section 105(a)(2)(H)), 
as in effect on the day before the date of enactment 
of MAP–21 (Public Law 112–141; 126 Stat. 405).’’; and 
(7) in paragraph (6) (as so redesignated), in the matter 
preceding subparagraph (A), by striking ‘‘the amount deter-
mined for the State under subsection (c)’’ and inserting ‘‘the 
amount of the base apportionment remaining for a State under 
subsection (c) after making the set aside in accordance with 
paragraph (5)’’. 
(c) CALCULATION OF STATE AMOUNTS.—Section 104(c) of title 
23, United States Code, is amended to read as follows: 
‘‘(c) CALCULATION OF AMOUNTS.— 
‘‘(1) STATE SHARE.—For each of fiscal years 2016 through 
2020, the amount for each State shall be determined as follows: 
‘‘(A) INITIAL AMOUNTS.—The initial amounts for each 
State shall be determined by multiplying— 
‘‘(i) each of— 
‘‘(I) the base apportionment; 
‘‘(II) supplemental funds reserved under sub-
section (h)(1) for the national highway performance 
program; and 
‘‘(III) supplemental funds reserved under sub-
section (h)(2) for the surface transportation block 
grant program; by 
‘‘(ii) the share for each State, which shall be equal 
to the proportion that— 
‘‘(I) the amount of apportionments that the 
State received for fiscal year 2015; bears to 
‘‘(II) the amount of those apportionments 
received by all States for that fiscal year. 
‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial amounts 
resulting from the calculation under subparagraph (A) shall 
be adjusted to ensure that each State receives an aggregate 
apportionment equal to at least 95 percent of the estimated 
tax payments attributable to highway users in the State 
paid into the Highway Trust Fund (other than the Mass 
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129 STAT. 1331 
PUBLIC LAW 114–94—DEC. 4, 2015 
Transit Account) in the most recent fiscal year for which 
data are available. 
‘‘(2) STATE APPORTIONMENT.—On October 1 of fiscal years 
2016 through 2020, the Secretary shall apportion the sums 
authorized to be appropriated for expenditure on the national 
highway performance program under section 119, the surface 
transportation block grant program under section 133, the high-
way safety improvement program under section 148, the conges-
tion mitigation and air quality improvement program under 
section 149, the national highway freight program under section 
167, and to carry out section 134 in accordance with paragraph 
(1).’’. 
(d) SUPPLEMENTAL FUNDS.—Section 104 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(h) SUPPLEMENTAL FUNDS.— 
‘‘(1) 
SUPPLEMENTAL
FUNDS
FOR
NATIONAL
HIGHWAY 
PERFORMANCE PROGRAM.— 
‘‘(A) AMOUNT.—Before making an apportionment for 
a fiscal year under subsection (c), the Secretary shall 
reserve for the national highway performance program 
under section 119 for that fiscal year an amount equal 
to— 
‘‘(i) $53,596,122 for fiscal year 2019; and 
‘‘(ii) $66,717,816 for fiscal year 2020. 
‘‘(B) TREATMENT
OF
FUNDS.—Funds reserved under 
subparagraph (A) and apportioned to a State under sub-
section (c) shall be treated as if apportioned under sub-
section (b)(1), and shall be in addition to amounts appor-
tioned under that subsection. 
‘‘(2) SUPPLEMENTAL FUNDS FOR SURFACE TRANSPORTATION 
BLOCK GRANT PROGRAM.— 
‘‘(A) AMOUNT.—Before making an apportionment for 
a fiscal year under subsection (c), the Secretary shall 
reserve for the surface transportation block grant program 
under section 133 for that fiscal year an amount equal 
to— 
‘‘(i) $835,000,000 for each of fiscal years 2016 and 
2017 pursuant to section 133(h), plus— 
‘‘(I) $55,426,310 for fiscal year 2016; and 
‘‘(II) $89,289,904 for fiscal year 2017; and 
‘‘(ii) $850,000,000 for each of fiscal years 2018 
through 2020 pursuant to section 133(h), plus— 
‘‘(I) $118,013,536 for fiscal year 2018; 
‘‘(II) $130,688,367 for fiscal year 2019; and 
‘‘(III) $170,053,448 for fiscal year 2020. 
‘‘(B) TREATMENT
OF
FUNDS.—Funds reserved under 
subparagraph (A) and apportioned to a State under sub-
section (c) shall be treated as if apportioned under sub-
section (b)(2), and shall be in addition to amounts appor-
tioned under that subsection. 
‘‘(i) BASE APPORTIONMENT DEFINED.—In this section, the term 
‘base apportionment’ means— 
‘‘(1) the combined amount authorized for appropriation for 
the national highway performance program under section 119, 
the surface transportation block grant program under section 
133, the highway safety improvement program under section 
148, the congestion mitigation and air quality improvement 
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129 STAT. 1332 
PUBLIC LAW 114–94—DEC. 4, 2015 
program under section 149, the national highway freight pro-
gram under section 167, and to carry out section 134; minus 
‘‘(2) supplemental funds reserved under subsection (h) for 
the national highway performance program and the surface 
transportation block grant program.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 104(d)(1)(A) of title 23, United States Code, 
is amended by striking ‘‘subsection (b)(5)’’ each place it appears 
and inserting ‘‘paragraphs (5)(D) and (6) of subsection (b)’’. 
(2) Section 120(c)(3) of title 23, United States Code, is 
amended— 
(A) in subparagraph (A) in the matter preceding clause 
(i), by striking ‘‘or (5)’’ and inserting ‘‘(5)(D), or (6)’’; and 
(B) in subparagraph (C)(i) by striking ‘‘and (5)’’ and 
inserting ‘‘(5)(D), and (6)’’. 
(3) Section 135(i) of title 23, United States Code, is 
amended by striking ‘‘section 104(b)(5)’’ and inserting ‘‘para-
graphs (5)(D) and (6) of section 104(b)’’. 
(4) Section 136(b) of title 23, United States Code, is 
amended in the first sentence by striking ‘‘paragraphs (1) 
through (5) of section 104(b)’’ and inserting ‘‘paragraphs (1) 
through (6) of section 104(b)’’. 
(5) Section 141(b)(2) of title 23, United States Code, is 
amended by striking ‘‘paragraphs (1) through (5) of section 
104(b)’’ and inserting ‘‘paragraphs (1) through (6) of section 
104(b)’’. 
(6) Section 505(a) of title 23, United States Code, is 
amended in the matter preceding paragraph (1) by striking 
‘‘through (4)’’ and inserting ‘‘through (5)’’. 
SEC. 
1105. 
NATIONALLY 
SIGNIFICANT 
FREIGHT 
AND 
HIGHWAY 
PROJECTS. 
(a) IN GENERAL.—Title 23, United States Code, is amended 
by inserting after section 116 the following: 
‘‘§ 117. Nationally significant freight and highway projects 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established a nationally signifi-
cant freight and highway projects program to provide financial 
assistance for projects of national or regional significance. 
‘‘(2) GOALS.—The goals of the program shall be to— 
‘‘(A) improve the safety, efficiency, and reliability of 
the movement of freight and people; 
‘‘(B) generate national or regional economic benefits 
and an increase in the global economic competitiveness 
of the United States; 
‘‘(C) reduce highway congestion and bottlenecks; 
‘‘(D) improve connectivity between modes of freight 
transportation; 
‘‘(E) enhance the resiliency of critical highway infra-
structure and help protect the environment; 
‘‘(F) improve roadways vital to national energy security; 
and 
‘‘(G) address the impact of population growth on the 
movement of people and freight. 
‘‘(b) GRANT AUTHORITY.— 
23 USC 117. 
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129 STAT. 1333 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) IN GENERAL.—In carrying out the program established 
in subsection (a), the Secretary may make grants, on a competi-
tive basis, in accordance with this section. 
‘‘(2) GRANT AMOUNT.—Except as otherwise provided, each 
grant made under this section shall be in an amount that 
is at least $25,000,000. 
‘‘(c) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—The Secretary may make a grant under 
this section to the following: 
‘‘(A) A State or a group of States. 
‘‘(B) A metropolitan planning organization that serves 
an urbanized area (as defined by the Bureau of the Census) 
with a population of more than 200,000 individuals. 
‘‘(C) A unit of local government or a group of local 
governments. 
‘‘(D) A political subdivision of a State or local govern-
ment. 
‘‘(E) A special purpose district or public authority with 
a transportation function, including a port authority. 
‘‘(F) A Federal land management agency that applies 
jointly with a State or group of States. 
‘‘(G) A tribal government or a consortium of tribal 
governments. 
‘‘(H) A multistate or multijurisdictional group of enti-
ties described in this paragraph. 
‘‘(2) APPLICATIONS.—To be eligible for a grant under this 
section, an entity specified in paragraph (1) shall submit to 
the Secretary an application in such form, at such time, and 
containing such information as the Secretary determines is 
appropriate. 
‘‘(d) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—Except as provided in subsection (e), 
the Secretary may make a grant under this section only for 
a project that— 
‘‘(A) is— 
‘‘(i) a highway freight project carried out on the 
National Highway Freight Network established under 
section 167; 
‘‘(ii) a highway or bridge project carried out on 
the National Highway System, including— 
‘‘(I) a project to add capacity to the Interstate 
System to improve mobility; or 
‘‘(II) a project in a national scenic area; 
‘‘(iii) a freight project that is— 
‘‘(I) a freight intermodal or freight rail project; 
or 
‘‘(II) within the boundaries of a public or pri-
vate freight rail, water (including ports), or inter-
modal facility and that is a surface transportation 
infrastructure project necessary to facilitate direct 
intermodal interchange, transfer, or access into 
or out of the facility; or 
‘‘(iv) a railway-highway grade crossing or grade 
separation project; and 
‘‘(B) has eligible project costs that are reasonably 
anticipated to equal or exceed the lesser of— 
‘‘(i) $100,000,000; or 
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129 STAT. 1334 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ii) in the case of a project— 
‘‘(I) located in 1 State, 30 percent of the 
amount apportioned under this chapter to the 
State in the most recently completed fiscal year; 
or 
‘‘(II) located in more than 1 State, 50 percent 
of the amount apportioned under this chapter to 
the participating State with the largest apportion-
ment under this chapter in the most recently com-
pleted fiscal year. 
‘‘(2) LIMITATION.— 
‘‘(A) IN GENERAL.—Not more than $500,000,000 of the 
amounts made available for grants under this section for 
fiscal years 2016 through 2020, in the aggregate, may 
be used to make grants for projects described in paragraph 
(1)(A)(iii) and such a project may only receive a grant 
under this section if— 
‘‘(i) the project will make a significant improve-
ment to freight movements on the National Highway 
Freight Network; and 
‘‘(ii) the Federal share of the project funds only 
elements of the project that provide public benefits. 
‘‘(B) EXCLUSIONS.—The limitation under subparagraph 
(A)— 
‘‘(i) shall not apply to a railway-highway grade 
crossing or grade separation project; and 
‘‘(ii) with respect to a multimodal project, shall 
apply only to the non-highway portion or portions of 
the project. 
‘‘(e) SMALL PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary shall reserve 10 percent 
of the amounts made available for grants under this section 
each fiscal year to make grants for projects described in sub-
section (d)(1)(A) that do not satisfy the minimum threshold 
under subsection (d)(1)(B). 
‘‘(2) GRANT AMOUNT.—Each grant made under this sub-
section shall be in an amount that is at least $5,000,000. 
‘‘(3) PROJECT SELECTION CONSIDERATIONS.—In addition to 
other applicable requirements, in making grants under this 
subsection the Secretary shall consider— 
‘‘(A) the cost effectiveness of the proposed project; and 
‘‘(B) the effect of the proposed project on mobility in 
the State and region in which the project is carried out. 
‘‘(f) ELIGIBLE PROJECT COSTS.—Grant amounts received for a 
project under this section may be used for— 
‘‘(1) development phase activities, including planning, feasi-
bility analysis, revenue forecasting, environmental review, 
preliminary 
engineering 
and 
design 
work, 
and 
other 
preconstruction activities; and 
‘‘(2) construction, reconstruction, rehabilitation, acquisition 
of real property (including land related to the project and 
improvements to the land), environmental mitigation, construc-
tion contingencies, acquisition of equipment, and operational 
improvements directly related to improving system perform-
ance. 
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may select a 
project described under this section (other than subsection (e)) 
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129 STAT. 1335 
PUBLIC LAW 114–94—DEC. 4, 2015 
for funding under this section only if the Secretary determines 
that— 
‘‘(1) the project will generate national or regional economic, 
mobility, or safety benefits; 
‘‘(2) the project will be cost effective; 
‘‘(3) the project will contribute to the accomplishment of 
1 or more of the national goals described under section 150 
of this title; 
‘‘(4) the project is based on the results of preliminary 
engineering; 
‘‘(5) with respect to related non-Federal financial commit-
ments— 
‘‘(A) 1 or more stable and dependable sources of funding 
and financing are available to construct, maintain, and 
operate the project; and 
‘‘(B) contingency amounts are available to cover 
unanticipated cost increases; 
‘‘(6) the project cannot be easily and efficiently completed 
without other Federal funding or financial assistance available 
to the project sponsor; and 
‘‘(7) the project is reasonably expected to begin construction 
not later than 18 months after the date of obligation of funds 
for the project. 
‘‘(h) ADDITIONAL CONSIDERATIONS.—In making a grant under 
this section, the Secretary shall consider— 
‘‘(1) utilization of nontraditional financing, innovative 
design and construction techniques, or innovative technologies; 
‘‘(2) utilization of non-Federal contributions; and 
‘‘(3) contributions to geographic diversity among grant 
recipients, including the need for a balance between the needs 
of rural and urban communities. 
‘‘(i) RURAL AREAS.— 
‘‘(1) IN
GENERAL.—The Secretary shall reserve not less 
than 25 percent of the amounts made available for grants 
under this section, including the amounts made available under 
subsection (e), each fiscal year to make grants for projects 
located in rural areas. 
‘‘(2) EXCESS FUNDING.—In any fiscal year in which qualified 
applications for grants under this subsection will not allow 
for the amount reserved under paragraph (1) to be fully utilized, 
the Secretary shall use the unutilized amounts to make other 
grants under this section. 
‘‘(3) RURAL AREA DEFINED.—In this subsection, the term 
‘rural area’ means an area that is outside an urbanized area 
with a population of over 200,000. 
‘‘(j) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the cost of a project 
assisted with a grant under this section may not exceed 60 
percent. 
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance 
other than a grant under this section may be used to satisfy 
the non-Federal share of the cost of a project for which such 
a grant is made, except that the total Federal assistance pro-
vided for a project receiving a grant under this section may 
not exceed 80 percent of the total project cost. 
‘‘(3) FEDERAL
LAND
MANAGEMENT
AGENCIES.—Notwith-
standing any other provision of law, any Federal funds other 
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129 STAT. 1336 
PUBLIC LAW 114–94—DEC. 4, 2015 
than those made available under this title or title 49 may 
be used to pay the non-Federal share of the cost of a project 
carried out under this section by a Federal land management 
agency, as described under subsection (c)(1)(F). 
‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Notwithstanding any 
other provision of law, a freight project carried out under this 
section shall be treated as if the project is located on a Federal- 
aid highway. 
‘‘(l) TIFIA PROGRAM.—At the request of an eligible applicant 
under this section, the Secretary may use amounts awarded to 
the entity to pay subsidy and administrative costs necessary to 
provide the entity Federal credit assistance under chapter 6 with 
respect to the project for which the grant was awarded. 
‘‘(m) CONGRESSIONAL NOTIFICATION.— 
‘‘(1) NOTIFICATION.— 
‘‘(A) IN GENERAL.—At least 60 days before making a 
grant for a project under this section, the Secretary shall 
notify, in writing, the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate 
of the proposed grant. The notification shall include an 
evaluation and justification for the project and the amount 
of the proposed grant award. 
‘‘(B) MULTIMODAL PROJECTS.—In addition to the notice 
required under subparagraph (A), the Secretary shall notify 
the Committee on Commerce, Science, and Transportation 
of the Senate before making a grant for a project described 
in subsection (d)(1)(A)(iii). 
‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Secretary may not 
make a grant or any other obligation or commitment to fund 
a project under this section if a joint resolution is enacted 
disapproving funding for the project before the last day of 
the 60-day period described in paragraph (1). 
‘‘(n) REPORTS.— 
‘‘(1) ANNUAL REPORT.—The Secretary shall make available 
on the Web site of the Department of Transportation at the 
end of each fiscal year an annual report that lists each project 
for which a grant has been provided under this section during 
that fiscal year. 
‘‘(2) COMPTROLLER GENERAL.— 
‘‘(A) ASSESSMENT.—The Comptroller General of the 
United States shall conduct an assessment of the adminis-
trative establishment, solicitation, selection, and justifica-
tion process with respect to the funding of grants under 
this section. 
‘‘(B) REPORT.—Not later than 1 year after the initial 
awarding of grants under this section, the Comptroller 
General shall submit to the Committee on Environment 
and Public Works of the Senate, the Committee on Com-
merce, Science, and Transportation of the Senate, and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report that describes— 
‘‘(i) the adequacy and fairness of the process by 
which each project was selected, if applicable; and 
‘‘(ii) the justification and criteria used for the selec-
tion of each project, if applicable.’’. 
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129 STAT. 1337 
PUBLIC LAW 114–94—DEC. 4, 2015 
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 
23, United States Code, is amended by inserting after the item 
relating to section 116 the following: 
‘‘117. Nationally significant freight and highway projects.’’. 
(c) REPEAL.—Section 1301 of SAFETEA–LU (23 U.S.C. 101 
note), and the item relating to that section in the table of contents 
in section 1(b) of such Act, are repealed. 
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘(h) TIFIA PROGRAM.—Upon Secretarial approval of credit 
assistance under chapter 6, the Secretary, at the request of a 
State, may allow the State to use funds apportioned under section 
104(b)(1) to pay subsidy and administrative costs necessary to pro-
vide an eligible entity Federal credit assistance under chapter 6 
with respect to a project eligible for assistance under this section. 
‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CERTAIN BRIDGES.— 
‘‘(1) IN GENERAL.—Funds apportioned to a State to carry 
out the national highway performance program may be obli-
gated for a project for the reconstruction, resurfacing, restora-
tion, rehabilitation, or preservation of a bridge not on the 
National Highway System, if the bridge is on a Federal-aid 
highway. 
‘‘(2) LIMITATION.—A State required to make obligations 
under subsection (f) shall ensure such requirements are satis-
fied in order to use the flexibility under paragraph (1). 
‘‘(j) CRITICAL INFRASTRUCTURE.— 
‘‘(1) CRITICAL
INFRASTRUCTURE
DEFINED.—In this sub-
section, the term ‘critical infrastructure’ means those facilities 
the incapacity or failure of which would have a debilitating 
impact on national or regional economic security, national or 
regional energy security, national or regional public health 
or safety, or any combination of those matters. 
‘‘(2) CONSIDERATION.—The asset management plan of a 
State may include consideration of critical infrastructure from 
among those facilities in the State that are eligible under 
subsection (c). 
‘‘(3) RISK REDUCTION.—A State may use funds apportioned 
under this section for projects intended to reduce the risk 
of failure of critical infrastructure in the State.’’. 
SEC. 1107. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS. 
(a) ELIGIBILITY.—Section 125(d)(3) of title 23, United States 
Code, is amended— 
(1) in subparagraph (A) by striking ‘‘or’’ at the end; 
(2) in subparagraph (B) by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) projects eligible for assistance under this section 
located on tribal transportation facilities, Federal lands 
transportation facilities, or other federally owned roads 
that are open to public travel (as defined in subsection 
(e)(1)).’’. 
(b) DEFINITIONS.—Section 125(e) of title 23, United States Code, 
is amended by striking paragraph (1) and inserting the following: 
23 USC 
prec. 101. 
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129 STAT. 1338 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
‘‘(A) OPEN TO PUBLIC TRAVEL.—The term ‘open to public 
travel’ means, with respect to a road, that, except during 
scheduled periods, extreme weather conditions, or emer-
gencies, the road— 
‘‘(i) is maintained; 
‘‘(ii) is open to the general public; and 
‘‘(iii) can accommodate travel by a standard pas-
senger vehicle, without restrictive gates or prohibitive 
signs or regulations, other than for general traffic con-
trol or restrictions based on size, weight, or class of 
registration. 
‘‘(B) 
STANDARD
PASSENGER
VEHICLE.—The 
term 
‘standard passenger vehicle’ means a vehicle with 6 inches 
of clearance from the lowest point of the frame, body, 
suspension, or differential to the ground.’’. 
SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. 
Section 130(e)(1) of title 23, United States Code, is amended 
to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) SET
ASIDE.—Before making an apportionment 
under section 104(b)(3) for a fiscal year, the Secretary 
shall set aside, from amounts made available to carry out 
the highway safety improvement program under section 
148 for such fiscal year, for the elimination of hazards 
and the installation of protective devices at railway-high-
way crossings at least— 
‘‘(i) $225,000,000 for fiscal year 2016; 
‘‘(ii) $230,000,000 for fiscal year 2017; 
‘‘(iii) $235,000,000 for fiscal year 2018; 
‘‘(iv) $240,000,000 for fiscal year 2019; and 
‘‘(v) $245,000,000 for fiscal year 2020. 
‘‘(B) INSTALLATION OF PROTECTIVE DEVICES.—At least 
1⁄2 of the funds set aside each fiscal year under subpara-
graph (A) shall be available for the installation of protective 
devices at railway-highway crossings. 
‘‘(C) OBLIGATION AVAILABILITY.—Sums set aside each 
fiscal year under subparagraph (A) shall be available for 
obligation in the same manner as funds apportioned under 
section 104(b)(1).’’. 
SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. 
(a) FINDINGS.—Congress finds that— 
(1) the benefits of the surface transportation block grant 
program accrue principally to the residents of each State and 
municipality where the funds are obligated; 
(2) decisions about how funds should be obligated are best 
determined by the States and municipalities to respond to 
unique local circumstances and implement the most efficient 
solutions; and 
(3) reforms of the program to promote flexibility will 
enhance State and local control over transportation decisions. 
(b) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—Sec-
tion 133 of title 23, United States Code, is amended— 
(1) by striking subsections (a), (b), (c), and (d) and inserting 
the following: 
23 USC 133 note. 
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129 STAT. 1339 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a surface 
transportation block grant program in accordance with this section 
to provide flexible funding to address State and local transportation 
needs. 
‘‘(b) ELIGIBLE PROJECTS.—Funds apportioned to a State under 
section 104(b)(2) for the surface transportation block grant program 
may be obligated for the following: 
‘‘(1) Construction of— 
‘‘(A) highways, bridges, tunnels, including designated 
routes of the Appalachian development highway system 
and local access roads under section 14501 of title 40; 
‘‘(B) ferry boats and terminal facilities eligible for 
funding under section 129(c); 
‘‘(C) transit capital projects eligible for assistance under 
chapter 53 of title 49; 
‘‘(D) infrastructure-based intelligent transportation 
systems capital improvements; 
‘‘(E) truck parking facilities eligible for funding under 
section 1401 of MAP–21 (23 U.S.C. 137 note); and 
‘‘(F) border infrastructure projects eligible for funding 
under section 1303 of SAFETEA–LU (23 U.S.C. 101 note). 
‘‘(2) Operational improvements and capital and operating 
costs for traffic monitoring, management, and control facilities 
and programs. 
‘‘(3) Environmental measures eligible under sections 119(g), 
328, and 329 and transportation control measures listed in 
section 108(f)(1)(A) (other than clause (xvi) of that section) 
of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)). 
‘‘(4) Highway and transit safety infrastructure improve-
ments 
and 
programs, 
including 
railway-highway 
grade 
crossings. 
‘‘(5) Fringe and corridor parking facilities and programs 
in accordance with section 137 and carpool projects in accord-
ance with section 146. 
‘‘(6) Recreational trails projects eligible for funding under 
section 206, pedestrian and bicycle projects in accordance with 
section 217 (including modifications to comply with accessibility 
requirements under the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.)), and the safe routes to school program 
under section 1404 of SAFETEA–LU (23 U.S.C. 402 note). 
‘‘(7) Planning, design, or construction of boulevards and 
other roadways largely in the right-of-way of former Interstate 
System routes or other divided highways. 
‘‘(8) Development and implementation of a State asset 
management plan for the National Highway System and a 
performance-based management program for other public roads. 
‘‘(9) Protection (including painting, scour countermeasures, 
seismic retrofits, impact protection measures, security counter-
measures, and protection against extreme events) for bridges 
(including approaches to bridges and other elevated structures) 
and tunnels on public roads, and inspection and evaluation 
of bridges and tunnels and other highway assets. 
‘‘(10) Surface transportation planning programs, highway 
and transit research and development and technology transfer 
programs, and workforce development, training, and education 
under chapter 5 of this title. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(11) Surface transportation infrastructure modifications 
to facilitate direct intermodal interchange, transfer, and access 
into and out of a port terminal. 
‘‘(12) Projects and strategies designed to support congestion 
pricing, including electronic toll collection and travel demand 
management strategies and programs. 
‘‘(13) At the request of a State, and upon Secretarial 
approval of credit assistance under chapter 6, subsidy and 
administrative costs necessary to provide an eligible entity 
Federal credit assistance under chapter 6 with respect to a 
project eligible for assistance under this section. 
‘‘(14) The creation and operation by a State of an office 
to assist in the design, implementation, and oversight of public- 
private partnerships eligible to receive funding under this title 
and chapter 53 of title 49, and the payment of a stipend 
to unsuccessful private bidders to offset their proposal develop-
ment costs, if necessary to encourage robust competition in 
public-private partnership procurements. 
‘‘(15) Any type of project eligible under this section as 
in effect on the day before the date of enactment of the FAST 
Act, including projects described under section 101(a)(29) as 
in effect on such day. 
‘‘(c) LOCATION OF PROJECTS.—A surface transportation block 
grant project may not be undertaken on a road functionally classi-
fied as a local road or a rural minor collector unless the road 
was on a Federal-aid highway system on January 1, 1991, except— 
‘‘(1) for a bridge or tunnel project (other than the construc-
tion of a new bridge or tunnel at a new location); 
‘‘(2) for a project described in paragraphs (4) through (11) 
of subsection (b); 
‘‘(3) for a project described in section 101(a)(29), as in 
effect on the day before the date of enactment of the FAST 
Act; and 
‘‘(4) as approved by the Secretary. 
‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO AREAS BASED 
ON POPULATION.— 
‘‘(1) CALCULATION.—Of the funds apportioned to a State 
under section 104(b)(2) (after the reservation of funds under 
subsection (h))— 
‘‘(A) the percentage specified in paragraph (6) for a 
fiscal year shall be obligated under this section, in propor-
tion to their relative shares of the population of the State— 
‘‘(i) in urbanized areas of the State with an urban-
ized area population of over 200,000; 
‘‘(ii) in areas of the State other than urban areas 
with a population greater than 5,000; and 
‘‘(iii) in other areas of the State; and 
‘‘(B) the remainder may be obligated in any area of 
the State. 
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urban-
ized area under paragraph (1)(A)(i) may be obligated in the 
metropolitan area established under section 134 that encom-
passes the urbanized area. 
‘‘(3) CONSULTATION WITH REGIONAL TRANSPORTATION PLAN-
NING
ORGANIZATIONS.—For purposes of paragraph (1)(A)(iii), 
before obligating funding attributed to an area with a popu-
lation greater than 5,000 and less than 200,000, a State shall 
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129 STAT. 1341 
PUBLIC LAW 114–94—DEC. 4, 2015 
consult with the regional transportation planning organizations 
that represent the area, if any. 
‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000 
POPULATION.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amount of funds that a State is required to obligate 
under paragraph (1)(A)(i) shall be obligated in urbanized 
areas described in paragraph (1)(A)(i) based on the relative 
population of the areas. 
‘‘(B) OTHER
FACTORS.—The State may obligate the 
funds described in subparagraph (A) based on other factors 
if the State and the relevant metropolitan planning 
organizations jointly apply to the Secretary for the permis-
sion to base the obligation on other factors and the Sec-
retary grants the request. 
‘‘(5) APPLICABILITY OF PLANNING REQUIREMENTS.—Program-
ming and expenditure of funds for projects under this section 
shall be consistent with sections 134 and 135. 
‘‘(6) PERCENTAGE.—The percentage referred to in paragraph 
(1)(A) is— 
‘‘(A) for fiscal year 2016, 51 percent; 
‘‘(B) for fiscal year 2017, 52 percent; 
‘‘(C) for fiscal year 2018, 53 percent; 
‘‘(D) for fiscal year 2019, 54 percent; and 
‘‘(E) for fiscal year 2020, 55 percent.’’; 
(2) by striking the section heading and inserting ‘‘Surface 
transportation block grant program’’; 
(3) by striking subsection (e); 
(4) by redesignating subsections (f) through (h) as sub-
sections (e) through (g), respectively; 
(5) in subsection (e)(1), as redesignated by this subsection— 
(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’; 
and 
(B) by striking ‘‘fiscal years 2011 through 2014’’ and 
inserting ‘‘fiscal years 2016 through 2020’’; 
(6) in subsection (g)(1), as redesignated by this subsection, 
by striking ‘‘under subsection (d)(1)(A)(iii) for each of fiscal 
years 2013 through 2014’’ and inserting ‘‘under subsection 
(d)(1)(A)(ii) for each of fiscal years 2016 through 2020’’; and 
(7) by adding at the end the following: 
‘‘(h) STP SET-ASIDE.— 
‘‘(1) RESERVATION
OF
FUNDS.—Of the funds apportioned 
to a State under section 104(b)(2) for each fiscal year, the 
Secretary shall reserve an amount such that— 
‘‘(A) the Secretary reserves a total under this sub-
section of— 
‘‘(i) $835,000,000 for each of fiscal years 2016 and 
2017; and 
‘‘(ii) $850,000,000 for each of fiscal years 2018 
through 2020; and 
‘‘(B) the State’s share of that total is determined by 
multiplying the amount under subparagraph (A) by the 
ratio that— 
‘‘(i) the amount apportioned to the State for the 
transportation enhancements program for fiscal year 
2009 under section 133(d)(2), as in effect on the day 
before the date of enactment of MAP–21; bears to 
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129 STAT. 1342 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ii) the total amount of funds apportioned to all 
States for the transportation enhancements program 
for fiscal year 2009. 
‘‘(2) ALLOCATION WITHIN A STATE.—Funds reserved for a 
State under paragraph (1) shall be obligated within that State 
in the manner described in subsection (d), except that, for 
purposes of this paragraph (after funds are made available 
under paragraph (5))— 
‘‘(A) for each fiscal year, the percentage referred to 
in paragraph (1)(A) of that subsection shall be deemed 
to be 50 percent; and 
‘‘(B) the following provisions shall not apply: 
‘‘(i) Paragraph (3) of subsection (d). 
‘‘(ii) Subsection (e). 
‘‘(3) ELIGIBLE PROJECTS.—Funds reserved under this sub-
section may be obligated for projects or activities described 
in section 101(a)(29) or 213, as such provisions were in effect 
on the day before the date of enactment of the FAST Act. 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State or metropolitan planning 
organization required to obligate funds in accordance with 
paragraph (2) shall develop a competitive process to allow 
eligible entities to submit projects for funding that achieve 
the objectives of this subsection. A metropolitan planning 
organization for an area described in subsection (d)(1)(A)(i) 
shall select projects under such process in consultation 
with the relevant State. 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this paragraph, the 
term ‘eligible entity’ means— 
‘‘(i) a local government; 
‘‘(ii) a regional transportation authority; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land agency; 
‘‘(v) a school district, local education agency, or 
school; 
‘‘(vi) a tribal government; 
‘‘(vii) a nonprofit entity responsible for the adminis-
tration of local transportation safety programs; and 
‘‘(viii) any other local or regional governmental 
entity with responsibility for or oversight of transpor-
tation or recreational trails (other than a metropolitan 
planning organization or a State agency) that the State 
determines to be eligible, consistent with the goals 
of this subsection. 
‘‘(5) CONTINUATION
OF
CERTAIN
RECREATIONAL
TRAILS 
PROJECTS.—For each fiscal year, a State shall— 
‘‘(A) obligate an amount of funds reserved under this 
section equal to the amount of the funds apportioned to 
the State for fiscal year 2009 under section 104(h)(2), as 
in effect on the day before the date of enactment of MAP– 
21, for projects relating to recreational trails under section 
206; 
‘‘(B) return 1 percent of those funds to the Secretary 
for the administration of that program; and 
‘‘(C) comply with the provisions of the administration 
of the recreational trails program under section 206, 
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129 STAT. 1343 
PUBLIC LAW 114–94—DEC. 4, 2015 
including the use of apportioned funds described in sub-
section (d)(3)(A) of that section. 
‘‘(6) STATE FLEXIBILITY.— 
‘‘(A) RECREATIONAL TRAILS.—A State may opt out of 
the recreational trails program under paragraph (5) if the 
Governor of the State notifies the Secretary not later than 
30 days prior to apportionments being made for any fiscal 
year. 
‘‘(B) LARGE URBANIZED AREAS.—A metropolitan plan-
ning area may use not to exceed 50 percent of the funds 
reserved under this subsection for an urbanized area 
described in subsection (d)(1)(A)(i) for any purpose eligible 
under subsection (b). 
‘‘(7) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metropolitan planning 
organization responsible for carrying out the requirements 
of this subsection shall submit to the Secretary an annual 
report that describes— 
‘‘(i) the number of project applications received 
for each fiscal year, including— 
‘‘(I) the aggregate cost of the projects for which 
applications are received; and 
‘‘(II) the types of projects to be carried out, 
expressed as percentages of the total apportion-
ment of the State under this subsection; and 
‘‘(ii) the number of projects selected for funding 
for each fiscal year, including the aggregate cost and 
location of projects selected. 
‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make 
available to the public, in a user-friendly format on the 
Web site of the Department of Transportation, a copy of 
each annual report submitted under subparagraph (A). 
‘‘(i) TREATMENT
OF
PROJECTS.—Notwithstanding any other 
provision of law, projects funded under this section (excluding those 
carried out under subsection (h)(5)) shall be treated as projects 
on a Federal-aid highway under this chapter.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SECTION 126.—Section 126(b)(2) of title 23, United States 
Code, is amended— 
(A) by striking ‘‘section 213’’ and inserting ‘‘section 
133(h)’’; and 
(B) by striking ‘‘section 213(c)(1)(B)’’ and inserting ‘‘sec-
tion 133(h)’’. 
(2) SECTION 213.—Section 213 of title 23, United States 
Code, is repealed. 
(3) SECTION 322.—Section 322(h)(3) of title 23, United States 
Code, is amended by striking ‘‘surface transportation program’’ 
and inserting ‘‘surface transportation block grant program’’. 
(4) SECTION 504.—Section 504(a)(4) of title 23, United States 
Code, is amended— 
(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’; 
and 
(B) by striking ‘‘surface transportation program’’ and 
inserting ‘‘surface transportation block grant program’’. 
(5) CHAPTER 1.—Chapter 1 of title 23, United States Code, 
is amended by striking ‘‘surface transportation program’’ each 
23 USC 108,140, 
142,149,165. 
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129 STAT. 1344 
PUBLIC LAW 114–94—DEC. 4, 2015 
place it appears and inserting ‘‘surface transportation block 
grant program’’. 
(6) CHAPTER ANALYSES.— 
(A) CHAPTER 1.—The analysis for chapter 1 of title 
23, United States Code, is amended by striking the item 
relating to section 133 and inserting the following: 
‘‘133. Surface transportation block grant program.’’. 
(B) CHAPTER 2.—The item relating to section 213 in 
the analysis for chapter 2 of title 23, United States Code, 
is repealed. 
(7) OTHER REFERENCES.—Any reference in any other law, 
regulation, document, paper, or other record of the United 
States to the surface transportation program under section 
133 of title 23, United States Code, shall be deemed to be 
a reference to the surface transportation block grant program 
under such section. 
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143(b) of title 23, United States Code, is amended— 
(1) by striking paragraph (2)(A) and inserting the following: 
‘‘(A) IN GENERAL.—From administrative funds made 
available under section 104(a), the Secretary may deduct 
such sums as are necessary, not to exceed $4,000,000 for 
each of fiscal years 2016 through 2020, to carry out this 
section.’’; 
(2) in the heading for paragraph (8) by inserting ‘‘BLOCK 
GRANT’’ after ‘‘SURFACE TRANSPORTATION’’; and 
(3) in paragraph (9) by inserting ‘‘, the Committee on 
Transportation and Infrastructure of the House of Representa-
tives, and the Committee on Environment and Public Works 
of the Senate’’ after ‘‘the Secretary’’. 
SEC. 1111. BUNDLING OF BRIDGE PROJECTS. 
Section 144 of title 23, United States Code, is amended— 
(1) in subsection (c)(2)(A) by striking ‘‘the natural condition 
of the bridge’’ and inserting ‘‘the natural condition of the water’’; 
(2) by redesignating subsection (j) as subsection (k); 
(3) by inserting after subsection (i) the following: 
‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 
‘‘(1) PURPOSE.—The purpose of this subsection is to save 
costs and time by encouraging States to bundle multiple bridge 
projects as 1 project. 
‘‘(2) ELIGIBLE ENTITY DEFINED.—In this subsection, the term 
‘eligible entity’ means an entity eligible to carry out a bridge 
project under section 119 or 133. 
‘‘(3) BUNDLING
OF
BRIDGE
PROJECTS.—An eligible entity 
may bundle 2 or more similar bridge projects that are— 
‘‘(A) eligible projects under section 119 or 133; 
‘‘(B) included as a bundled project in a transportation 
improvement program under section 134(j) or a statewide 
transportation improvement program under section 135, 
as applicable; and 
‘‘(C) awarded to a single contractor or consultant pursu-
ant to a contract for engineering and design or construction 
between the contractor and an eligible entity. 
23 USC 133 note. 
23 USC 
prec. 201. 
23 USC 
prec. 101. 
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129 STAT. 1345 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(4) ITEMIZATION.—Notwithstanding any other provision of 
law (including regulations), a bundling of bridge projects under 
this subsection may be listed as— 
‘‘(A) 1 project for purposes of sections 134 and 135; 
and 
‘‘(B) a single project. 
‘‘(5) FINANCIAL CHARACTERISTICS.—Projects bundled under 
this subsection shall have the same financial characteristics, 
including— 
‘‘(A) the same funding category or subcategory; and 
‘‘(B) the same Federal share. 
‘‘(6) ENGINEERING COST REIMBURSEMENT.—The provisions 
of section 102(b) do not apply to projects carried out under 
this subsection.’’; and 
(4) in subsection (k)(2), as redesignated by paragraph (2) 
of this section, by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’. 
SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
FACILITIES. 
(a) CONSTRUCTION
OF FERRY BOATS
AND FERRY TERMINAL 
FACILITIES.—Section 147 of title 23, United States Code, is 
amended— 
(1) in subsection (a), in the subsection heading, by striking 
‘‘IN GENERAL.—’’ and inserting ‘‘PROGRAM.—’’; and 
(2) by striking subsections (d) through (g) and inserting 
the following: 
‘‘(d) FORMULA.—Of the amounts allocated under subsection (c)— 
‘‘(1) 35 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the number of ferry passengers, including pas-
sengers in vehicles, carried by each ferry system in the 
most recent calendar year for which data is available; 
bears to 
‘‘(B) the number of ferry passengers, including pas-
sengers in vehicles, carried by all ferry systems in the 
most recent calendar year for which data is available; 
‘‘(2) 35 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the number of vehicles carried by each ferry 
system in the most recent calendar year for which data 
is available; bears to 
‘‘(B) the number of vehicles carried by all ferry systems 
in the most recent calendar year for which data is available; 
and 
‘‘(3) 30 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the total route nautical miles serviced by each 
ferry system in the most recent calendar year for which 
data is available; bears to 
‘‘(B) the total route nautical miles serviced by all ferry 
systems in the most recent calendar year for which data 
is available. 
‘‘(e) REDISTRIBUTION
OF UNOBLIGATED AMOUNTS.—The Sec-
retary shall— 
‘‘(1) withdraw amounts allocated to an eligible entity under 
subsection (c) that remain unobligated by the end of the third 
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129 STAT. 1346 
PUBLIC LAW 114–94—DEC. 4, 2015 
fiscal year following the fiscal year for which the amounts 
were allocated; and 
‘‘(2) in the subsequent fiscal year, redistribute the amounts 
referred to in paragraph (1) in accordance with the formula 
under subsection (d) among eligible entities for which no 
amounts were withdrawn under paragraph (1). 
‘‘(f) MINIMUM AMOUNT.—Notwithstanding subsection (c), a State 
with an eligible entity that meets the requirements of this section 
shall receive not less than $100,000 under this section for a fiscal 
year. 
‘‘(g) IMPLEMENTATION.— 
‘‘(1) DATA COLLECTION.— 
‘‘(A) NATIONAL FERRY DATABASE.—Amounts made avail-
able for a fiscal year under this section shall be allocated 
using the most recent data available, as collected and 
imputed in accordance with the national ferry database 
established under section 1801(e) of SAFETEA–LU (23 
U.S.C. 129 note). 
‘‘(B) ELIGIBILITY
FOR
FUNDING.—To be eligible to 
receive funds under subsection (c), data shall have been 
submitted in the most recent collection of data for the 
national ferry database under section 1801(e) of SAFETEA– 
LU (23 U.S.C. 129 note) for at least 1 ferry service within 
the State. 
‘‘(2) ADJUSTMENTS.—On review of the data submitted under 
paragraph (1)(B), the Secretary may make adjustments to the 
data as the Secretary determines necessary to correct 
misreported or inconsistent data. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated out of the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section $80,000,000 
for each of fiscal years 2016 through 2020. 
‘‘(i) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b), 
funds made available to carry out this section shall remain available 
until expended. 
‘‘(j) APPLICABILITY.—All provisions of this chapter that are 
applicable to the National Highway System, other than provisions 
relating to apportionment formula and Federal share, shall apply 
to funds made available to carry out this section, except as deter-
mined by the Secretary to be inconsistent with this section.’’. 
(b) 
NATIONAL
FERRY
DATABASE.—Section 
1801(e)(4) 
of 
SAFETEA–LU (23 U.S.C. 129 note) is amended by striking subpara-
graph (D) and inserting the following: 
‘‘(D) make available, from the amounts made available 
for each fiscal year to carry out chapter 63 of title 49, 
not more than $500,000 to maintain the database.’’. 
(c) CONFORMING AMENDMENTS.—Section 129(c) of title 23, 
United States Code, is amended— 
(1) in paragraph (2), in the first sentence, by inserting 
‘‘or on a public transit ferry eligible under chapter 53 of title 
49’’ after ‘‘Interstate System’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘(3) Such ferry’’ and inserting ‘‘(3)(A) 
The ferry’’; and 
(B) by adding at the end the following: 
‘‘(B) Any Federal participation shall not involve the 
construction or purchase, for private ownership, of a ferry boat, 
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129 STAT. 1347 
PUBLIC LAW 114–94—DEC. 4, 2015 
ferry terminal facility, or other eligible project under this sec-
tion.’’; 
(3) in paragraph (4) by striking ‘‘and repair,’’ and inserting 
‘‘repair,’’; and 
(4) by striking paragraph (6) and inserting the following: 
‘‘(6) The ferry service shall be maintained in accordance 
with section 116. 
‘‘(7)(A) No ferry boat or ferry terminal with Federal partici-
pation under this title may be sold, leased, or otherwise dis-
posed of, except in accordance with part 200 of title 2, Code 
of Federal Regulations. 
‘‘(B) The Federal share of any proceeds from a disposition 
referred to in subparagraph (A) shall be used for eligible pur-
poses under this title.’’. 
SEC. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) in the matter preceding clause (i), by striking 
‘‘includes, but is not limited to,’’ and inserting ‘‘only 
includes’’; and 
(ii) by adding at the end the following: 
‘‘(xxv) 
Installation 
of 
vehicle-to-infrastructure 
communication equipment. 
‘‘(xxvi) Pedestrian hybrid beacons. 
‘‘(xxvii) Roadway improvements that provide sepa-
ration between pedestrians and motor vehicles, 
including medians and pedestrian crossing islands. 
‘‘(xxviii) A physical infrastructure safety project 
not described in clauses (i) through (xxvii).’’; 
(B) by striking paragraph (10); and 
(C) by redesignating paragraphs (11) through (13) as 
paragraphs (10) through (12), respectively; 
(2) in subsection (c)(1)(A) by striking ‘‘subsections (a)(12)’’ 
and inserting ‘‘subsections (a)(11)’’; 
(3) in subsection (d)(2)(B)(i) by striking ‘‘subsection (a)(12)’’ 
and inserting ‘‘subsection (a)(11)’’; and 
(4) by adding at the end the following: 
‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC ROADS.— 
‘‘(1) IN GENERAL.—A State may elect not to collect funda-
mental data elements for the model inventory of roadway ele-
ments on public roads that are gravel roads or otherwise 
unpaved if— 
‘‘(A) the State does not use funds provided to carry 
out this section for a project on any such roads until the 
State completes a collection of the required model inventory 
of roadway elements for the applicable road segment; and 
‘‘(B) the State demonstrates that the State consulted 
with affected Indian tribes before ceasing to collect data 
with respect to such roads that are included in the National 
Tribal Transportation Facility Inventory under section 
202(b)(1) of this title. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
may be construed to allow a State to cease data collection 
related to serious injuries or fatalities.’’. 
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129 STAT. 1348 
PUBLIC LAW 114–94—DEC. 4, 2015 
(b) COMMERCIAL MOTOR VEHICLE SAFETY BEST PRACTICES.— 
(1) REVIEW.—The Secretary shall conduct a review of best 
practices with respect to the implementation of roadway safety 
infrastructure improvements that— 
(A) are cost effective; and 
(B) reduce the number or severity of accidents involving 
commercial motor vehicles. 
(2) CONSULTATION.—In conducting the review under para-
graph (1), the Secretary shall consult with State transportation 
departments and units of local government. 
(3) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public 
Works of the Senate a report describing the results of the 
review conducted under paragraph (1). 
SEC. 1114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
PROGRAM. 
Section 149 of title 23, United States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(i)(I) by inserting ‘‘in the des-
ignated nonattainment area’’ after ‘‘air quality standard’’; 
(B) in paragraph (3) by inserting ‘‘or maintenance’’ 
after ‘‘likely to contribute to the attainment’’; 
(C) in paragraph (4) by striking ‘‘attainment of’’ and 
inserting ‘‘attainment or maintenance in the area of’’; 
(D) in paragraph (7) by striking ‘‘or’’ at the end; 
(E) in paragraph (8)— 
(i) in subparagraph (A)(ii)— 
(I) in the matter preceding subclause (I) by 
inserting ‘‘or port-related freight operations’’ after 
‘‘construction projects’’; and 
(II) in subclause (II) by inserting ‘‘or chapter 
53 of title 49’’ after ‘‘this title’’; and 
(ii) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; or’’; and 
(F) by adding at the end the following: 
‘‘(9) if the project or program is for the installation of 
vehicle-to-infrastructure communication equipment.’’; 
(2) in subsection (c)(2) by inserting ‘‘(giving priority to 
corridors designated under section 151)’’ after ‘‘at any location 
in the State’’; 
(3) in subsection (d)— 
(A) by striking paragraph (1)(B) and inserting the fol-
lowing: 
‘‘(B) is eligible under the surface transportation block 
grant program under section 133.’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause (i) by 
inserting ‘‘would otherwise be eligible under sub-
section (b) if the project were carried out in a 
nonattainment or maintenance area or’’ after ‘‘may 
use for any project that’’; and 
(II) in clause (i) by striking ‘‘paragraph (l)’’ 
and inserting ‘‘subsection (k)(1)’’; and 
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129 STAT. 1349 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) in subparagraph (B)(i) by striking ‘‘MAP–21t’’ 
and inserting ‘‘MAP–21’’; and 
(C) in paragraph (3) by inserting ‘‘, in a manner con-
sistent with the approach that was in effect on the day 
before the date of enactment of MAP–21,’’ after ‘‘the Sec-
retary shall modify’’; 
(4) in subsection (g)(2)(B) by striking ‘‘not later that’’ and 
inserting ‘‘not later than’’; 
(5) in subsection (k) by adding at the end the following: 
‘‘(3) PM2.5 NONATTAINMENT
AND
MAINTENANCE
IN
LOW 
POPULATION DENSITY STATES.— 
‘‘(A) EXCEPTION.—In any State with a population den-
sity of 80 or fewer persons per square mile of land area, 
based on the most recent decennial census, the require-
ments under subsection (g)(3) and paragraphs (1) and (2) 
of this subsection shall not apply to a nonattainment or 
maintenance area in the State if— 
‘‘(i) the nonattainment or maintenance area does 
not have projects that are part of the emissions anal-
ysis of a metropolitan transportation plan or transpor-
tation improvement program; and 
‘‘(ii) regional motor vehicle emissions are an 
insignificant contributor to the air quality problem for 
PM2.5 in the nonattainment or maintenance area. 
‘‘(B) CALCULATION.—If subparagraph (A) applies to a 
nonattainment or maintenance area in a State, the percent-
age of the PM2.5 set-aside under paragraph (1) shall be 
reduced for that State proportionately based on the 
weighted population of the area in fine particulate matter 
nonattainment. 
‘‘(4) PORT-RELATED
EQUIPMENT
AND
VEHICLES.—To meet 
the requirements under paragraph (1), a State or metropolitan 
planning organization may elect to obligate funds to the most 
cost-effective projects to reduce emissions from port-related 
landside nonroad or on-road equipment that is operated within 
the boundaries of a PM2.5 nonattainment or maintenance 
area.’’; 
(6) in subsection (l)(1)(B) by inserting ‘‘air quality and 
traffic congestion’’ before ‘‘performance targets’’; and 
(7) in subsection (m) by striking ‘‘section 104(b)(2)’’ and 
inserting ‘‘section 104(b)(4)’’. 
SEC. 1115. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. 
Section 165(a) of title 23, United States Code, is amended— 
(1) in paragraph (1) by striking ‘‘$150,000,000’’ and 
inserting ‘‘$158,000,000’’; and 
(2) in paragraph (2) by striking ‘‘$40,000,000’’ and inserting 
‘‘$42,000,000’’. 
SEC. 1116. NATIONAL HIGHWAY FREIGHT PROGRAM. 
(a) IN GENERAL.—Section 167 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 167. National highway freight program 
‘‘(a) IN GENERAL.— 
‘‘(1) POLICY.—It is the policy of the United States to 
improve the condition and performance of the National Highway 
Freight Network established under this section to ensure that 
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129 STAT. 1350 
PUBLIC LAW 114–94—DEC. 4, 2015 
the Network provides the foundation for the United States 
to compete in the global economy and achieve the goals 
described in subsection (b). 
‘‘(2) ESTABLISHMENT.—In support of the goals described 
in subsection (b), the Administrator of the Federal Highway 
Administration shall establish a national highway freight pro-
gram in accordance with this section to improve the efficient 
movement of freight on the National Highway Freight Network. 
‘‘(b) GOALS.—The goals of the national highway freight program 
are— 
‘‘(1) to invest in infrastructure improvements and to imple-
ment operational improvements on the highways of the United 
States that— 
‘‘(A) strengthen the contribution of the National High-
way Freight Network to the economic competitiveness of 
the United States; 
‘‘(B) reduce congestion and bottlenecks on the National 
Highway Freight Network; 
‘‘(C) reduce the cost of freight transportation; 
‘‘(D) improve the year-round reliability of freight 
transportation; and 
‘‘(E) increase productivity, particularly for domestic 
industries and businesses that create high-value jobs; 
‘‘(2) to improve the safety, security, efficiency, and resiliency 
of freight transportation in rural and urban areas; 
‘‘(3) to improve the state of good repair of the National 
Highway Freight Network; 
‘‘(4) to use innovation and advanced technology to improve 
the safety, efficiency, and reliability of the National Highway 
Freight Network; 
‘‘(5) to improve the efficiency and productivity of the 
National Highway Freight Network; 
‘‘(6) to improve the flexibility of States to support multi- 
State corridor planning and the creation of multi-State 
organizations to increase the ability of States to address high-
way freight connectivity; and 
‘‘(7) to reduce the environmental impacts of freight move-
ment on the National Highway Freight Network. 
‘‘(c) ESTABLISHMENT
OF NATIONAL HIGHWAY FREIGHT NET-
WORK.— 
‘‘(1) IN
GENERAL.—The Administrator shall establish a 
National Highway Freight Network in accordance with this 
section to strategically direct Federal resources and policies 
toward improved performance of the Network. 
‘‘(2) 
NETWORK
COMPONENTS.—The 
National 
Highway 
Freight Network shall consist of— 
‘‘(A) the primary highway freight system, as designated 
under subsection (d); 
‘‘(B) critical rural freight corridors established under 
subsection (e); 
‘‘(C) critical urban freight corridors established under 
subsection (f); and 
‘‘(D) the portions of the Interstate System not des-
ignated as part of the primary highway freight system. 
‘‘(d) DESIGNATION AND REDESIGNATION OF THE PRIMARY HIGH-
WAY FREIGHT SYSTEM.— 
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129 STAT. 1351 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGHWAY FREIGHT 
SYSTEM.—The initial designation of the primary highway freight 
system shall be the 41,518-mile network identified during the 
designation process for the primary freight network under sec-
tion 167(d) of this title, as in effect on the day before the 
date of enactment of the FAST Act. 
‘‘(2) 
REDESIGNATION
OF
PRIMARY
HIGHWAY
FREIGHT 
SYSTEM.— 
‘‘(A) IN GENERAL.—Beginning 5 years after the date 
of enactment of the FAST Act, and every 5 years thereafter, 
using the designation factors described in subparagraph 
(E), the Administrator shall redesignate the primary high-
way freight system. 
‘‘(B) REDESIGNATION
MILEAGE.—Each redesignation 
may increase the mileage on the primary highway freight 
system by not more than 3 percent of the total mileage 
of the system. 
‘‘(C) USE OF MEASURABLE DATA.—In redesignating the 
primary highway freight system, to the maximum extent 
practicable, the Administrator shall use measurable data 
to assess the significance of goods movement, including 
consideration of points of origin, destinations, and linking 
components of the United States global and domestic supply 
chains. 
‘‘(D) INPUT.—In redesignating the primary highway 
freight system, the Administrator shall provide an oppor-
tunity for State freight advisory committees, as applicable, 
to submit additional miles for consideration. 
‘‘(E) FACTORS FOR REDESIGNATION.—In redesignating 
the primary highway freight system, the Administrator 
shall consider— 
‘‘(i) changes in the origins and destinations of 
freight movement in, to, and from the United States; 
‘‘(ii) changes in the percentage of annual daily 
truck traffic in the annual average daily traffic on 
principal arterials; 
‘‘(iii) changes in the location of key facilities; 
‘‘(iv) land and water ports of entry; 
‘‘(v) access to energy exploration, development, 
installation, or production areas; 
‘‘(vi) access to other freight intermodal facilities, 
including rail, air, water, and pipelines facilities; 
‘‘(vii) the total freight tonnage and value moved 
via highways; 
‘‘(viii) significant freight bottlenecks, as identified 
by the Administrator; 
‘‘(ix) the significance of goods movement on prin-
cipal arterials, including consideration of global and 
domestic supply chains; 
‘‘(x) critical emerging freight corridors and critical 
commerce corridors; and 
‘‘(xi) network connectivity. 
‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.— 
‘‘(1) IN GENERAL.—A State may designate a public road 
within the borders of the State as a critical rural freight corridor 
if the public road is not in an urbanized area and— 
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129 STAT. 1352 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) is a rural principal arterial roadway and has a 
minimum of 25 percent of the annual average daily traffic 
of the road measured in passenger vehicle equivalent units 
from trucks (Federal Highway Administration vehicle class 
8 to 13); 
‘‘(B) provides access to energy exploration, develop-
ment, installation, or production areas; 
‘‘(C) connects the primary highway freight system, a 
roadway described in subparagraph (A) or (B), or the Inter-
state System to facilities that handle more than— 
‘‘(i) 50,000 20-foot equivalent units per year; or 
‘‘(ii) 500,000 tons per year of bulk commodities; 
‘‘(D) provides access to— 
‘‘(i) a grain elevator; 
‘‘(ii) an agricultural facility; 
‘‘(iii) a mining facility; 
‘‘(iv) a forestry facility; or 
‘‘(v) an intermodal facility; 
‘‘(E) connects to an international port of entry; 
‘‘(F) provides access to significant air, rail, water, or 
other freight facilities in the State; or 
‘‘(G) is, in the determination of the State, vital to 
improving the efficient movement of freight of importance 
to the economy of the State. 
‘‘(2) LIMITATION.—A State may designate as critical rural 
freight corridors a maximum of 150 miles of highway or 20 
percent of the primary highway freight system mileage in the 
State, whichever is greater. 
‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— 
‘‘(1) URBANIZED
AREA
WITH
POPULATION
OF
500,000
OR 
MORE.—In an urbanized area with a population of 500,000 
or more individuals, the representative metropolitan planning 
organization, in consultation with the State, may designate 
a public road within the borders of that area of the State 
as a critical urban freight corridor. 
‘‘(2) URBANIZED
AREA
WITH
A
POPULATION
LESS
THAN 
500,000.—In an urbanized area with a population of less than 
500,000 individuals, the State, in consultation with the rep-
resentative metropolitan planning organization, may designate 
a public road within the borders of that area of the State 
as a critical urban freight corridor. 
‘‘(3) REQUIREMENTS FOR DESIGNATION.—A designation may 
be made under paragraph (1) or (2) if the public road— 
‘‘(A) is in an urbanized area, regardless of population; 
and 
‘‘(B)(i) connects an intermodal facility to— 
‘‘(I) the primary highway freight system; 
‘‘(II) the Interstate System; or 
‘‘(III) an intermodal freight facility; 
‘‘(ii) is located within a corridor of a route on the 
primary highway freight system and provides an alter-
native highway option important to goods movement; 
‘‘(iii) serves a major freight generator, logistic center, 
or manufacturing and warehouse industrial land; or 
‘‘(iv) is important to the movement of freight within 
the region, as determined by the metropolitan planning 
organization or the State. 
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129 STAT. 1353 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(4) LIMITATION.—For each State, a maximum of 75 miles 
of highway or 10 percent of the primary highway freight system 
mileage in the State, whichever is greater, may be designated 
as a critical urban freight corridor under paragraphs (1) and 
(2). 
‘‘(g) DESIGNATION AND CERTIFICATION.— 
‘‘(1) DESIGNATION.—States and metropolitan planning 
organizations may designate corridors under subsections (e) 
and (f) and submit the designated corridors to the Adminis-
trator on a rolling basis. 
‘‘(2) CERTIFICATION.—Each State or metropolitan planning 
organization that designates a corridor under subsection (e) 
or (f) shall certify to the Administrator that the designated 
corridor meets the requirements of the applicable subsection. 
‘‘(h) HIGHWAY
FREIGHT
TRANSPORTATION
CONDITIONS
AND 
PERFORMANCE REPORTS.—Not later than 2 years after the date 
of enactment of the FAST Act, and biennially thereafter, the 
Administrator shall prepare and submit to Congress a report that 
describes the conditions and performance of the National Highway 
Freight Network in the United States. 
‘‘(i) USE OF APPORTIONED FUNDS.— 
‘‘(1) IN GENERAL.—A State shall obligate funds apportioned 
to the State under section 104(b)(5) to improve the movement 
of freight on the National Highway Freight Network. 
‘‘(2) FORMULA.—The Administrator shall calculate for each 
State the proportion that— 
‘‘(A) the total mileage in the State designated as part 
of the primary highway freight system; bears to 
‘‘(B) the total mileage of the primary highway freight 
system in all States. 
‘‘(3) USE OF FUNDS.— 
‘‘(A) STATES
WITH
HIGH
PRIMARY
HIGHWAY
FREIGHT 
SYSTEM MILEAGE.—If the proportion of a State under para-
graph (2) is greater than or equal to 2 percent, the State 
may obligate funds apportioned to the State under section 
104(b)(5) for projects on— 
‘‘(i) the primary highway freight system; 
‘‘(ii) critical rural freight corridors; and 
‘‘(iii) critical urban freight corridors. 
‘‘(B) STATES
WITH
LOW
PRIMARY
HIGHWAY
FREIGHT 
SYSTEM MILEAGE.—If the proportion of a State under para-
graph (2) is less than 2 percent, the State may obligate 
funds apportioned to the State under section 104(b)(5) for 
projects on any component of the National Highway Freight 
Network. 
‘‘(4) FREIGHT PLANNING.—Notwithstanding any other provi-
sion of law, effective beginning 2 years after the date of enact-
ment of the FAST Act, a State may not obligate funds appor-
tioned to the State under section 104(b)(5) unless the State 
has developed a freight plan in accordance with section 70202 
of title 49, except that the multimodal component of the plan 
may be incomplete before an obligation may be made under 
this section. 
‘‘(5) ELIGIBILITY.— 
‘‘(A) IN
GENERAL.—Except as provided in this sub-
section, for a project to be eligible for funding under this 
section the project shall— 
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129 STAT. 1354 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) contribute to the efficient movement of freight 
on the National Highway Freight Network; and 
‘‘(ii) be identified in a freight investment plan 
included in a freight plan of the State that is in effect. 
‘‘(B) OTHER PROJECTS.—For each fiscal year, a State 
may obligate not more than 10 percent of the total appor-
tionment of the State under section 104(b)(5) for freight 
intermodal or freight rail projects, including projects— 
‘‘(i) within the boundaries of public or private 
freight rail or water facilities (including ports); and 
‘‘(ii) that provide surface transportation infrastruc-
ture necessary to facilitate direct intermodal inter-
change, transfer, and access into or out of the facility. 
‘‘(C) ELIGIBLE
PROJECTS.—Funds apportioned to the 
State under section 104(b)(5) for the national highway 
freight program may be obligated to carry out 1 or more 
of the following: 
‘‘(i) Development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, environ-
mental review, preliminary engineering and design 
work, and other preconstruction activities. 
‘‘(ii) Construction, reconstruction, rehabilitation, 
acquisition of real property (including land relating 
to the project and improvements to land), construction 
contingencies, acquisition of equipment, and oper-
ational improvements directly relating to improving 
system performance. 
‘‘(iii) Intelligent transportation systems and other 
technology to improve the flow of freight, including 
intelligent freight transportation systems. 
‘‘(iv) Efforts to reduce the environmental impacts 
of freight movement. 
‘‘(v) Environmental and community mitigation for 
freight movement. 
‘‘(vi) Railway-highway grade separation. 
‘‘(vii) Geometric improvements to interchanges and 
ramps. 
‘‘(viii) Truck-only lanes. 
‘‘(ix) Climbing and runaway truck lanes. 
‘‘(x) Adding or widening of shoulders. 
‘‘(xi) Truck parking facilities eligible for funding 
under section 1401 of MAP–21 (23 U.S.C. 137 note). 
‘‘(xii) Real-time traffic, truck parking, roadway 
condition, and multimodal transportation information 
systems. 
‘‘(xiii) Electronic screening and credentialing sys-
tems for vehicles, including weigh-in-motion truck 
inspection technologies. 
‘‘(xiv) Traffic signal optimization, including syn-
chronized and adaptive signals. 
‘‘(xv) Work zone management and information sys-
tems. 
‘‘(xvi) Highway ramp metering. 
‘‘(xvii) Electronic cargo and border security tech-
nologies that improve truck freight movement. 
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129 STAT. 1355 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(xviii) Intelligent transportation systems that 
would increase truck freight efficiencies inside the 
boundaries of intermodal facilities. 
‘‘(xix) Additional road capacity to address highway 
freight bottlenecks. 
‘‘(xx) Physical separation of passenger vehicles 
from commercial motor freight. 
‘‘(xxi) Enhancement of the resiliency of critical 
highway infrastructure, including highway infrastruc-
ture that supports national energy security, to improve 
the flow of freight. 
‘‘(xxii) A highway or bridge project, other than 
a project described in clauses (i) through (xxi), to 
improve the flow of freight on the National Highway 
Freight Network. 
‘‘(xxiii) Any other surface transportation project 
to improve the flow of freight into and out of a facility 
described in subparagraph (B). 
‘‘(6) OTHER ELIGIBLE COSTS.—In addition to the eligible 
projects identified in paragraph (5), a State may use funds 
apportioned under section 104(b)(5) for— 
‘‘(A) carrying out diesel retrofit or alternative fuel 
projects under section 149 for class 8 vehicles; and 
‘‘(B) the necessary costs of— 
‘‘(i) conducting analyses and data collection related 
to the national highway freight program; 
‘‘(ii) developing and updating performance targets 
to carry out this section; and 
‘‘(iii) reporting to the Administrator to comply with 
the freight performance target under section 150. 
‘‘(7) APPLICABILITY OF PLANNING REQUIREMENTS.—Program-
ming and expenditure of funds for projects under this section 
shall be consistent with the requirements of sections 134 and 
135. 
‘‘(j) STATE PERFORMANCE TARGETS.—If the Administrator deter-
mines that a State has not met or made significant progress toward 
meeting the performance targets related to freight movement of 
the State established under section 150(d) by the date that is 
2 years after the date of the establishment of the performance 
targets, the State shall include in the next report submitted under 
section 150(e) a description of the actions the State will undertake 
to achieve the targets, including— 
‘‘(1) an identification of significant freight system trends, 
needs, and issues within the State; 
‘‘(2) a description of the freight policies and strategies that 
will guide the freight-related transportation investments of the 
State; 
‘‘(3) an inventory of freight bottlenecks within the State 
and a description of the ways in which the State is allocating 
national highway freight program funds to improve those bottle-
necks; and 
‘‘(4) a description of the actions the State will undertake 
to meet the performance targets of the State. 
‘‘(k) INTELLIGENT FREIGHT TRANSPORTATION SYSTEM.— 
‘‘(1) DEFINITION OF INTELLIGENT FREIGHT TRANSPORTATION 
SYSTEM.—In this section, the term ‘intelligent freight transpor-
tation system’ means— 
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129 STAT. 1356 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) innovative or intelligent technological transpor-
tation systems, infrastructure, or facilities, including ele-
vated freight transportation facilities— 
‘‘(i) in proximity to, or within, an existing right 
of way on a Federal-aid highway; or 
‘‘(ii) that connect land ports-of entry to existing 
Federal-aid highways; or 
‘‘(B) communications or information processing systems 
that improve the efficiency, security, or safety of freight 
movements on the Federal-aid highway system, including 
to improve the conveyance of freight on dedicated intel-
ligent freight lanes. 
‘‘(2) OPERATING
STANDARDS.—The Administrator shall 
determine whether there is a need for establishing operating 
standards for intelligent freight transportation systems. 
‘‘(l) TREATMENT OF FREIGHT PROJECTS.—Notwithstanding any 
other provision of law, a freight project carried out under this 
section shall be treated as if the project were on a Federal-aid 
highway.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 
23, United States Code, is amended by striking the item relating 
to section 167 and inserting the following: 
‘‘167. National highway freight program.’’. 
(c) REPEALS.—Sections 1116, 1117, and 1118 of MAP–21 (23 
U.S.C. 167 note), and the items relating to such sections in the 
table of contents in section 1(c) of such Act, are repealed. 
SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PRO-
GRAMS. 
(a) TRIBAL DATA COLLECTION.—Section 201(c)(6) of title 23, 
United States Code, is amended by adding at the end the following: 
‘‘(C) TRIBAL DATA COLLECTION.—In addition to the data 
to be collected under subparagraph (A), not later than 
90 days after the last day of each fiscal year, any entity 
carrying out a project under the tribal transportation pro-
gram under section 202 shall submit to the Secretary and 
the Secretary of the Interior, based on obligations and 
expenditures under the tribal transportation program 
during the preceding fiscal year, the following data: 
‘‘(i) The names of projects and activities carried 
out by the entity under the tribal transportation pro-
gram during the preceding fiscal year. 
‘‘(ii) A description of the projects and activities 
identified under clause (i). 
‘‘(iii) The current status of the projects and activi-
ties identified under clause (i). 
‘‘(iv) An estimate of the number of jobs created 
and the number of jobs retained by the projects and 
activities identified under clause (i).’’. 
(b) REPORT ON TRIBAL GOVERNMENT TRANSPORTATION SAFETY 
DATA.— 
(1) FINDINGS.—Congress finds that— 
(A) in many States, the Native American population 
is disproportionately represented in fatalities and crash 
statistics; 
23 USC 
prec. 101. 
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129 STAT. 1357 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) improved crash reporting by tribal law enforcement 
agencies would facilitate safety planning and would enable 
Indian tribes to apply more successfully for State and Fed-
eral funds for safety improvements; 
(C) the causes of underreporting of crashes on Indian 
reservations include— 
(i) tribal law enforcement capacity, including— 
(I) staffing shortages and turnover; and 
(II) lack of equipment, software, and training; 
and 
(ii) lack of standardization in crash reporting forms 
and protocols; and 
(D) without more accurate reporting of crashes on 
Indian reservations, it is difficult or impossible to fully 
understand the nature of the problem and develop appro-
priate countermeasures, which may include effective 
transportation safety planning and programs aimed at— 
(i) driving under the influence (DUI) prevention; 
(ii) pedestrian safety; 
(iii) roadway safety improvements; 
(iv) seat belt usage; and 
(v) proper use of child restraints. 
(2) REPORT TO CONGRESS.— 
(A) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, after consultation 
with the Secretary of Interior, the Secretary of Health 
and Human Services, the Attorney General, and Indian 
tribes, shall submit to the Committee on Environment and 
Public Works and the Committee on Indian Affairs of the 
Senate and the Committee on Transportation and Infra-
structure and the Committee on Natural Resources of the 
House of Representatives a report describing the quality 
of transportation safety data collected by States, counties, 
and Indian tribes for transportation safety systems and 
the relevance of that data to improving the collection and 
sharing of data on crashes on Indian reservations. 
(B) PURPOSES.—The purposes of the report are— 
(i) to improve the collection and sharing of data 
on crashes on Indian reservations; and 
(ii) to develop data that Indian tribes can use 
to recover damages to tribal property caused by motor-
ists. 
(C) PAPERLESS
DATA
REPORTING.—In preparing the 
report, the Secretary shall provide States, counties, and 
Indian tribes with options and best practices for transition 
to a paperless transportation safety data reporting system 
that— 
(i) improves the collection of crash reports; 
(ii) stores, archives, queries, and shares crash 
records; and 
(iii) uses data exclusively— 
(I) to address traffic safety issues on Indian 
reservations; and 
(II) to identify and improve problem areas on 
public roads on Indian reservations. 
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129 STAT. 1358 
PUBLIC LAW 114–94—DEC. 4, 2015 
(D) ADDITIONAL
BUDGETARY
RESOURCES.—The Sec-
retary shall include in the report the identification of Fed-
eral transportation funds provided to Indian tribes by agen-
cies in addition to the Department and the Department 
of the Interior. 
(c) STUDY
ON BUREAU
OF INDIAN AFFAIRS ROAD SAFETY.— 
Not later than 2 years after the date of enactment of this Act, 
the Secretary, in consultation with the Secretary of Interior, the 
Attorney General, States, and Indian tribes shall— 
(1) complete a study that identifies and evaluates options 
for improving safety on public roads on Indian reservations; 
and 
(2) submit to the Committee on Environment and Public 
Works and the Committee on Indian Affairs of the Senate 
and the Committee on Transportation and Infrastructure and 
the Committee on Natural Resources of the House of Represent-
atives a report describing the results of the study. 
SEC. 1118. TRIBAL TRANSPORTATION PROGRAM AMENDMENT. 
Section 202 of title 23, United States Code, is amended— 
(1) in subsection (a)(6) by striking ‘‘6 percent’’ and inserting 
‘‘5 percent’’; and 
(2) in subsection (d)(2) in the matter preceding subpara-
graph (A) by striking ‘‘2 percent’’ and inserting ‘‘3 percent’’. 
SEC. 1119. FEDERAL LANDS TRANSPORTATION PROGRAM. 
Section 203 of title 23, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (B) by striking ‘‘operation’’ and 
inserting ‘‘capital, operations,’’; and 
(B) in subparagraph (D) by striking ‘‘subparagraph 
(A)(iv)’’ and inserting ‘‘subparagraph (A)(iv)(I)’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B)— 
(i) in clause (iv) by striking ‘‘and’’ at the end; 
(ii) in clause (v) by striking the period at the 
end and inserting a semicolon; and 
(iii) by adding at the end the following: 
‘‘(vi) the Bureau of Reclamation; and 
‘‘(vii) independent Federal agencies with natural 
resource and land management responsibilities.’’; and 
(B) in paragraph (2)(B)— 
(i) in the matter preceding clause (i) by inserting 
‘‘performance management, including’’ after ‘‘support’’; 
and 
(ii) in clause (i)(II) by striking ‘‘, and’’ and inserting 
‘‘; and’’; and 
(3) in subsection (c)(2)(B) by adding at the end the fol-
lowing: 
‘‘(vi) The Bureau of Reclamation.’’. 
SEC. 1120. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 
Section 201(c) of title 23, United States Code, is amended— 
(1) in paragraph (6)(A)— 
(A) by redesignating clauses (i) and (ii) as subclauses 
(I) and (II), respectively (and by moving the subclauses 
2 ems to the right); 
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129 STAT. 1359 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) in the matter preceding subclause (I) (as so redesig-
nated), by striking ‘‘The Secretaries’’ and inserting the 
following: 
‘‘(i) IN GENERAL.—The Secretaries’’; 
(C) by inserting a period after ‘‘tribal transportation 
program’’; and 
(D) by striking ‘‘in accordance with’’ and all that follows 
through ‘‘including—’’ and inserting the following: 
‘‘(ii) REQUIREMENT.—Data collected to implement 
the tribal transportation program shall be in accord-
ance with the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(iii) INCLUSIONS.—Data collected under this para-
graph includes—’’; and 
(2) by striking paragraph (7) and inserting the following— 
‘‘(7) COOPERATIVE
RESEARCH
AND
TECHNOLOGY
DEPLOY-
MENT.—The Secretary may conduct cooperative research and 
technology deployment in coordination with Federal land 
management agencies, as determined appropriate by the Sec-
retary. 
‘‘(8) FUNDING.— 
‘‘(A) IN GENERAL.—To carry out the activities described 
in this subsection for Federal lands transportation facilities, 
Federal lands access transportation facilities, and other 
federally owned roads open to public travel (as that term 
is defined in section 125(e)), the Secretary shall for each 
fiscal year combine and use not greater than 5 percent 
of the funds authorized for programs under sections 203 
and 204. 
‘‘(B) OTHER ACTIVITIES.—In addition to the activities 
described in subparagraph (A), funds described under that 
subparagraph may be used for— 
‘‘(i) bridge inspections on any federally owned 
bridge even if that bridge is not included on the inven-
tory described under section 203; and 
‘‘(ii) transportation planning activities carried out 
by Federal land management agencies eligible for 
funding under this chapter.’’. 
SEC. 1121. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United States Code, 
is amended by inserting after section 206 the following: 
‘‘§ 207. Tribal transportation self-governance program 
‘‘(a) ESTABLISHMENT.—Subject to the requirements of this sec-
tion, the Secretary shall establish and carry out a program to 
be known as the tribal transportation self-governance program. 
The Secretary may delegate responsibilities for administration of 
the program as the Secretary determines appropriate. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), an 
Indian tribe shall be eligible to participate in the program 
if the Indian tribe requests participation in the program by 
resolution or other official action by the governing body of 
the Indian tribe, and demonstrates, for the preceding 3 fiscal 
years, financial stability and financial management capability, 
and transportation program management capability. 
23 USC 207. 
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129 STAT. 1360 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) CRITERIA FOR DETERMINING FINANCIAL STABILITY AND 
FINANCIAL MANAGEMENT CAPACITY.—For the purposes of para-
graph (1), evidence that, during the preceding 3 fiscal years, 
an Indian tribe had no uncorrected significant and material 
audit exceptions in the required annual audit of the Indian 
tribe’s self-determination contracts or self-governance funding 
agreements with any Federal agency shall be conclusive evi-
dence of the required financial stability and financial manage-
ment capability. 
‘‘(3) CRITERIA FOR DETERMINING TRANSPORTATION PROGRAM 
MANAGEMENT
CAPABILITY.—The Secretary shall require an 
Indian tribe to demonstrate transportation program manage-
ment capability, including the capability to manage and com-
plete projects eligible under this title and projects eligible under 
chapter 53 of title 49, to gain eligibility for the program. 
‘‘(c) COMPACTS.— 
‘‘(1) COMPACT REQUIRED.—Upon the request of an eligible 
Indian tribe, and subject to the requirements of this section, 
the Secretary shall negotiate and enter into a written compact 
with the Indian tribe for the purpose of providing for the 
participation of the Indian tribe in the program. 
‘‘(2) CONTENTS.—A compact entered into under paragraph 
(1) shall set forth the general terms of the government-to- 
government relationship between the Indian tribe and the 
United States under the program and other terms that will 
continue to apply in future fiscal years. 
‘‘(3) AMENDMENTS.—A compact entered into with an Indian 
tribe under paragraph (1) may be amended only by mutual 
agreement of the Indian tribe and the Secretary. 
‘‘(d) ANNUAL FUNDING AGREEMENTS.— 
‘‘(1) FUNDING AGREEMENT REQUIRED.—After entering into 
a compact with an Indian tribe under subsection (c), the Sec-
retary shall negotiate and enter into a written annual funding 
agreement with the Indian tribe. 
‘‘(2) CONTENTS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 
FORMULA
FUNDING
AND
DISCRETIONARY 
GRANTS.—A funding agreement entered into with an 
Indian tribe shall authorize the Indian tribe, as deter-
mined by the Indian tribe, to plan, conduct, consolidate, 
administer, and receive full tribal share funding, tribal 
transit formula funding, and funding to tribes from 
discretionary and competitive grants administered by 
the Department for all programs, services, functions, 
and activities (or portions thereof) that are made avail-
able to Indian tribes to carry out tribal transportation 
programs and programs, services, functions, and activi-
ties (or portions thereof) administered by the Secretary 
that are otherwise available to Indian tribes. 
‘‘(ii) TRANSFERS OF STATE FUNDS.— 
‘‘(I) INCLUSION
OF
TRANSFERRED
FUNDS
IN 
FUNDING
AGREEMENT.—A 
funding 
agreement 
entered into with an Indian tribe shall include 
Federal-aid funds apportioned to a State under 
chapter 1 if the State elects to provide a portion 
of such funds to the Indian tribe for a project 
eligible under section 202(a). The provisions of this 
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129 STAT. 1361 
PUBLIC LAW 114–94—DEC. 4, 2015 
section shall be in addition to the methods for 
making funding contributions described in section 
202(a)(9). Nothing in this section shall diminish 
the authority of the Secretary to provide funds 
to an Indian tribe under section 202(a)(9). 
‘‘(II) METHOD
FOR
TRANSFERS.—If a State 
elects to provide funds described in subclause (I) 
to an Indian tribe— 
‘‘(aa) the transfer may occur in accordance 
with section 202(a)(9); or 
‘‘(bb) the State shall transfer the funds 
back to the Secretary and the Secretary shall 
transfer the funds to the Indian tribe in 
accordance with this section. 
‘‘(III) 
RESPONSIBILITY
FOR
TRANSFERRED 
FUNDS.—Notwithstanding any other provision of 
law, if a State provides funds described in sub-
clause (I) to an Indian tribe— 
‘‘(aa) the State shall not be responsible 
for constructing or maintaining a project car-
ried out using the funds or for administering 
or supervising the project or funds during the 
applicable statute of limitations period related 
to the construction of the project; and 
‘‘(bb) the Indian tribe shall be responsible 
for constructing and maintaining a project car-
ried out using the funds and for administering 
and supervising the project and funds in 
accordance with this section during the 
applicable statute of limitations period related 
to the construction of the project. 
‘‘(B) ADMINISTRATION OF TRIBAL SHARES.—The tribal 
shares referred to in subparagraph (A) shall be provided 
without regard to the agency or office of the Department 
within which the program, service, function, or activity 
(or portion thereof) is performed. 
‘‘(C) FLEXIBLE AND INNOVATIVE FINANCING.— 
‘‘(i) IN
GENERAL.—A funding agreement entered 
into with an Indian tribe under paragraph (1) shall 
include provisions pertaining to flexible and innovative 
financing if agreed upon by the parties. 
‘‘(ii) TERMS AND CONDITIONS.— 
‘‘(I) AUTHORITY TO ISSUE REGULATIONS.—The 
Secretary may issue regulations to establish the 
terms and conditions relating to the flexible and 
innovative financing provisions referred to in 
clause (i). 
‘‘(II) TERMS AND CONDITIONS IN ABSENCE OF 
REGULATIONS.—If the Secretary does not issue 
regulations under subclause (I), the terms and 
conditions relating to the flexible and innovative 
financing provisions referred to in clause (i) shall 
be consistent with— 
‘‘(aa) agreements entered into by the 
Department under— 
‘‘(AA) section 202(b)(7); and 
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129 STAT. 1362 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(BB) section 202(d)(5), as in effect 
before the date of enactment of MAP–21 
(Public Law 112–141); or 
‘‘(bb) regulations of the Department of the 
Interior relating to flexible financing contained 
in part 170 of title 25, Code of Federal Regula-
tions, as in effect on the date of enactment 
of the FAST Act. 
‘‘(3) TERMS.—A funding agreement shall set forth— 
‘‘(A) terms that generally identify the programs, serv-
ices, functions, and activities (or portions thereof) to be 
performed or administered by the Indian tribe; and 
‘‘(B) for items identified in subparagraph (A)— 
‘‘(i) the general budget category assigned; 
‘‘(ii) the funds to be provided, including those funds 
to be provided on a recurring basis; 
‘‘(iii) the time and method of transfer of the funds; 
‘‘(iv) the responsibilities of the Secretary and the 
Indian tribe; and 
‘‘(v) any other provision agreed to by the Indian 
tribe and the Secretary. 
‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— 
‘‘(A) APPLICABILITY OF EXISTING AGREEMENT.—Absent 
notification from an Indian tribe that the Indian tribe 
is withdrawing from or retroceding the operation of 1 or 
more programs, services, functions, or activities (or portions 
thereof) identified in a funding agreement, or unless other-
wise agreed to by the parties, each funding agreement 
shall remain in full force and effect until a subsequent 
funding agreement is executed. 
‘‘(B) EFFECTIVE DATE OF SUBSEQUENT AGREEMENT.— 
The terms of the subsequent funding agreement shall be 
retroactive to the end of the term of the preceding funding 
agreement. 
‘‘(5) CONSENT OF INDIAN TRIBE REQUIRED.—The Secretary 
shall not revise, amend, or require additional terms in a new 
or subsequent funding agreement without the consent of the 
Indian tribe that is subject to the agreement unless such terms 
are required by Federal law. 
‘‘(e) GENERAL PROVISIONS.— 
‘‘(1) REDESIGN AND CONSOLIDATION.— 
‘‘(A) IN
GENERAL.—An Indian tribe, in any manner 
that the Indian tribe considers to be in the best interest 
of the Indian community being served, may— 
‘‘(i) redesign or consolidate programs, services, 
functions, and activities (or portions thereof) included 
in a funding agreement; and 
‘‘(ii) reallocate or redirect funds for such programs, 
services, functions, and activities (or portions thereof), 
if the funds are— 
‘‘(I) expended on projects identified in a 
transportation improvement program approved by 
the Secretary; and 
‘‘(II) used in accordance with the requirements 
in— 
‘‘(aa) appropriations Acts; 
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129 STAT. 1363 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(bb) this title and chapter 53 of title 49; 
and 
‘‘(cc) any other applicable law. 
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 
if, pursuant to subsection (d), an Indian tribe receives 
a discretionary or competitive grant from the Secretary 
or receives State apportioned funds, the Indian tribe shall 
use the funds for the purpose for which the funds were 
originally authorized. 
‘‘(2) RETROCESSION.— 
‘‘(A) IN GENERAL.— 
‘‘(i) AUTHORITY OF INDIAN TRIBES.—An Indian tribe 
may retrocede (fully or partially) to the Secretary pro-
grams, services, functions, or activities (or portions 
thereof) included in a compact or funding agreement. 
‘‘(ii) REASSUMPTION
OF
REMAINING
FUNDS.—Fol-
lowing a retrocession described in clause (i), the Sec-
retary may— 
‘‘(I) reassume the remaining funding associ-
ated with the retroceded programs, functions, serv-
ices, and activities (or portions thereof) included 
in the applicable compact or funding agreement; 
‘‘(II) out of such remaining funds, transfer 
funds associated with Department of Interior pro-
grams, services, functions, or activities (or portions 
thereof) to the Secretary of the Interior to carry 
out transportation services provided by the Sec-
retary of the Interior; and 
‘‘(III) distribute funds not transferred under 
subclause (II) in accordance with applicable law. 
‘‘(iii) CORRECTION OF PROGRAMS.—If the Secretary 
makes a finding under subsection (f)(2)(B) and no funds 
are available under subsection (f)(2)(A)(ii), the Sec-
retary shall not be required to provide additional funds 
to complete or correct any programs, functions, serv-
ices, or activities (or portions thereof). 
‘‘(B) EFFECTIVE DATE.—Unless the Indian tribe rescinds 
a request for retrocession, the retrocession shall become 
effective within the timeframe specified by the parties in 
the compact or funding agreement. In the absence of such 
a specification, the retrocession shall become effective on— 
‘‘(i) the earlier of— 
‘‘(I) 1 year after the date of submission of 
the request; or 
‘‘(II) the date on which the funding agreement 
expires; or 
‘‘(ii) such date as may be mutually agreed upon 
by the parties and, with respect to Department of 
the Interior programs, functions, services, and activi-
ties (or portions thereof), the Secretary of the Interior. 
‘‘(f) PROVISIONS RELATING TO SECRETARY.— 
‘‘(1) DECISIONMAKER.—A decision that relates to an appeal 
of the rejection of a final offer by the Department shall be 
made either— 
‘‘(A) by an official of the Department who holds a 
position at a higher organizational level within the Depart-
ment than the level of the departmental agency in which 
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129 STAT. 1364 
PUBLIC LAW 114–94—DEC. 4, 2015 
the decision that is the subject of the appeal was made; 
or 
‘‘(B) by an administrative judge. 
‘‘(2) TERMINATION OF COMPACT OR FUNDING AGREEMENT.— 
‘‘(A) AUTHORITY TO TERMINATE.— 
‘‘(i) PROVISION TO BE INCLUDED IN COMPACT OR 
FUNDING AGREEMENT.—A compact or funding agree-
ment shall include a provision authorizing the Sec-
retary, if the Secretary makes a finding described in 
subparagraph (B), to— 
‘‘(I) terminate the compact or funding agree-
ment (or a portion thereof); and 
‘‘(II) reassume the remaining funding associ-
ated with the reassumed programs, functions, serv-
ices, and activities included in the compact or 
funding agreement. 
‘‘(ii) TRANSFERS OF FUNDS.—Out of any funds re-
assumed under clause (i)(II), the Secretary may 
transfer the funds associated with Department of the 
Interior programs, functions, services, and activities 
(or portions thereof) to the Secretary of the Interior 
to provide continued transportation services in accord-
ance with applicable law. 
‘‘(B) 
FINDINGS
RESULTING
IN
TERMINATION.—The 
finding referred to in subparagraph (A) is a specific finding 
of— 
‘‘(i) imminent jeopardy to a trust asset, natural 
resources, or public health and safety that is caused 
by an act or omission of the Indian tribe and that 
arises out of a failure to carry out the compact or 
funding agreement, as determined by the Secretary; 
or 
‘‘(ii) gross mismanagement with respect to funds 
or programs transferred to the Indian tribe under the 
compact or funding agreement, as determined by the 
Secretary in consultation with the Inspector General 
of the Department, as appropriate. 
‘‘(C) PROHIBITION.—The Secretary shall not terminate 
a compact or funding agreement (or portion thereof) 
unless— 
‘‘(i) the Secretary has first provided written notice 
and a hearing on the record to the Indian tribe that 
is subject to the compact or funding agreement; and 
‘‘(ii) the Indian tribe has not taken corrective action 
to remedy the mismanagement of funds or programs 
or the imminent jeopardy to a trust asset, natural 
resource, or public health and safety. 
‘‘(D) EXCEPTION.— 
‘‘(i) IN GENERAL.—Notwithstanding subparagraph 
(C), the Secretary, upon written notification to an 
Indian tribe that is subject to a compact or funding 
agreement, may immediately terminate the compact 
or funding agreement (or portion thereof) if— 
‘‘(I) the Secretary makes a finding of imminent 
substantial and irreparable jeopardy to a trust 
asset, natural resource, or public health and safety; 
and 
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129 STAT. 1365 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(II) the jeopardy arises out of a failure to 
carry out the compact or funding agreement. 
‘‘(ii) HEARINGS.—If the Secretary terminates a com-
pact or funding agreement (or portion thereof) under 
clause (i), the Secretary shall provide the Indian tribe 
subject to the compact or agreement with a hearing 
on the record not later than 10 days after the date 
of such termination. 
‘‘(E) BURDEN
OF
PROOF.—In any hearing or appeal 
involving a decision to terminate a compact or funding 
agreement (or portion thereof) under this paragraph, the 
Secretary shall have the burden of proof in demonstrating 
by clear and convincing evidence the validity of the grounds 
for the termination. 
‘‘(g) COST PRINCIPLES.—In administering funds received under 
this section, an Indian tribe shall apply cost principles under the 
applicable Office of Management and Budget circular, except as 
modified by section 106 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450j–1), other provisions of law, 
or by any exemptions to applicable Office of Management and 
Budget circulars subsequently granted by the Office of Management 
and Budget. No other audit or accounting standards shall be 
required by the Secretary. Any claim by the Federal Government 
against the Indian tribe relating to funds received under a funding 
agreement based on any audit conducted pursuant to this subsection 
shall be subject to the provisions of section 106(f) of that Act 
(25 U.S.C. 450j–1(f)). 
‘‘(h) TRANSFER OF FUNDS.—The Secretary shall provide funds 
to an Indian tribe under a funding agreement in an amount equal 
to— 
‘‘(1) the sum of the funding that the Indian tribe would 
otherwise receive for the program, function, service, or activity 
in accordance with a funding formula or other allocation method 
established under this title or chapter 53 of title 49; and 
‘‘(2) such additional amounts as the Secretary determines 
equal the amounts that would have been withheld for the 
costs of the Bureau of Indian Affairs for administration of 
the program or project. 
‘‘(i) CONSTRUCTION PROGRAMS.— 
‘‘(1) STANDARDS.—Construction projects carried out under 
programs administered by an Indian tribe with funds trans-
ferred to the Indian tribe pursuant to a funding agreement 
entered into under this section shall be constructed pursuant 
to the construction program standards set forth in applicable 
regulations or as specifically approved by the Secretary (or 
the Secretary’s designee). 
‘‘(2) MONITORING.—Construction programs shall be mon-
itored by the Secretary in accordance with applicable regula-
tions. 
‘‘(j) FACILITATION.— 
‘‘(1) SECRETARIAL
INTERPRETATION.—Except as otherwise 
provided by law, the Secretary shall interpret all Federal laws, 
Executive orders, and regulations in a manner that will facili-
tate— 
‘‘(A) the inclusion of programs, services, functions, and 
activities (or portions thereof) and funds associated there-
with, in compacts and funding agreements; and 
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129 STAT. 1366 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) the implementation of the compacts and funding 
agreements. 
‘‘(2) REGULATION WAIVER.— 
‘‘(A) IN GENERAL.—An Indian tribe may submit to the 
Secretary a written request to waive application of a regula-
tion promulgated under this section with respect to a com-
pact or funding agreement. The request shall identify the 
regulation sought to be waived and the basis for the 
request. 
‘‘(B) APPROVALS AND DENIALS.— 
‘‘(i) IN
GENERAL.—Not later than 90 days after 
the date of receipt of a written request under subpara-
graph (A), the Secretary shall approve or deny the 
request in writing. 
‘‘(ii) REVIEW.—The Secretary shall review any 
application by an Indian tribe for a waiver bearing 
in mind increasing opportunities for using flexible 
policy approaches at the Indian tribal level. 
‘‘(iii) DEEMED APPROVAL.—If the Secretary does not 
approve or deny a request submitted under subpara-
graph (A) on or before the last day of the 90-day 
period referred to in clause (i), the request shall be 
deemed approved. 
‘‘(iv) DENIALS.—If the application for a waiver is 
not granted, the agency shall provide the applicant 
with the reasons for the denial as part of the written 
response required in clause (i). 
‘‘(v) FINALITY
OF
DECISIONS.—A decision by the 
Secretary under this subparagraph shall be final for 
the Department. 
‘‘(k) DISCLAIMERS.— 
‘‘(1) EXISTING
AUTHORITY.—Notwithstanding any other 
provision of law, upon the election of an Indian tribe, the 
Secretary shall— 
‘‘(A) maintain current tribal transportation program 
funding agreements and program agreements; or 
‘‘(B) enter into new agreements under the authority 
of section 202(b)(7). 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing 
in this section may be construed to impair or diminish the 
authority of the Secretary under section 202(b)(7). 
‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINATION AND EDU-
CATION ASSISTANCE ACT.—Except to the extent in conflict with 
this section (as determined by the Secretary), the following provi-
sions of the Indian Self-Determination and Education Assistance 
Act shall apply to compact and funding agreements (except that 
any reference to the Secretary of the Interior or the Secretary 
of Health and Human Services in such provisions shall be treated 
as a reference to the Secretary of Transportation): 
‘‘(1) Subsections (a), (b), (d), (g), and (h) of section 506 
of such Act (25 U.S.C. 458aaa–5), relating to general provisions. 
‘‘(2) Subsections (b) through (e) and (g) of section 507 
of such Act (25 U.S.C. 458aaa–6), relating to provisions relating 
to the Secretary of Health and Human Services. 
‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of 
section 508 of such Act (25 U.S.C. 458aaa–7), relating to 
transfer of funds. 
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129 STAT. 1367 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa–9), relating 
to Federal procurement laws and regulations. 
‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa–10), relating 
to civil actions. 
‘‘(6) Subsections (a)(1), (a)(2), and (c) through (f) of section 
512 of such Act (25 U.S.C. 458aaa–11), relating to facilitation, 
except that subsection (c)(1) of that section shall be applied 
by substituting ‘transportation facilities and other facilities’ 
for ‘school buildings, hospitals, and other facilities’. 
‘‘(7) Subsections (a) and (b) of section 515 of such Act 
(25 U.S.C. 458aaa–14), relating to disclaimers. 
‘‘(8) Subsections (a) and (b) of section 516 of such Act 
(25 U.S.C. 458aaa–15), relating to application of title I provi-
sions. 
‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa–17), relating 
to appeals. 
‘‘(m) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section, the following definitions 
apply (except as otherwise expressly provided): 
‘‘(A) COMPACT.—The term ‘compact’ means a compact 
between the Secretary and an Indian tribe entered into 
under subsection (c). 
‘‘(B) DEPARTMENT.—The term ‘Department’ means the 
Department of Transportation. 
‘‘(C) ELIGIBLE INDIAN TRIBE.—The term ‘eligible Indian 
tribe’ means an Indian tribe that is eligible to participate 
in the program, as determined under subsection (b). 
‘‘(D) FUNDING AGREEMENT.—The term ‘funding agree-
ment’ means a funding agreement between the Secretary 
and an Indian tribe entered into under subsection (d). 
‘‘(E) INDIAN TRIBE.—The term ‘Indian tribe’ means any 
Indian or Alaska Native tribe, band, nation, pueblo, village, 
or community that is recognized as eligible for the special 
programs and services provided by the United States to 
Indians because of their status as Indians. In any case 
in which an Indian tribe has authorized another Indian 
tribe, an intertribal consortium, or a tribal organization 
to plan for or carry out programs, services, functions, or 
activities (or portions thereof) on its behalf under this 
section, the authorized Indian tribe, intertribal consortium, 
or tribal organization shall have the rights and responsibil-
ities of the authorizing Indian tribe (except as otherwise 
provided in the authorizing resolution or in this title). 
In such event, the term ‘Indian tribe’ as used in this 
section shall include such other authorized Indian tribe, 
intertribal consortium, or tribal organization. 
‘‘(F) PROGRAM.—The term ‘program’ means the tribal 
transportation self-governance program established under 
this section. 
‘‘(G) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Transportation. 
‘‘(H) TRANSPORTATION PROGRAMS.—The term ‘transpor-
tation programs’ means all programs administered or 
financed by the Department under this title and chapter 
53 of title 49. 
‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.—In this section, 
the definitions set forth in sections 4 and 505 of the Indian 
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129 STAT. 1368 
PUBLIC LAW 114–94—DEC. 4, 2015 
Self-Determination and Education Assistance Act (25 U.S.C. 
450b; 458aaa) apply, except as otherwise expressly provided 
in this section. 
‘‘(n) REGULATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PROMULGATION.—Not later than 90 days after the 
date of enactment of the FAST Act, the Secretary shall 
initiate procedures under subchapter III of chapter 5 of 
title 5 to negotiate and promulgate such regulations as 
are necessary to carry out this section. 
‘‘(B) PUBLICATION
OF
PROPOSED
REGULATIONS.—Pro-
posed regulations to implement this section shall be pub-
lished in the Federal Register by the Secretary not later 
than 21 months after such date of enactment. 
‘‘(C) EXPIRATION
OF
AUTHORITY.—The authority to 
promulgate regulations under subparagraph (A) shall 
expire 30 months after such date of enactment. 
‘‘(D) EXTENSION OF DEADLINES.—A deadline set forth 
in subparagraph (B) or (C) may be extended up to 180 
days if the negotiated rulemaking committee referred to 
in paragraph (2) concludes that the committee cannot meet 
the deadline and the Secretary so notifies the appropriate 
committees of Congress. 
‘‘(2) COMMITTEE.— 
‘‘(A) IN GENERAL.—A negotiated rulemaking committee 
established pursuant to section 565 of title 5 to carry 
out this subsection shall have as its members only Federal 
and tribal government representatives, a majority of whom 
shall be nominated by and be representatives of Indian 
tribes with funding agreements under this title. 
‘‘(B) REQUIREMENTS.—The committee shall confer with, 
and accommodate participation by, representatives of 
Indian tribes, inter-tribal consortia, tribal organizations, 
and individual tribal members. 
‘‘(C) ADAPTATION OF PROCEDURES.—The Secretary shall 
adapt the negotiated rulemaking procedures to the unique 
context of self-governance and the government-to-govern-
ment relationship between the United States and Indian 
tribes. 
‘‘(3) EFFECT.—The lack of promulgated regulations shall 
not limit the effect of this section. 
‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, 
AND RULES.—Unless expressly agreed to by the participating 
Indian tribe in the compact or funding agreement, the partici-
pating Indian tribe shall not be subject to any agency circular, 
policy, manual, guidance, or rule adopted by the Department, 
except regulations promulgated under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 2 of title 
23, United States Code, is amended by inserting after the item 
relating to section 206 the following: 
‘‘207. Tribal transportation self-governance program.’’. 
SEC. 1122. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM 
MODIFICATIONS. 
(a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.—Not later than 
90 days after the date of enactment of this Act, the Secretary 
shall issue guidance relating to working with State departments 
23 USC 103 note. 
23 USC 
prec. 201. 
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129 STAT. 1369 
PUBLIC LAW 114–94—DEC. 4, 2015 
of transportation that request assistance from the division offices 
of the Federal Highway Administration— 
(1) to review roads classified as principal arterials in the 
State that were added to the National Highway System as 
of October 1, 2012, so as to comply with section 103 of title 
23, United States Code; and 
(2) to identify any necessary functional classification 
changes to rural and urban principal arterials. 
(b) ADMINISTRATIVE ACTIONS.—The Secretary shall direct the 
division offices of the Federal Highway Administration to work 
with the applicable State department of transportation that 
requests assistance under this section— 
(1) to assist in the review of roads in accordance with 
guidance issued under subsection (a); 
(2) to expeditiously review and facilitate requests from 
States to reclassify roads classified as principal arterials; and 
(3) in the case of a State that requests the withdrawal 
of reclassified roads from the National Highway System under 
section 103(b)(3) of title 23, United States Code, to carry out 
that withdrawal if the inclusion of the reclassified road in 
the National Highway System is not consistent with the needs 
and priorities of the community or region in which the reclassi-
fied road is located. 
(c) NATIONAL HIGHWAY SYSTEM MODIFICATION REGULATIONS.— 
The Secretary shall— 
(1) review the National Highway System modification 
process described in appendix D of part 470 of title 23, Code 
of Federal Regulations (or successor regulations); and 
(2) take any action necessary to ensure that a State may 
submit to the Secretary a request to modify the National High-
way System by withdrawing a road from the National Highway 
System. 
(d) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the Secretary 
shall submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report that includes a 
description of— 
(1) each request for reclassification of National Highway 
System roads; 
(2) the status of each request; and 
(3) if applicable, the justification for the denial by the 
Secretary of a request. 
(e) MODIFICATIONS TO THE NATIONAL HIGHWAY SYSTEM.—Sec-
tion 103(b)(3)(A) of title 23, United States Code, is amended— 
(1) in the matter preceding clause (i)— 
(A) by striking ‘‘, including any modification consisting 
of a connector to a major intermodal terminal,’’; and 
(B) by inserting ‘‘, including any modification consisting 
of a connector to a major intermodal terminal or the with-
drawal of a road from that system,’’ after ‘‘the National 
Highway System’’; and 
(2) in clause (ii)— 
(A) by striking ‘‘(ii) enhances’’ and inserting ‘‘(ii)(I) 
enhances’’; 
(B) by striking the period at the end and inserting 
‘‘; or’’; and 
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129 STAT. 1370 
PUBLIC LAW 114–94—DEC. 4, 2015 
(C) by adding at the end the following: 
‘‘(II) in the case of the withdrawal of a road, is 
reasonable and appropriate.’’. 
SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL 
PROJECTS PROGRAM. 
(a) PURPOSE.—The Secretary shall establish a nationally signifi-
cant Federal lands and tribal projects program (referred to in this 
section as the ‘‘program’’) to provide funding to construct, 
reconstruct, or rehabilitate nationally significant Federal lands and 
tribal transportation projects. 
(b) ELIGIBLE APPLICANTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), enti-
ties eligible to receive funds under sections 201, 202, 203, 
and 204 of title 23, United States Code, may apply for funding 
under the program. 
(2) SPECIAL RULE.—A State, county, or unit of local govern-
ment may only apply for funding under the program if spon-
sored by an eligible Federal land management agency or Indian 
tribe. 
(c) ELIGIBLE PROJECTS.—An eligible project under the program 
shall be a single continuous project— 
(1) on a Federal lands transportation facility, a Federal 
lands access transportation facility, or a tribal transportation 
facility (as those terms are defined in section 101 of title 23, 
United States Code), except that such facility is not required 
to be included in an inventory described in section 202 or 
203 of such title; 
(2) for which completion of activities required under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) has been demonstrated through— 
(A) a record of decision with respect to the project; 
(B) a finding that the project has no significant impact; 
or 
(C) a determination that the project is categorically 
excluded; and 
(3) having an estimated cost, based on the results of 
preliminary engineering, equal to or exceeding $25,000,000, 
with priority consideration given to projects with an estimated 
cost equal to or exceeding $50,000,000. 
(d) ELIGIBLE ACTIVITIES.— 
(1) IN
GENERAL.—Subject to paragraph (2), an eligible 
applicant receiving funds under the program may only use 
the funds for construction, reconstruction, and rehabilitation 
activities. 
(2) INELIGIBLE ACTIVITIES.—An eligible applicant may not 
use funds received under the program for activities relating 
to project design. 
(e) APPLICATIONS.—Eligible applicants shall submit to the Sec-
retary an application at such time, in such form, and containing 
such information as the Secretary may require. 
(f) SELECTION CRITERIA.—In selecting a project to receive funds 
under the program, the Secretary shall consider the extent to which 
the project— 
(1) furthers the goals of the Department, including state 
of good repair, economic competitiveness, quality of life, and 
safety; 
23 USC 201 note. 
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129 STAT. 1371 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) improves the condition of critical transportation facili-
ties, including multimodal facilities; 
(3) needs construction, reconstruction, or rehabilitation; 
(4) has costs matched by funds that are not provided under 
this section, with projects with a greater percentage of other 
sources of matching funds ranked ahead of lesser matches; 
(5) is included in or eligible for inclusion in the National 
Register of Historic Places; 
(6) uses new technologies and innovations that enhance 
the efficiency of the project; 
(7) is supported by funds, other than the funds received 
under the program, to construct, maintain, and operate the 
facility; 
(8) spans 2 or more States; and 
(9) serves land owned by multiple Federal agencies or 
Indian tribes. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the cost of a project 
shall be up to 90 percent. 
(2) NON-FEDERAL
SHARE.—Notwithstanding any other 
provision of law, any Federal funds other than those made 
available under title 23 or title 49, United States Code, may 
be used to pay the non-Federal share of the cost of a project 
carried out under this section. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $100,000,000 for each 
of fiscal years 2016 through 2020. Such sums shall remain available 
for a period of 3 fiscal years following the fiscal year for which 
the amounts are appropriated. 
Subtitle B—Planning and Performance 
Management 
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘people and freight and’’ and inserting 
‘‘people and freight,’’ and 
(B) by inserting ‘‘and take into consideration resiliency 
needs’’ after ‘‘urbanized areas,’’; 
(2) in subsection (c)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting ‘‘, bicycle transportation facilities, 
and intermodal facilities that support intercity transportation, 
including intercity buses and intercity bus facilities and com-
muter vanpool providers’’; 
(3) in subsection (d)— 
(A) by redesignating paragraphs (3) through (6) as 
paragraphs (4) through (7), respectively; 
(B) by inserting after paragraph (2) the following: 
‘‘(3) REPRESENTATION.— 
‘‘(A) IN GENERAL.—Designation or selection of officials 
or representatives under paragraph (2) shall be determined 
by the metropolitan planning organization according to the 
bylaws or enabling statute of the organization. 
‘‘(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Sub-
ject to the bylaws or enabling statute of the metropolitan 
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129 STAT. 1372 
PUBLIC LAW 114–94—DEC. 4, 2015 
planning organization, a representative of a provider of 
public transportation may also serve as a representative 
of a local municipality. 
‘‘(C) POWERS
OF
CERTAIN
OFFICIALS.—An official 
described in paragraph (2)(B) shall have responsibilities, 
actions, duties, voting rights, and any other authority 
commensurate with other officials described in paragraph 
(2).’’; and 
(C) in paragraph (5) as so redesignated by striking 
‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’; 
(4) in subsection (e)(4)(B) by striking ‘‘subsection (d)(5)’’ 
and inserting ‘‘subsection (d)(6)’’; 
(5) in subsection (g)(3)(A) by inserting ‘‘tourism, natural 
disaster risk reduction,’’ after ‘‘economic development,’’; 
(6) in subsection (h)— 
(A) in paragraph (1)— 
(i) in subparagraph (G) by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (H) by striking the period 
at the end and inserting a semicolon; and 
(iii) by adding at the end the following: 
‘‘(I) improve the resiliency and reliability of the 
transportation system and reduce or mitigate stormwater 
impacts of surface transportation; and 
‘‘(J) enhance travel and tourism.’’; and 
(B) in paragraph (2)(A) by striking ‘‘and in section 
5301(c) of title 49’’ and inserting ‘‘and the general purposes 
described in section 5301 of title 49’’; 
(7) in subsection (i)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)(i) by striking ‘‘transit,’’ and 
inserting ‘‘public transportation facilities, intercity bus 
facilities,’’; 
(ii) in subparagraph (G)— 
(I) by striking ‘‘and provide’’ and inserting ‘‘, 
provide’’; and 
(II) by inserting ‘‘, and reduce the vulnerability 
of the existing transportation infrastructure to nat-
ural disasters’’ before the period at the end; and 
(iii) in subparagraph (H) by inserting ‘‘including 
consideration of the role that intercity buses may play 
in reducing congestion, pollution, and energy consump-
tion in a cost-effective manner and strategies and 
investments that preserve and enhance intercity bus 
systems, including systems that are privately owned 
and operated’’ before the period at the end; 
(B) in paragraph (6)(A)— 
(i) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers,’’; and 
(ii) by inserting ‘‘(including intercity bus operators, 
employer-based commuting programs, such as a carpool 
program, vanpool program, transit benefit program, 
parking 
cash-out 
program, 
shuttle 
program, 
or 
telework program)’’ after ‘‘private providers of transpor-
tation’’; and 
(C) in paragraph (8) by striking ‘‘paragraph (2)(C)’’ 
and inserting ‘‘paragraph (2)(E)’’ each place it appears; 
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129 STAT. 1373 
PUBLIC LAW 114–94—DEC. 4, 2015 
(8) in subsection (k)(3)— 
(A) in subparagraph (A) by inserting ‘‘(including inter-
city bus operators, employer-based commuting programs 
such as a carpool program, vanpool program, transit benefit 
program, parking cash-out program, shuttle program, or 
telework program), job access projects,’’ after ‘‘reduction’’; 
and 
(B) by adding at the end the following: 
‘‘(C) CONGESTION MANAGEMENT PLAN.—A metropolitan 
planning organization serving a transportation manage-
ment area may develop a plan that includes projects and 
strategies that will be considered in the TIP of such metro-
politan planning organization. Such plan shall— 
‘‘(i) develop regional goals to reduce vehicle miles 
traveled during peak commuting hours and improve 
transportation connections between areas with high 
job concentration and areas with high concentrations 
of low-income households; 
‘‘(ii) identify existing public transportation serv-
ices, employer-based commuter programs, and other 
existing transportation services that support access to 
jobs in the region; and 
‘‘(iii) identify proposed projects and programs to 
reduce congestion and increase job access opportuni-
ties. 
‘‘(D) PARTICIPATION.—In developing the plan under 
subparagraph (C), a metropolitan planning organization 
shall consult with employers, private and nonprofit pro-
viders of public transportation, transportation management 
organizations, and organizations that provide job access 
reverse commute projects or job-related services to low- 
income individuals.’’; 
(9) in subsection (l)— 
(A) by adding a period at the end of paragraph (1); 
and 
(B) in paragraph (2)(D) by striking ‘‘of less than 
200,000’’ and inserting ‘‘with a population of 200,000 or 
less’’; 
(10) in subsection (n)(1) by inserting ‘‘49’’ after ‘‘chapter 
53 of title’’; 
(11) in subsection (p) by striking ‘‘Funds set aside under 
section 104(f)’’ and inserting ‘‘Funds apportioned under para-
graphs (5)(D) and (6) of section 104(b)’’; and 
(12) by adding at the end the following: 
‘‘(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.— 
‘‘(1) DEFINITION
OF
BI-STATE
MPO
REGION.—In this sub-
section, the term ‘Bi-State MPO Region’ has the meaning given 
the term ‘region’ in subsection (a) of Article II of the Lake 
Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 
3234). 
‘‘(2) TREATMENT.—For the purpose of this title, the Bi- 
State MPO Region shall be treated as— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a transportation management area under sub-
section (k); and 
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129 STAT. 1374 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(C) an urbanized area, which is comprised of a popu-
lation of 145,000 in the State of California and a population 
of 65,000 in the State of Nevada. 
‘‘(3) SUBALLOCATED FUNDING.— 
‘‘(A) PLANNING.—In determining the amounts under 
subparagraph (A) of section 133(d)(1) that shall be obligated 
for a fiscal year in the States of California and Nevada 
under clauses (i), (ii), and (iii) of that subparagraph, the 
Secretary shall, for each of those States— 
‘‘(i) calculate the population under each of those 
clauses; 
‘‘(ii) 
decrease 
the 
amount 
under 
section 
133(d)(1)(A)(iii) by the population specified in para-
graph (2) of this subsection for the Bi-State MPO 
Region in that State; and 
‘‘(iii) 
increase 
the 
amount 
under 
section 
133(d)(1)(A)(i) by the population specified in paragraph 
(2) of this subsection for the Bi-State MPO Region 
in that State. 
‘‘(B) STBGP SET ASIDE.—In determining the amounts 
under paragraph (2) of section 133(h) that shall be obligated 
for a fiscal year in the States of California and Nevada, 
the Secretary shall, for the purpose of that subsection, 
calculate the populations for each of those States in a 
manner consistent with subparagraph (A).’’. 
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
PLANNING. 
Section 135 of title 23, United States Code, is amended— 
(1) in subsection (a)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting, ‘‘, bicycle transportation facili-
ties, and intermodal facilities that support intercity transpor-
tation, including intercity buses and intercity bus facilities and 
commuter van pool providers’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (G) by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (H) by striking the period 
at the end and inserting a semicolon; and 
(iii) by adding at the end the following: 
‘‘(I) improve the resiliency and reliability of the 
transportation system and reduce or mitigate stormwater 
impacts of surface transportation; and 
‘‘(J) enhance travel and tourism.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A) by striking ‘‘and in section 
5301(c) of title 49’’ and inserting ‘‘and the general 
purposes described in section 5301 of title 49’’; 
(ii) in subparagraph (B)(ii) by striking ‘‘urbanized’’; 
and 
(iii) in subparagraph (C) by striking ‘‘urbanized’’; 
(3) in subsection (f)— 
(A) in paragraph (3)(A)(ii)— 
(i) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers,’’; and 
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129 STAT. 1375 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) by inserting ‘‘(including intercity bus operators, 
employer-based commuting programs, such as a carpool 
program, vanpool program, transit benefit program, 
parking 
cash-out 
program, 
shuttle 
program, 
or 
telework program)’’ after ‘‘private providers of transpor-
tation’’; and 
(B) in paragraph (7), in the matter preceding subpara-
graph (A), by striking ‘‘should’’ and inserting ‘‘shall’’; and 
(C) in paragraph (8), by inserting ‘‘, including consider-
ation of the role that intercity buses may play in reducing 
congestion, pollution, and energy consumption in a cost- 
effective manner and strategies and investments that pre-
serve and enhance intercity bus systems, including systems 
that are privately owned and operated’’ before the period 
at the end; and 
(4) in subsection (g)(3)— 
(A) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers’’; and 
(B) by inserting ‘‘(including intercity bus operators),’’ 
after ‘‘private providers of transportation’’. 
Subtitle C—Acceleration of Project 
Delivery 
SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
SITES. 
(a) HIGHWAYS.—Section 138 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) align, to the maximum extent practicable, with 
the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 
of title 54, including implementing regulations; and 
‘‘(B) not later than 90 days after the date of enactment 
of this subsection, coordinate with the Secretary of the 
Interior and the Executive Director of the Advisory Council 
on Historic Preservation (referred to in this subsection 
as the ‘Council’) to establish procedures to satisfy the 
requirements described in subparagraph (A) (including 
regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis required under 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), the Secretary determines that there is no 
feasible or prudent alternative to avoid use of a historic 
site, the Secretary may— 
‘‘(i) include the determination of the Secretary in 
the analysis required under that Act; 
‘‘(ii) provide a notice of the determination to— 
‘‘(I) each applicable State historic preservation 
officer and tribal historic preservation officer; 
‘‘(II) the Council, if the Council is participating 
in the consultation process under section 306108 
of title 54; and 
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129 STAT. 1376 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(III) the Secretary of the Interior; and 
‘‘(iii) request from the applicable preservation 
officer, the Council, and the Secretary of the Interior 
a concurrence that the determination is sufficient to 
satisfy subsection (a)(1). 
‘‘(B) CONCURRENCE.—If the applicable preservation 
officer, the Council, and the Secretary of the Interior each 
provide a concurrence requested under subparagraph 
(A)(iii), no further analysis under subsection (a)(1) shall 
be required. 
‘‘(C) PUBLICATION.—A notice of a determination, 
together with each relevant concurrence to that determina-
tion, under subparagraph (A) shall— 
‘‘(i) be included in the record of decision or finding 
of no significant impact of the Secretary; and 
‘‘(ii) be posted on an appropriate Federal website 
by not later than 3 days after the date of receipt 
by the Secretary of all concurrences requested under 
subparagraph (A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN
GENERAL.—If the Secretary, the applicable 
preservation officer, the Council, and the Secretary of the 
Interior concur that no feasible and prudent alternative 
exists as described in paragraph (2), the Secretary may 
provide to the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the intent of 
the Secretary to satisfy subsection (a)(2) through the con-
sultation requirements of section 306108 of title 54. 
‘‘(B) SATISFACTION
OF
CONDITIONS.—To satisfy sub-
section (a)(2), each individual described in paragraph 
(2)(A)(ii) shall concur in the treatment of the applicable 
historic site described in the memorandum of agreement 
or programmatic agreement developed under section 
306108 of title 54.’’. 
(b) PUBLIC TRANSPORTATION.—Section 303 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) align, to the maximum extent practicable, the 
requirements of this section with the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and section 306108 of title 54, including imple-
menting regulations; and 
‘‘(B) not later than 90 days after the date of enactment 
of this subsection, coordinate with the Secretary of the 
Interior and the Executive Director of the Advisory Council 
on Historic Preservation (referred to in this subsection 
as the ‘Council’) to establish procedures to satisfy the 
requirements described in subparagraph (A) (including 
regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis required under 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), the Secretary determines that there is no 
feasible or prudent alternative to avoid use of a historic 
site, the Secretary may— 
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‘‘(i) include the determination of the Secretary in 
the analysis required under that Act; 
‘‘(ii) provide a notice of the determination to— 
‘‘(I) each applicable State historic preservation 
officer and tribal historic preservation officer; 
‘‘(II) the Council, if the Council is participating 
in the consultation process under section 306108 
of title 54; and 
‘‘(III) the Secretary of the Interior; and 
‘‘(iii) request from the applicable preservation 
officer, the Council, and the Secretary of the Interior 
a concurrence that the determination is sufficient to 
satisfy subsection (c)(1). 
‘‘(B) CONCURRENCE.—If the applicable preservation 
officer, the Council, and the Secretary of the Interior each 
provide a concurrence requested under subparagraph 
(A)(iii), no further analysis under subsection (c)(1) shall 
be required. 
‘‘(C) PUBLICATION.—A notice of a determination, 
together with each relevant concurrence to that determina-
tion, under subparagraph (A) shall— 
‘‘(i) be included in the record of decision or finding 
of no significant impact of the Secretary; and 
‘‘(ii) be posted on an appropriate Federal website 
by not later than 3 days after the date of receipt 
by the Secretary of all concurrences requested under 
subparagraph (A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN
GENERAL.—If the Secretary, the applicable 
preservation officer, the Council, and the Secretary of the 
Interior concur that no feasible and prudent alternative 
exists as described in paragraph (2), the Secretary may 
provide to the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the intent of 
the Secretary to satisfy subsection (c)(2) through the con-
sultation requirements of section 306108 of title 54. 
‘‘(B) SATISFACTION
OF
CONDITIONS.—To satisfy sub-
section (c)(2), the applicable preservation officer, the 
Council, and the Secretary of the Interior shall concur 
in the treatment of the applicable historic site described 
in the memorandum of agreement or programmatic agree-
ment developed under section 306108 of title 54.’’. 
SEC. 1302. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL 
AUTHORITIES. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, United 
States Code, as amended by section 1301, is amended by adding 
at the end the following: 
‘‘(d) REFERENCES TO PAST TRANSPORTATION ENVIRONMENTAL 
AUTHORITIES.— 
‘‘(1) SECTION 4(F) REQUIREMENTS.—The requirements of this 
section are commonly referred to as section 4(f) requirements 
(see section 4(f) of the Department of Transportation Act (Public 
Law 89–670; 80 Stat. 934) as in effect before the repeal of 
that section). 
‘‘(2) SECTION 106 REQUIREMENTS.—The requirements of sec-
tion 306108 of title 54 are commonly referred to as section 
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129 STAT. 1378 
PUBLIC LAW 114–94—DEC. 4, 2015 
106 requirements (see section 106 of the National Historic 
Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) 
as in effect before the repeal of that section).’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, United 
States Code, as amended by section 1301, is amended by adding 
at the end the following: 
‘‘(f) REFERENCES
TO PAST TRANSPORTATION ENVIRONMENTAL 
AUTHORITIES.— 
‘‘(1) SECTION 4(F) REQUIREMENTS.—The requirements of this 
section are commonly referred to as section 4(f) requirements 
(see section 4(f) of the Department of Transportation Act (Public 
Law 89–670; 80 Stat. 934) as in effect before the repeal of 
that section). 
‘‘(2) SECTION 106 REQUIREMENTS.—The requirements of sec-
tion 306108 of title 54 are commonly referred to as section 
106 requirements (see section 106 of the National Historic 
Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) 
as in effect before the repeal of that section).’’. 
SEC. 1303. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION 
REQUIREMENTS. 
(a) PRESERVATION
OF PARKLANDS.—Section 138 of title 23, 
United States Code, as amended by section 1302, is amended by 
adding at the end the following: 
‘‘(e) BRIDGE EXEMPTION FROM CONSIDERATION.—A common 
post-1945 concrete or steel bridge or culvert (as described in 77 
Fed. Reg. 68790) that is exempt from individual review under 
section 306108 of title 54 shall be exempt from consideration under 
this section.’’. 
(b) POLICY ON LANDS, WILDLIFE AND WATERFOWL REFUGES, 
AND HISTORIC SITES.—Section 303 of title 49, United States Code, 
as amended by section 1302, is amended by adding at the end 
the following: 
‘‘(g) BRIDGE EXEMPTION FROM CONSIDERATION.—A common 
post-1945 concrete or steel bridge or culvert (as described in 77 
Fed. Reg. 68790) that is exempt from individual review under 
section 306108 of title 54 shall be exempt from consideration under 
this section.’’. 
SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
DECISIONMAKING. 
(a) DEFINITIONS.—Section 139(a) of title 23, United States Code, 
is amended— 
(1) by striking paragraph (5) and inserting the following: 
‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’ 
means a project that requires the approval of more than 1 
Department of Transportation operating administration or sec-
retarial office.’’; and 
(2) by striking paragraph (6) and inserting the following: 
‘‘(6) PROJECT.— 
‘‘(A) IN GENERAL.—The term ‘project’ means any high-
way project, public transportation capital project, or 
multimodal project that, if implemented as proposed by 
the project sponsor, would require approval by any oper-
ating administration or secretarial office within the Depart-
ment of Transportation. 
‘‘(B) CONSIDERATIONS.—In determining whether a 
project is a project under subparagraph (A), the Secretary 
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PUBLIC LAW 114–94—DEC. 4, 2015 
shall take into account, if known, any sources of Federal 
funding or financing identified by the project sponsor, 
including any discretionary grant, loan, and loan guarantee 
programs administered by the Department of Transpor-
tation.’’. 
(b) APPLICABILITY.—Section 139(b)(3) of title 23, United States 
Code, is amended— 
(1) in subparagraph (A) in the matter preceding clause 
(i) by striking ‘‘initiate a rulemaking to’’; and 
(2) by striking subparagraph (B) and inserting the fol-
lowing: 
‘‘(B) REQUIREMENTS.—In carrying out subparagraph 
(A), the Secretary shall ensure that programmatic 
reviews— 
‘‘(i) promote transparency, including the trans-
parency of— 
‘‘(I) the analyses and data used in the environ-
mental reviews; 
‘‘(II) the treatment of any deferred issues 
raised by agencies or the public; and 
‘‘(III) the temporal and spatial scales to be 
used to analyze issues under subclauses (I) and 
(II); 
‘‘(ii) use accurate and timely information, including 
through establishment of— 
‘‘(I) criteria for determining the general dura-
tion of the usefulness of the review; and 
‘‘(II) a timeline for updating an out-of-date 
review; 
‘‘(iii) describe— 
‘‘(I) 
the 
relationship 
between 
any 
pro-
grammatic analysis and future tiered analysis; and 
‘‘(II) the role of the public in the creation of 
future tiered analysis; 
‘‘(iv) are available to other relevant Federal and 
State agencies, Indian tribes, and the public; and 
‘‘(v) provide notice and public comment opportuni-
ties consistent with applicable requirements.’’. 
(c) FEDERAL LEAD AGENCY.—Section 139(c) of title 23, United 
States Code, is amended— 
(1) in paragraph (1)(A) by inserting ‘‘, or an operating 
administration thereof designated by the Secretary,’’ after 
‘‘Department of Transportation’’; and 
(2) in paragraph (6)— 
(A) in subparagraph (A) by striking ‘‘and’’ at the end; 
(B) in subparagraph (B) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) to consider and respond to comments received 
from participating agencies on matters within the special 
expertise or jurisdiction of those agencies.’’. 
(d) PARTICIPATING AGENCIES.— 
(1) INVITATION.—Section 139(d)(2) of title 23, United States 
Code, is amended by striking ‘‘The lead agency shall identify, 
as early as practicable in the environmental review process 
for a project,’’ and inserting ‘‘Not later than 45 days after 
the date of publication of a notice of intent to prepare an 
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129 STAT. 1380 
PUBLIC LAW 114–94—DEC. 4, 2015 
environmental impact statement or the initiation of an environ-
mental assessment, the lead agency shall identify’’. 
(2) SINGLE NEPA DOCUMENT.—Section 139(d) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(8) SINGLE NEPA DOCUMENT.— 
‘‘(A) IN GENERAL.—Except as inconsistent with para-
graph (7), to the maximum extent practicable and con-
sistent with Federal law, all Federal permits and reviews 
for a project shall rely on a single environment document 
prepared under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) under the leadership of the 
lead agency. 
‘‘(B) USE OF DOCUMENT.— 
‘‘(i) IN GENERAL.—To the maximum extent prac-
ticable, the lead agency shall develop an environmental 
document sufficient to satisfy the requirements for any 
Federal approval or other Federal action required for 
the project, including permits issued by other Federal 
agencies. 
‘‘(ii) COOPERATION OF PARTICIPATING AGENCIES.— 
Other participating agencies shall cooperate with the 
lead agency and provide timely information to help 
the lead agency carry out this subparagraph. 
‘‘(C) TREATMENT AS PARTICIPATING AND COOPERATING 
AGENCIES.—A Federal agency required to make an approval 
or take an action for a project, as described in subparagraph 
(B), shall work with the lead agency for the project to 
ensure that the agency making the approval or taking 
the action is treated as being both a participating and 
cooperating agency for the project. 
‘‘(9) PARTICIPATING AGENCY RESPONSIBILITIES.—An agency 
participating in the environmental review process under this 
section shall— 
‘‘(A) provide comments, responses, studies, or meth-
odologies on those areas within the special expertise or 
jurisdiction of the agency; and 
‘‘(B) use the process to address any environmental 
issues of concern to the agency.’’. 
(e) PROJECT INITIATION.—Section 139(e) of title 23, United 
States Code, is amended— 
(1) in paragraph (1) by inserting ‘‘(including any additional 
information that the project sponsor considers to be important 
to initiate the process for the proposed project)’’ after ‘‘general 
location of the proposed project’’; and 
(2) by adding at the end the following: 
‘‘(3) REVIEW OF APPLICATION.—Not later than 45 days after 
the date on which the Secretary receives notification under 
paragraph (1), the Secretary shall provide to the project sponsor 
a written response that, as applicable— 
‘‘(A) describes the determination of the Secretary— 
‘‘(i) to initiate the environmental review process, 
including a timeline and an expected date for the 
publication in the Federal Register of the relevant 
notice of intent; or 
‘‘(ii) to decline the application, including an expla-
nation of the reasons for that decision; or 
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129 STAT. 1381 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) requests additional information, and provides to 
the project sponsor an accounting regarding what docu-
mentation is necessary to initiate the environmental review 
process. 
‘‘(4) REQUEST TO DESIGNATE A LEAD AGENCY.— 
‘‘(A) IN
GENERAL.—Any project sponsor may submit 
to the Secretary a request to designate the operating 
administration or secretarial office within the Department 
of Transportation with the expertise on the proposed project 
to serve as the Federal lead agency for the project. 
‘‘(B) SECRETARIAL ACTION.— 
‘‘(i) IN
GENERAL.—If the Secretary receives a 
request under subparagraph (A), the Secretary shall 
respond to the request not later than 45 days after 
the date of receipt. 
‘‘(ii) REQUIREMENTS.—The response under clause 
(i) shall— 
‘‘(I) approve the request; 
‘‘(II) deny the request, with an explanation 
of the reasons for the denial; or 
‘‘(III) require the submission of additional 
information. 
‘‘(iii) 
ADDITIONAL
INFORMATION.—If 
additional 
information is submitted in accordance with clause 
(ii)(III), the Secretary shall respond to the submission 
not later than 45 days after the date of receipt. 
‘‘(5) ENVIRONMENTAL CHECKLIST.— 
‘‘(A) DEVELOPMENT.—The lead agency for a project, 
in consultation with participating agencies, shall develop, 
as appropriate, a checklist to help project sponsors identify 
potential natural, cultural, and historic resources in the 
area of the project. 
‘‘(B) PURPOSE.—The purposes of the checklist are— 
‘‘(i) to identify agencies and organizations that can 
provide information about natural, cultural, and his-
toric resources; 
‘‘(ii) to develop the information needed to deter-
mine the range of alternatives; and 
‘‘(iii) to improve interagency collaboration to help 
expedite the permitting process for the lead agency 
and participating agencies.’’. 
(f) PURPOSE AND NEED.—Section 139(f) of title 23, United States 
Code, is amended— 
(1) in the subsection heading by inserting ‘‘; ALTERNATIVES 
ANALYSIS’’ after ‘‘NEED’’; and 
(2) in paragraph (4)— 
(A) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) PARTICIPATION.— 
‘‘(i) IN GENERAL.—As early as practicable during 
the environmental review process, the lead agency 
shall provide an opportunity for involvement by partici-
pating agencies and the public in determining the 
range of alternatives to be considered for a project. 
‘‘(ii) COMMENTS OF PARTICIPATING AGENCIES.—To 
the maximum extent practicable and consistent with 
applicable law, each participating agency receiving an 
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PUBLIC LAW 114–94—DEC. 4, 2015 
opportunity for involvement under clause (i) shall limit 
the comments of the agency to subject matter areas 
within the special expertise or jurisdiction of the 
agency. 
‘‘(iii) EFFECT
OF
NONPARTICIPATION.—A partici-
pating agency that declines to participate in the 
development of the purpose and need and range of 
alternatives for a project shall be required to comply 
with 
the 
schedule 
developed 
under 
subsection 
(g)(1)(B).’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘Following participation under para-
graph (1)’’ and inserting the following: 
‘‘(i) 
DETERMINATION.—Following 
participation 
under subparagraph (A)’’; and 
(ii) by adding at the end the following: 
‘‘(ii) USE.—To the maximum extent practicable and 
consistent with Federal law, the range of alternatives 
determined for a project under clause (i) shall be used 
for all Federal environmental reviews and permit proc-
esses required for the project unless the alternatives 
must be modified— 
‘‘(I) to address significant new information or 
circumstances, and the lead agency and partici-
pating agencies agree that the alternatives must 
be modified to address the new information or 
circumstances; or 
‘‘(II) for the lead agency or a participating 
agency to fulfill the responsibilities of the agency 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) in a timely manner.’’; 
and 
(C) by adding at the end the following: 
‘‘(E) REDUCTION OF DUPLICATION.— 
‘‘(i) IN GENERAL.—In carrying out this paragraph, 
the lead agency shall reduce duplication, to the max-
imum extent practicable, between— 
‘‘(I) the evaluation of alternatives under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
‘‘(II) the evaluation of alternatives in the 
metropolitan 
transportation 
planning 
process 
under section 134 or an environmental review 
process carried out under State law (referred to 
in this subparagraph as a ‘State environmental 
review process’). 
‘‘(ii) CONSIDERATION OF ALTERNATIVES.—The lead 
agency may eliminate from detailed consideration an 
alternative proposed in an environmental impact state-
ment regarding a project if, as determined by the lead 
agency— 
‘‘(I) the alternative was considered in a metro-
politan planning process or a State environmental 
review 
process 
by 
a 
metropolitan 
planning 
organization or a State or local transportation 
agency, as applicable; 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(II) the lead agency provided guidance to the 
metropolitan planning organization or State or 
local 
transportation 
agency, 
as 
applicable, 
regarding analysis of alternatives in the metropoli-
tan planning process or State environmental 
review process, including guidance on the require-
ments of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) and any other 
Federal law necessary for approval of the project; 
‘‘(III) the applicable metropolitan planning 
process or State environmental review process 
included an opportunity for public review and com-
ment; 
‘‘(IV) the applicable metropolitan planning 
organization or State or local transportation 
agency rejected the alternative after considering 
public comments; 
‘‘(V) the Federal lead agency independently 
reviewed the alternative evaluation approved by 
the applicable metropolitan planning organization 
or State or local transportation agency; and 
‘‘(VI) the Federal lead agency determined— 
‘‘(aa) in consultation with Federal partici-
pating or cooperating agencies, that the alter-
native to be eliminated from consideration is 
not necessary for compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); or 
‘‘(bb) with the concurrence of Federal 
agencies with jurisdiction over a permit or 
approval required for a project, that the alter-
native to be eliminated from consideration is 
not necessary for any permit or approval under 
any other Federal law.’’. 
(g) COORDINATION AND SCHEDULING.— 
(1) COORDINATION
PLAN.—Section 139(g)(1) of title 23, 
United States Code, is amended— 
(A) in subparagraph (A) by striking ‘‘The lead agency’’ 
and inserting ‘‘Not later than 90 days after the date of 
publication of a notice of intent to prepare an environ-
mental impact statement or the initiation of an environ-
mental assessment, the lead agency’’; and 
(B) in subparagraph (B)(i) by striking ‘‘may establish 
as part of the coordination plan’’ and inserting ‘‘shall estab-
lish as part of such coordination plan’’. 
(2) DEADLINES FOR DECISIONS UNDER OTHER LAWS.—Section 
139(g)(3) of title 23, United States Code, is amended in the 
matter preceding subparagraph (A) by inserting ‘‘and publish 
on the Internet’’ after ‘‘House of Representatives’’. 
(h) ISSUE IDENTIFICATION AND RESOLUTION.— 
(1) ISSUE RESOLUTION.—Section 139(h) of title 23, United 
States Code, is amended— 
(A) by redesignating paragraphs (4) through (7) as 
paragraphs (5) through (8), respectively; and 
(B) by inserting after paragraph (3) the following: 
‘‘(4) ISSUE RESOLUTION.—Any issue resolved by the lead 
agency with the concurrence of participating agencies may not 
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PUBLIC LAW 114–94—DEC. 4, 2015 
be reconsidered unless significant new information or cir-
cumstances arise.’’. 
(2) FAILURE TO ASSURE.—Section 139(h)(5)(C) of title 23, 
United States Code (as redesignated by paragraph (1)(A)), is 
amended by striking ‘‘paragraph (5) and’’ and inserting ‘‘para-
graph (6)’’. 
(3) FINANCIAL PENALTY PROVISIONS.—Section 139(h)(7)(B) 
of title 23, United States Code (as redesignated by paragraph 
(1)(A)), is amended— 
(A) in clause (i)(I) by striking ‘‘under section 106(i) 
is required’’ and inserting ‘‘is required under subsection 
(h) or (i) of section 106’’; and 
(B) by striking clause (ii) and inserting the following: 
‘‘(ii) DESCRIPTION OF DATE.—The date referred to 
in clause (i) is— 
‘‘(I) the date that is 30 days after the date 
for rendering a decision as described in the project 
schedule 
established 
pursuant 
to 
subsection 
(g)(1)(B); 
‘‘(II) if no schedule exists, the later of— 
‘‘(aa) the date that is 180 days after the 
date on which an application for the permit, 
license, or approval is complete; and 
‘‘(bb) the date that is 180 days after the 
date on which the Federal lead agency issues 
a decision on the project under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); or 
‘‘(III) a modified date in accordance with sub-
section (g)(1)(D).’’. 
(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.— 
(1) IN GENERAL.—Section 139(j) of title 23, United States 
Code, is amended by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORITY
TO
PROVIDE
FUNDS.—The Secretary 
may allow a public entity receiving financial assistance 
from the Department of Transportation under this title 
or chapter 53 of title 49 to provide funds to Federal agencies 
(including the Department), State agencies, and Indian 
tribes participating in the environmental review process 
for the project or program. 
‘‘(B) USE OF FUNDS.—Funds referred to in subpara-
graph (A) may be provided only to support activities that 
directly and meaningfully contribute to expediting and 
improving permitting and review processes, including plan-
ning, approval, and consultation processes for the project 
or program.’’. 
(2) ACTIVITIES
ELIGIBLE
FOR
FUNDING.—Section 139(j)(2) 
of title 23, United States Code, is amended by inserting ‘‘activi-
ties directly related to the environmental review process,’’ before 
‘‘dedicated staffing,’’. 
(3) AGREEMENT.—Section 139(j) of title 23, United States 
Code, is amended by striking paragraph (6) and inserting the 
following: 
‘‘(6) AGREEMENT.—Prior to providing funds approved by 
the Secretary for dedicated staffing at an affected agency under 
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PUBLIC LAW 114–94—DEC. 4, 2015 
paragraphs (1) and (2), the affected agency and the requesting 
public entity shall enter into an agreement that establishes 
the projects and priorities to be addressed by the use of the 
funds.’’. 
(j) ACCELERATED DECISIONMAKING; IMPROVING TRANSPARENCY 
IN ENVIRONMENTAL REVIEWS.— 
(1) IN GENERAL.—Section 139 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(n) 
ACCELERATED
DECISIONMAKING
IN
ENVIRONMENTAL 
REVIEWS.— 
‘‘(1) IN
GENERAL.—In preparing a final environmental 
impact statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), if the 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 additional agency response, the lead 
agency may write on errata sheets attached to the statement 
instead of rewriting the draft statement, subject to the condition 
that the errata sheets— 
‘‘(A) cite the sources, authorities, and reasons that 
support the position of the agency; and 
‘‘(B) if appropriate, indicate the circumstances that 
would trigger agency reappraisal or further response. 
‘‘(2) SINGLE
DOCUMENT.—To the maximum extent prac-
ticable, the lead agency shall expeditiously develop a single 
document that consists of a final environmental impact state-
ment and a record of decision, unless— 
‘‘(A) the final environmental impact statement makes 
substantial changes to the proposed action that are relevant 
to environmental or safety concerns; or 
‘‘(B) there is a significant new circumstance or informa-
tion relevant to environmental concerns that bears on the 
proposed action or the impacts of the proposed action. 
‘‘(o) IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.— 
‘‘(1) IN GENERAL.—Not later than 18 months after the date 
of enactment of this subsection, the Secretary shall— 
‘‘(A) use the searchable Internet website maintained 
under section 41003(b) of the FAST Act— 
‘‘(i) to make publicly available the status and 
progress of projects requiring an environmental assess-
ment or an environmental impact statement with 
respect to compliance with applicable requirements of 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and any other Federal, State, 
or local approval required for those projects; and 
‘‘(ii) to make publicly available the names of 
participating agencies not participating in the develop-
ment of a project purpose and need and range of alter-
natives under subsection (f); and 
‘‘(B) issue reporting standards to meet the require-
ments of subparagraph (A). 
‘‘(2) FEDERAL, STATE, AND LOCAL AGENCY PARTICIPATION.— 
‘‘(A) FEDERAL
AGENCIES.—A Federal agency partici-
pating in the environmental review or permitting process 
for a project shall provide to the Secretary information 
regarding the status and progress of the approval of the 
project for publication on the Internet website referred 
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129 STAT. 1386 
PUBLIC LAW 114–94—DEC. 4, 2015 
to in paragraph (1)(A), consistent with the standards estab-
lished under paragraph (1)(B). 
‘‘(B) STATE AND LOCAL AGENCIES.—The Secretary shall 
encourage State and local agencies participating in the 
environmental review permitting process for a project to 
provide information regarding the status and progress of 
the approval of the project for publication on the Internet 
website referred to in paragraph (1)(A). 
‘‘(3) STATES WITH DELEGATED AUTHORITY.—A State with 
delegated authority for responsibilities under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
pursuant to section 327 shall be responsible for supplying to 
the Secretary project development and compliance status for 
all applicable projects.’’. 
(2) CONFORMING AMENDMENT.—Section 1319 of MAP–21 
(42 U.S.C. 4332a), and the item relating to that section in 
the table of contents contained in section 1(c) of that Act, 
are repealed. 
(k) IMPLEMENTATION OF PROGRAMMATIC COMPLIANCE.— 
(1) RULEMAKING.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall complete a rule-
making to implement the provisions of section 139(b)(3) of 
title 23, United States Code, as amended by this section. 
(2) CONSULTATION.—Before initiating the rulemaking under 
paragraph (1), the Secretary shall consult with relevant Federal 
agencies, relevant State resource agencies, State departments 
of transportation, Indian tribes, and the public on the appro-
priate use and scope of the programmatic approaches. 
(3) REQUIREMENTS.—In carrying out this subsection, the 
Secretary shall ensure that the rulemaking meets the require-
ments of section 139(b)(3)(B) of title 23, United States Code, 
as amended by this section. 
(4) COMMENT PERIOD.—The Secretary shall— 
(A) allow not fewer than 60 days for public notice 
and comment on the proposed rule; and 
(B) address any comments received under this sub-
section. 
SEC. 
1305. 
INTEGRATION 
OF 
PLANNING 
AND 
ENVIRONMENTAL 
REVIEW. 
Section 168 of title 23, United States Code, is amended to 
read as follows: 
‘‘§ 168. Integration of planning and environmental review 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environ-
mental review process’ has the meaning given the term in 
section 139(a). 
‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has the meaning 
given the term in section 139(a). 
‘‘(3) PLANNING
PRODUCT.—The term ‘planning product’ 
means a decision, analysis, study, or other documented informa-
tion that is the result of an evaluation or decisionmaking 
process carried out by a metropolitan planning organization 
or a State, as appropriate, during metropolitan or statewide 
transportation planning under section 134 or 135, respectively. 
23 USC 139 note. 
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129 STAT. 1387 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(4) PROJECT.—The term ‘project’ has the meaning given 
the term in section 139(a). 
‘‘(5) PROJECT SPONSOR.—The term ‘project sponsor’ has the 
meaning given the term in section 139(a). 
‘‘(6) RELEVANT AGENCY.—The term ‘relevant agency’ means 
the agency with authority under subparagraph (A) or (B) of 
subsection (b)(1). 
‘‘(b) ADOPTION OR INCORPORATION BY REFERENCE OF PLANNING 
PRODUCTS FOR USE IN NEPA PROCEEDINGS.— 
‘‘(1) IN
GENERAL.—Subject to subsection (d) and to the 
maximum extent practicable and appropriate, the following 
agencies may adopt or incorporate by reference and use a 
planning product in proceedings relating to any class of action 
in the environmental review process of the project: 
‘‘(A) The lead agency for a project, with respect to 
an environmental impact statement, environmental assess-
ment, categorical exclusion, or other document prepared 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(B) The cooperating agency with responsibility under 
Federal law, with respect to the process for and completion 
of any environmental permit, approval, review, or study 
required for a project under any Federal law other than 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), if consistent with that law. 
‘‘(2) IDENTIFICATION.—If the relevant agency makes a deter-
mination to adopt or incorporate by reference and use a plan-
ning product, the relevant agency shall identify the agencies 
that participated in the development of the planning products. 
‘‘(3) ADOPTION OR INCORPORATION BY REFERENCE OF PLAN-
NING PRODUCTS.—The relevant agency may— 
‘‘(A) adopt or incorporate by reference an entire plan-
ning product under paragraph (1); or 
‘‘(B) select portions of a planning project under para-
graph (1) for adoption or incorporation by reference. 
‘‘(4) TIMING.—A determination under paragraph (1) with 
respect to the adoption or incorporation by reference of a plan-
ning product may— 
‘‘(A) be made at the time the relevant agencies decide 
the appropriate scope of environmental review for the 
project; or 
‘‘(B) occur later in the environmental review process, 
as appropriate. 
‘‘(c) APPLICABILITY.— 
‘‘(1) PLANNING
DECISIONS.—The relevant agency in the 
environmental review process may adopt or incorporate by ref-
erence decisions from a planning product, including— 
‘‘(A) whether tolling, private financial assistance, or 
other special financial measures are necessary to imple-
ment the project; 
‘‘(B) a decision with respect to general travel corridor 
or modal choice, including a decision to implement corridor 
or subarea study recommendations to advance different 
modal solutions as separate projects with independent 
utility; 
‘‘(C) the purpose and the need for the proposed action; 
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129 STAT. 1388 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(D) preliminary screening of alternatives and elimi-
nation of unreasonable alternatives; 
‘‘(E) a basic description of the environmental setting; 
‘‘(F) a decision with respect to methodologies for anal-
ysis; and 
‘‘(G) an identification of programmatic level mitigation 
for potential impacts of a project, including a programmatic 
mitigation plan developed in accordance with section 169, 
that the relevant agency determines are more effectively 
addressed on a national or regional scale, including— 
‘‘(i) measures to avoid, minimize, and mitigate 
impacts at a national or regional scale of proposed 
transportation 
investments 
on 
environmental 
resources, including regional ecosystem and water 
resources; and 
‘‘(ii) potential mitigation activities, locations, and 
investments. 
‘‘(2) PLANNING
ANALYSES.—The relevant agency in the 
environmental review process may adopt or incorporate by ref-
erence analyses from a planning product, including— 
‘‘(A) travel demands; 
‘‘(B) regional development and growth; 
‘‘(C) local land use, growth management, and develop-
ment; 
‘‘(D) population and employment; 
‘‘(E) natural and built environmental conditions; 
‘‘(F) environmental resources and environmentally sen-
sitive areas; 
‘‘(G) potential environmental effects, including the 
identification of resources of concern and potential direct, 
indirect, and cumulative effects on those resources; and 
‘‘(H) mitigation needs for a proposed project, or for 
programmatic level mitigation, for potential effects that 
the lead agency determines are most effectively addressed 
at a regional or national program level. 
‘‘(d) CONDITIONS.—The relevant agency in the environmental 
review process may adopt or incorporate by reference a planning 
product under this section if the relevant agency determines, with 
the concurrence of the lead agency and, if the planning product 
is necessary for a cooperating agency to issue a permit, review, 
or approval for the project, with the concurrence of the cooperating 
agency, that the following conditions have been met: 
‘‘(1) The planning product was developed through a plan-
ning process conducted pursuant to applicable Federal law. 
‘‘(2) The planning product was developed in consultation 
with appropriate Federal and State resource agencies and 
Indian tribes. 
‘‘(3) The planning process included broad multidisciplinary 
consideration of systems-level or corridor-wide transportation 
needs and potential effects, including effects on the human 
and natural environment. 
‘‘(4) The planning process included public notice that the 
planning products produced in the planning process may be 
adopted during a subsequent environmental review process in 
accordance with this section. 
‘‘(5) During the environmental review process, the relevant 
agency has— 
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129 STAT. 1389 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) made the planning documents available for public 
review and comment by members of the general public 
and Federal, State, local, and tribal governments that may 
have an interest in the proposed project; 
‘‘(B) provided notice of the intention of the relevant 
agency to adopt or incorporate by reference the planning 
product; and 
‘‘(C) considered any resulting comments. 
‘‘(6) There is no significant new information or new cir-
cumstance that has a reasonable likelihood of affecting the 
continued validity or appropriateness of the planning product. 
‘‘(7) The planning product has a rational basis and is based 
on reliable and reasonably current data and reasonable and 
scientifically acceptable methodologies. 
‘‘(8) The planning product is documented in sufficient detail 
to support the decision or the results of the analysis and to 
meet requirements for use of the information in the environ-
mental review process. 
‘‘(9) The planning product is appropriate for adoption or 
incorporation by reference and use in the environmental review 
process for the project and is incorporated in accordance with, 
and is sufficient to meet the requirements of, the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and section 1502.21 of title 40, Code of Federal Regulations 
(as in effect on the date of enactment of the FAST Act). 
‘‘(10) The planning product was approved within the 5- 
year period ending on the date on which the information is 
adopted or incorporated by reference. 
‘‘(e) EFFECT OF ADOPTION OR INCORPORATION BY REFERENCE.— 
Any planning product adopted or incorporated by reference by the 
relevant agency in accordance with this section may be— 
‘‘(1) incorporated directly into an environmental review 
process document or other environmental document; and 
‘‘(2) relied on and used by other Federal agencies in car-
rying out reviews of the project. 
‘‘(f) RULES OF CONSTRUCTION.— 
‘‘(1) IN GENERAL.—This section does not make the environ-
mental review process applicable to the transportation planning 
process conducted under this title and chapter 53 of title 49. 
‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of 
the environmental review process as a part of, or concurrently 
with, transportation planning activities does not subject 
transportation plans and programs to the environmental review 
process. 
‘‘(3) PLANNING PRODUCTS.—This section does not affect the 
use of planning products in the environmental review process 
pursuant to other authorities under any other provision of 
law or restrict the initiation of the environmental review 
process during planning.’’. 
SEC. 1306. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS. 
Section 169(f) of title 23, United States Code, is amended— 
(1) by striking ‘‘may use’’ and inserting ‘‘shall give substan-
tial weight to’’; and 
(2) by inserting ‘‘or other Federal environmental law’’ before 
the period at the end. 
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129 STAT. 1390 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1307. TECHNICAL ASSISTANCE FOR STATES. 
Section 326 of title 23, United States Code, is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraphs (2) through (4) as 
paragraphs (3) through (5), respectively; and 
(B) by inserting after paragraph (1) the following: 
‘‘(2) ASSISTANCE
TO
STATES.—On request of a Governor 
of a State, the Secretary shall provide to the State technical 
assistance, training, or other support relating to— 
‘‘(A) assuming responsibility under subsection (a); 
‘‘(B) developing a memorandum of understanding under 
this subsection; or 
‘‘(C) addressing a responsibility in need of corrective 
action under subsection (d)(1)(B).’’; and 
(2) in subsection (d), by striking paragraph (1) and inserting 
the following: 
‘‘(1) TERMINATION
BY
SECRETARY.—The Secretary may 
terminate the participation of any State in the program if— 
‘‘(A) the Secretary determines that the State is not 
adequately carrying out the responsibilities assigned to 
the State; 
‘‘(B) the Secretary provides to the State— 
‘‘(i) a notification of the determination of non-
compliance; 
‘‘(ii) a period of not less than 120 days to take 
such corrective action as the Secretary determines to 
be necessary to comply with the applicable agreement; 
and 
‘‘(iii) on request of the Governor of the State, a 
detailed description of each responsibility in need of 
corrective action regarding an inadequacy identified 
under subparagraph (A); and 
‘‘(C) the State, after the notification and period 
described in clauses (i) and (ii) of subparagraph (B), fails 
to take satisfactory corrective action, as determined by 
the Secretary.’’. 
SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. 
Section 327 of title 23, United States Code, is amended— 
(1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 U.S.C. 13 
4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 4321 et seq.)’’; 
(2) in subsection (c)(4) by inserting ‘‘reasonably’’ before 
‘‘considers necessary’’; 
(3) in subsection (e) by inserting ‘‘and without further 
approval of’’ after ‘‘in lieu of’’; 
(4) in subsection (g)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—To ensure compliance by a State with 
any agreement of the State under subsection (c) (including 
compliance by the State with all Federal laws for which respon-
sibility is assumed under subsection (a)(2)), for each State 
participating in the program under this section, the Secretary 
shall— 
‘‘(A) not later than 180 days after the date of execution 
of the agreement, meet with the State to review 
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129 STAT. 1391 
PUBLIC LAW 114–94—DEC. 4, 2015 
implementation of the agreement and discuss plans for 
the first annual audit; 
‘‘(B) conduct annual audits during each of the first 
4 years of State participation; and 
‘‘(C) ensure that the time period for completing an 
annual audit, from initiation to completion (including public 
comment and responses to those comments), does not 
exceed 180 days.’’; and 
(B) by adding at the end the following: 
‘‘(3) AUDIT TEAM.— 
‘‘(A) IN
GENERAL.—An audit conducted under para-
graph (1) shall be carried out by an audit team determined 
by the Secretary, in consultation with the State, in accord-
ance with subparagraph (B). 
‘‘(B) CONSULTATION.—Consultation with the State 
under subparagraph (A) shall include a reasonable oppor-
tunity for the State to review and provide comments on 
the proposed members of the audit team.’’; 
(5) in subsection (j) by striking paragraph (1) and inserting 
the following: 
‘‘(1) TERMINATION
BY
SECRETARY.—The Secretary may 
terminate the participation of any State in the program if— 
‘‘(A) the Secretary determines that the State is not 
adequately carrying out the responsibilities assigned to 
the State; 
‘‘(B) the Secretary provides to the State— 
‘‘(i) a notification of the determination of non-
compliance; 
‘‘(ii) a period of not less than 120 days to take 
such corrective action as the Secretary determines to 
be necessary to comply with the applicable agreement; 
and 
‘‘(iii) on request of the Governor of the State, a 
detailed description of each responsibility in need of 
corrective action regarding an inadequacy identified 
under subparagraph (A); and 
‘‘(C) the State, after the notification and period pro-
vided under subparagraph (B), fails to take satisfactory 
corrective action, as determined by the Secretary.’’; and 
(6) by adding at the end the following: 
‘‘(k) CAPACITY BUILDING.—The Secretary, in cooperation with 
representatives of State officials, may carry out education, training, 
peer-exchange, and other initiatives as appropriate— 
‘‘(1) to assist States in developing the capacity to participate 
in the assignment program under this section; and 
‘‘(2) to promote information sharing and collaboration 
among States that are participating in the assignment program 
under this section. 
‘‘(l) RELATIONSHIP
TO LOCALLY ADMINISTERED PROJECTS.—A 
State granted authority under this section may, as appropriate 
and at the request of a local government— 
‘‘(1) exercise such authority on behalf of the local govern-
ment for a locally administered project; or 
‘‘(2) provide guidance and training on consolidating and 
minimizing the documentation and environmental analyses nec-
essary for sponsors of a locally administered project to comply 
with the National Environmental Policy Act of 1969 (42 U.S.C. 
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129 STAT. 1392 
PUBLIC LAW 114–94—DEC. 4, 2015 
4321 et seq.) and any comparable requirements under State 
law.’’. 
SEC. 1309. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRON-
MENTAL REVIEWS. 
(a) PURPOSE.—The purpose of this section is to eliminate 
duplication of environmental reviews and approvals under State 
laws and the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(b) IN GENERAL.—Chapter 3 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘§ 330. Program for eliminating duplication of environmental 
reviews 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Secretary shall establish a pilot 
program to authorize States that have assumed responsibilities 
of the Secretary under section 327 and are approved to partici-
pate in the program under this section to conduct environ-
mental reviews and make approvals for projects under State 
environmental laws and regulations instead of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
consistent with the requirements of this section. 
‘‘(2) PARTICIPATING STATES.—The Secretary may select not 
more than 5 States to participate in the program. 
‘‘(3) ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL 
PROCEDURES DEFINED.—In this section, the term ‘alternative 
environmental review and approval procedures’ means— 
‘‘(A) substitution of 1 or more State environmental 
laws for— 
‘‘(i) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
‘‘(ii) any provisions of section 139 establishing 
procedures for the implementation of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) that are under the authority of the Secretary, 
as the Secretary, in consultation with the State, con-
siders appropriate; and 
‘‘(iii) related regulations and Executive orders; and 
‘‘(B) substitution of 1 or more State environmental 
regulations for— 
‘‘(i) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
‘‘(ii) any provisions of section 139 establishing 
procedures for the implementation of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) that are under the authority of the Secretary, 
as the Secretary, in consultation with the State, con-
siders appropriate; and 
‘‘(iii) related regulations and Executive orders. 
‘‘(b) APPLICATION.—To be eligible to participate in the program, 
a State shall submit to the Secretary an application containing 
such information as the Secretary may require, including— 
‘‘(1) a full and complete description of the proposed alter-
native environmental review and approval procedures of the 
State, including— 
23 USC 330 note. 
23 USC 330 note. 
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129 STAT. 1393 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) the procedures the State uses to engage the public 
and consider alternatives to the proposed action; and 
‘‘(B) the extent to which the State considers environ-
mental consequences or impacts on resources potentially 
impacted by the proposed action (such as air, water, or 
species); 
‘‘(2) each Federal requirement described in subsection (a)(3) 
that the State is seeking to substitute; 
‘‘(3) each State law or regulation that the State intends 
to substitute for such Federal requirement; 
‘‘(4) an explanation of the basis for concluding that the 
State law or regulation is at least as stringent as the Federal 
requirement described in subsection (a)(3); 
‘‘(5) a description of the projects or classes of projects for 
which the State anticipates exercising the authority that may 
be granted under the program; 
‘‘(6) verification that the State has the financial resources 
necessary to carry out the authority that may be granted under 
the program; 
‘‘(7) evidence of having sought, received, and addressed 
comments on the proposed application from the public; and 
‘‘(8) any such additional information as the Secretary, or, 
with respect to section (d)(1)(A), the Secretary in consultation 
with the Chair, may require. 
‘‘(c) REVIEW OF APPLICATION.—In accordance with subsection 
(d), the Secretary shall— 
‘‘(1) review and accept public comments on an application 
submitted under subsection (b); 
‘‘(2) approve or disapprove the application not later than 
120 days after the date of receipt of an application that the 
Secretary determines is complete; and 
‘‘(3) transmit to the State notice of the approval or dis-
approval, together with a statement of the reasons for the 
approval or disapproval. 
‘‘(d) APPROVAL OF APPLICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall approve an applica-
tion submitted under subsection (b) only if— 
‘‘(A) the Secretary, with the concurrence of the Chair 
and after considering any public comments received pursu-
ant to subsection (c), determines that the laws and regula-
tions of the State described in the application are at least 
as stringent as the Federal requirements described in sub-
section (a)(3); 
‘‘(B) the Secretary, after considering any public com-
ments received pursuant to subsection (c), determines that 
the State has the capacity, including financial and per-
sonnel, to assume the responsibility; 
‘‘(C) the State has executed an agreement with the 
Secretary in accordance with section 327; and 
‘‘(D) the State has executed an agreement with the 
Secretary under this section that— 
‘‘(i) has been executed by the Governor or the 
top-ranking transportation official in the State who 
is charged with responsibility for highway construction; 
‘‘(ii) is in such form as the Secretary may prescribe; 
‘‘(iii) provides that the State— 
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129 STAT. 1394 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(I) agrees to assume the responsibilities, as 
identified by the Secretary, under this section; 
‘‘(II) expressly consents, on behalf of the State, 
to accept the jurisdiction of the Federal courts 
under subsection (e)(1) for the compliance, dis-
charge, and enforcement of any responsibility 
under this section; 
‘‘(III) certifies that State laws (including regu-
lations) are in effect that— 
‘‘(aa) authorize the State to take the 
actions necessary to carry out the responsibil-
ities being assumed; and 
‘‘(bb) are comparable to section 552 of title 
5, including providing that any decision 
regarding the public availability of a document 
under those State laws is reviewable by a 
court of competent jurisdiction; and 
‘‘(IV) 
agrees 
to 
maintain 
the 
financial 
resources necessary to carry out the responsibil-
ities being assumed; 
‘‘(iv) requires the State to provide to the Secretary 
any information the Secretary reasonably considers 
necessary to ensure that the State is adequately car-
rying out the responsibilities assigned to the State; 
‘‘(v) has a term of not more than 5 years; and 
‘‘(vi) is renewable. 
‘‘(2) EXCLUSION.—The National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) shall not apply to a decision 
by the Secretary to approve or disapprove an application sub-
mitted under this section. 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—The United States district courts shall 
have exclusive jurisdiction over any civil action against a State 
relating to the failure of the State— 
‘‘(A) to meet the requirements of this section; or 
‘‘(B) to follow the alternative environmental review 
and approval procedures approved pursuant to this section. 
‘‘(2) LIMITATION ON REVIEW.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, a claim seeking judicial review of a permit, 
license, or approval issued by a State under this section 
shall be barred unless the claim is filed not later than 
2 years after the date of publication in the Federal Register 
by the Secretary of a notice that the permit, license, or 
approval is final pursuant to the law under which the 
action is taken. 
‘‘(B) DEADLINES.— 
‘‘(i) NOTIFICATION.—The State shall notify the Sec-
retary of the final action of the State not later than 
10 days after the final action is taken. 
‘‘(ii) PUBLICATION.—The Secretary shall publish 
the notice of final action in the Federal Register not 
later than 30 days after the date of receipt of the 
notice under clause (i). 
‘‘(C) SAVINGS PROVISION.—Nothing in this subsection 
creates a right to judicial review or places any limit on 
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129 STAT. 1395 
PUBLIC LAW 114–94—DEC. 4, 2015 
filing a claim that a person has violated the terms of 
a permit, license, or approval. 
‘‘(3) NEW INFORMATION.— 
‘‘(A) IN GENERAL.—A State shall consider new informa-
tion received after the close of a comment period if the 
information satisfies the requirements for a supplemental 
environmental impact statement under section 771.130 of 
title 23, Code of Federal Regulations (or successor regula-
tions). 
‘‘(B) TREATMENT OF FINAL AGENCY ACTION.— 
‘‘(i) IN GENERAL.—The final agency action that fol-
lows preparation of a supplemental environmental 
impact statement, if required, shall be considered a 
separate final agency action, and the deadline for filing 
a claim for judicial review of the action shall be 2 
years after the date of publication in the Federal Reg-
ister by the Secretary of a notice announcing such 
action. 
‘‘(ii) DEADLINES.— 
‘‘(I) NOTIFICATION.—The State shall notify the 
Secretary of the final action of the State not later 
than 10 days after the final action is taken. 
‘‘(II) PUBLICATION.—The Secretary shall pub-
lish the notice of final action in the Federal Reg-
ister not later than 30 days after the date of receipt 
of the notice under subclause (I). 
‘‘(f) ELECTION.—A State participating in the programs under 
this section and section 327, at the discretion of the State, may 
elect to apply the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) instead of the alternative environmental review 
and approval procedures of the State. 
‘‘(g) ADOPTION
OR INCORPORATION
BY REFERENCE
OF DOCU-
MENTS.—To the maximum extent practicable and consistent with 
Federal law, other Federal agencies with authority over a project 
subject to this section shall adopt or incorporate by reference docu-
ments produced by a participating State under this section to satisfy 
the requirements of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(h) RELATIONSHIP TO LOCALLY ADMINISTERED PROJECTS.— 
‘‘(1) IN GENERAL.—A State with an approved program under 
this section, at the request of a local government, may exercise 
authority under that program on behalf of up to 25 local govern-
ments for locally administered projects. 
‘‘(2) SCOPE.—For up to 25 local governments selected by 
a State with an approved program under this section, the 
State shall be responsible for ensuring that any environmental 
review, consultation, or other action required under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) or the State program, or both, meets the requirements 
of such Act or program. 
‘‘(i) REVIEW AND TERMINATION.— 
‘‘(1) IN GENERAL.—A State program approved under this 
section shall at all times be in accordance with the requirements 
of this section. 
‘‘(2) REVIEW.—The Secretary shall review each State pro-
gram approved under this section not less than once every 
5 years. 
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129 STAT. 1396 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(3) PUBLIC
NOTICE
AND
COMMENT.—In conducting the 
review process under paragraph (2), the Secretary shall provide 
notice and an opportunity for public comment. 
‘‘(4) WITHDRAWAL OF APPROVAL.—If the Secretary, in con-
sultation with the Chair, determines at any time that a State 
is not administering a State program approved under this 
section in accordance with the requirements of this section, 
the Secretary shall so notify the State, and if appropriate 
corrective action is not taken within a reasonable time, not 
to exceed 90 days, the Secretary shall withdraw approval of 
the State program. 
‘‘(5) EXTENSIONS AND TERMINATIONS.—At the conclusion of 
the review process under paragraph (2), the Secretary may 
extend for an additional 5-year period or terminate the 
authority of a State under this section to substitute the laws 
and regulations of the State for the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(j) REPORT TO CONGRESS.—Not later than 2 years after the 
date of enactment of this section, and annually thereafter, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report that 
describes the administration of the program, including— 
‘‘(1) the number of States participating in the program; 
‘‘(2) the number and types of projects for which each State 
participating in the program has used alternative environ-
mental review and approval procedures; 
‘‘(3) a description and assessment of whether implementa-
tion of the program has resulted in more efficient review of 
projects; and 
‘‘(4) any recommendations for modifications to the program. 
‘‘(k) SUNSET.—The program shall terminate 12 years after the 
date of enactment of this section. 
‘‘(l) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) CHAIR.—The term ‘Chair’ means the Chair of the 
Council on Environmental Quality. 
‘‘(2) MULTIMODAL PROJECT.—The term ‘multimodal project’ 
has the meaning given that term in section 139(a). 
‘‘(3) PROGRAM.—The term ‘program’ means the pilot pro-
gram established under this section. 
‘‘(4) PROJECT.—The term ‘project’ means— 
‘‘(A) a project requiring approval under this title, 
chapter 53 of subtitle III of title 49, or subtitle V of title 
49; and 
‘‘(B) a multimodal project.’’. 
(c) RULEMAKING.— 
(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of this Act, the Secretary, in consultation with 
the Chair of the Council on Environmental Quality, shall 
promulgate regulations to implement the requirements of sec-
tion 330 of title 23, United States Code, as added by this 
section. 
(2) DETERMINATION OF STRINGENCY.—As part of the rule-
making required under this subsection, the Chair shall— 
(A) establish the criteria necessary to determine that 
a State law or regulation is at least as stringent as a 
23 USC 330 note. 
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129 STAT. 1397 
PUBLIC LAW 114–94—DEC. 4, 2015 
Federal requirement described in section 330(a)(3) of title 
23, United States Code; and 
(B) ensure that the criteria, at a minimum— 
(i) provide for protection of the environment; 
(ii) provide opportunity for public participation and 
comment, including access to the documentation nec-
essary to review the potential impact of a project; 
and 
(iii) ensure a consistent review of projects that 
would otherwise have been covered under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(d) CLERICAL AMENDMENT.—The analysis for chapter 3 of title 
23, United States Code, is amended by adding at the end the 
following: 
‘‘330. Program for eliminating duplication of environmental reviews.’’. 
SEC. 
1310. 
APPLICATION 
OF 
CATEGORICAL 
EXCLUSIONS 
FOR 
MULTIMODAL PROJECTS. 
Section 304 of title 49, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘operating authority that’’ and 
inserting ‘‘operating administration or secretarial office 
that has expertise but’’; and 
(ii) by inserting ‘‘proposed multimodal’’ after ‘‘with 
respect to a’’; and 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) LEAD AUTHORITY.—The term ‘lead authority’ means 
a Department of Transportation operating administration or 
secretarial office that has the lead responsibility for compliance 
with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to a proposed multimodal project.’’; 
(2) in subsection (b) by inserting ‘‘or title 23’’ after ‘‘under 
this title’’; 
(3) by striking subsection (c) and inserting the following: 
‘‘(c) 
APPLICATION
OF
CATEGORICAL
EXCLUSIONS
FOR 
MULTIMODAL PROJECTS.—In considering the environmental impacts 
of a proposed multimodal project, a lead authority may apply cat-
egorical exclusions designated under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regula-
tions or procedures of a cooperating authority for a proposed 
multimodal project, subject to the conditions that— 
‘‘(1) the lead authority makes a determination, with the 
concurrence of the cooperating authority— 
‘‘(A) on the applicability of a categorical exclusion to 
a proposed multimodal project; and 
‘‘(B) that the project satisfies the conditions for a cat-
egorical exclusion under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and this section; 
‘‘(2) the lead authority follows the implementing regulations 
of the cooperating authority or procedures under that Act; 
and 
‘‘(3) the lead authority determines that— 
23 USC 
prec. 301. 
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129 STAT. 1398 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) the proposed multimodal project does not individ-
ually or cumulatively have a significant impact on the 
environment; and 
‘‘(B) extraordinary circumstances do not exist that 
merit additional analysis and documentation in an environ-
mental impact statement or environmental assessment 
required under that Act.’’; and 
(4) by striking subsection (d) and inserting the following: 
‘‘(d) COOPERATING
AUTHORITY
EXPERTISE.—A cooperating 
authority shall provide expertise to the lead authority on aspects 
of the multimodal project in which the cooperating authority has 
expertise.’’. 
SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL 
REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is amended 
by inserting after section 304 the following: 
‘‘§ 304a. 
Accelerated 
decisionmaking 
in 
environmental 
reviews 
‘‘(a) IN GENERAL.—In preparing a final environmental impact 
statement under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), if the 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 
additional agency response, the lead agency may write on errata 
sheets attached to the statement, instead of rewriting the draft 
statement, subject to the condition that the errata sheets— 
‘‘(1) cite the sources, authorities, and reasons that support 
the position of the agency; and 
‘‘(2) if appropriate, indicate the circumstances that would 
trigger agency reappraisal or further response. 
‘‘(b) SINGLE DOCUMENT.—To the maximum extent practicable, 
the lead agency shall expeditiously develop a single document that 
consists of a final environmental impact statement and a record 
of decision, unless— 
‘‘(1) the final environmental impact statement makes 
substantial changes to the proposed action that are relevant 
to environmental or safety concerns; or 
‘‘(2) there is a significant new circumstance or information 
relevant to environmental concerns that bears on the proposed 
action or the impacts of the proposed action. 
‘‘(c) ADOPTION AND INCORPORATION BY REFERENCE OF DOCU-
MENTS.— 
‘‘(1) AVOIDING
DUPLICATION.—To prevent duplication of 
analyses and support expeditious and efficient decisions, the 
operating administrations of the Department of Transportation 
shall use adoption and incorporation by reference in accordance 
with this subsection. 
‘‘(2) ADOPTION
OF
DOCUMENTS
OF
OTHER
OPERATING 
ADMINISTRATIONS.—An operating administration or a secre-
tarial office within the Department of Transportation may adopt 
a draft environmental impact statement, an environmental 
assessment, or a final environmental impact statement of 
another operating administration for the use of the adopting 
operating administration when preparing an environmental 
assessment or final environmental impact statement for a 
49 USC 304a. 
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129 STAT. 1399 
PUBLIC LAW 114–94—DEC. 4, 2015 
project without recirculating the document for public review, 
if— 
‘‘(A) the adopting operating administration certifies 
that the proposed action is substantially the same as the 
project considered in the document to be adopted; 
‘‘(B) the other operating administration concurs with 
such decision; and 
‘‘(C) such actions are consistent with the requirements 
of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(3) INCORPORATION BY REFERENCE.—An operating adminis-
tration or secretarial office within the Department of Transpor-
tation may incorporate by reference all or portions of a draft 
environmental impact statement, an environmental assessment, 
or a final environmental impact statement for the use of the 
adopting operating administration when preparing an environ-
mental assessment or final environmental impact statement 
for a project if— 
‘‘(A) the incorporated material is cited in the environ-
mental assessment or final environmental impact state-
ment and the contents of the incorporated material are 
briefly described; 
‘‘(B) the incorporated material is reasonably available 
for inspection by potentially interested persons within the 
time allowed for review and comment; and 
‘‘(C) the incorporated material does not include propri-
etary data that is not available for review and comment.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
title 49, United States Code, is amended by inserting after the 
item relating to section 304 the following: 
‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 
SEC. 1312. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT 
IN ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is amended 
by inserting after section 306 the following: 
‘‘§ 307. Improving State and Federal agency engagement in 
environmental reviews 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUESTS
TO
PROVIDE
FUNDS.—A public entity 
receiving financial assistance from the Department of Transpor-
tation for 1 or more projects, or for a program of projects, 
for a public purpose may request that the Secretary allow 
the public entity to provide funds to Federal agencies, including 
the Department, State agencies, and Indian tribes participating 
in the environmental planning and review process for the 
project, projects, or program. 
‘‘(2) USE OF FUNDS.—The funds may be provided only to 
support activities that directly and meaningfully contribute 
to expediting and improving permitting and review processes, 
including planning, approval, and consultation processes for 
the project, projects, or program. 
‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities 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 
49 USC 307 note. 
49 USC 
prec. 301. 
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129 STAT. 1400 
PUBLIC LAW 114–94—DEC. 4, 2015 
review process, dedicated staffing, training of agency personnel, 
information gathering and mapping, and development of pro-
grammatic agreements. 
‘‘(c) AMOUNTS.—A request under subsection (a) may be approved 
only for the additional amounts that the Secretary determines 
are necessary for the Federal agencies, State agencies, or Indian 
tribes participating in the environmental review process to timely 
conduct the review. 
‘‘(d) AGREEMENTS.—Prior to providing funds approved by the 
Secretary for dedicated staffing at an affected 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) GUIDANCE.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this section, the Secretary shall issue guidance 
to implement this section. 
‘‘(2) FACTORS.—As part of the guidance issued under para-
graph (1), the Secretary shall ensure— 
‘‘(A) to the maximum extent practicable, that expe-
diting and improving the process of environmental review 
and permitting through the use of funds accepted and 
expended under this section does not adversely affect the 
timeline for review and permitting by Federal agencies, 
State agencies, or Indian tribes of other entities that have 
not contributed funds under this section; 
‘‘(B) that the use of funds accepted under this section 
will not impact impartial decisionmaking with respect to 
environmental reviews or permits, either substantively or 
procedurally; and 
‘‘(C) that the Secretary maintains, and makes publicly 
available, including on the Internet, a list of projects or 
programs for which such review or permits have been 
carried out using funds authorized under this section. 
‘‘(f) EXISTING AUTHORITY.—Nothing in this section may be con-
strued to conflict with section 139(j) of title 23.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
title 49, United States Code, is amended by inserting after the 
item relating to section 306 the following: 
‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 
SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. 
(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
ENVIRONMENTAL 
REVIEWS.—Not later than 1 year after the date of enactment of 
this section, the Department of Transportation, in coordination 
with the heads of Federal agencies likely to have substantive review 
or approval responsibilities under Federal law, shall develop a 
coordinated and concurrent environmental review and permitting 
process for transportation projects when initiating an environmental 
impact statement under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as 
‘NEPA’). 
49 USC 310. 
49 USC 
prec. 301. 
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129 STAT. 1401 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(b) CONTENTS.—The coordinated and concurrent environmental 
review and permitting process developed under subsection (a) 
shall— 
‘‘(1) ensure that the Department of Transportation and 
agencies of jurisdiction possess sufficient information early in 
the review process to determine a statement of a transportation 
project’s purpose and need and range of alternatives for analysis 
that the lead agency and agencies of jurisdiction will rely 
on for concurrent environmental reviews and permitting 
decisions required for the proposed project; 
‘‘(2) achieve early concurrence or issue resolution during 
the NEPA scoping process on the Department of Transpor-
tation’s statement of a project’s purpose and need, and during 
development of the environmental impact statement on the 
range of alternatives for analysis, that the lead agency and 
agencies of jurisdiction will rely on for concurrent environ-
mental reviews and permitting decisions required for the pro-
posed project absent circumstances that require reconsideration 
in order to meet an agency of jurisdiction’s obligations under 
a statute or Executive order; and 
‘‘(3) achieve concurrence or issue resolution in an expedited 
manner if circumstances arise that require 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 a statute or Executive order. 
‘‘(c) ENVIRONMENTAL CHECKLIST.— 
‘‘(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this section, the Secretary of Transportation 
and Federal agencies of jurisdiction likely to have substantive 
review or approval responsibilities on transportation projects 
shall jointly develop a checklist to help project sponsors identify 
potential natural, cultural, and historic resources in the area 
of a proposed project. 
‘‘(2) PURPOSE.—The purpose of the checklist shall be to— 
‘‘(A) identify agencies of jurisdiction and cooperating 
agencies; 
‘‘(B) develop the information needed for the purpose 
and need and alternatives for analysis; and 
‘‘(C) improve interagency collaboration to help expedite 
the permitting process for the lead agency and agencies 
of jurisdiction. 
‘‘(d) INTERAGENCY COLLABORATION.— 
‘‘(1) IN GENERAL.—Consistent with Federal environmental 
statutes, the Secretary of Transportation shall facilitate annual 
interagency collaboration sessions at the appropriate jurisdic-
tional level to coordinate business plans and facilitate coordina-
tion of workload planning and workforce management. 
‘‘(2) PURPOSE
OF
COLLABORATION
SESSIONS.—The inter-
agency collaboration sessions shall ensure that agency staff 
is— 
‘‘(A) fully engaged; 
‘‘(B) utilizing the flexibility of existing regulations, poli-
cies, and guidance; and 
‘‘(C) identifying additional actions to facilitate high 
quality, efficient, and targeted environmental reviews and 
permitting decisions. 
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129 STAT. 1402 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(3) FOCUS OF COLLABORATION SESSIONS.—The interagency 
collaboration sessions, and the interagency collaborations gen-
erated by the sessions, shall focus on methods to— 
‘‘(A) work with State and local transportation entities 
to improve project planning, siting, and application quality; 
and 
‘‘(B) consult and coordinate with relevant stakeholders 
and Federal, tribal, State, and local representatives early 
in permitting processes. 
‘‘(4) CONSULTATION.—The interagency collaboration ses-
sions shall include a consultation with groups or individuals 
representing State, tribal, and local governments that are 
engaged in the infrastructure permitting process. 
‘‘(e) PERFORMANCE MEASUREMENT.—Not later than 1 year after 
the date of enactment of this section, the Secretary of Transpor-
tation, in coordination with relevant Federal agencies, shall estab-
lish a program to measure and report on progress toward aligning 
Federal reviews and reducing permitting and project delivery time 
as outlined in this section. 
‘‘(f) REPORTS.— 
‘‘(1) REPORT TO CONGRESS.—Not later than 2 years after 
the date of enactment of this section and biennially thereafter, 
the Secretary of Transportation shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives a report that describes— 
‘‘(A) progress in aligning Federal environmental 
reviews under this section; and 
‘‘(B) the impact this section has had on accelerating 
the environmental review and permitting process. 
‘‘(2) INSPECTOR GENERAL REPORT.—Not later than 3 years 
after the date of enactment of this section, the Inspector Gen-
eral of the Department of Transportation shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report that describes— 
‘‘(A) progress in aligning Federal environmental 
reviews under this section; and 
‘‘(B) the impact this section has had on accelerating 
the environmental review and permitting process. 
‘‘(g) SAVINGS PROVISION.—This section shall not apply to any 
project subject to section 139 of title 23.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
title 49, United States Code, is amended by inserting after the 
item relating to section 309 the following: 
‘‘310. Aligning Federal environmental reviews.’’. 
SEC. 1314. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FED-
ERAL ASSISTANCE. 
(a) ADJUSTMENT FOR INFLATION.—Section 1317 of MAP–21 (23 
U.S.C. 109 note; Public Law 112–141) is amended— 
(1) in paragraph (1)(A) by inserting ‘‘(as adjusted annually 
by the Secretary to reflect any increases in the Consumer 
Price Index prepared by the Department of Labor)’’ after 
‘‘$5,000,000’’; and 
(2) in paragraph (1)(B) by inserting ‘‘(as adjusted annually 
by the Secretary to reflect any increases in the Consumer 
49 USC 
prec. 301. 
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129 STAT. 1403 
PUBLIC LAW 114–94—DEC. 4, 2015 
Price Index prepared by the Department of Labor)’’ after 
‘‘$30,000,000’’. 
(b) RETROACTIVE APPLICATION.—The first adjustment made 
pursuant to the amendments made by subsection (a) shall— 
(1) be carried out not later than 60 days after the date 
of enactment of this Act; and 
(2) reflect the increase in the Consumer Price Index since 
July 1, 2012. 
SEC. 1315. PROGRAMMATIC AGREEMENT TEMPLATE. 
(a) IN GENERAL.—Section 1318 of MAP–21 (23 U.S.C. 109 note; 
Public Law 112–141) is amended by adding at the end the following: 
‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— 
‘‘(1) IN GENERAL.—The Secretary shall develop a template 
programmatic agreement described in subsection (d) that pro-
vides for efficient and adequate procedures for evaluating Fed-
eral actions described in section 771.117(c) of title 23, Code 
of Federal Regulations (as in effect on the date of enactment 
of this subsection). 
‘‘(2) USE OF TEMPLATE.—The Secretary— 
‘‘(A) on receipt of a request from a State, shall use 
the template programmatic agreement developed under 
paragraph (1) in carrying out this section; and 
‘‘(B) on consent of the applicable State, may modify 
the template as necessary to address the unique needs 
and characteristics of the State. 
‘‘(3) OUTCOME MEASUREMENTS.—The Secretary shall estab-
lish a method to verify that actions described in section 
771.117(c) of title 23, Code of Federal Regulations (as in effect 
on the date of enactment of this subsection), are evaluated 
and documented in a consistent manner by the State that 
uses the template programmatic agreement under this sub-
section.’’. 
(b) CATEGORICAL EXCLUSION DETERMINATIONS.—Not later than 
30 days after the date of enactment of this Act, the Secretary 
shall revise section 771.117(g) of title 23, Code of Federal Regula-
tions, to allow a programmatic agreement under this section to 
include responsibility for making categorical exclusion determina-
tions— 
(1) for actions described in subsections (c) and (d) of section 
771.117 of title 23, Code of Federal Regulations; and 
(2) that meet the criteria for a categorical exclusion under 
section 1508.4 of title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this Act), and are identified 
in the programmatic agreement. 
SEC. 1316. ASSUMPTION OF AUTHORITIES. 
(a) IN GENERAL.—The Secretary shall use the authority under 
section 106(c) of title 23, United States Code, to the maximum 
extent practicable, to allow a State to assume the responsibilities 
of the Secretary for project design, plans, specifications, estimates, 
contract awards, and inspection of projects, on both a project-specific 
and programmatic basis. 
(b) SUBMISSION
OF RECOMMENDATIONS.—Not later than 18 
months after the date of enactment of this Act, the Secretary, 
in cooperation with the States, shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works of 
23 USC 106 note. 
23 USC 109 note. 
23 USC 109 note. 
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129 STAT. 1404 
PUBLIC LAW 114–94—DEC. 4, 2015 
the Senate recommendations for legislation to permit the assump-
tion of additional authorities by States, including with respect to 
real estate acquisition and project design. 
SEC. 1317. MODERNIZATION OF THE ENVIRONMENTAL REVIEW 
PROCESS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall examine ways to mod-
ernize, simplify, and improve the implementation of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the 
Department. 
(b) INCLUSIONS.—In carrying out subsection (a), the Secretary 
shall consider— 
(1) the use of technology in the process, such as— 
(A) searchable databases; 
(B) geographic information system mapping tools; 
(C) integration of those tools with fiscal management 
systems to provide more detailed data; and 
(D) other innovative technologies; 
(2) ways to prioritize use of programmatic environmental 
impact statements; 
(3) methods to encourage cooperating agencies to present 
analyses in a concise format; and 
(4) any other improvements that can be made to modernize 
process implementation. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
a report describing the results of the review carried out under 
subsection (a). 
SEC. 1318. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT 
DELIVERY. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall assess the progress made under this Act, MAP–21 (Public 
Law 112–141), and SAFETEA–LU (Public Law 109–59), including 
the amendments made by those Acts, to accelerate the delivery 
of Federal-aid highway and highway safety construction projects 
and public transportation capital projects by streamlining the 
environmental review and permitting process. 
(b) CONTENTS.—The assessment required under subsection (a) 
shall evaluate— 
(1) how often the various streamlining provisions have 
been used; 
(2) which of the streamlining provisions have had the 
greatest impact on streamlining the environmental review and 
permitting process; 
(3) what, if any, impact streamlining of the process has 
had on environmental protection; 
(4) how, and the extent to which, streamlining provisions 
have improved and accelerated the process for permitting under 
the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), and other applicable Federal laws; 
(5) what impact actions by the Council on Environmental 
Quality have had on accelerating Federal-aid highway and 
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129 STAT. 1405 
PUBLIC LAW 114–94—DEC. 4, 2015 
highway safety construction projects and public transportation 
capital projects; 
(6) the number and percentage of projects that proceed 
under a traditional environmental assessment or environmental 
impact statement, and the number and percentage of projects 
that proceed under categorical exclusions; 
(7) the extent to which the environmental review and 
permitting process remains a significant source of project delay 
and the sources of delays; and 
(8) the costs of conducting environmental reviews and 
issuing permits or licenses for a project, including the cost 
of contractors and dedicated agency staff. 
(c) RECOMMENDATIONS.—The assessment required under sub-
section (a) shall include recommendations with respect to— 
(1) additional opportunities for streamlining the environ-
mental review process, including regulatory or statutory 
changes to accelerate the processes of Federal agencies (other 
than the Department) with responsibility for reviewing Federal- 
aid highway and highway safety construction projects and 
public transportation capital projects without negatively 
impacting the environment; and 
(2) best practices of other Federal agencies that should 
be considered for adoption by the Department. 
(d) REPORT TO CONGRESS.—The Comptroller General of the 
United States shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate a report 
containing the assessment and recommendations required under 
this section. 
Subtitle D—Miscellaneous 
SEC. 1401. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED 
TRAFFIC ENFORCEMENT. 
(a) PROHIBITION.—Except as provided in subsection (b), for fiscal 
years 2016 through 2020, funds apportioned to a State under section 
104(b)(3) of title 23, United States Code, may not be used to pur-
chase, operate, or maintain an automated traffic enforcement 
system. 
(b) EXCEPTION.—Subsection (a) does not apply to an automated 
traffic enforcement system located in a school zone. 
(c) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM DEFINED.—In 
this section, the term ‘‘automated traffic enforcement system’’ means 
any camera that captures an image of a vehicle for the purposes 
of traffic law enforcement. 
SEC. 1402. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNT-
ABILITY. 
(a) IN GENERAL.—Section 104 of title 23, United States Code, 
is amended by striking subsection (g) and inserting the following: 
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY
AND ACCOUNT-
ABILITY REPORTS.— 
‘‘(1) COMPILATION OF DATA.—Not later than 180 days after 
the date of enactment of the FAST Act, the Secretary shall 
compile data in accordance with this subsection on the use 
of Federal-aid highway funds made available under this title. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) REQUIREMENTS.—The Secretary shall ensure that the 
reports required under this subsection are made available in 
a user-friendly manner on the public Internet website of the 
Department of Transportation and can be searched and 
downloaded by users of the website. 
‘‘(3) CONTENTS OF REPORTS.— 
‘‘(A) APPORTIONED AND ALLOCATED PROGRAMS.—On a 
semiannual basis, the Secretary shall make available a 
report on funding apportioned and allocated to the States 
under this title that describes— 
‘‘(i) the amount of funding obligated by each State, 
year-to-date, for the current fiscal year; 
‘‘(ii) the amount of funds remaining available for 
obligation by each State; 
‘‘(iii) changes in the obligated, unexpended balance 
for each State, year-to-date, during the current fiscal 
year, including the obligated, unexpended balance at 
the end of the preceding fiscal year and current fiscal 
year expenditures; 
‘‘(iv) the amount and program category of unobli-
gated funding, year-to-date, available for expenditure 
at the discretion of the Secretary; 
‘‘(v) the rates of obligation on and off the National 
Highway System, year-to-date, for the current fiscal 
year of funds apportioned, allocated, or set aside under 
this section, according to— 
‘‘(I) program; 
‘‘(II) funding category or subcategory; 
‘‘(III) type of improvement; 
‘‘(IV) State; and 
‘‘(V) sub-State geographical area, including 
urbanized and rural areas, on the basis of the 
population of each such area; and 
‘‘(vi) the amount of funds transferred by each State, 
year-to-date, for the current fiscal year between pro-
grams under section 126. 
‘‘(B) PROJECT DATA.—On an annual basis, the Secretary 
shall make available a report that provides, for any project 
funded under this title (excluding projects for which funds 
are transferred to agencies other than the Federal Highway 
Administration) with an estimated total cost as of the 
start of construction greater than $25,000,000, and to the 
maximum extent practicable, other projects funded under 
this title, project data describing— 
‘‘(i) the specific location of the project; 
‘‘(ii) the total cost of the project; 
‘‘(iii) the amount of Federal funding obligated for 
the project; 
‘‘(iv) the program or programs from which Federal 
funds have been obligated for the project; 
‘‘(v) the type of improvement being made, such 
as categorizing the project as— 
‘‘(I) a road reconstruction project; 
‘‘(II) a new road construction project; 
‘‘(III) a new bridge construction project; 
‘‘(IV) a bridge rehabilitation project; or 
‘‘(V) a bridge replacement project; 
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129 STAT. 1407 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(vi) the ownership of the highway or bridge; 
‘‘(vii) whether the project is located in an area 
of the State with a population of— 
‘‘(I) less than 5,000 individuals; 
‘‘(II) 5,000 or more individuals but less than 
50,000 individuals; 
‘‘(III) 50,000 or more individuals but less than 
200,000 individuals; or 
‘‘(IV) 200,000 or more individuals; and 
‘‘(viii) available information on the estimated cost 
of the project as of the start of project construction, 
or the revised cost estimate based on a description 
of revisions to the scope of work or other factors 
affecting project cost other than cost overruns.’’. 
(b) CONFORMING AMENDMENT.—Section 1503 of MAP–21 (23 
U.S.C. 104 note; Public Law 112–141) is amended by striking sub-
section (c). 
SEC. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by inserting after section 104 the following: 
‘‘§ 105. Additional deposits into Highway Trust Fund 
‘‘(a) IN GENERAL.—If monies are deposited into the Highway 
Account or Mass Transit Account pursuant to a law enacted subse-
quent to the date of enactment of the FAST Act, the Secretary 
shall make available additional amounts of contract authority under 
subsections (b) and (c). 
‘‘(b) AMOUNT OF ADJUSTMENT.—If monies are deposited into 
the Highway Account or the Mass Transit Account as described 
in subsection (a), on October 1 of the fiscal year following the 
deposit of such monies, the Secretary shall— 
‘‘(1) make available for programs authorized from such 
account for such fiscal year a total amount equal to— 
‘‘(A) the amount otherwise authorized to be appro-
priated for such programs for such fiscal year; plus 
‘‘(B) an amount equal to such monies deposited into 
such account during the previous fiscal year as described 
in subsection (a); and 
‘‘(2) distribute the additional amount under paragraph 
(1)(B) to each of such programs in accordance with subsection 
(c). 
‘‘(c) DISTRIBUTION OF ADJUSTMENT AMONG PROGRAMS.— 
‘‘(1) IN GENERAL.—In making an adjustment for programs 
authorized to be appropriated from the Highway Account or 
the Mass Transit Account for a fiscal year under subsection 
(b), the Secretary shall— 
‘‘(A) determine the ratio that— 
‘‘(i) the amount authorized to be appropriated for 
a program from the account for the fiscal year; bears 
to 
‘‘(ii) the total amount authorized to be appropriated 
for such fiscal year for all programs under such 
account; 
‘‘(B) multiply the ratio determined under subparagraph 
(A) by the amount of the adjustment determined under 
subsection (b)(1)(B); and 
23 USC 105. 
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129 STAT. 1408 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(C) adjust the amount that the Secretary would other-
wise have allocated for the program for such fiscal year 
by the amount calculated under subparagraph (B). 
‘‘(2) FORMULA PROGRAMS.—For a program for which funds 
are distributed by formula, the Secretary shall add the adjust-
ment to the amount authorized for the program but for this 
section and make available the adjusted program amount for 
such program in accordance with such formula. 
‘‘(3) AVAILABILITY
FOR
OBLIGATION.—Adjusted amounts 
under this subsection shall be available for obligation and 
administered in the same manner as other amounts made 
available for the program for which the amount is adjusted. 
‘‘(d) EXCLUSION OF EMERGENCY RELIEF PROGRAM AND COVERED 
ADMINISTRATIVE EXPENSES.—The Secretary shall exclude the emer-
gency relief program under section 125 and covered administrative 
expenses from an adjustment of funding under subsection (c)(1). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated from the appropriate account or accounts of 
the Highway Trust Fund an amount equal to the amount of an 
adjustment for a fiscal year under subsection (b) for any of fiscal 
years 2017 through 2020. 
‘‘(f) REVISION TO OBLIGATION LIMITATIONS.— 
‘‘(1) IN GENERAL.—If the Secretary makes an adjustment 
under subsection (b) for a fiscal year to an amount subject 
to a limitation on obligations imposed by section 1102 or 3018 
of the FAST Act— 
‘‘(A) such limitation on obligations for such fiscal year 
shall be revised by an amount equal to such adjustment; 
and 
‘‘(B) the Secretary shall distribute such limitation on 
obligations, as revised under subparagraph (A), in accord-
ance with such sections. 
‘‘(2) EXCLUSION OF COVERED ADMINISTRATIVE EXPENSES.— 
The Secretary shall exclude covered administrative expenses 
from— 
‘‘(A) any calculation relating to a revision of a limitation 
on obligations under paragraph (1)(A); and 
‘‘(B) any distribution of a revised limitation on obliga-
tions under paragraph (1)(B). 
‘‘(g) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) COVERED ADMINISTRATIVE EXPENSES.—The term ‘cov-
ered administrative expenses’ means the administrative 
expenses of— 
‘‘(A) the Federal Highway Administration, as author-
ized under section 104(a); 
‘‘(B) the National Highway Traffic Safety Administra-
tion, as authorized under section 4001(a)(6) of the FAST 
Act; and 
‘‘(C) the Federal Motor Carrier Safety Administration, 
as authorized under section 31110 of title 49. 
‘‘(2) HIGHWAY
ACCOUNT.—The term ‘Highway Account’ 
means the portion of the Highway Trust Fund that is not 
the Mass Transit Account. 
‘‘(3) MASS
TRANSIT
ACCOUNT.—The term ‘Mass Transit 
Account’ means the Mass Transit Account of the Highway 
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129 STAT. 1409 
PUBLIC LAW 114–94—DEC. 4, 2015 
Trust Fund established under section 9503(e)(1) of the Internal 
Revenue Code of 1986.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by inserting after the item relating to section 104 the 
following: 
‘‘105. Additional deposits into Highway Trust Fund.’’. 
SEC. 1404. DESIGN STANDARDS. 
(a) IN GENERAL.—Section 109 of title 23, United States Code, 
is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph (A) by 
striking ‘‘may take into account’’ and inserting ‘‘shall 
consider’’; 
(ii) in subparagraph (B) by striking ‘‘and’’ at the 
end; 
(iii) by redesignating subparagraph (C) as subpara-
graph (D); and 
(iv) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) cost savings by utilizing flexibility that exists in 
current design guidance and regulations; and’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (C) by striking ‘‘and’’ at the 
end; 
(ii) by redesignating subparagraph (D) as subpara-
graph (F); and 
(iii) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) the publication entitled ‘Highway Safety Manual’ 
of the American Association of State Highway and 
Transportation Officials; 
‘‘(E) the publication entitled ‘Urban Street Design 
Guide’ of the National Association of City Transportation 
Officials; and’’; and 
(2) in subsection (f) by inserting ‘‘pedestrian walkways,’’ 
after ‘‘bikeways,’’. 
(b) DESIGN STANDARD FLEXIBILITY.—Notwithstanding section 
109(o) of title 23, United States Code, a State may allow a local 
jurisdiction to use a roadway design publication that is different 
from the roadway design publication used by the State in which 
the local jurisdiction is located for the design of a project on a 
roadway under the ownership of the local jurisdiction (other than 
a highway on the Interstate System) if— 
(1) the local jurisdiction is a direct recipient of Federal 
funds for the project; 
(2) the roadway design publication— 
(A) is recognized by the Federal Highway Administra-
tion; and 
(B) is adopted by the local jurisdiction; and 
(3) the design complies with all other applicable Federal 
laws. 
23 USC 109 note. 
23 USC 
prec. 101. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1405. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE 
INTERSTATE SYSTEM. 
Section 111(e) of title 23, United States Code, is amended 
by inserting ‘‘(including new or modified freeway-to-crossroad inter-
changes inside a transportation management area)’’ after ‘‘the Inter-
state System’’. 
SEC. 1406. PERFORMANCE PERIOD ADJUSTMENT. 
(a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—Section 119 
of title 23, United States Code, is amended— 
(1) in subsection (e)(7), by striking ‘‘for 2 consecutive reports 
submitted under this paragraph shall include in the next report 
submitted’’ and inserting ‘‘shall include as part of the perform-
ance target report under section 150(e)’’; and 
(2) in subsection (f)(1)(A) in the matter preceding clause 
(i) by striking ‘‘If, during 2 consecutive reporting periods, the 
condition of the Interstate System, excluding bridges on the 
Interstate System, in a State falls’’ and inserting ‘‘If a State 
reports that the condition of the Interstate System, excluding 
bridges on the Interstate System, has fallen’’. 
(b) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—Section 148(i) 
of title 23, United States Code, is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘performance targets of the State established under section 
150(d) by the date that is 2 years after the date of the establish-
ment of the performance targets’’ and inserting ‘‘safety perform-
ance targets of the State established under section 150(d)’’; 
and 
(2) in paragraphs (1) and (2), by inserting ‘‘safety’’ before 
‘‘performance targets’’ each place it appears. 
SEC. 1407. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT. 
(a) NATIONAL
HIGHWAY
PERFORMANCE
PROGRAM.—Section 
119(d)(2)(L) of title 23, United States Code, is amended by inserting 
‘‘, including the installation of vehicle-to-infrastructure communica-
tion equipment’’ after ‘‘capital improvements’’. 
(b) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—Sec-
tion 133(b)(1)(D) of title 23, United States Code, is amended by 
inserting ‘‘, including the installation of vehicle-to-infrastructure 
communication equipment’’ after ‘‘capital improvements’’. 
SEC. 1408. FEDERAL SHARE PAYABLE. 
(a) INNOVATIVE PROJECT DELIVERY METHODS.—Section 120(c)(3) 
of title 23, United States Code, is amended— 
(1) in subparagraph (A)(ii)— 
(A) by inserting ‘‘engineering or design approaches,’’ 
after ‘‘technologies,’’; and 
(B) by inserting ‘‘or project delivery’’ after ‘‘or con-
tracting’’; 
(2) in subparagraph (B)— 
(A) in clause (iii) by inserting ‘‘and alternative bidding’’ 
before the semicolon at the end; 
(B) in clause (iv) by striking ‘‘or’’ at the end; 
(C) by redesignating clause (v) as clause (vi); and 
(D) by inserting after clause (iv) the following: 
‘‘(v) innovative pavement materials that have a 
demonstrated life cycle of 75 or more years, are manu-
factured with reduced greenhouse gas emissions, and 
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PUBLIC LAW 114–94—DEC. 4, 2015 
reduce construction-related congestion by rapidly 
curing; or’’; and 
(b) EMERGENCY RELIEF.—Section 120(e)(2) of title 23, United 
States Code, is amended by striking ‘‘Federal land access transpor-
tation facilities’’ and inserting ‘‘other Federally owned roads that 
are open to public travel’’. 
SEC. 1409. MILK PRODUCTS. 
Section 127(a) of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(13) MILK PRODUCTS.—A vehicle carrying fluid milk prod-
ucts shall be considered a load that cannot be easily dismantled 
or divided.’’. 
SEC. 1410. INTERSTATE WEIGHT LIMITS. 
Section 127 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘(m) COVERED HEAVY-DUTY TOW AND RECOVERY VEHICLES.— 
‘‘(1) IN GENERAL.—The vehicle weight limitations set forth 
in this section do not apply to a covered heavy-duty tow and 
recovery vehicle. 
‘‘(2) COVERED
HEAVY-DUTY
TOW
AND
RECOVERY
VEHICLE 
DEFINED.—In this subsection, the term ‘covered heavy-duty tow 
and recovery vehicle’ means a vehicle that— 
‘‘(A) is transporting a disabled vehicle from the place 
where the vehicle became disabled to the nearest appro-
priate repair facility; and 
‘‘(B) has a gross vehicle weight that is equal to or 
exceeds the gross vehicle weight of the disabled vehicle 
being transported. 
‘‘(n) OPERATION OF VEHICLES ON CERTAIN HIGHWAYS IN THE 
STATE OF TEXAS.—If any segment in the State of Texas of United 
States Route 59, United States Route 77, United States Route 
281, United States Route 84, Texas State Highway 44, or another 
roadway is designated as Interstate Route 69, a vehicle that could 
operate legally on that segment before the date of the designation 
may continue to operate on that segment, without regard to any 
requirement under this section. 
‘‘(o) CERTAIN LOGGING VEHICLES IN THE STATE OF WISCONSIN.— 
‘‘(1) IN GENERAL.—The Secretary shall waive, with respect 
to a covered logging vehicle, the application of any vehicle 
weight limit established under this section. 
‘‘(2) COVERED
LOGGING
VEHICLE
DEFINED.—In this sub-
section, the term ‘covered logging vehicle’ means a vehicle 
that— 
‘‘(A) is transporting raw or unfinished forest products, 
including logs, pulpwood, biomass, or wood chips; 
‘‘(B) has a gross vehicle weight of not more than 98,000 
pounds; 
‘‘(C) has not less than 6 axles; and 
‘‘(D) is operating on a segment of Interstate Route 
39 in the State of Wisconsin from mile marker 175.8 to 
mile marker 189. 
‘‘(p) OPERATION OF CERTAIN SPECIALIZED VEHICLES ON CERTAIN 
HIGHWAYS IN THE STATE OF ARKANSAS.—If any segment of United 
States Route 63 between the exits for highways 14 and 75 in 
the State of Arkansas is designated as part of the Interstate System, 
the single axle weight, tandem axle weight, gross vehicle weight, 
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PUBLIC LAW 114–94—DEC. 4, 2015 
and bridge formula limits under subsection (a) and the width limita-
tion under section 31113(a) of title 49 shall not apply to that 
segment with respect to the operation of any vehicle that could 
operate legally on that segment before the date of the designation. 
‘‘(q) CERTAIN
LOGGING
VEHICLES
IN
THE
STATE
OF
MIN-
NESOTA.— 
‘‘(1) IN GENERAL.—The Secretary shall waive, with respect 
to a covered logging vehicle, the application of any vehicle 
weight limit established under this section. 
‘‘(2) COVERED
LOGGING
VEHICLE
DEFINED.—In this sub-
section, the term ‘covered logging vehicle’ means a vehicle 
that— 
‘‘(A) is transporting raw or unfinished forest products, 
including logs, pulpwood, biomass, or wood chips; 
‘‘(B) has a gross vehicle weight of not more than 99,000 
pounds; 
‘‘(C) has not less than 6 axles; and 
‘‘(D) is operating on a segment of Interstate Route 
35 in the State of Minnesota from mile marker 235.4 to 
mile marker 259.552. 
‘‘(r) EMERGENCY VEHICLES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection (a), a State 
shall not enforce against an emergency vehicle a vehicle weight 
limit (up to a maximum gross vehicle weight of 86,000 pounds) 
of less than— 
‘‘(A) 24,000 pounds on a single steering axle; 
‘‘(B) 33,500 pounds on a single drive axle; 
‘‘(C) 62,000 pounds on a tandem axle; or 
‘‘(D) 52,000 pounds on a tandem rear drive steer axle. 
‘‘(2) EMERGENCY VEHICLE DEFINED.—In this subsection, the 
term ‘emergency vehicle’ means a vehicle designed to be used 
under emergency conditions— 
‘‘(A) to transport personnel and equipment; and 
‘‘(B) to support the suppression of fires and mitigation 
of other hazardous situations. 
‘‘(s) NATURAL GAS VEHICLES.—A vehicle, if operated by an 
engine fueled primarily by natural gas, may exceed any vehicle 
weight limit (up to a maximum gross vehicle weight of 82,000 
pounds) under this section by an amount that is equal to the 
difference between— 
‘‘(1) the weight of the vehicle attributable to the natural 
gas tank and fueling system carried by that vehicle; and 
‘‘(2) the weight of a comparable diesel tank and fueling 
system.’’. 
SEC. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION 
AND REHABILITATION. 
(a) TOLLING.—Section 129(a) of title 23, United States Code, 
is amended— 
(1) in paragraph (3)(A), in the matter preceding clause 
(i)— 
(A) by striking ‘‘shall use’’ and inserting ‘‘shall ensure 
that’’; and 
(B) by inserting ‘‘are used’’ before ‘‘only for’’; 
(2) by striking paragraph (4) and redesignating paragraphs 
(5) through (9) as paragraphs (4) through (8), respectively; 
and 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(3) in subparagraph (B) of paragraph (4) (as so redesig-
nated) by striking ‘‘Federal-aid system’’ and inserting ‘‘Federal- 
aid highways’’; 
(4) by inserting after paragraph (8) (as so redesignated)— 
‘‘(9) EQUAL ACCESS FOR OVER-THE-ROAD BUSES.—An over- 
the-road bus that serves the public shall be provided access 
to a toll facility under the same rates, terms, and conditions 
as public transportation buses.’’; and 
(5) in paragraph (10)— 
(A) by redesignating subparagraphs (C) and (D) as 
subparagraphs (D) and (E), respectively; and 
(B) by inserting after subparagraph (B) the following: 
‘‘(C) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ 
has the meaning given the term in section 301 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12181).’’. 
(b) HOV FACILITIES.—Section 166 of title 23, United States 
Code, is amended— 
(1) by striking ‘‘the agency’’ each place it appears and 
inserting ‘‘the authority’’; 
(2) in subsection (a)(1)— 
(A) by striking the paragraph heading and inserting 
‘‘AUTHORITY OF PUBLIC AUTHORITIES’’; and 
(B) by striking ‘‘State agency’’ and inserting ‘‘public 
authority’’; 
(3) in subsection (b)— 
(A) by striking ‘‘State agency’’ each place it appears 
and inserting ‘‘public authority’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A) by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(C) provides equal access under the same rates, terms, 
and conditions for all public transportation vehicles and 
over-the-road buses serving the public.’’; 
(C) in paragraph (4)(C)— 
(i) in clause (i) by striking ‘‘and’’ at the end; 
(ii) in clause (ii) by striking the period at the 
end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(iii) ensure that over-the-road buses serving the 
public are provided access to the facility under the 
same rates, terms, and conditions as public transpor-
tation buses.’’; and 
(D) in paragraph (5)— 
(i) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) SPECIAL RULE.—Before September 30, 2025, if a 
public authority establishes procedures for enforcing the 
restrictions on the use of a HOV facility by vehicles 
described in clauses (i) and (ii), the public authority may 
allow the use of the HOV facility by— 
‘‘(i) alternative fuel vehicles; and 
‘‘(ii) any motor vehicle described in section 
30D(d)(1) of the Internal Revenue Code of 1986.’’; and 
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129 STAT. 1414 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) in subparagraph (B) by striking ‘‘2017’’ and 
inserting ‘‘2019’’; 
(4) in subsection (c)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Notwithstanding section 301, tolls may 
be charged under paragraphs (4) and (5) of subsection (b), 
subject to the requirements of section 129.’’; and 
(B) by striking paragraph (2) and redesignating para-
graph (3) as paragraph (2); 
(5) in subsection (d)— 
(A) by striking ‘‘State agency’’ each place it appears 
and inserting ‘‘public authority’’; 
(B) in paragraph (1)— 
(i) by striking subparagraphs (D) and (E); and 
(ii) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) MAINTENANCE OF OPERATING PERFORMANCE.— 
‘‘(i) SUBMISSION OF PLAN.—Not later than 180 days 
after the date on which a facility is degraded under 
paragraph (2), the public authority with jurisdiction 
over the facility shall submit to the Secretary for 
approval a plan that details the actions the public 
authority will take to make significant progress toward 
bringing the facility into compliance with the minimum 
average operating speed performance standard through 
changes to the operation of the facility, including— 
‘‘(I) increasing the occupancy requirement for 
HOV lanes; 
‘‘(II) varying the toll charged to vehicles 
allowed under subsection (b) to reduce demand; 
‘‘(III) discontinuing allowing non-HOV vehicles 
to use HOV lanes under subsection (b); or 
‘‘(IV) increasing the available capacity of the 
HOV facility. 
‘‘(ii) NOTICE OF APPROVAL OR DISAPPROVAL.—Not 
later than 60 days after the date of receipt of a plan 
under clause (i), the Secretary shall provide to the 
public authority a written notice indicating whether 
the Secretary has approved or disapproved the plan 
based on a determination of whether the implementa-
tion of the plan will make significant progress toward 
bringing the HOV facility into compliance with the 
minimum 
average 
operating 
speed 
performance 
standard. 
‘‘(iii) ANNUAL PROGRESS UPDATES.—Until the date 
on which the Secretary determines that the public 
authority has brought the HOV facility into compliance 
with this subsection, the public authority shall submit 
annual updates that describe— 
‘‘(I) the actions taken to bring the HOV facility 
into compliance; and 
‘‘(II) the progress made by those actions. 
‘‘(E) COMPLIANCE.—If the public authority fails to bring 
a facility into compliance under subparagraph (D), the Sec-
retary shall subject the public authority to appropriate 
program sanctions under section 1.36 of title 23, Code 
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129 STAT. 1415 
PUBLIC LAW 114–94—DEC. 4, 2015 
of Federal Regulations (or successor regulations), until the 
performance is no longer degraded. 
‘‘(F) WAIVER.— 
‘‘(i) IN GENERAL.—Upon the request of a public 
authority, the Secretary may waive the compliance 
requirements of subparagraph (E), if the Secretary 
determines that— 
‘‘(I) the waiver is in the best interest of the 
traveling public; 
‘‘(II) the public authority is meeting the condi-
tions under subparagraph (D); and 
‘‘(III) the public authority has made a good 
faith effort to improve the performance of the 
facility. 
‘‘(ii) CONDITION.—The Secretary may require, as 
a condition of providing a waiver under this subpara-
graph, that a public authority take additional actions, 
as determined by the Secretary, to maximize the oper-
ating speed performance of the facility, even if such 
performance is below the level set under paragraph 
(2).’’; 
(6) in subsection (f)— 
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by inserting ‘‘solely’’ before ‘‘operating’’; 
(B) in paragraph (4)(B)(iii) by striking ‘‘State agency’’ 
and inserting ‘‘public authority’’; 
(C) by striking paragraph (5); 
(D) by redesignating paragraph (4) as paragraph (6); 
and 
(E) by inserting after paragraph (3) the following: 
‘‘(4) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ has 
the meaning given the term in section 301 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12181). 
‘‘(5) PUBLIC
AUTHORITY.—The term ‘public authority’ as 
used with respect to a HOV facility, means a State, interstate 
compact of States, public entity designated by a State, or local 
government having jurisdiction over the operation of the 
facility.’’; and 
(7) by adding at the end the following: 
‘‘(g) CONSULTATION OF MPO.—If a HOV facility charging tolls 
under paragraph (4) or (5) of subsection (b) is on the Interstate 
System and located in a metropolitan planning area established 
in accordance with section 134, the public authority shall consult 
with the metropolitan planning organization for the area concerning 
the placement and amount of tolls on the facility.’’. 
(c) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION 
PILOT PROGRAM.—Section 1216(b) of the Transportation Equity Act 
for the 21st Century (Public Law 105–178) is amended— 
(1) in paragraph (4)— 
(A) in subparagraph (D) by striking ‘‘and’’ at the end; 
(B) in subparagraph (E) by striking the period and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(F) the State has the authority required for the project 
to proceed.’’; 
(2) by redesignating paragraphs (6) through (8) as para-
graphs (8) through (10), respectively; and 
23 USC 129 note. 
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129 STAT. 1416 
PUBLIC LAW 114–94—DEC. 4, 2015 
(3) by inserting after paragraph (5) the following: 
‘‘(6) REQUIREMENTS FOR PROJECT COMPLETION.— 
‘‘(A) GENERAL TERM FOR EXPIRATION OF PROVISIONAL 
APPLICATION.—An application provisionally approved by the 
Secretary under this subsection shall expire 3 years after 
the date on which the application was provisionally 
approved if the State has not— 
‘‘(i) submitted a complete application to the Sec-
retary that fully satisfies the eligibility criteria under 
paragraph (3) and the selection criteria under para-
graph (4); 
‘‘(ii) completed the environmental review and 
permitting process under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the 
pilot project; and 
‘‘(iii) executed a toll agreement with the Secretary. 
‘‘(B) EXCEPTIONS
TO
EXPIRATION.—Notwithstanding 
subparagraph (A), the Secretary may extend the provisional 
approval for not more than 1 additional year if the State 
demonstrates material progress toward implementation of 
the project as evidenced by— 
‘‘(i) substantial progress in completing the environ-
mental review and permitting process for the pilot 
project under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(ii) funding and financing commitments for the 
pilot project; 
‘‘(iii) expressions of support for the pilot project 
from 
State 
and 
local 
governments, 
community 
interests, and the public; and 
‘‘(iv) submission of a facility management plan 
pursuant to paragraph (3)(D). 
‘‘(C) CONDITIONS
FOR
PREVIOUSLY
PROVISIONALLY 
APPROVED
APPLICATIONS.—A State with a provisionally 
approved application for a pilot project as of the date of 
enactment of the FAST Act shall have 1 year after that 
date of enactment to meet the requirements of subpara-
graph (A) or receive an extension from the Secretary under 
subparagraph (B), or the application will expire. 
‘‘(7) DEFINITION.—In this subsection, the term ‘provisional 
approval’ or ‘provisionally approved’ means the approval by 
the Secretary of a partial application under this subsection, 
including the reservation of a slot in the pilot program.’’. 
(d) APPROVAL OF APPLICATIONS.—The Secretary may approve 
an application submitted under section 1604(c) of SAFETEA–LU 
(Public Law 109–59; 119 Stat. 1253) if the application, or any 
part of the application, was submitted before the deadline specified 
in section 1604(c)(8) of that Act. 
SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING 
TRAINS. 
Section 130(a) of title 23, United States Code, is amended 
by striking ‘‘and the relocation of highways to eliminate grade 
crossings’’ and inserting ‘‘the relocation of highways to eliminate 
grade crossings, and projects at grade crossings to eliminate hazards 
posed by blocked grade crossings due to idling trains’’. 
23 USC 129 note. 
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129 STAT. 1417 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN, 
PROPANE, AND NATURAL GAS FUELING CORRIDORS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by inserting after section 150 the following: 
‘‘§ 151. National electric vehicle charging and hydrogen, pro-
pane, and natural gas fueling corridors 
‘‘(a) IN GENERAL.—Not later than 1 year after the date of 
enactment of the FAST Act, the Secretary shall designate national 
electric vehicle charging and hydrogen, propane, and natural gas 
fueling corridors that identify the near- and long-term need for, 
and location of, electric vehicle charging infrastructure, hydrogen 
fueling infrastructure, propane fueling infrastructure, and natural 
gas fueling infrastructure at strategic locations along major national 
highways to improve the mobility of passenger and commercial 
vehicles that employ electric, hydrogen fuel cell, propane, and nat-
ural gas fueling technologies across the United States. 
‘‘(b) DESIGNATION OF CORRIDORS.—In designating the corridors 
under subsection (a), the Secretary shall— 
‘‘(1) solicit nominations from State and local officials for 
facilities to be included in the corridors; 
‘‘(2) incorporate existing electric vehicle charging, hydrogen 
fueling, propane fueling, and natural gas fueling corridors des-
ignated by a State or group of States; and 
‘‘(3) consider the demand for, and location of, existing elec-
tric vehicle charging stations, hydrogen fueling stations, pro-
pane fueling stations, and natural gas fueling infrastructure. 
‘‘(c) STAKEHOLDERS.—In designating corridors under subsection 
(a), the Secretary shall involve, on a voluntary basis, stakeholders 
that include— 
‘‘(1) the heads of other Federal agencies; 
‘‘(2) State and local officials; 
‘‘(3) representatives of— 
‘‘(A) energy utilities; 
‘‘(B) the electric, fuel cell electric, propane, and natural 
gas vehicle industries; 
‘‘(C) the freight and shipping industry; 
‘‘(D) clean technology firms; 
‘‘(E) the hospitality industry; 
‘‘(F) the restaurant industry; 
‘‘(G) highway rest stop vendors; and 
‘‘(H) industrial gas and hydrogen manufacturers; and 
‘‘(4) such other stakeholders as the Secretary determines 
to be necessary. 
‘‘(d) REDESIGNATION.—Not later than 5 years after the date 
of establishment of the corridors under subsection (a), and every 
5 years thereafter, the Secretary shall update and redesignate 
the corridors. 
‘‘(e) REPORT.—During designation and redesignation of the cor-
ridors under this section, the Secretary shall issue a report that— 
‘‘(1) identifies electric vehicle charging infrastructure, 
hydrogen fueling infrastructure, propane fueling infrastructure, 
and natural gas fueling infrastructure and standardization 
needs for electricity providers, industrial gas providers, natural 
gas providers, infrastructure providers, vehicle manufacturers, 
electricity purchasers, and natural gas purchasers; and 
23 USC 151. 
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129 STAT. 1418 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) establishes an aspirational goal of achieving strategic 
deployment of electric vehicle charging infrastructure, hydrogen 
fueling infrastructure, propane fueling infrastructure, and nat-
ural gas fueling infrastructure in those corridors by the end 
of fiscal year 2020.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
title 23, United States Code, is amended by inserting after the 
item relating to section 150 the following: 
‘‘151. National electric vehicle charging and hydrogen, propane, and natural gas 
fueling corridors.’’. 
(c) OPERATION OF BATTERY RECHARGING STATIONS IN PARKING 
AREAS USED BY FEDERAL EMPLOYEES.— 
(1) AUTHORIZATION.— 
(A) IN GENERAL.—The Administrator of General Serv-
ices may install, construct, operate, and maintain on a 
reimbursable basis a battery recharging station (or allow, 
on a reimbursable basis, the use of a 120-volt electrical 
receptacle for battery recharging) in a parking area that 
is in the custody, control, or administrative jurisdiction 
of the General Services Administration for the use of only 
privately owned vehicles of employees of the General Serv-
ices Administration, tenant Federal agencies, and others 
who are authorized to park in such area to the extent 
such use by only privately owned vehicles does not interfere 
with or impede access to the equipment by Federal fleet 
vehicles. 
(B) AREAS
UNDER
OTHER
FEDERAL
AGENCIES.—The 
Administrator of General Services (on the request of a 
Federal agency) or the head of a Federal agency may 
install, construct, operate, and maintain on a reimbursable 
basis a battery recharging station (or allow, on a reimburs-
able basis, the use of a 120-volt electrical receptacle for 
battery recharging) in a parking area that is in the custody, 
control, or administrative jurisdiction of the requesting 
Federal agency, to the extent such use by only privately 
owned vehicles does not interfere with or impede access 
to the equipment by Federal fleet vehicles. 
(C) USE OF VENDORS.—The Administrator of General 
Services, with respect to subparagraph (A) or (B), or the 
head of a Federal agency, with respect to subparagraph 
(B), may carry out such subparagraph through a contract 
with a vendor, under such terms and conditions (including 
terms relating to the allocation between the Federal agency 
and the vendor of the costs of carrying out the contract) 
as the Administrator or the head of the Federal agency, 
as the case may be, and the vendor may agree to. 
(2) IMPOSITION OF FEES TO COVER COSTS.— 
(A) FEES.—The Administrator of General Services or 
the head of the Federal agency under paragraph (1)(B) 
shall charge fees to the individuals who use the battery 
recharging station in such amount as is necessary to ensure 
that the respective agency recovers all of the costs such 
agency incurs in installing, constructing, operating, and 
maintaining the station. 
(B) DEPOSIT AND AVAILABILITY OF FEES.—Any fees col-
lected by the Administrator of General Services or the 
42 USC 6364. 
23 USC 
prec. 101. 
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129 STAT. 1419 
PUBLIC LAW 114–94—DEC. 4, 2015 
Federal agency, as the case may be, under this paragraph 
shall be— 
(i) deposited monthly in the Treasury to the credit 
of the respective agency’s appropriations account for 
the operations of the building where the battery re-
charging station is located; and 
(ii) available for obligation without further appro-
priation during— 
(I) the fiscal year collected; and 
(II) the fiscal year following the fiscal year 
collected. 
(3) NO
EFFECT
ON
EXISTING
PROGRAMS
FOR
HOUSE
AND 
SENATE.—Nothing in this subsection affects the installation, 
construction, operation, or maintenance of battery recharging 
stations by the Architect of the Capitol— 
(A) under Public Law 112–170 (2 U.S.C. 2171), relating 
to employees of the House of Representatives and individ-
uals authorized to park in any parking area under the 
jurisdiction of the House of Representatives on the Capitol 
Grounds; or 
(B) under Public Law 112–167 (2 U.S.C. 2170), relating 
to employees of the Senate and individuals authorized to 
park in any parking area under the jurisdiction of the 
Senate on the Capitol Grounds. 
(4) NO EFFECT ON SIMILAR AUTHORITIES.—Nothing in this 
subsection— 
(A) repeals or limits any existing authorities of a Fed-
eral agency to install, construct, operate, or maintain bat-
tery recharging stations; or 
(B) requires a Federal agency to seek reimbursement 
for the costs of installing or constructing a battery re-
charging station— 
(i) that has been installed or constructed prior 
to the date of enactment of this Act; 
(ii) that is installed or constructed for Federal 
fleet vehicles, but that receives incidental use to 
recharge privately owned vehicles; or 
(iii) that is otherwise installed or constructed 
pursuant to appropriations for that purpose. 
(5) ANNUAL REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, and annually thereafter 
for 10 years, the Administrator of General Services shall submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment 
and Public Works of the Senate a report describing— 
(A) the number of battery recharging stations installed 
by the Administrator on the Administrator’s own initiative 
under this subsection; 
(B) requests from other Federal agencies to install 
battery recharging stations; and 
(C) the status and disposition of requests from other 
Federal agencies. 
(6) FEDERAL AGENCY DEFINED.—In this subsection, the term 
‘‘Federal agency’’ has the meaning given the term ‘‘Executive 
agency’’ in section 105 of title 5, United States Code, and 
includes— 
(A) the United States Postal Service; 
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129 STAT. 1420 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) the Executive Office of the President; 
(C) the military departments (as defined in section 
102 of title 5, United States Code); and 
(D) the judicial branch. 
(7) EFFECTIVE
DATE.—This subsection shall apply with 
respect to fiscal year 2016 and each succeeding fiscal year. 
SEC. 1414. REPEAT OFFENDER CRITERIA. 
Section 164(a) of title 23, United States Code, is amended— 
(1) by redesignating paragraphs (1) through (4) as para-
graphs (2) through (5), respectively; 
(2) by inserting before paragraph (2), as redesignated, the 
following: 
‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 sobriety pro-
gram’ has the meaning given the term in section 405(d)(7)(A).’’; 
(3) in paragraph (5), as redesignated— 
(A) in the matter preceding subparagraph (A), by 
inserting ‘‘or combination of laws or programs’’ after ‘‘State 
law’’; 
(B) by amending subparagraph (A) to read as follows: 
‘‘(A) receive, for a period of not less than 1 year— 
‘‘(i) a suspension of all driving privileges; 
‘‘(ii) a restriction on driving privileges that limits 
the individual to operating only motor vehicles with 
an ignition interlock device installed, unless a special 
exception applies; 
‘‘(iii) a restriction on driving privileges that limits 
the individual to operating motor vehicles only if 
participating in, and complying with, a 24-7 sobriety 
program; or 
‘‘(iv) any combination of clauses (i) through (iii);’’; 
(C) by striking subparagraph (B); 
(D) by redesignating subparagraphs (C) and (D) as 
subparagraphs (B) and (C), respectively; and 
(E) in subparagraph (C), as redesignated— 
(i) in clause (i)(II) by inserting before the semicolon 
the following: ‘‘(unless the State certifies that the gen-
eral practice is that such an individual will be incarcer-
ated)’’; and 
(ii) in clause (ii)(II) by inserting before the period 
at the end the following: ‘‘(unless the State certifies 
that the general practice is that such an individual 
will receive 10 days of incarceration)’’; and 
(4) by adding at the end the following: 
‘‘(6) SPECIAL
EXCEPTION.—The term ‘special exception’ 
means an exception under a State alcohol-ignition interlock 
law for the following circumstances: 
‘‘(A) The individual is required to operate an employer’s 
motor vehicle in the course and scope of employment and 
the business entity that owns the vehicle is not owned 
or controlled by the individual. 
‘‘(B) The individual is certified by a medical doctor 
as being unable to provide a deep lung breath sample 
for analysis by an ignition interlock device.’’. 
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129 STAT. 1421 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1415. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLI-
NATOR HABITAT AND FORAGE ON TRANSPORTATION 
RIGHTS-OF-WAY. 
(a) IN GENERAL.—Section 319 of title 23, United States Code, 
is amended— 
(1) in subsection (a) by inserting ‘‘(including the enhance-
ment of habitat and forage for pollinators)’’ before ‘‘adjacent’’; 
and 
(2) by adding at the end the following: 
‘‘(c) ENCOURAGEMENT
OF POLLINATOR HABITAT
AND FORAGE 
DEVELOPMENT AND PROTECTION ON TRANSPORTATION RIGHTS-OF- 
WAY.—In carrying out any program administered by the Secretary 
under this title, the Secretary shall, in conjunction with willing 
States, as appropriate— 
‘‘(1) encourage integrated vegetation management practices 
on roadsides and other transportation rights-of-way, including 
reduced mowing; and 
‘‘(2) encourage the development of habitat and forage for 
Monarch butterflies, other native pollinators, and honey bees 
through plantings of native forbs and grasses, including 
noninvasive, native milkweed species that can serve as migra-
tory way stations for butterflies and facilitate migrations of 
other pollinators.’’. 
(b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY WAY STA-
TIONS FOR MONARCH BUTTERFLIES, OTHER NATIVE POLLINATORS, 
AND HONEY BEES.—Section 329(a)(1) of title 23, United States 
Code, is amended by inserting ‘‘provision of habitat, forage, and 
migratory way stations for Monarch butterflies, other native polli-
nators, and honey bees,’’ before ‘‘and aesthetic enhancement’’. 
SEC. 1416. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY 
SYSTEM. 
(a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS ON NATIONAL 
HIGHWAY
SYSTEM.—Section 1105(c) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 
190; 119 Stat. 1213) is amended— 
(1) by striking paragraph (13) and inserting the following: 
‘‘(13) Raleigh-Norfolk Corridor from Raleigh, North Caro-
lina, through Rocky Mount, Williamston, and Elizabeth City, 
North Carolina, to Norfolk, Virginia.’’; 
(2) in paragraph (18)(D)— 
(A) in clause (ii) by striking ‘‘and’’ at the end; 
(B) in clause (iii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iv) include Texas State Highway 44 from United 
States Route 59 at Freer, Texas, to Texas State High-
way 358.’’; 
(3) by striking paragraph (68) and inserting the following: 
‘‘(68) The Washoe County Corridor and the Intermountain 
West Corridor, which shall generally follow— 
‘‘(A) for the Washoe County Corridor, along Interstate 
Route 580/United States Route 95/United States Route 95A 
from Reno, Nevada, to Las Vegas, Nevada; and 
‘‘(B) for the Intermountain West Corridor, from the 
vicinity of Las Vegas, Nevada, north along United States 
Route 95 terminating at Interstate Route 80.’’; and 
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129 STAT. 1422 
PUBLIC LAW 114–94—DEC. 4, 2015 
(4) by adding at the end the following: 
‘‘(81) United States Route 117/Interstate Route 795 from 
United States Route 70 in Goldsboro, Wayne County, North 
Carolina, to Interstate Route 40 west of Faison, Sampson 
County, North Carolina. 
‘‘(82) United States Route 70 from its intersection with 
Interstate Route 40 in Garner, Wake County, North Carolina, 
to the Port at Morehead City, Carteret County, North Carolina. 
‘‘(83) The Sonoran Corridor along State Route 410 con-
necting Interstate Route 19 and Interstate Route 10 south 
of the Tucson International Airport. 
‘‘(84) The Central Texas Corridor commencing at the logical 
terminus of Interstate Route 10, generally following portions 
of United States Route 190 eastward, passing in the vicinity 
Fort Hood, Killeen, Belton, Temple, Bryan, College Station, 
Huntsville, Livingston, and Woodville, to the logical terminus 
of Texas Highway 63 at the Sabine River Bridge at Burrs 
Crossing. 
‘‘(85) Interstate Route 81 in New York from its intersection 
with Interstate Route 86 to the United States-Canadian border. 
‘‘(86) Interstate Route 70 from Denver, Colorado, to Salt 
Lake City, Utah. 
‘‘(87) The Oregon 99W Newberg-Dundee Bypass Route 
between Newberg, Oregon, and Dayton, Oregon. 
‘‘(88) Interstate Route 205 in Oregon from its intersection 
with Interstate Route 5 to the Columbia River.’’. 
(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE 
SYSTEM.—Section 1105(e)(5)(A) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (109 Stat. 597; 118 Stat. 293; 119 
Stat. 1213) is amended in the first sentence— 
(1) by inserting ‘‘subsection (c)(13),’’ after ‘‘subsection 
(c)(9),’’; 
(2) by striking ‘‘subsections (c)(18)’’ and all that follows 
through ‘‘subsection (c)(36)’’ and inserting ‘‘subsection (c)(18), 
subsection (c)(20), subparagraphs (A) and (B)(i) of subsection 
(c)(26), subsection (c)(36)’’; and 
(3) by striking ‘‘and subsection (c)(57)’’ and inserting ‘‘sub-
section (c)(57), subsection (c)(68)(B), subsection (c)(81), sub-
section (c)(82), and subsection (c)(83)’’. 
(c) DESIGNATION.—Section 1105(e)(5)(C)(i) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (109 Stat. 598; 126 
Stat. 427) is amended by striking the final sentence and inserting 
the following: ‘‘The routes referred to in subparagraphs (A) and 
(B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are designated 
as Interstate Route I–11. The route referred to in subsection (c)(84) 
is designated as Interstate Route I–14.’’. 
(d) FUTURE INTERSTATE DESIGNATION.—Section 119(a) of the 
SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1608) 
is amended by striking ‘‘and, as a future Interstate Route 66 Spur, 
the Natcher Parkway in Owensboro, Kentucky’’ and inserting 
‘‘between Henderson, Kentucky, and Owensboro, Kentucky, and, 
as a future Interstate Route 65 and 66 Spur, the William H. 
Natcher 
Parkway 
between 
Bowling 
Green, 
Kentucky, 
and 
Owensboro, Kentucky’’. 
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129 STAT. 1423 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1417. WORK ZONE AND GUARD RAIL SAFETY TRAINING. 
(a) IN GENERAL.—Section 1409 of SAFETEA–LU (23 U.S.C. 
401 note) is amended— 
(1) by striking the section heading and inserting ‘‘WORK 
ZONE AND GUARD RAIL SAFETY TRAINING’’; and 
(2) in subsection (b) by adding at the end the following: 
‘‘(4) Development, updating, and delivery of training 
courses on guard rail installation, maintenance, and inspec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of such Act is amended by striking the item relating to section 
1409 and inserting the following: 
‘‘Sec. 1409. Work zone and guard rail safety training.’’. 
SEC. 1418. CONSOLIDATION OF PROGRAMS. 
Section 1519(a) of MAP–21 (126 Stat. 574) is amended by 
striking ‘‘From administrative funds’’ and all that follows through 
‘‘shall be made available’’ and inserting ‘‘For each of fiscal years 
2016 through 2020, before making an apportionment under section 
104(b)(3) of title 23, United States Code, the Secretary shall set 
aside, from amounts made available to carry out the highway safety 
improvement program under section 148 of such title for the fiscal 
year, $3,500,000’’. 
SEC. 1419. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING 
REQUIREMENTS. 
(a) FUNDAMENTAL PROPERTIES OF ASPHALTS REPORT.—Section 
6016(e) of the Intermodal Surface Transportation Efficiency Act 
of 1991 (105 Stat. 2183) is repealed. 
(b) EXPRESS LANES DEMONSTRATION PROGRAM REPORTS.—Sec-
tion 1604(b)(7)(B) of SAFETEA–LU (23 U.S.C. 129 note) is repealed. 
SEC. 1420. FLEXIBILITY FOR PROJECTS. 
(a) AUTHORITY.—With respect to projects eligible for funding 
under title 23, United States Code, subject to subsection (b) and 
on request by a State, the Secretary may— 
(1) exercise all existing flexibilities under and exceptions 
to— 
(A) the requirements of title 23, United States Code; 
and 
(B) other requirements administered by the Secretary, 
in whole or part; and 
(2) otherwise provide additional flexibility or expedited 
processing with respect to the requirements described in para-
graph (1). 
(b) MAINTAINING PROTECTIONS.—Nothing in this section— 
(1) waives the requirements of section 113 or 138 of title 
23, United States Code; 
(2) supersedes, amends, or modifies— 
(A) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) or any other Federal environmental 
law; or 
(B) any requirement of title 23 or title 49, United 
States Code; or 
(3) affects the responsibility of any Federal officer to comply 
with or enforce any law or requirement described in this sub-
section. 
23 USC 101 note. 
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129 STAT. 1424 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1421. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall develop guidance that encour-
ages the use of programmatic approaches to project delivery, expe-
dited and prudent procurement techniques, and other best practices 
to facilitate productive, effective, and timely expenditure of funds 
for projects eligible for funding under title 23, United States Code. 
(b) IMPLEMENTATION.—The Secretary shall work with States 
to ensure that any guidance developed under subsection (a) is 
consistently implemented by States and the Federal Highway 
Administration to— 
(1) avoid unnecessary delays in completing projects; 
(2) minimize cost overruns; and 
(3) ensure the effective use of Federal funding. 
SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES. 
(a) IN GENERAL.—Subject to subsection (c), the Administrator 
of the Federal Highway Administration (referred to in this section 
as the ‘‘Administrator’’) shall commission the Transportation 
Research Board of the National Academy of Sciences to conduct 
a study on the performance of bridges that received funding under 
the innovative bridge research and construction program (referred 
to in this section as the ‘‘program’’) under section 503(b) of title 
23, United States Code (as in effect on the day before the date 
of enactment of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)) 
in meeting the goals of that program, which included— 
(1) the development of new, cost-effective innovative mate-
rial highway bridge applications; 
(2) the reduction of maintenance costs and lifecycle costs 
of bridges, including the costs of new construction, replacement, 
or rehabilitation of deficient bridges; 
(3) the development of construction techniques to increase 
safety and reduce construction time and traffic congestion; 
(4) the development of engineering design criteria for 
innovative products and materials for use in highway bridges 
and structures; 
(5) the development of cost-effective and innovative tech-
niques to separate vehicle and pedestrian traffic from railroad 
traffic; 
(6) the development of highway bridges and structures 
that will withstand natural disasters, including alternative 
processes for the seismic retrofit of bridges; and 
(7) the development of new nondestructive bridge evalua-
tion technologies and techniques. 
(b) CONTENTS.—The study commissioned under subsection (a) 
shall include— 
(1) an analysis of the performance of bridges that received 
funding under the program in meeting the goals described 
in paragraphs (1) through (7) of subsection (a); 
(2) an analysis of the utility, compared to conventional 
materials and technologies, of each of the innovative materials 
and technologies used in projects for bridges under the program 
in meeting the needs of the United States in 2015 and in 
the future for a sustainable and low lifecycle cost transportation 
system; 
(3) recommendations to Congress on how the installed and 
lifecycle costs of bridges could be reduced through the use 
23 USC 101 note. 
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129 STAT. 1425 
PUBLIC LAW 114–94—DEC. 4, 2015 
of innovative materials and technologies, including, as appro-
priate, any changes in the design and construction of bridges 
needed to maximize the cost reductions; and 
(4) a summary of any additional research that may be 
needed to further evaluate innovative approaches to reducing 
the installed and lifecycle costs of highway bridges. 
(c) PUBLIC COMMENT.—Before commissioning the study under 
subsection (a), the Administrator shall provide an opportunity for 
public comment on the study proposal. 
(d) DATA FROM STATES.—Each State that received funds under 
the program shall provide to the Transportation Research Board 
any relevant data needed to carry out the study commissioned 
under subsection (a). 
(e) DEADLINE.—The Administrator shall submit to Congress 
the study commissioned under subsection (a) not later than 3 years 
after the date of enactment of this Act. 
SEC. 1423. RELINQUISHMENT OF PARK-AND-RIDE LOT FACILITIES. 
A State transportation agency may relinquish park-and-ride 
lot facilities or portions of park-and-ride lot facilities to a local 
government agency for highway purposes if authorized to do so 
under State law if the agreement providing for the relinquishment 
provides that— 
(1) rights-of-way on the Interstate System will remain 
available for future highway improvements; and 
(2) modifications to the facilities that could impair the 
highway or interfere with the free and safe flow of traffic 
are subject to the approval of the Secretary. 
SEC. 1424. PILOT PROGRAM. 
(a) IN GENERAL.—The Administrator of the Federal Highway 
Administration (referred to in this section as the ‘‘Administrator’’) 
may establish a pilot program that allows a State to utilize innova-
tive approaches to maintain the right-of-way of Federal-aid high-
ways within the State. 
(b) LIMITATION.—A pilot program established under subsection 
(a) shall— 
(1) terminate after not more than 4 years; 
(2) include not more than 5 States; and 
(3) be subject to guidelines published by the Administrator. 
(c) REPORT.—If the Administrator establishes a pilot program 
under subsection (a), the Administrator shall, not more than 1 
year after the completion of the pilot program, submit to the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public Works 
of the Senate a report on the results of the pilot program. 
(d) SAVINGS PROVISION.—Nothing in this section may be con-
strued to affect the requirements of section 111 of title 23, United 
States Code. 
SEC. 1425. SERVICE CLUB, CHARITABLE ASSOCIATION, OR RELIGIOUS 
SERVICE SIGNS. 
Notwithstanding section 131 of title 23, United States Code, 
and part 750 of title 23, Code of Federal Regulations (or successor 
regulations), if a State notifies the Federal Highway Administration, 
the State may allow the maintenance of a sign of a service club, 
charitable association, or religious service organization— 
23 USC 131 note. 
23 USC 116 note. 
23 USC 137 note. 
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129 STAT. 1426 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) that exists on the date of enactment of this Act (or 
was removed in the 3-year period ending on such date of 
enactment); and 
(2) the area of which is less than or equal to 32 square 
feet. 
SEC. 1426. MOTORCYCLIST ADVISORY COUNCIL. 
The Secretary, acting through the Administrator of the Federal 
Highway Administration, shall appoint a Motorcyclist Advisory 
Council to coordinate with and advise the Administrator on infra-
structure issues of concern to motorcyclists, including— 
(1) barrier design; 
(2) road design, construction, and maintenance practices; 
and 
(3) the architecture and implementation of intelligent 
transportation system technologies. 
SEC. 1427. HIGHWAY WORK ZONES. 
It is the sense of Congress that the Federal Highway Adminis-
tration should— 
(1) do all within its power to protect workers in highway 
work zones; and 
(2) move rapidly to finalize regulations, as directed in sec-
tion 1405 of MAP–21 (126 Stat. 560), to protect the lives and 
safety of construction workers in highway work zones from 
vehicle intrusions. 
SEC. 1428. USE OF DURABLE, RESILIENT, AND SUSTAINABLE MATE-
RIALS AND PRACTICES. 
To the extent practicable, the Secretary shall encourage the 
use of durable, resilient, and sustainable materials and practices, 
including the use of geosynthetic materials and other innovative 
technologies, in carrying out the activities of the Federal Highway 
Administration. 
SEC. 1429. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARD-
WARE DEVICES. 
(a) STUDY.—The Secretary shall conduct a study on methods 
for identifying roadside highway safety hardware devices to improve 
the data collected on the devices, as necessary for in-service evalua-
tion of the devices. 
(b) CONTENTS.—In conducting the study under subsection (a), 
the Secretary shall evaluate identification methods based on the 
ability of the method— 
(1) to convey information on the devices, including manufac-
turing date, factory of origin, product brand, and model; 
(2) to withstand roadside conditions; and 
(3) to connect to State and regional inventories of similar 
devices. 
(c) IDENTIFICATION METHODS.—The identification methods to 
be studied under this section include stamped serial numbers, radio- 
frequency identification, and such other methods as the Secretary 
determines appropriate. 
(d) REPORT TO CONGRESS.—Not later than January 1, 2018, 
the Secretary shall submit to Congress a report on the results 
of the study under subsection (a). 
23 USC 101 note. 
23 USC 101 note. 
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129 STAT. 1427 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1430. USE OF MODELING AND SIMULATION TECHNOLOGY. 
It is the sense of Congress that the Department should utilize, 
to the fullest and most economically feasible extent practicable, 
modeling and simulation technology to analyze highway and public 
transportation projects authorized by this Act to ensure that these 
projects— 
(1) will increase transportation capacity and safety, 
alleviate congestion, and reduce travel time and environmental 
impacts; and 
(2) are as cost effective as practicable. 
SEC. 1431. NATIONAL ADVISORY COMMITTEE ON TRAVEL AND 
TOURISM INFRASTRUCTURE. 
(a) FINDINGS.—Congress finds that— 
(1) 1 out of every 9 jobs in the United States depends 
on travel and tourism, and the industry supports 15,000,000 
jobs in the United States; 
(2) the travel and tourism industry employs individuals 
in all 50 States, the District of Columbia, and all of the terri-
tories of the United States; 
(3) international travel to the United States is the single 
largest export industry in the United States, generating a trade 
surplus balance of approximately $74,000,000,000; 
(4) travel and tourism provide significant economic benefits 
to the United States by generating nearly $2,100,000,000,000 
in annual economic output; and 
(5) the United States intermodal transportation network 
facilitates the large-scale movement of business and leisure 
travelers, and is the most important asset of the travel industry. 
(b) ESTABLISHMENT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall establish an advisory 
committee to be known as the National Advisory Committee on 
Travel and Tourism Infrastructure (referred to in this section as 
the ‘‘Committee’’) to provide information, advice, and recommenda-
tions to the Secretary on matters relating to the role of intermodal 
transportation in facilitating mobility related to travel and tourism 
activities. 
(c) MEMBERSHIP.—The Committee shall— 
(1) be composed of members appointed by the Secretary 
for terms of not more than 3 years; and 
(2) include a representative cross-section of public and pri-
vate sector stakeholders involved in the travel and tourism 
industry, including representatives of— 
(A) the travel and tourism industry, product and 
service providers, and travel and tourism-related associa-
tions; 
(B) 
travel, 
tourism, 
and 
destination 
marketing 
organizations; 
(C) the travel and tourism-related workforce; 
(D) State tourism offices; 
(E) State departments of transportation; 
(F) regional and metropolitan planning organizations; 
and 
(G) local governments. 
(d) ROLE OF COMMITTEE.—The Committee shall— 
(1) advise the Secretary on current and emerging priorities, 
issues, projects, and funding needs related to the use of the 
49 USC 301 note. 
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129 STAT. 1428 
PUBLIC LAW 114–94—DEC. 4, 2015 
intermodal transportation network of the United States to facili-
tate travel and tourism; 
(2) serve as a forum for discussion for travel and tourism 
stakeholders on transportation issues affecting interstate and 
interregional mobility of passengers; 
(3) promote the sharing of information between the private 
and public sectors on transportation issues impacting travel 
and tourism; 
(4) gather information, develop technical advice, and make 
recommendations to the Secretary on policies that improve 
the condition and performance of an integrated national 
transportation system that— 
(A) is safe, economical, and efficient; and 
(B) maximizes the benefits to the United States gen-
erated through the travel and tourism industry; 
(5) identify critical transportation facilities and corridors 
that facilitate and support the interstate and interregional 
transportation of passengers for tourism, commercial, and rec-
reational activities; 
(6) provide for development of measures of condition, safety, 
and performance for transportation related to travel and 
tourism; 
(7) provide for development of transportation investment, 
data, and planning tools to assist Federal, State, and local 
officials in making investment decisions relating to transpor-
tation projects that improve travel and tourism; and 
(8) address other issues of transportation policy and pro-
grams impacting the movement of travelers for tourism and 
recreational purposes, including by making legislative rec-
ommendations. 
(e) NATIONAL TRAVEL
AND TOURISM INFRASTRUCTURE STRA-
TEGIC PLAN.—Not later than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with the Committee, 
State departments of transportation, and other appropriate public 
and private transportation stakeholders, shall develop and post 
on the public Internet website of the Department a national travel 
and tourism infrastructure strategic plan that includes— 
(1) an assessment of the condition and performance of 
the national transportation network; 
(2) an identification of the issues on the national transpor-
tation network that create significant congestion problems and 
barriers to long-haul passenger travel and tourism; 
(3) forecasts of long-haul passenger travel and tourism 
volumes for the 20-year period beginning in the year during 
which the plan is issued; 
(4) an identification of the major transportation facilities 
and corridors for current and forecasted long-haul travel and 
tourism volumes, the identification of which shall be revised, 
as appropriate, in subsequent plans; 
(5) an assessment of statutory, regulatory, technological, 
institutional, financial, and other barriers to improved long- 
haul passenger travel performance (including opportunities for 
overcoming the barriers); 
(6) best practices for improving the performance of the 
national transportation network; and 
(7) strategies to improve intermodal connectivity for long- 
haul passenger travel and tourism. 
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129 STAT. 1429 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 1432. EMERGENCY EXEMPTIONS. 
(a) IN GENERAL.—Any road, highway, railway, bridge, or transit 
facility that is damaged by an emergency that is declared by the 
Governor of the State, with the concurrence of the Secretary of 
Homeland Security, or declared as an emergency by the President 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), and that is in operation 
or under construction on the date on which the emergency occurs 
may be reconstructed in the same location with the same capacity, 
dimensions, and design as before the emergency subject to the 
exemptions and expedited procedures under subsection (b). 
(b) EXEMPTIONS AND EXPEDITED PROCEDURES.— 
(1) ALTERNATIVE
ARRANGEMENTS.—Alternative arrange-
ments for an emergency under section 1506.11 of title 40, 
Code of Federal Regulations (as in effect on the date of enact-
ment of this Act) shall apply to reconstruction under subsection 
(a), and the reconstruction shall be considered necessary to 
control the immediate impacts of the emergency. 
(2) STORMWATER DISCHARGE PERMITS.—A general permit 
for stormwater discharges from construction activities, if avail-
able, issued by the Administrator of the Environmental Protec-
tion Agency or the director of a State program under section 
402(p) of the Federal Water Pollution Control Act (33 U.S.C. 
1342(p)), as applicable, shall apply to reconstruction under 
subsection (a), on submission of a notice of intent to be subject 
to the permit. 
(3) EMERGENCY PROCEDURES.—The emergency procedures 
for issuing permits in accordance with section 325.2(e)(4) of 
title 33, Code of Federal Regulations (as in effect on the date 
of enactment of this Act) shall apply to reconstruction under 
subsection (a), and the reconstruction shall be considered an 
emergency under that regulation. 
(4) NATIONAL HISTORIC PRESERVATION ACT EXEMPTION.— 
Reconstruction under subsection (a) is eligible for an exemption 
from the requirements of the National Historic Preservation 
Act of 1966 pursuant to part 78 of title 36, Code of Federal 
Regulations (as in effect on the date of enactment of this 
Act). 
(5) ENDANGERED SPECIES ACT EXEMPTION.—An exemption 
from the requirements of the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) pursuant to section 7(p) of that Act 
(16 U.S.C. 1536(p)) shall apply to reconstruction under sub-
section (a) and, if the President makes the determination 
required under section 7(p) of that Act, the determinations 
required under subsections (g) and (h) of that section shall 
be deemed to be made. 
(6) EXPEDITED CONSULTATION UNDER ENDANGERED SPECIES 
ACT.—Expedited consultation pursuant to section 402.05 of title 
50, Code of Federal Regulations (as in effect on the date of 
enactment of this Act) shall apply to reconstruction under sub-
section (a). 
(7) OTHER EXEMPTIONS.—Any reconstruction that is exempt 
under paragraph (5) shall also be exempt from requirements 
under— 
(A) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
seq.); 
23 USC 109 note. 
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129 STAT. 1430 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) the Wild and Scenic Rivers Act (16 U.S.C. 1271 
et seq.); and 
(C) the Fish and Wildlife Coordination Act (16 U.S.C. 
661 et seq.). 
SEC. 1433. REPORT ON HIGHWAY TRUST FUND ADMINISTRATIVE 
EXPENDITURES. 
(a) INITIAL REPORT.—Not later than 150 days after the date 
of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report describing the administra-
tive expenses of the Federal Highway Administration funded from 
the Highway Trust Fund during the 3 most recent fiscal years. 
(b) UPDATES.—Not later than 5 years after the date on which 
the report is submitted under subsection (a) and every 5 years 
thereafter, the Comptroller General shall submit to Congress a 
report that updates the information provided in the report under 
that subsection for the preceding 5-year period. 
(c) INCLUSIONS.—Each report submitted under subsection (a) 
or (b) shall include a description of— 
(1) the types of administrative expenses of programs and 
offices funded by the Highway Trust Fund; 
(2) the tracking and monitoring of administrative expenses; 
(3) the controls in place to ensure that funding for adminis-
trative expenses is used as efficiently as practicable; and 
(4) the flexibility of the Department to reallocate amounts 
from the Highway Trust Fund between full-time equivalent 
employees and other functions. 
SEC. 1434. AVAILABILITY OF REPORTS. 
(a) IN GENERAL.—The Secretary shall make available to the 
public on the website of the Department any report required to 
be submitted by the Secretary to Congress after the date of enact-
ment of this Act. 
(b) DEADLINE.—Each report described in subsection (a) shall 
be made available on the website not later than 30 days after 
the report is submitted to Congress. 
SEC. 1435. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 
Section 1528 of MAP–21 (40 U.S.C. 14501 note; Public Law 
112–141) is amended— 
(1) by striking ‘‘2021’’ each place it appears and inserting 
‘‘2050’’; and 
(2) by striking ‘‘shall be 100 percent’’ each place it appears 
and inserting ‘‘shall be up to 100 percent, as determined by 
the State’’. 
SEC. 1436. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM. 
(a) HIGH-SPEED BROADBAND DEVELOPMENT INITIATIVE.— 
(1) IN GENERAL.—Subchapter I of chapter 145 of subtitle 
IV of title 40, United States Code, is amended by adding 
at the end the following: 
‘‘§ 14509. High-speed broadband deployment initiative 
‘‘(a) IN GENERAL.—The Appalachian Regional Commission may 
provide technical assistance, make grants, enter into contracts, 
or otherwise provide amounts to individuals or entities in the Appa-
lachian region for projects and activities— 
40 USC 14509. 
49 USC 308 note. 
23 USC 101 note. 
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129 STAT. 1431 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) to increase affordable access to broadband networks 
throughout the Appalachian region; 
‘‘(2) to conduct research, analysis, and training to increase 
broadband adoption efforts in the Appalachian region; 
‘‘(3) to provide technology assets, including computers, 
smartboards, and video projectors to educational systems 
throughout the Appalachian region; 
‘‘(4) to increase distance learning opportunities throughout 
the Appalachian region; 
‘‘(5) to increase the use of telehealth technologies in the 
Appalachian region; and 
‘‘(6) to promote e-commerce applications in the Appalachian 
region. 
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any 
activity eligible for a grant under this section— 
‘‘(1) not more than 50 percent may be provided from 
amounts appropriated to carry out this section; and 
‘‘(2) notwithstanding paragraph (1)— 
‘‘(A) in the case of a project to be carried out in a 
county for which a distressed county designation is in 
effect under section 14526, not more than 80 percent may 
be provided from amounts appropriated to carry out this 
section; and 
‘‘(B) in the case of a project to be carried out in a 
county for which an at-risk designation is in effect under 
section 14526, not more than 70 percent may be provided 
from amounts appropriated to carry out this section. 
‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection (b), a grant 
provided under this section may be provided from amounts made 
available to carry out this section in combination with amounts 
made available— 
‘‘(1) under any other Federal program; or 
‘‘(2) from any other source. 
‘‘(d) FEDERAL SHARE.—Notwithstanding any provision of law 
limiting the Federal share under any other Federal program, 
amounts made available to carry out this section may be used 
to increase that Federal share, as the Appalachian Regional 
Commission determines to be appropriate.’’. 
(2) CONFORMING AMENDMENT.—The analysis for chapter 
145 of title 40, United States Code, is amended by inserting 
after the item relating to section 14508 the following: 
‘‘14509. High-speed broadband deployment initiative.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 14703 of title 
40, United States Code, is amended— 
(1) in subsection (a)(5), by striking ‘‘fiscal year 2012’’ and 
inserting ‘‘each of fiscal years 2012 through 2020’’; 
(2) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(3) by inserting after subsection (b) the following: 
‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.—Of the 
amounts made available under subsection (a), $10,000,000 may 
be used to carry out section 14509 for each of fiscal years 2016 
through 2020.’’. 
(c) TERMINATION.—Section 14704 of title 40, United States 
Code, is amended by striking ‘‘2012’’ and inserting ‘‘2020’’. 
40 USC 
prec. 14501. 
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129 STAT. 1432 
PUBLIC LAW 114–94—DEC. 4, 2015 
(d) EFFECTIVE DATE.—This section and the amendments made 
by this section take effect on October 1, 2015. 
SEC. 1437. BORDER STATE INFRASTRUCTURE. 
(a) IN GENERAL.—After consultation with relevant transpor-
tation planning organizations, the Governor of a State that shares 
a land border with Canada or Mexico may designate for each 
fiscal year not more than 5 percent of the funds made available 
to the State under section 133(d)(1)(B) of title 23, United States 
Code, for border infrastructure projects eligible under section 1303 
of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207). 
(b) USE OF FUNDS.—Funds designated under this section shall 
be available under the requirements of section 1303 of SAFETEA– 
LU (23 U.S.C. 101 note; 119 Stat. 1207). 
(c) CERTIFICATION.—Before making a designation under sub-
section (a), the Governor shall certify that the designation is con-
sistent with transportation planning requirements under title 23, 
United States Code. 
(d) NOTIFICATION.—Not later than 30 days after making a 
designation under subsection (a), the Governor shall submit to 
the relevant transportation planning organizations within the 
border region a written notification of any suballocated or distrib-
uted amount of funds available for obligation by jurisdiction. 
(e) LIMITATION.—This section applies only to funds apportioned 
to a State after the date of enactment of this Act. 
(f) DEADLINE
FOR DESIGNATION.—A designation under sub-
section (a) shall— 
(1) be submitted to the Secretary not later than 30 days 
before the first day of the fiscal year for which the designation 
is being made; and 
(2) remain in effect for the funds designated under sub-
section (a) for a fiscal year until the Governor of the State 
notifies the Secretary of the termination of the designation. 
(g) UNOBLIGATED FUNDS AFTER TERMINATION.—Effective begin-
ning on the date of a termination under subsection (f)(2), all 
remaining unobligated funds that were designated under subsection 
(a) for the fiscal year for which the designation is being terminated 
shall be made available to the State for the purposes described 
in section 133(d)(1)(B) of title 23, United States Code. 
SEC. 1438. ADJUSTMENTS. 
(a) IN GENERAL.—On July 1, 2020, of the unobligated balances 
of funds apportioned among the States under chapter 1 of title 
23, United States Code, a total of $7,569,000,000 is permanently 
rescinded. 
(b) EXCLUSIONS FROM RESCISSION.—The rescission under sub-
section (a) shall not apply to funds distributed in accordance with— 
(1) sections 104(b)(3) and 130(f) of title 23, United States 
Code; 
(2) section 133(d)(1)(A) of such title; 
(3) the first sentence of section 133(d)(3)(A) of such title, 
as in effect on the day before the date of enactment of MAP– 
21 (Public Law 112–141); 
(4) sections 133(d)(1) and 163 of such title, as in effect 
on the day before the date of enactment of SAFETEA–LU 
(Public Law 109–59); and 
23 USC 101 note. 
40 USC 14509 
note. 
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129 STAT. 1433 
PUBLIC LAW 114–94—DEC. 4, 2015 
(5) section 104(b)(5) of such title, as in effect on the day 
before the date of enactment of MAP–21 (Public Law 112– 
141). 
(c) DISTRIBUTION AMONG STATES.—The amount to be rescinded 
under this section from a State shall be determined by multiplying 
the total amount of the rescission in subsection (a) by the ratio 
that— 
(1) the unobligated balances subject to the rescission as 
of September 30, 2019, for the State; bears to 
(2) the unobligated balances subject to the rescission as 
of September 30, 2019, for all States. 
(d) DISTRIBUTION WITHIN EACH STATE.—The amount to be 
rescinded under this section from each program to which the rescis-
sion applies within a State shall be determined by multiplying 
the required rescission amount calculated under subsection (c) for 
such State by the ratio that— 
(1) the unobligated balance as of September 30, 2019, for 
such program in such State; bears to 
(2) the unobligated balances as of September 30, 2019, 
for all programs to which the rescission applies in such State. 
SEC. 1439. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK BRIDGES. 
(a) TEMPORARY AUTHORIZATION.— 
(1) IN GENERAL.—Until the Secretary of the Interior takes 
the action described in subsection (b), the take of nesting swal-
lows to facilitate a construction project on a bridge eligible 
for funding under title 23, United States Code, with any compo-
nent condition rating of 3 or less (as defined by the National 
Bridge Inventory General Condition Guidance issued by the 
Federal Highway Administration) is authorized under the 
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between 
April 1 and August 31. 
(2) MEASURES TO MINIMIZE IMPACTS.— 
(A) NOTIFICATION BEFORE TAKING.—Prior to the taking 
of nesting swallows authorized under paragraph (1), any 
person taking that action shall submit to the Secretary 
of the Interior a document that contains— 
(i) the name of the person acting under the 
authority of paragraph (1) to take nesting swallows; 
(ii) a list of practicable measures that will be 
undertaken to minimize or mitigate significant adverse 
impacts on the population of that species; 
(iii) the time period during which activities will 
be carried out that will result in the taking of that 
species; and 
(iv) an estimate of the number of birds, by species, 
to be taken in the proposed action. 
(B) NOTIFICATION AFTER TAKING.—Not later than 60 
days after the taking of nesting swallows authorized under 
paragraph (1), any person taking that action shall submit 
to the Secretary of the Interior a document that contains 
the number of birds, by species, taken in the action. 
(b) AUTHORIZATION OF TAKE.— 
(1) IN GENERAL.—The Secretary of the Interior, in consulta-
tion with the Secretary, shall promulgate a regulation under 
the authority of section 3 of the Migratory Bird Treaty Act 
16 USC 703 note. 
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129 STAT. 1434 
PUBLIC LAW 114–94—DEC. 4, 2015 
(16 U.S.C. 704) authorizing the take of nesting swallows to 
facilitate bridge repair, maintenance, or construction— 
(A) without individual permit requirements; and 
(B) under terms and conditions determined to be con-
sistent with treaties relating to migratory birds that protect 
swallow species occurring in the United States. 
(2) TERMINATION.—On the effective date of a final rule 
under this subsection by the Secretary of the Interior, sub-
section (a) shall have no force or effect. 
(c) SUSPENSION OR WITHDRAWAL OF TAKE AUTHORIZATION.— 
If the Secretary of the Interior, in consultation with the Secretary, 
determines that taking of nesting swallows carried out under the 
authority provided in subsection (a)(1) is having a significant 
adverse impact on swallow populations, the Secretary of the Interior 
may suspend that authority through publication in the Federal 
Register. 
SEC. 1440. AT-RISK PROJECT PREAGREEMENT AUTHORITY. 
(a) DEFINITION OF PRELIMINARY ENGINEERING.—In this section, 
the 
term 
‘‘preliminary 
engineering’’ 
means 
allowable 
preconstruction project development and engineering costs. 
(b) AT-RISK PROJECT PREAGREEMENT AUTHORITY.—A recipient 
or subrecipient of Federal-aid funds under title 23, United States 
Code, may— 
(1) incur preliminary engineering costs for an eligible 
project under title 23, United States Code, before receiving 
project authorization from the State, in the case of a sub-
recipient, and the Secretary to proceed with the project; and 
(2) request reimbursement of applicable Federal funds after 
the project authorization is received. 
(c) ELIGIBILITY.—The Secretary may reimburse preliminary 
engineering costs incurred by a recipient or subrecipient under 
subsection (b)— 
(1) if the costs meet all applicable requirements under 
title 23, United States Code, at the time the costs are incurred 
and the Secretary concurs that the requirements have been 
met; 
(2) in the case of a project located within a designated 
nonattainment or maintenance area for air quality, if the con-
formity requirements of the Clean Air Act (42 U.S.C. 7401 
et seq.) have been met; and 
(3) if the costs would have been allowable if incurred after 
the date of the project authorization by the Department. 
(d) AT-RISK.—A recipient or subrecipient that elects to use 
the authority provided under this section shall— 
(1) assume all risk for preliminary engineering costs 
incurred prior to project authorization; and 
(2) be responsible for ensuring and demonstrating to the 
Secretary that all applicable cost eligibility conditions are met 
after the authorization is received. 
(e) RESTRICTIONS.—Nothing in this section— 
(1) allows a recipient or subrecipient to use the authority 
under this section to advance a project beyond preliminary 
engineering prior to the completion of the environmental review 
process; 
(2) waives the applicability of Federal requirements to a 
project 
other 
than 
the 
reimbursement 
of 
preliminary 
23 USC 121 note. 
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129 STAT. 1435 
PUBLIC LAW 114–94—DEC. 4, 2015 
engineering costs incurred prior to an authorization to proceed 
in accordance with this section; or 
(3) guarantees Federal funding of the project or the eligi-
bility of the project for future Federal-aid highway funding. 
SEC. 1441. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRA-
TION PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a regional infra-
structure demonstration program (referred to in this section as 
the ‘‘program’’) to assist entities in developing improved infrastruc-
ture priorities and financing strategies for the accelerated develop-
ment of a project that is eligible for funding under the TIFIA 
program under chapter 6 of title 23, United States Code. 
(b) DESIGNATION
OF REGIONAL INFRASTRUCTURE ACCELERA-
TORS.—In carrying out the program, the Secretary may designate 
regional infrastructure accelerators that will— 
(1) serve a defined geographic area; and 
(2) act as a resource in the geographic area to qualified 
entities in accordance with this section. 
(c) APPLICATION.—To be eligible for a designation under sub-
section (b), a proposed regional infrastructure accelerator shall 
submit to the Secretary a proposal at such time, in such manner, 
and containing such information as the Secretary may require. 
(d) CRITERIA.—In evaluating a proposal submitted under sub-
section (c), the Secretary shall consider— 
(1) the need for geographic diversity among regional infra-
structure accelerators; and 
(2) the ability of the proposal to promote investment in 
covered infrastructure projects, which shall include a plan— 
(A) to evaluate and promote innovative financing 
methods for local projects, including the use of the TIFIA 
program under chapter 6 of title 23, United States Code; 
(B) to build capacity of State, local, and tribal govern-
ments to evaluate and structure projects involving the 
investment of private capital; 
(C) to provide technical assistance and information 
on best practices with respect to financing the projects; 
(D) to increase transparency with respect to infrastruc-
ture project analysis and using innovative financing for 
public infrastructure projects; 
(E) 
to 
deploy 
predevelopment 
capital 
programs 
designed to facilitate the creation of a pipeline of infrastruc-
ture projects available for investment; 
(F) to bundle smaller-scale and rural projects into 
larger proposals that may be more attractive for invest-
ment; and 
(G) to reduce transaction costs for public project spon-
sors. 
(e) ANNUAL REPORT.—Not less frequently than once each year, 
the Secretary shall submit to Congress a report that describes 
the findings and effectiveness of the program. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out the program $12,000,000, of which 
the Secretary shall use— 
(1) $11,750,000 for initial grants to regional infrastructure 
accelerators under subsection (b); and 
23 USC 601 note. 
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129 STAT. 1436 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) $250,000 for administrative costs of carrying out the 
program. 
SEC. 1442. SAFETY FOR USERS. 
(a) IN GENERAL.—The Secretary shall encourage each State 
and metropolitan planning organization to adopt standards for the 
design of Federal surface transportation projects that provide for 
the safe and adequate accommodation (as determined by the State) 
of all users of the surface transportation network, including motor-
ized and nonmotorized users, in all phases of project planning, 
development, and operation. 
(b) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall make available to the public a 
report cataloging examples of State law or State transportation 
policy that provide for the safe and adequate accommodation of 
all users of the surface transportation network, in all phases of 
project planning, development, and operation. 
(c) BEST PRACTICES.—Based on the report under subsection 
(b), the Secretary shall identify and disseminate examples of best 
practices where States have adopted measures that have success-
fully provided for the safe and adequate accommodation of all 
users of the surface transportation network in all phases of project 
planning, development, and operation. 
SEC. 1443. SENSE OF CONGRESS. 
It is the sense of Congress that the engineering industry of 
the United States continues to provide critical technical expertise, 
innovation, and local knowledge to Federal and State agencies 
in order to efficiently deliver surface transportation projects to 
the public, and Congress recognizes the valuable contributions made 
by the engineering industry of the United States and urges the 
Secretary to reinforce those partnerships by encouraging State and 
local agencies to take full advantage of engineering industry 
capabilities to strengthen project performance, improve domestic 
competitiveness, and create jobs. 
SEC. 1444. EVERY DAY COUNTS INITIATIVE. 
(a) IN GENERAL.—It is in the national interest for the Depart-
ment, State departments of transportation, and all other recipients 
of Federal transportation funds— 
(1) to identify, accelerate, and deploy innovation aimed 
at shortening project delivery, enhancing the safety of the road-
ways of the United States, and protecting the environment; 
(2) to ensure that the planning, design, engineering, 
construction, and financing of transportation projects is done 
in an efficient and effective manner; 
(3) to promote the rapid deployment of proven solutions 
that provide greater accountability for public investments and 
encourage greater private sector involvement; and 
(4) to create a culture of innovation within the highway 
community. 
(b) EVERY DAY COUNTS INITIATIVE.—To advance the policy 
described in subsection (a), the Administrator of the Federal High-
way Administration shall continue the Every Day Counts initiative 
to work with States, local transportation agencies, and industry 
stakeholders to identify and deploy proven innovative practices 
and products that— 
(1) accelerate innovation deployment; 
23 USC 101 note. 
23 USC 109 note. 
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129 STAT. 1437 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) shorten the project delivery process; 
(3) improve environmental sustainability; 
(4) enhance roadway safety; and 
(5) reduce congestion. 
(c) INNOVATION DEPLOYMENT.— 
(1) IN GENERAL.—At least every 2 years, the Administrator 
shall work collaboratively with stakeholders to identify a new 
collection of innovations, best practices, and data to be deployed 
to highway stakeholders through case studies, webinars, and 
demonstration projects. 
(2) REQUIREMENTS.—In identifying a collection described 
in paragraph (1), the Secretary shall take into account market 
readiness, impacts, benefits, and ease of adoption of the innova-
tion or practice. 
(d) PUBLICATION.—Each collection identified under subsection 
(c) shall be published by the Administrator on a publicly available 
Web site. 
SEC. 1445. WATER INFRASTRUCTURE FINANCE AND INNOVATION. 
Section 5028(a) of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 3907(a)) is amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraphs (6) and (7) as paragraphs 
(5) and (6), respectively. 
SEC. 1446. TECHNICAL CORRECTIONS. 
(a) TITLE 23.—Title 23, United States Code, is amended as 
follows: 
(1) Section 119(d)(1)(A) is amended by striking ‘‘mobility,’’ 
and inserting ‘‘congestion reduction, system reliability,’’. 
(2) Section 126(b)(1) is amended by striking ‘‘133(d)’’ and 
inserting ‘‘133(d)(1)(A)’’. 
(3) Section 127(a)(3) is amended by striking ‘‘118(b)(2) of 
this title’’ and inserting ‘‘118(b)’’. 
(4) Section 150(b)(5) is amended by striking ‘‘national 
freight network’’ and inserting ‘‘National Highway Freight Net-
work’’. 
(5) Section 150(c)(3)(B) is amended by striking the semi-
colon at the end and inserting a period. 
(6) Section 150(e)(4) is amended by striking ‘‘National 
Freight Strategic Plan’’ and inserting ‘‘national freight strategic 
plan’’. 
(7) Section 153(h)(2) is amended by striking ‘‘paragraphs 
(1) through (3)’’ and inserting ‘‘paragraphs (1), (2), and (4)’’. 
(8) Section 154(c) is amended— 
(A) in paragraph (1) by striking ‘‘paragraphs (1), (3), 
and (4)’’ and inserting ‘‘paragraphs (1), (2), and (4)’’; 
(B) in paragraph (3)(A) by striking ‘‘transferred’’ and 
inserting ‘‘reserved’’; and 
(C) in paragraph (5)— 
(i) in the matter preceding subparagraph (A) by 
inserting ‘‘or released’’ after ‘‘transferred’’; and 
(ii) in subparagraph (A) by striking ‘‘under section 
104(b)(l)’’ and inserting ‘‘under section 104(b)(1)’’. 
(9) Section 163(f)(2) is amended by striking ‘‘118(b)(2)’’ and 
inserting ‘‘118(b)’’. 
(10) Section 164(b) is amended— 
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129 STAT. 1438 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) in paragraph (3)(A) by striking ‘‘transferred’’ and 
inserting ‘‘reserved’’; and 
(B) in paragraph (5) by inserting ‘‘or released’’ after 
‘‘transferred’’. 
(11) Section 165(c)(7) is amended by striking ‘‘paragraphs 
(2), (4), (7), (8), (14), and (19) of section 133(b)’’ and inserting 
‘‘paragraphs (1) through (4) of section 133(c) and section 
133(b)(12)’’. 
(12) Section 202(b)(3) is amended— 
(A) in subparagraph (A)(i), in the matter preceding 
subclause (I), by inserting ‘‘(a)(6),’’ after ‘‘subsections’’; and 
(B) in subparagraph (C)(ii)(IV), by striking ‘‘(III).]’’ and 
inserting ‘‘(III).’’. 
(13) Section 217(a) is amended by striking ‘‘104(b)(3)’’ and 
inserting ‘‘104(b)(4)’’. 
(14) Section 515 is amended by striking ‘‘this chapter’’ 
each place it appears and inserting ‘‘sections 512 through 518’’. 
(b) TITLE 49.—Section 6302(b)(3)(B)(vi)(III) of title 49, United 
States Code, is amended by striking ‘‘6310’’ and inserting ‘‘6309’’. 
(c) SAFETEA–LU.—Section 4407 of SAFETEA–LU (Public Law 
109–59; 119 Stat. 1777) is amended by striking ‘‘hereby enacted 
into law’’ and inserting ‘‘granted’’. 
(d) MAP–21.—Effective as of July 6, 2012, and as if included 
therein as enacted, MAP–21 (Public Law 112–141) is amended 
as follows: 
(1) Section 1109(a)(2) (126 Stat. 444) is amended by striking 
‘‘fourth’’ and inserting ‘‘fifth’’. 
(2) Section 1203 (126 Stat. 524) is amended— 
(A) in subsection (a) by striking ‘‘Section 150 of title 
23, United States Code, is amended to read as follows’’ 
and inserting ‘‘Title 23, United States Code, is amended 
by inserting after section 149 the following’’; and 
(B) in subsection (b) by striking ‘‘by striking the item 
relating to section 150 and inserting’’ and inserting ‘‘by 
inserting after the item relating to section 149’’. 
(3) Section 1313(a)(1) (126 Stat. 545) is amended to read 
as follows: 
‘‘(1) in the section heading by striking ‘pilot’; and’’. 
(4) Section 1314(b) (126 Stat. 549) is amended— 
(A) by inserting ‘‘chapter 3 of’’ after ‘‘analysis for’’; 
and 
(B) by inserting a period at the end of the matter 
proposed to be inserted. 
(5) Section 1519(c) (126 Stat. 575) is amended— 
(A) by striking paragraph (3); 
(B) by redesignating paragraphs (4) through (12) as 
paragraphs (3) through (11), respectively; 
(C) in paragraph (7), as redesignated by subparagraph 
(B)— 
(i) by striking the period at the end of the matter 
proposed to be struck; and 
(ii) by adding a period at the end; and 
(D) in paragraph (8)(A)(i)(I), as redesignated by 
subparagraph (B), by striking ‘‘than rail’’ in the matter 
proposed to be struck and inserting ‘‘than on rail’’. 
(e) TRANSPORTATION RESEARCH AND INNOVATIVE TECHNOLOGY 
ACT OF 2012.—Section 51001(a)(1) of the Transportation Research 
23 USC 142. 
23 USC 133. 
23 USC 109, 118, 
130, 131, 133, 
142, 145, 218, 
610. 
23 USC 104. 
23 USC 104. 
49 USC 
prec. 101. 
23 USC 327. 
23 USC 
prec. 101. 
23 USC 150. 
23 USC 140. 
23 USC 104 note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
and Innovative Technology Act of 2012 (126 Stat. 864) is amended 
by striking ‘‘sections 503(b), 503(d), and 509’’ and inserting ‘‘section 
503(b)’’. 
TITLE II—INNOVATIVE PROJECT 
FINANCE 
SEC. 
2001. 
TRANSPORTATION 
INFRASTRUCTURE 
FINANCE 
AND 
INNOVATION ACT OF 1998 AMENDMENTS. 
(a) DEFINITIONS.—Section 601(a) of title 23, United States Code, 
is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘In this chapter, the’’ and inserting 
‘‘The’’; and 
(B) by inserting ‘‘to sections 601 through 609’’ after 
‘‘apply’’; 
(2) in paragraph (2)— 
(A) in subparagraph (B) by striking ‘‘and’’ at the end; 
(B) in subparagraph (C) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) capitalizing a rural projects fund.’’; 
(3) in paragraph (3) by striking ‘‘this chapter’’ and inserting 
‘‘the TIFIA program’’; 
(4) in paragraph (10)— 
(A) by striking ‘‘(10) MASTER
CREDIT
AGREEMENT.— 
’’ and all that follows before subparagraph (A) and inserting 
the following: 
‘‘(10) MASTER CREDIT AGREEMENT.—The term ‘master credit 
agreement’ means a conditional agreement to extend credit 
assistance for a program of related projects secured by a 
common security pledge covered under section 602(b)(2)(A) or 
for a single project covered under section 602(b)(2)(B) that 
does not provide for a current obligation of Federal funds, 
and that would—’’; 
(B) in subparagraph (A) by striking ‘‘subject to the 
availability of future funds being made available to carry 
out this chapter;’’ and inserting ‘‘subject to— 
‘‘(i) the availability of future funds being made 
available to carry out the TIFIA program; and 
‘‘(ii) the satisfaction of all of the conditions for 
the provision of credit assistance under the TIFIA pro-
gram, including section 603(b)(1);’’; and 
(C) in subparagraph (D)— 
(i) by redesignating clauses (ii) and (iii) as clauses 
(iii) and (iv), respectively; 
(ii) by inserting after clause (i) the following: 
‘‘(ii) receiving an investment grade rating from 
a rating agency;’’; 
(iii) in clause (iii) (as so redesignated) by striking 
‘‘in section 602(c)’’ and inserting ‘‘under the TIFIA 
program, including sections 602(c) and 603(b)(1)’’; and 
(iv) in clause (iv) (as so redesignated) by striking 
‘‘this chapter’’ and inserting ‘‘the TIFIA program’’; 
(5) in paragraph (12)— 
(A) in subparagraph (C) by striking ‘‘and’’ at the end; 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(B) in subparagraph (D)(iv) by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(E) a project to improve or construct public infrastruc-
ture that is located within walking distance of, and acces-
sible to, a fixed guideway transit facility, passenger rail 
station, intercity bus station, or intermodal facility, 
including a transportation, public utility, or capital project 
described in section 5302(3)(G)(v) of title 49, and related 
infrastructure; and 
‘‘(F) the capitalization of a rural projects fund.’’; 
(6) in paragraph (15) by striking ‘‘means’’ and all that 
follows through the period at the end and inserting ‘‘means 
a surface transportation infrastructure project located in an 
area that is outside of an urbanized area with a population 
greater than 150,000 individuals, as determined by the Bureau 
of the Census.’’; 
(7) by redesignating paragraphs (16), (17), (18), (19), and 
(20) as paragraphs (17), (18), (20), (21), and (22), respectively; 
(8) by inserting after paragraph (15) the following: 
‘‘(16) RURAL PROJECTS FUND.—The term ‘rural projects fund’ 
means a fund— 
‘‘(A) established by a State infrastructure bank in 
accordance with section 610(d)(4); 
‘‘(B) capitalized with the proceeds of a secured loan 
made to the bank in accordance with sections 602 and 
603; and 
‘‘(C) for the purpose of making loans to sponsors of 
rural infrastructure projects in accordance with section 
610.’’; 
(9) by inserting after paragraph (18) (as so redesignated) 
the following: 
‘‘(19) STATE INFRASTRUCTURE BANK.—The term ‘State infra-
structure bank’ means an infrastructure bank established under 
section 610.’’; and 
(10) in paragraph (22) (as so redesignated), by inserting 
‘‘established under sections 602 through 609’’ after ‘‘Depart-
ment’’. 
(b) DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.— 
Section 602 of title 23, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) in the matter preceding subpara-
graph (A), by striking ‘‘this chapter’’ and inserting ‘‘the 
TIFIA program’’; 
(B) in paragraph (2)(A) by striking ‘‘this chapter’’ and 
inserting ‘‘the TIFIA program’’; 
(C) in paragraph (3) by striking ‘‘this chapter’’ and 
inserting ‘‘the TIFIA program’’; 
(D) in paragraph (5)— 
(i) by striking the paragraph heading and inserting 
‘‘ELIGIBLE PROJECT COST PARAMETERS.—’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
striking ‘‘subparagraph (B), to be eligible for assist-
ance under this chapter, a project’’ and inserting 
‘‘subparagraph (B), a project under the TIFIA pro-
gram’’; 
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129 STAT. 1441 
PUBLIC LAW 114–94—DEC. 4, 2015 
(II) by striking clause (i) and inserting the 
following: 
‘‘(i) $50,000,000; and’’; and 
(III) in clause (ii) by striking ‘‘assistance’’; and 
(iii) in subparagraph (B)— 
(I) by striking the subparagraph designation 
and heading and all that follows through ‘‘In the 
case’’ and inserting the following: 
‘‘(B) EXCEPTIONS.— 
‘‘(i) INTELLIGENT
TRANSPORTATION
SYSTEMS.—In 
the case’’; and 
(II) by adding at the end the following: 
‘‘(ii) TRANSIT-ORIENTED DEVELOPMENT PROJECTS.— 
In the case of a project described in section 
601(a)(12)(E), eligible project costs shall be reasonably 
anticipated to equal or exceed $10,000,000. 
‘‘(iii) RURAL PROJECTS.—In the case of a rural infra-
structure project or a project capitalizing a rural 
projects fund, eligible project costs shall be reasonably 
anticipated to equal or exceed $10,000,000, but not 
to exceed $100,000,000. 
‘‘(iv) LOCAL INFRASTRUCTURE PROJECTS.—Eligible 
project costs shall be reasonably anticipated to equal 
or exceed $10,000,000 in the case of a project or pro-
gram of projects— 
‘‘(I) in which the applicant is a local govern-
ment, public authority, or instrumentality of local 
government; 
‘‘(II) located on a facility owned by a local 
government; or 
‘‘(III) for which the Secretary determines that 
a local government is substantially involved in 
the development of the project.’’; 
(E) in paragraph (9), in the matter preceding subpara-
graph (A), by striking ‘‘this chapter’’ and inserting ‘‘the 
TIFIA program’’; and 
(F) in paragraph (10)— 
(i) by striking ‘‘To be eligible’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), to be eligible’’; 
(ii) by striking ‘‘this chapter’’ each place it appears 
and inserting ‘‘the TIFIA program’’; 
(iii) by striking ‘‘not later than’’ and inserting ‘‘no 
later than’’; and 
(iv) by adding at the end the following: 
‘‘(B) RURAL PROJECTS FUND.—In the case of a project 
capitalizing a rural projects fund, the State infrastructure 
bank shall demonstrate, not later than 2 years after the 
date on which a secured loan is obligated for the project 
under the TIFIA program, that the bank has executed 
a loan agreement with a borrower for a rural infrastructure 
project in accordance with section 610. After the demonstra-
tion is made, the bank may draw upon the secured loan. 
At the end of the 2-year period, to the extent the bank 
has not used the loan commitment, the Secretary may 
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129 STAT. 1442 
PUBLIC LAW 114–94—DEC. 4, 2015 
extend the term of the loan or withdraw the loan commit-
ment.’’; 
(2) in subsection (b) by striking paragraph (2) and inserting 
the following: 
‘‘(2) MASTER CREDIT AGREEMENTS.— 
‘‘(A) PROGRAM OF RELATED PROJECTS.—The Secretary 
may enter into a master credit agreement for a program 
of related projects secured by a common security pledge 
on terms acceptable to the Secretary. 
‘‘(B) ADEQUATE FUNDING NOT AVAILABLE.—If the Sec-
retary fully obligates funding to eligible projects for a fiscal 
year and adequate 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 instrument until the fiscal year for 
which additional funds are available to receive credit assist-
ance.’’; 
(3) in subsection (c)(1), in the matter preceding subpara-
graph (A), by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA 
program’’; and 
(4) in subsection (e) by striking ‘‘this chapter’’ and inserting 
‘‘the TIFIA program’’. 
(c) SECURED LOAN TERMS AND LIMITATIONS.—Section 603 of 
title 23, United States Code, is amended— 
(1) in subsection (a) by striking paragraph (2) and inserting 
the following: 
‘‘(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION 
FINANCING.—A loan under paragraph (1) shall not refinance 
interim construction financing under paragraph (1)(B)— 
‘‘(A) if the maturity of such interim construction 
financing is later than 1 year after the substantial comple-
tion of the project; and 
‘‘(B) later than 1 year after the date of substantial 
completion of the project.’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) by striking ‘‘The amount of’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amount of’’; and 
(ii) by adding at the end the following: 
‘‘(B) RURAL PROJECTS FUND.—In the case of a project 
capitalizing a rural projects fund, the maximum amount 
of a secured loan made to a State infrastructure bank 
shall 
be 
determined 
in 
accordance 
with 
section 
602(a)(5)(B)(iii).’’; 
(B) in paragraph (3)(A)(i)— 
(i) in subclause (III) by striking ‘‘or’’ at the end; 
(ii) in subclause (IV) by striking ‘‘and’’ at the end 
and inserting ‘‘or’’; and 
(iii) by adding at the end the following: 
‘‘(V) in the case of a secured loan for a project 
capitalizing a rural projects fund, any other dedi-
cated revenue sources available to a State infra-
structure bank, including repayments from loans 
made by the bank for rural infrastructure projects; 
and’’; 
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129 STAT. 1443 
PUBLIC LAW 114–94—DEC. 4, 2015 
(C) in paragraph (4)(B)— 
(i) in clause (i) by striking ‘‘under this chapter’’ 
and inserting ‘‘or a rural projects fund under the TIFIA 
program’’; and 
(ii) in clause (ii) by inserting ‘‘and rural project 
funds’’ after ‘‘rural infrastructure projects’’; 
(D) in paragraph (5)— 
(i) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively, and indenting 
appropriately; 
(ii) in the matter preceding clause (i) (as so redesig-
nated) by striking ‘‘The final’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the final’’; and 
(iii) by adding at the end the following: 
‘‘(B) RURAL PROJECTS FUND.—In the case of a project 
capitalizing a rural projects fund, the final maturity date 
of the secured loan shall not exceed 35 years after the 
date on which the secured loan is obligated.’’; 
(E) in paragraph (8) by striking ‘‘this chapter’’ and 
inserting ‘‘the TIFIA program’’; and 
(F) in paragraph (9)— 
(i) by striking ‘‘The total Federal assistance pro-
vided on a project receiving a loan under this chapter’’ 
and inserting the following: 
‘‘(A) IN GENERAL.—The total Federal assistance pro-
vided for a project receiving a loan under the TIFIA pro-
gram’’; and 
(ii) by adding at the end the following: 
‘‘(B) RURAL PROJECTS FUND.—A project capitalizing a 
rural projects fund shall satisfy subparagraph (A) through 
compliance with the Federal share requirement described 
in section 610(e)(3)(B).’’; and 
(3) by adding at the end the following: 
‘‘(f) STREAMLINED APPLICATION PROCESS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the FAST Act, the Secretary shall make avail-
able an expedited application process or processes available 
at the request of entities seeking secured loans under the 
TIFIA program that use a set or sets of conventional terms 
established pursuant to this section. 
‘‘(2) TERMS.—In establishing the streamlined application 
process required by this subsection, the Secretary may include 
terms commonly included in prior credit agreements and allow 
for an expedited application period, including— 
‘‘(A) the secured loan is in an amount of not greater 
than $100,000,000; 
‘‘(B) the secured loan is secured and payable from 
pledged revenues not affected by project performance, such 
as a tax-backed revenue pledge, tax increment financing, 
or a system-backed pledge of project revenues; and 
‘‘(C) repayment of the loan commences not later than 
5 years after disbursement.’’. 
(d) PROGRAM ADMINISTRATION.—Section 605 of title 23, United 
States Code, is amended— 
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129 STAT. 1444 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) by striking ‘‘this chapter’’ each place it appears and 
inserting ‘‘the TIFIA program’’; and 
(2) by adding at the end the following: 
‘‘(f) ASSISTANCE TO SMALL PROJECTS.— 
‘‘(1) RESERVATION OF FUNDS.—Of the funds made available 
to carry out the TIFIA program for each fiscal year, and after 
the set aside under section 608(a)(5), not less than $2,000,000 
shall be made available for the Secretary to use in lieu of 
fees collected under subsection (b) for projects under the TIFIA 
program having eligible project costs that are reasonably antici-
pated not to equal or exceed $75,000,000. 
‘‘(2) RELEASE OF FUNDS.—Any funds not used under para-
graph (1) in a fiscal year shall be made available on October 
1 of the following fiscal year to provide credit assistance to 
any project under the TIFIA program.’’. 
(e) STATE AND LOCAL PERMITS.—Section 606 of title 23, United 
States Code, is amended in the matter preceding paragraph (1) 
by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA program’’. 
(f) REGULATIONS.—Section 607 of title 23, United States Code, 
is amended by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA 
program’’. 
(g) FUNDING.—Section 608 of title 23, United States Code, 
is amended— 
(1) by striking ‘‘this chapter’’ each place it appears and 
inserting ‘‘the TIFIA program’’; and 
(2) in subsection (a)— 
(A) in paragraph (2) by inserting ‘‘of’’ after ‘‘504(f)’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A), by inserting ‘‘or rural 
projects funds’’ after ‘‘rural infrastructure projects’’; 
and 
(ii) in subparagraph (B), by inserting ‘‘or rural 
projects funds’’ after ‘‘rural infrastructure projects’’; 
(C) by striking paragraphs (4) and (6) and redesig-
nating paragraph (5) as paragraph (4); and 
(D) by inserting at the end the following: 
‘‘(5) ADMINISTRATIVE COSTS.—Of the amounts made avail-
able to carry out the TIFIA program, the Secretary may use 
not more than $6,875,000 for fiscal year 2016, $7,081,000 for 
fiscal year 2017, $7,559,000 for fiscal year 2018, $8,195,000 
for fiscal year 2019, and $8,441,000 for fiscal year 2020 for 
the administration of the TIFIA program.’’. 
(h) REPORTS TO CONGRESS.—Section 609 of title 23, United 
States Code, is amended by striking ‘‘this chapter (other than 
section 610)’’ each place it appears and inserting ‘‘the TIFIA pro-
gram’’. 
(i) STATE INFRASTRUCTURE BANK PROGRAM.—Section 610 of 
title 23, United States Code, is amended— 
(1) in subsection (a) by adding at the end the following: 
‘‘(11) RURAL INFRASTRUCTURE PROJECT.—The term ‘rural 
infrastructure project’ has the meaning given the term in sec-
tion 601. 
‘‘(12) RURAL PROJECTS FUND.—The term ‘rural projects fund’ 
has the meaning given the term in section 601.’’; 
(2) in subsection (d)— 
(A) in paragraph (1)(A) by striking ‘‘each of fiscal years’’ 
and all that follows through the end of subparagraph (A) 
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PUBLIC LAW 114–94—DEC. 4, 2015 
and inserting ‘‘each of fiscal years 2016 through 2020 under 
each of paragraphs (1), (2), and (5) of section 104(b); and’’; 
(B) in paragraph (2) by striking ‘‘fiscal years 2005 
through 2009’’ and inserting ‘‘fiscal years 2016 through 
2020’’; 
(C) in paragraph (3) by striking ‘‘fiscal years 2005 
through 2009’’ and inserting ‘‘fiscal years 2016 through 
2020’’; 
(D) by redesignating paragraphs (4) through (6) as 
paragraphs (5) through (7), respectively; 
(E) by inserting after paragraph (3) the following: 
‘‘(4) RURAL PROJECTS FUND.—Subject to subsection (j), the 
Secretary may permit a State entering into a cooperative agree-
ment under this section to establish a State infrastructure 
bank to deposit into the rural projects fund of the bank the 
proceeds of a secured loan made to the bank in accordance 
with sections 602 and 603.’’; and 
(F) in paragraph (6) (as so redesignated) by striking 
‘‘section 133(d)(3)’’ and inserting ‘‘section 133(d)(1)(A)(i)’’; 
(3) by striking subsection (e) and inserting the following: 
‘‘(e) FORMS
OF
ASSISTANCE
FROM
STATE
INFRASTRUCTURE 
BANKS.— 
‘‘(1) IN GENERAL.—A State infrastructure bank established 
under this section may— 
‘‘(A) with funds deposited into the highway account, 
transit account, or rail account of the bank, make loans 
or provide other forms of credit assistance to a public 
or private entity to carry out a project eligible for assistance 
under this section; and 
‘‘(B) with funds deposited into the rural projects fund, 
make loans to a public or private entity to carry out a 
rural infrastructure project. 
‘‘(2) SUBORDINATION OF LOAN.—The amount of a loan or 
other form of credit assistance provided for a project described 
in paragraph (1) may be subordinated to any other debt 
financing for the project. 
‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A State infrastruc-
ture bank established under this section may— 
‘‘(A) with funds deposited into the highway account, 
transit account, or rail account of the bank, make loans 
or provide other forms of credit assistance to a public 
or private entity in an amount up to 100 percent of the 
cost of carrying out a project eligible for assistance under 
this section; and 
‘‘(B) with funds deposited into the rural projects fund, 
make loans to a public or private entity in an amount 
not to exceed 80 percent of the cost of carrying out a 
rural infrastructure project. 
‘‘(4) INITIAL ASSISTANCE.—Initial assistance provided with 
respect to a project from Federal funds deposited into a State 
infrastructure bank under this section may not be made in 
the form of a grant.’’; 
(4) in subsection (g)— 
(A) in paragraph (1) by striking ‘‘each account’’ and 
inserting ‘‘the highway account, the transit account, and 
the rail account’’; and 
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129 STAT. 1446 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) in paragraph (4) by inserting ‘‘, except that any 
loan funded from the rural projects fund of the bank shall 
bear interest at or below the interest rate charged for 
the TIFIA loan provided to the bank under section 603’’ 
after ‘‘feasible’’; and 
(5) in subsection (k) by striking ‘‘fiscal years 2005 through 
2009’’ and inserting ‘‘fiscal years 2016 through 2020’’. 
SEC. 2002. AVAILABILITY PAYMENT CONCESSION MODEL. 
(a) PAYMENT TO STATES FOR CONSTRUCTION.—Section 121(a) 
of title 23, United States Code, is amended by inserting ‘‘(including 
payments made pursuant to a long-term concession agreement, 
such as availability payments)’’ after ‘‘a project’’. 
(b) PROJECT APPROVAL AND OVERSIGHT.—Section 106(b)(1) of 
title 23, United States Code, is amended by inserting ‘‘(including 
payments made pursuant to a long-term concession agreement, 
such as availability payments)’’ after ‘‘construction of the project’’. 
TITLE III—PUBLIC TRANSPORTATION 
SEC. 3001. SHORT TITLE. 
This title may be cited as the ‘‘Federal Public Transportation 
Act of 2015’’. 
SEC. 3002. DEFINITIONS. 
Section 5302 of title 49, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C) by inserting ‘‘functional’’ before 
‘‘landscaping and’’; and 
(B) in subparagraph (E) by striking ‘‘bicycle storage 
facilities and installing equipment’’ and inserting ‘‘bicycle 
storage shelters and parking facilities and the installation 
of equipment’’; 
(2) in paragraph (3)— 
(A) by striking subparagraph (F) and inserting the 
following: 
‘‘(F) leasing equipment or a facility for use in public 
transportation;’’; 
(B) in subparagraph (G)— 
(i) in clause (iv) by adding ‘‘and’’ at the end; 
(ii) in clause (v) by striking ‘‘and’’ at the end; 
and 
(iii) by striking clause (vi); 
(C) by striking subparagraph (I) and inserting the fol-
lowing: 
‘‘(I) the provision of nonfixed route paratransit 
transportation services in accordance with section 223 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 
12143), but only for grant recipients that are in compliance 
with applicable requirements of that Act, including both 
fixed route and demand responsive service, and only for 
amounts— 
‘‘(i) not to exceed 10 percent of such recipient’s 
annual formula apportionment under sections 5307 and 
5311; or 
‘‘(ii) not to exceed 20 percent of such recipient’s 
annual formula apportionment under sections 5307 and 
49 USC 5101 
note. 
Federal Public 
Transportation 
Act of 2015. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
5311, if, consistent with guidance issued by the Sec-
retary, the recipient demonstrates that the recipient 
meets at least 2 of the following requirements: 
‘‘(I) Provides an active fixed route travel 
training program that is available for riders with 
disabilities. 
‘‘(II) Provides that all fixed route and para-
transit operators participate in a passenger safety, 
disability awareness, and sensitivity training class 
on at least a biennial basis. 
‘‘(III) Has memoranda of understanding in 
place with employers and the American Job Center 
to increase access to employment opportunities for 
people with disabilities.’’; 
(D) in subparagraph (K) by striking ‘‘or’’ at the end; 
(E) in subparagraph (L) by striking the period at the 
end and inserting a semicolon; and 
(F) by adding at the end the following: 
‘‘(M) associated transit improvements; or 
‘‘(N) technological changes or innovations to modify 
low or no emission vehicles (as defined in section 5339(c)) 
or facilities.’’; and 
(3) by adding at the end the following: 
‘‘(24) VALUE
CAPTURE.—The term ‘value capture’ means 
recovering the increased property value to property located 
near public transportation resulting from investments in public 
transportation.’’. 
SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLAN-
NING. 
(a) IN GENERAL.—Section 5303 of title 49, United States Code, 
is amended— 
(1) in subsection (a)(1) by inserting ‘‘resilient’’ after 
‘‘development of’’; 
(2) in subsection (c)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting ‘‘, bicycle transportation facilities, 
and intermodal facilities that support intercity transportation, 
including intercity buses and intercity bus facilities and com-
muter vanpool providers’’; 
(3) in subsection (d)— 
(A) by redesignating paragraphs (3) through (6) as 
paragraphs (4) through (7), respectively; 
(B) by inserting after paragraph (2) the following: 
‘‘(3) REPRESENTATION.— 
‘‘(A) IN GENERAL.—Designation or selection of officials 
or representatives under paragraph (2) shall be determined 
by the metropolitan planning organization according to the 
bylaws or enabling statute of the organization. 
‘‘(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Sub-
ject to the bylaws or enabling statute of the metropolitan 
planning organization, a representative of a provider of 
public transportation may also serve as a representative 
of a local municipality. 
‘‘(C) POWERS
OF
CERTAIN
OFFICIALS.—An official 
described in paragraph (2)(B) shall have responsibilities, 
actions, duties, voting rights, and any other authority 
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129 STAT. 1448 
PUBLIC LAW 114–94—DEC. 4, 2015 
commensurate with other officials described in paragraph 
(2).’’; and 
(C) in paragraph (5), as so redesignated, by striking 
‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’; 
(4) in subsection (e)(4)(B) by striking ‘‘subsection (d)(5)’’ 
and inserting ‘‘subsection (d)(6)’’; 
(5) in subsection (g)(3)(A) by inserting ‘‘tourism, natural 
disaster risk reduction,’’ after ‘‘economic development,’’; 
(6) in subsection (h)(1)— 
(A) in subparagraph (G) by striking ‘‘and’’ at the end; 
(B) in subparagraph (H) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(I) improve the resiliency and reliability of the 
transportation system.’’; 
(7) in subsection (i)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)(i) by striking ‘‘transit’’ and 
inserting ‘‘public transportation facilities, intercity bus 
facilities’’; 
(ii) in subparagraph (G)— 
(I) by striking ‘‘and provide’’ and inserting ‘‘, 
provide’’; and 
(II) by inserting before the period at the end 
the following: ‘‘, and reduce the vulnerability of 
the existing transportation infrastructure to nat-
ural disasters’’; and 
(iii) in subparagraph (H) by inserting before the 
period at the end the following: ‘‘, including consider-
ation of the role that intercity buses may play in 
reducing congestion, pollution, and energy consumption 
in a cost-effective manner and strategies and invest-
ments that preserve and enhance intercity bus sys-
tems, including systems that are privately owned and 
operated’’; 
(B) in paragraph (6)(A)— 
(i) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers,’’; and 
(ii) by inserting ‘‘(including intercity bus operators, 
employer-based commuting programs, such as a carpool 
program, vanpool program, transit benefit program, 
parking 
cash-out 
program, 
shuttle 
program, 
or 
telework program)’’ after ‘‘private providers of transpor-
tation’’; and 
(C) in paragraph (8) by striking ‘‘paragraph (2)(C)’’ 
each place it appears and inserting ‘‘paragraph (2)(E)’’; 
(8) in subsection (k)(3)— 
(A) in subparagraph (A) by inserting ‘‘(including inter-
city bus operators, employer-based commuting programs, 
such as a carpool program, vanpool program, transit benefit 
program, parking cash-out program, shuttle program, or 
telework program), job access projects,’’ after ‘‘reduction’’; 
and 
(B) by adding at the end the following: 
‘‘(C) CONGESTION MANAGEMENT PLAN.—A metropolitan 
planning organization serving a transportation manage-
ment area may develop a plan that includes projects and 
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PUBLIC LAW 114–94—DEC. 4, 2015 
strategies that will be considered in the TIP of such metro-
politan planning organization. Such plan shall— 
‘‘(i) develop regional goals to reduce vehicle miles 
traveled during peak commuting hours and improve 
transportation connections between areas with high 
job concentration and areas with high concentrations 
of low-income households; 
‘‘(ii) identify existing public transportation serv-
ices, employer-based commuter programs, and other 
existing transportation services that support access to 
jobs in the region; and 
‘‘(iii) identify proposed projects and programs to 
reduce congestion and increase job access opportuni-
ties. 
‘‘(D) PARTICIPATION.—In developing the plan under 
subparagraph (C), a metropolitan planning organization 
shall consult with employers, private and non-profit pro-
viders of public transportation, transportation management 
organizations, and organizations that provide job access 
reverse commute projects or job-related services to low- 
income individuals.’’; 
(9) in subsection (l)— 
(A) by adding a period at the end of paragraph (1); 
and 
(B) in paragraph (2)(D) by striking ‘‘of less than 
200,000’’ and inserting ‘‘with a population of 200,000 or 
less’’; 
(10) in subsection (p) by striking ‘‘Funds set aside under 
section 104(f)’’ and inserting ‘‘Funds apportioned under section 
104(b)(5)’’; and 
(11) by adding at the end the following: 
‘‘(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.— 
‘‘(1) DEFINITION
OF
BI-STATE
MPO
REGION.—In this sub-
section, the term ‘Bi-State Metropolitan Planning Organization’ 
has the meaning given the term ‘region’ in subsection (a) of 
Article II of the Lake Tahoe Regional Planning Compact (Public 
Law 96–551; 94 Stat. 3234). 
‘‘(2) TREATMENT.—For the purpose of this title, the Bi- 
State Metropolitan Planning Organization shall be treated as— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a transportation management area under sub-
section (k); and 
‘‘(C) an urbanized area, which is comprised of a popu-
lation of 145,000 in the State of California and a population 
of 65,000 in the State of Nevada.’’. 
(b) STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLAN-
NING.—Section 5304 of title 49, United States Code, is amended— 
(1) in subsection (a)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting ‘‘, bicycle transportation facilities, 
and intermodal facilities that support intercity transportation, 
including intercity buses and intercity bus facilities and com-
muter vanpool providers’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (G) by striking ‘‘and’’ at the 
end; 
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129 STAT. 1450 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) in subparagraph (H) by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(I) improve the resiliency and reliability of the 
transportation system.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (B)(ii) by striking ‘‘urbanized’’; 
and 
(ii) in subparagraph (C) by striking ‘‘urbanized’’; 
and 
(3) in subsection (f)(3)(A)(ii)— 
(A) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers,’’; and 
(B) by inserting ‘‘(including intercity bus operators, 
employer-based commuting programs, such as a carpool 
program, vanpool program, transit benefit program, 
parking cash-out program, shuttle program, or telework 
program)’’ after ‘‘private providers of transportation’’. 
SEC. 3004. URBANIZED AREA FORMULA GRANTS. 
Section 5307 of title 49, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2) by inserting ‘‘or demand response 
service, 
excluding 
ADA 
complementary 
paratransit 
service,’’ before ‘‘during’’ each place it appears; and 
(B) by adding at the end the following: 
‘‘(3) EXCEPTION TO THE SPECIAL RULE.—Notwithstanding 
paragraph (2), if a public transportation system described in 
such paragraph executes a written agreement with 1 or more 
other public transportation systems within the urbanized area 
to allocate funds for the purposes described in the paragraph 
by a method other than by measuring vehicle revenue hours, 
each public transportation system that is a party to the written 
agreement may follow the terms of the written agreement with-
out regard to measured vehicle revenue hours referred to in 
the paragraph.’’; and 
(2) in subsection (c)(1)— 
(A) in subparagraph (C), by inserting ‘‘in accordance 
with the recipient’s transit asset management plan’’ after 
‘‘equipment and facilities’’; and 
(B) in subparagraph (K), by striking ‘‘Census—’’ and 
all that follows through clause (ii) and inserting the fol-
lowing: ‘‘Census, will submit an annual report listing 
projects carried out in the preceding fiscal year under this 
section for associated transit improvements as defined in 
section 5302; and’’. 
SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS. 
(a) IN GENERAL.—Section 5309 of title 49, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘and weekend days’’; 
(B) in paragraph (6)— 
(i) in subparagraph (A) by inserting ‘‘, small start 
projects,’’ after ‘‘new fixed guideway capital projects’’; 
and 
(ii) by striking subparagraph (B) and inserting 
the following: 
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129 STAT. 1451 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) 2 or more projects that are any combination of 
new fixed guideway capital projects, small start projects, 
and core capacity improvement projects.’’; and 
(C) in paragraph (7)— 
(i) in subparagraph (A), by striking ‘‘$75,000,000’’ 
and inserting ‘‘$100,000,000’’; and 
(ii) in subparagraph (B), by striking ‘‘$250,000,000’’ 
and inserting ‘‘$300,000,000’’; 
(2) in subsection (d)— 
(A) in paragraph (1)(B) by striking ‘‘, policies and land 
use patterns that promote public transportation,’’; and 
(B) in paragraph (2)(A)— 
(i) in clause (iii) by adding ‘‘and’’ after the semi-
colon; 
(ii) by striking clause (iv); and 
(iii) by redesignating clause (v) as clause (iv); 
(3) in subsection (g)(2)(A)(i) by striking ‘‘the policies and 
land use patterns that support public transportation,’’; 
(4) in subsection (h)(6)— 
(A) by striking ‘‘In carrying out’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—In carrying out’’; and 
(B) by adding at the end the following: 
‘‘(B) OPTIONAL EARLY RATING.—At the request of the 
project sponsor, the Secretary shall evaluate and rate the 
project in accordance with paragraphs (4) and (5) and 
subparagraph (A) of this paragraph upon completion of 
the analysis required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’; 
(5) in subsection (i)— 
(A) in paragraph (1) by striking ‘‘subsection (d) or 
(e)’’ and inserting ‘‘subsection (d), (e), or (h)’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A) by 
inserting ‘‘new fixed guideway capital project or core 
capacity improvement’’ after ‘‘federally funded’’; 
(ii) by striking subparagraph (D) and inserting 
the following: 
‘‘(D) the program of interrelated projects, when evalu-
ated as a whole— 
‘‘(i) meets the requirements of subsection (d)(2), 
subsection (e)(2), or paragraphs (3) and (4) of sub-
section (h), as applicable, if the program is comprised 
entirely of— 
‘‘(I) new fixed guideway capital projects; 
‘‘(II) core capacity improvement projects; or 
‘‘(III) small start projects; or 
‘‘(ii) meets the requirements of subsection (d)(2) 
if the program is comprised of any combination of 
new fixed guideway capital projects, small start 
projects, and core capacity improvement projects;’’; and 
(iii) in subparagraph (F), by inserting ‘‘or sub-
section (h)(5), as applicable’’ after ‘‘subsection (f)’’; and 
(C) by striking paragraph (3)(A) and inserting the fol-
lowing: 
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129 STAT. 1452 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) PROJECT
ADVANCEMENT.—A project receiving a 
grant under this section that is part of a program of inter-
related projects may not advance— 
‘‘(i) in the case of a small start project, from the 
project development phase to the construction phase 
unless the Secretary determines that the program of 
interrelated projects meets the applicable requirements 
of this section and there is a reasonable likelihood 
that the program will continue to meet such require-
ments; or 
‘‘(ii) in the case of a new fixed guideway capital 
project or a core capacity improvement project, from 
the project development phase to the engineering 
phase, or from the engineering phase to the construc-
tion phase, unless the Secretary determines that the 
program of interrelated projects meets the applicable 
requirements of this section and there is a reasonable 
likelihood that the program will continue to meet such 
requirements.’’; 
(6) in subsection (l)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.— 
‘‘(A) ESTIMATION OF NET CAPITAL PROJECT COST.—Based 
on engineering studies, studies of economic feasibility, and 
information on the expected use of equipment or facilities, 
the Secretary shall estimate the net capital project cost. 
‘‘(B) GRANTS.— 
‘‘(i) GRANT
FOR
NEW
FIXED
GUIDEWAY
CAPITAL 
PROJECT.—A grant for a new fixed guideway capital 
project shall not exceed 80 percent of the net capital 
project cost. 
‘‘(ii) FULL FUNDING GRANT AGREEMENT FOR NEW 
FIXED
GUIDEWAY
CAPITAL
PROJECT.—A full funding 
grant agreement for a new fixed guideway capital 
project shall not include a share of more than 60 per-
cent from the funds made available under this section. 
‘‘(iii) GRANT
FOR
CORE
CAPACITY
IMPROVEMENT 
PROJECT.—A grant for a core capacity improvement 
project shall not exceed 80 percent of the net capital 
project cost of the incremental cost to increase the 
capacity in the corridor. 
‘‘(iv) GRANT FOR SMALL START PROJECT.—A grant 
for a small start project shall not exceed 80 percent 
of the net capital project costs.’’; and 
(B) by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4) REMAINING COSTS.—The remainder of the net capital 
project costs shall be provided— 
‘‘(A) in cash from non-Government sources; 
‘‘(B) from revenues from the sale of advertising and 
concessions; or 
‘‘(C) from an undistributed cash surplus, a replacement 
or depreciation cash fund or reserve, or new capital.’’; 
(7) by striking subsection (n) and inserting the following: 
‘‘(n) AVAILABILITY OF AMOUNTS.— 
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129 STAT. 1453 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) IN GENERAL.—An amount made available or appro-
priated for a new fixed guideway capital project or core capacity 
improvement project shall remain available to that project for 
4 fiscal years, including the fiscal year in which the amount 
is made available or appropriated. Any amounts that are unobli-
gated to the project at the end of the 4-fiscal-year period may 
be used by the Secretary for any purpose under this section. 
‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An amount available 
under this section that is deobligated may be used for any 
purpose under this section.’’; and 
(8) by adding at the end the following: 
‘‘(p) SPECIAL RULE.—For the purposes of calculating the cost 
effectiveness of a project described in subsection (d) or (e), the 
Secretary shall not reduce or eliminate the capital costs of art 
and non-functional landscaping elements from the annualized cap-
ital cost calculation. 
‘‘(q) JOINT PUBLIC TRANSPORTATION AND INTERCITY PASSENGER 
RAIL PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may make grants for new 
fixed guideway capital projects and core capacity improvement 
projects that provide both public transportation and intercity 
passenger rail service. 
‘‘(2) ELIGIBLE COSTS.—Eligible costs for a project under 
this subsection shall be limited to the net capital costs of 
the public transportation costs attributable to the project based 
on projected use of the new segment or expanded capacity 
of the project corridor, not including project elements designed 
to achieve or maintain a state of good repair, as determined 
by the Secretary under paragraph (4). 
‘‘(3) PROJECT JUSTIFICATION AND LOCAL FINANCIAL COMMIT-
MENT.—A project under this subsection shall be evaluated for 
project justification and local financial commitment under sub-
sections (d), (e), (f), and (h), as applicable to the project, based 
on— 
‘‘(A) the net capital costs of the public transportation 
costs attributable to the project as determined under para-
graph (4); and 
‘‘(B) the share of funds dedicated to the project from 
sources other than this section included in the unified 
finance plan for the project. 
‘‘(4) CALCULATION OF NET CAPITAL PROJECT COST.—The Sec-
retary shall estimate the net capital costs of a project under 
this subsection based on— 
‘‘(A) engineering studies; 
‘‘(B) studies of economic feasibility; 
‘‘(C) the expected use of equipment or facilities; and 
‘‘(D) the public transportation costs attributable to the 
project. 
‘‘(5) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.— 
‘‘(A) GOVERNMENT
SHARE.—The Government share 
shall not exceed 80 percent of the net capital cost attrib-
utable to the public transportation costs of a project under 
this subsection as determined under paragraph (4). 
‘‘(B) NON-GOVERNMENT SHARE.—The remainder of the 
net capital cost attributable to the public transportation 
costs of a project under this subsection shall be provided 
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129 STAT. 1454 
PUBLIC LAW 114–94—DEC. 4, 2015 
from an undistributed cash surplus, a replacement or 
depreciation cash fund or reserve, or new capital.’’. 
(b) EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT 
GRANTS PILOT PROGRAM.— 
(1) DEFINITIONS.—In this subsection, the following defini-
tions shall apply: 
(A) APPLICANT.—The term ‘‘applicant’’ means a State 
or local governmental authority that applies for a grant 
under this subsection. 
(B) CAPITAL PROJECT; FIXED GUIDEWAY; LOCAL GOVERN-
MENTAL AUTHORITY; PUBLIC TRANSPORTATION; STATE; STATE 
OF GOOD REPAIR.—The terms ‘‘capital project’’, ‘‘fixed guide-
way’’, ‘‘local governmental authority’’, ‘‘public transpor-
tation’’, ‘‘State’’, and ‘‘state of good repair’’ have the 
meanings given those terms in section 5302 of title 49, 
United States Code. 
(C) CORE CAPACITY IMPROVEMENT PROJECT.—The term 
‘‘core capacity improvement project’’— 
(i) means a substantial corridor-based capital 
investment in an existing fixed guideway system that 
increases the capacity of a corridor by not less than 
10 percent; and 
(ii) may include project elements designed to aid 
the existing fixed guideway system in making substan-
tial progress towards achieving a state of good repair. 
(D) CORRIDOR-BASED
BUS
RAPID
TRANSIT
PROJECT.— 
The term ‘‘corridor-based bus rapid transit project’’ means 
a small start project utilizing buses in which the project 
represents a substantial investment in a defined corridor 
as demonstrated by features that emulate the services pro-
vided by rail fixed guideway public transportation sys-
tems— 
(i) including— 
(I) defined stations; 
(II) traffic signal priority for public transpor-
tation vehicles; 
(III) short headway bidirectional services for 
a substantial part of weekdays; and 
(IV) any other features the Secretary may 
determine support a long-term corridor invest-
ment; and 
(ii) the majority of which does not operate in a 
separated right-of-way dedicated for public transpor-
tation use during peak periods. 
(E) ELIGIBLE
PROJECT.—The term ‘‘eligible project’’ 
means a new fixed guideway capital project, a small start 
project, or a core capacity improvement project that has 
not entered into a full funding grant agreement with the 
Federal Transit Administration before the date of enact-
ment of this Act. 
(F) FIXED
GUIDEWAY
BUS
RAPID
TRANSIT
PROJECT.— 
The term ‘‘fixed guideway bus rapid transit project’’ means 
a bus capital project— 
(i) in which the majority of the project operates 
in a separated right-of-way dedicated for public 
transportation use during peak periods; 
49 USC 5309 
note. 
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129 STAT. 1455 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) that represents a substantial investment in 
a single route in a defined corridor or subarea; and 
(iii) that includes features that emulate the serv-
ices provided by rail fixed guideway public transpor-
tation systems, including— 
(I) defined stations; 
(II) traffic signal priority for public transpor-
tation vehicles; 
(III) short headway bidirectional services for 
a substantial part of weekdays and weekend days; 
and 
(IV) any other features the Secretary may 
determine are necessary to produce high-quality 
public transportation services that emulate the 
services provided by rail fixed guideway public 
transportation systems. 
(G) NEW FIXED GUIDEWAY CAPITAL PROJECT.—The term 
‘‘new fixed guideway capital project’’ means— 
(i) a fixed guideway capital project that is a min-
imum operable segment or extension to an existing 
fixed guideway system; or 
(ii) a fixed guideway bus rapid transit project that 
is a minimum operable segment or an extension to 
an existing bus rapid transit system. 
(H) 
RECIPIENT.—The 
term 
‘‘recipient’’ 
means 
a 
recipient of funding under chapter 53 of title 49, United 
States Code. 
(I) SMALL
START
PROJECT.—The term ‘‘small start 
project’’ means a new fixed guideway capital project, a 
fixed guideway bus rapid transit project, or a corridor- 
based bus rapid transit project for which— 
(i) the Federal assistance provided or to be pro-
vided under this subsection is less than $75,000,000; 
and 
(ii) the total estimated net capital cost is less than 
$300,000,000. 
(2) GENERAL AUTHORITY.—The Secretary may make grants 
under this subsection to States and local governmental authori-
ties to assist in financing— 
(A) new fixed guideway capital projects or small start 
projects, including the acquisition of real property, the 
initial acquisition of rolling stock for the system, the 
acquisition of rights-of-way, and relocation, for projects in 
the advanced stages of planning and design; and 
(B) core capacity improvement projects, including the 
acquisition of real property, the acquisition of rights-of- 
way, double tracking, signalization improvements, elec-
trification, expanding system platforms, acquisition of 
rolling stock associated with corridor improvements 
increasing capacity, construction of infill stations, and such 
other capacity improvement projects as the Secretary deter-
mines are appropriate to increase the capacity of an 
existing fixed guideway system corridor by not less than 
10 percent. Core capacity improvement projects do not 
include elements to improve general station facilities or 
parking, or acquisition of rolling stock alone. 
(3) GRANT REQUIREMENTS.— 
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129 STAT. 1456 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) IN GENERAL.—The Secretary may make not more 
than 8 grants under this subsection for eligible projects 
if the Secretary determines that— 
(i) the eligible project is part of an approved 
transportation plan required under sections 5303 and 
5304 of title 49, United States Code; 
(ii) the applicant has, or will have— 
(I) the legal, financial, and technical capacity 
to carry out the eligible project, including the 
safety and security aspects of the eligible project; 
(II) satisfactory continuing control over the use 
of the equipment or facilities; 
(III) the technical and financial capacity to 
maintain new and existing equipment and facili-
ties; and 
(IV) advisors providing guidance to the 
applicant on the terms and structure of the project 
that are independent from investors in the project; 
(iii) the eligible project is supported, or will be 
supported, in part, through a public-private partner-
ship, provided such support is determined by local 
policies, criteria, and decisionmaking under section 
5306(a) of title 49, United States Code; 
(iv) the eligible project is justified based on findings 
presented by the project sponsor to the Secretary, 
including— 
(I) mobility improvements attributable to the 
project; 
(II) environmental benefits associated with the 
project; 
(III) congestion relief associated with the 
project; 
(IV) economic development effects derived as 
a result of the project; and 
(V) estimated ridership projections; 
(v) the eligible project is supported by an accept-
able degree of local financial commitment (including 
evidence of stable and dependable financing sources); 
and 
(vi) the eligible project will be operated and main-
tained by employees of an existing provider of fixed 
guideway or bus rapid transit public transportation 
in the service area of the project, or if none exists, 
by employees of an existing public transportation pro-
vider in the service area. 
(B) CERTIFICATION.—An applicant that has submitted 
the certifications required under subparagraphs (A), (B), 
(C), and (H) of section 5307(c)(1) of title 49, United States 
Code, shall be deemed to have provided sufficient informa-
tion upon which the Secretary may make the determina-
tions required under this paragraph. 
(C) TECHNICAL CAPACITY.—The Secretary shall use an 
expedited technical capacity review process for applicants 
that have recently and successfully completed not less than 
1 new fixed guideway capital project, small start project, 
or core capacity improvement project, if— 
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129 STAT. 1457 
PUBLIC LAW 114–94—DEC. 4, 2015 
(i) the applicant achieved budget, cost, and rider-
ship outcomes for the project that are consistent with 
or better than projections; and 
(ii) the applicant demonstrates that the applicant 
continues to have the staff expertise and other 
resources necessary to implement a new project. 
(D) FINANCIAL COMMITMENT.— 
(i) REQUIREMENTS.—In determining whether an 
eligible project is supported by an acceptable degree 
of local financial commitment and shows evidence of 
stable and dependable financing sources for purposes 
of subparagraph (A)(v), the Secretary shall require 
that— 
(I) each proposed source of capital and oper-
ating financing is stable, reliable, and available 
within the proposed eligible project timetable; and 
(II) resources are available to recapitalize, 
maintain, and operate the overall existing and pro-
posed public transportation system, including 
essential feeder bus and other services necessary, 
without degradation to the existing level of public 
transportation services. 
(ii) CONSIDERATIONS.—In assessing the stability, 
reliability, and availability of proposed sources of 
financing under clause (i), the Secretary shall con-
sider— 
(I) the reliability of the forecasting methods 
used to estimate costs and revenues made by the 
applicant and the contractors to the applicant; 
(II) existing grant commitments; 
(III) the degree to which financing sources 
are dedicated to the proposed eligible project; 
(IV) any debt obligation that exists or is pro-
posed by the applicant, for the proposed eligible 
project or other public transportation purpose; and 
(V) private contributions to the eligible project, 
including cost-effective project delivery, manage-
ment or transfer of project risks, expedited project 
schedule, financial partnering, and other public- 
private partnership strategies. 
(E) LABOR STANDARDS.—The requirements under sec-
tion 5333 of title 49, United States Code, shall apply to 
each recipient of a grant under this subsection. 
(4) PROJECT ADVANCEMENT.—An applicant that desires a 
grant under this subsection and meets the requirements of 
paragraph (3) shall submit to the Secretary, and the Secretary 
shall approve for advancement, a grant request that contains— 
(A) identification of an eligible project; 
(B) a schedule and finance plan for the construction 
and operation of the eligible project; 
(C) an analysis of the efficiencies of the proposed 
eligible project development and delivery methods and 
innovative financing arrangement for the eligible project, 
including any documents related to the— 
(i) public-private partnership required under para-
graph (3)(A)(iii); and 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) project justification required under paragraph 
(3)(A)(iv); and 
(D) a certification that the existing public transpor-
tation system of the applicant or, in the event that the 
applicant does not operate a public transportation system, 
the public transportation system to which the proposed 
project will be attached, is in a state of good repair. 
(5) WRITTEN NOTICE FROM THE SECRETARY.— 
(A) IN GENERAL.—Not later than 120 days after the 
date on which the Secretary receives a grant request of 
an applicant under paragraph (4), the Secretary shall pro-
vide written notice to the applicant— 
(i) of approval of the grant request; or 
(ii) if the grant request does not meet the require-
ments under paragraph (4), of disapproval of the grant 
request, including a detailed explanation of the reasons 
for the disapproval. 
(B) CONCURRENT NOTICE.—The Secretary shall provide 
concurrent notice of an approval or disapproval of a grant 
request under subparagraph (A) to the Committee on 
Banking, Housing, and Urban Affairs of the Senate and 
the Committee on Transportation and Infrastructure of 
the House of Representatives. 
(6) WAIVER.—The Secretary may grant a waiver to an 
applicant that does not comply with paragraph (4)(D) if— 
(A) the eligible project meets the definition of a core 
capacity improvement project; and 
(B) the Secretary certifies that the eligible project will 
allow the applicant to make substantial progress in 
achieving a state of good repair. 
(7) SELECTION CRITERIA.—The Secretary may enter into 
a full funding grant agreement with an applicant under this 
subsection for an eligible project for which an application has 
been submitted and approved for advancement by the Secretary 
under paragraph (4), only if the applicant has completed the 
planning and activities required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(8) LETTERS OF INTENT AND FULL FUNDING GRANT AGREE-
MENTS.— 
(A) LETTERS OF INTENT.— 
(i) AMOUNTS
INTENDED
TO
BE
OBLIGATED.—The 
Secretary may issue a letter of intent to an applicant 
announcing an intention to obligate, for an eligible 
project under this subsection, an amount from future 
available budget authority specified in law that is not 
more than the amount stipulated as the financial 
participation of the Secretary in the eligible project. 
When a letter is issued for an eligible project under 
this subsection, the amount shall be sufficient to com-
plete at least an operable segment. 
(ii) TREATMENT.—The issuance of a letter under 
clause (i) is deemed not to be an obligation under 
section 1108(c), 1501, or 1502(a) of title 31, United 
States Code, or an administrative commitment. 
(B) FULL FUNDING GRANT AGREEMENTS.— 
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129 STAT. 1459 
PUBLIC LAW 114–94—DEC. 4, 2015 
(i) IN GENERAL.—Except as provided in clause (v), 
an eligible project shall be carried out under this sub-
section through a full funding grant agreement. 
(ii) CRITERIA.—The Secretary shall enter into a 
full funding grant agreement, based on the require-
ments of this subparagraph, with each applicant 
receiving assistance for an eligible project that has 
received a written notice of approval under paragraph 
(5)(A)(i). 
(iii) TERMS.—A full funding grant agreement 
shall— 
(I) establish the terms of participation by the 
Federal Government in the eligible project; 
(II) establish the maximum amount of Federal 
financial assistance for the eligible project; 
(III) include the period of time for completing 
construction of the eligible project, consistent with 
the terms of the public-private partnership agree-
ment, even if that period extends beyond the period 
of an authorization; and 
(IV) make timely and efficient management 
of the eligible project easier according to the law 
of the United States. 
(iv) SPECIAL FINANCIAL RULES.— 
(I) IN GENERAL.—A full funding grant agree-
ment under this subparagraph obligates an 
amount of available budget authority specified in 
law and may include a commitment, contingent 
on amounts to be specified in law in advance for 
commitments under this subparagraph, to obligate 
an additional amount from future available budget 
authority specified in law. 
(II) STATEMENT
OF
CONTINGENT
COMMIT-
MENT.—A full funding grant agreement shall state 
that the contingent commitment is not an obliga-
tion of the Federal Government. 
(III) INTEREST AND OTHER FINANCING COSTS.— 
Interest and other financing costs of efficiently 
carrying out a part of the eligible project within 
a reasonable time are a cost of carrying out the 
eligible project under a full funding grant agree-
ment, except that eligible costs may not be more 
than the cost of the most favorable financing terms 
reasonably available for the eligible project at the 
time of borrowing. The applicant shall certify, in 
a way satisfactory to the Secretary, that the 
applicant has shown reasonable diligence in 
seeking the most favorable financing terms. 
(IV) COMPLETION OF OPERABLE SEGMENT.—The 
amount stipulated in an agreement under this 
subparagraph for a new fixed guideway capital 
project, core capacity improvement project, or 
small start project shall be sufficient to complete 
at least an operable segment. 
(v) EXCEPTION.— 
(I) IN GENERAL.—The Secretary, to the max-
imum extent practicable, shall provide Federal 
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129 STAT. 1460 
PUBLIC LAW 114–94—DEC. 4, 2015 
assistance under this subsection for a small start 
project in a single grant. If the Secretary cannot 
provide such a single grant, the Secretary may 
execute an expedited grant agreement in order 
to include a commitment on the part of the Sec-
retary to provide funding for the project in future 
fiscal years. 
(II) TERMS
OF
EXPEDITED
GRANT
AGREE-
MENTS.—In executing an expedited grant agree-
ment under this clause, the Secretary may include 
in the agreement terms similar to those estab-
lished under clause (iii). 
(C) LIMITATION ON AMOUNTS.— 
(i) IN
GENERAL.—The Secretary may enter into 
full funding grant agreements under this paragraph 
for eligible projects that contain contingent commit-
ments to incur obligations in such amounts as the 
Secretary determines are appropriate. 
(ii) APPROPRIATION REQUIRED.—An obligation may 
be made under this paragraph only when amounts 
are appropriated for obligation. 
(D) NOTIFICATION TO CONGRESS.— 
(i) IN GENERAL.—Not later than 30 days before 
the date on which the Secretary issues a letter of 
intent or enters into a full funding grant agreement 
for an eligible project under this paragraph, the Sec-
retary shall notify, in writing, the Committee on 
Banking, Housing, and Urban Affairs and the Com-
mittee on Appropriations of the Senate and the Com-
mittee on Transportation and Infrastructure and the 
Committee on Appropriations of the House of Rep-
resentatives of the proposed letter of intent or full 
funding grant agreement. 
(ii) CONTENTS.—The written notification under 
clause (i) shall include a copy of the proposed letter 
of intent or full funding grant agreement for the 
eligible project. 
(9) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.— 
(A) IN GENERAL.—A grant for an eligible project shall 
not exceed 25 percent of the net capital project cost. 
(B) REMAINDER OF NET CAPITAL PROJECT COST.—The 
remainder of the net capital project cost shall be provided 
from an undistributed cash surplus, a replacement or 
depreciation cash fund or reserve, or new capital. 
(C) 
LIMITATION
ON
STATUTORY
CONSTRUCTION.— 
Nothing in this subsection shall be construed as authorizing 
the Secretary to require a non-Federal financial commit-
ment for a project that is more than 75 percent of the 
net capital project cost. 
(D) SPECIAL RULE FOR ROLLING STOCK COSTS.—In addi-
tion to amounts allowed pursuant to subparagraph (A), 
a planned extension to a fixed guideway system may 
include the cost of rolling stock previously purchased if 
the applicant satisfies the Secretary that only amounts 
other than amounts provided by the Federal Government 
were used and that the purchase was made for use on 
the extension. A refund or reduction of the remainder may 
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129 STAT. 1461 
PUBLIC LAW 114–94—DEC. 4, 2015 
be made only if a refund of a proportional amount of 
the grant of the Federal Government is made at the same 
time. 
(E) FAILURE TO CARRY OUT PROJECT.—If an applicant 
does not carry out an eligible project for reasons within 
the control of the applicant, the applicant shall repay all 
Federal funds awarded for the eligible project from all 
Federal funding sources, for all eligible project activities, 
facilities, and equipment, plus reasonable interest and pen-
alty charges allowable by law. 
(F) CREDITING
OF
FUNDS
RECEIVED.—Any funds 
received by the Federal Government under this paragraph, 
other than interest and penalty charges, shall be credited 
to the appropriation account from which the funds were 
originally derived. 
(10) AVAILABILITY OF AMOUNTS.— 
(A) IN GENERAL.—An amount made available for an 
eligible project shall remain available to that eligible project 
for 4 fiscal years, including the fiscal year in which the 
amount is made available. Any amounts that are unobli-
gated to the eligible project at the end of the 4-fiscal- 
year period may be used by the Secretary for any purpose 
under this subsection. 
(B) USE OF DEOBLIGATED AMOUNTS.—An amount avail-
able under this subsection that is deobligated may be used 
for any purpose under this subsection. 
(11) ANNUAL REPORT ON EXPEDITED PROJECT DELIVERY FOR 
CAPITAL INVESTMENT GRANTS.—Not later than the first Monday 
in February of each year, the Secretary shall submit to the 
Committee on Banking, Housing, and Urban Affairs and the 
Committee on Appropriations of the Senate and the Committee 
on Transportation and Infrastructure and the Committee on 
Appropriations of the House of Representatives a report that 
includes a proposed amount to be available to finance grants 
for anticipated projects under this subsection. 
(12) BEFORE AND AFTER STUDY AND REPORT.— 
(A) STUDY REQUIRED.—Each recipient shall conduct a 
study that— 
(i) describes and analyzes the impacts of the 
eligible project on public transportation services and 
public transportation ridership; 
(ii) describes and analyzes the consistency of pre-
dicted and actual benefits and costs of the innovative 
project development and delivery methods or innova-
tive financing for the eligible project; and 
(iii) identifies reasons for any differences between 
predicted and actual outcomes for the eligible project. 
(B) SUBMISSION OF REPORT.—Not later than 2 years 
after an eligible project that is selected under this sub-
section begins revenue operations, the recipient shall 
submit to the Secretary a report on the results of the 
study conducted under subparagraph (A). 
(13) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to— 
(A) require the privatization of the operation or mainte-
nance of any project for which an applicant seeks funding 
under this subsection; 
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129 STAT. 1462 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) revise the determinations by local policies, criteria, 
and decisionmaking under section 5306(a) of title 49, 
United States Code; 
(C) alter the requirements for locally developed, coordi-
nated, and implemented transportation plans under sec-
tions 5303 and 5304 of title 49, United States Code; or 
(D) alter the eligibilities or priorities for assistance 
under this subsection or section 5309 of title 49, United 
States Code. 
SEC. 3006. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH 
DISABILITIES. 
(a) IN GENERAL.—Section 5310 of title 49, United States Code, 
is amended— 
(1) in subsection (a), by striking paragraph (1) and inserting 
the following: 
‘‘(1) RECIPIENT.—The term ‘recipient’ means— 
‘‘(A) a designated recipient or a State that receives 
a grant under this section directly; or 
‘‘(B) a State or local governmental entity that operates 
a public transportation service.’’; and 
(2) by adding at the end the following: 
‘‘(i) BEST PRACTICES.—The Secretary shall collect from, review, 
and disseminate to public transportation agencies— 
‘‘(1) innovative practices; 
‘‘(2) program models; 
‘‘(3) new service delivery options; 
‘‘(4) findings from activities under subsection (h); and 
‘‘(5) transit cooperative research program reports.’’. 
(b) PILOT PROGRAM FOR INNOVATIVE COORDINATED ACCESS AND 
MOBILITY.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘eligible project’’ has the meaning given 
the term ‘‘capital project’’ in section 5302 of title 49, United 
States Code; and 
(B) the term ‘‘eligible recipient’’ means a recipient or 
subrecipient, as those terms are defined in section 5310 
of title 49, United States Code. 
(2) GENERAL AUTHORITY.—The Secretary may make grants 
under this subsection to eligible recipients to assist in financing 
innovative projects for the transportation disadvantaged that 
improve the coordination of transportation services and non-
emergency medical transportation services, including— 
(A) the deployment of coordination technology; 
(B) projects that create or increase access to community 
One-Call/One-Click Centers; and 
(C) such other projects as determined appropriate by 
the Secretary. 
(3) APPLICATION.—An eligible recipient shall submit to the 
Secretary an application that, at a minimum, contains— 
(A) a detailed description of the eligible project; 
(B) an identification of all eligible project partners 
and their specific role in the eligible project, including— 
(i) private entities engaged in the coordination of 
nonemergency medical transportation services for the 
transportation disadvantaged; or 
49 USC 5310 
note. 
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129 STAT. 1463 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) nonprofit entities engaged in the coordination 
of nonemergency medical transportation services for 
the transportation disadvantaged; 
(C) a description of how the eligible project would— 
(i) improve local coordination or access to coordi-
nated transportation services; 
(ii) reduce duplication of service, if applicable; and 
(iii) provide innovative solutions in the State or 
community; and 
(D) specific performance measures the eligible project 
will use to quantify actual outcomes against expected out-
comes. 
(4) REPORT.—The Secretary shall make publicly available 
an annual report on the pilot program carried out under this 
subsection for each fiscal year, not later than December 31 
of the calendar year in which that fiscal year ends. The report 
shall include a detailed description of the activities carried 
out under the pilot program, and an evaluation of the program, 
including an evaluation of the performance measures described 
in paragraph (3)(D). 
(5) GOVERNMENT SHARE OF COSTS.— 
(A) IN GENERAL.—The Government share of the cost 
of an eligible project carried out under this subsection 
shall not exceed 80 percent. 
(B) NON-GOVERNMENT
SHARE.—The non-Government 
share of the cost of an eligible project carried out under 
this subsection may be derived from in-kind contributions. 
(6) RULE
OF
CONSTRUCTION.—For purposes of this sub-
section, nonemergency medical transportation services shall be 
limited to services eligible under Federal programs other than 
programs authorized under chapter 53 of title 49, United States 
Code. 
(c) COORDINATED MOBILITY.— 
(1) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) ALLOCATED COST MODEL.—The term ‘‘allocated cost 
model’’ means a method of determining the cost of trips 
by allocating the cost to each trip purpose served by a 
transportation provider in a manner that is proportional 
to the level of transportation service that the transportation 
provider delivers for each trip purpose, to the extent per-
mitted by applicable Federal laws. 
(B) COUNCIL.—The term ‘‘Council’’ means the Inter-
agency Transportation Coordinating Council on Access and 
Mobility established under Executive Order No. 13330 (49 
U.S.C. 101 note). 
(2) STRATEGIC PLAN.—Not later than 1 year after the date 
of enactment of this Act, the Council shall publish a strategic 
plan for the Council that— 
(A) outlines the role and responsibilities of each Fed-
eral agency with respect to local transportation coordina-
tion, including nonemergency medical transportation; 
(B) identifies a strategy to strengthen interagency 
collaboration; 
(C) addresses any outstanding recommendations made 
by the Council in the 2005 Report to the President relating 
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129 STAT. 1464 
PUBLIC LAW 114–94—DEC. 4, 2015 
to the implementation of Executive Order No. 13330, 
including— 
(i) a cost-sharing policy endorsed by the Council; 
and 
(ii) recommendations to increase participation by 
recipients of Federal grants in locally developed, coordi-
nated planning processes; 
(D) to the extent feasible, addresses recommendations 
by the Comptroller General concerning local coordination 
of transportation services; 
(E) examines and proposes changes to Federal regula-
tions that will eliminate Federal barriers to local transpor-
tation coordination, including non-emergency medical 
transportation; and 
(F) recommends to Congress changes to Federal laws, 
including chapter 7 of title 42, United States Code, that 
will eliminate Federal barriers to local transportation 
coordination, including nonemergency medical transpor-
tation. 
(3) DEVELOPMENT OF COST-SHARING POLICY IN COMPLIANCE 
WITH
APPLICABLE
FEDERAL
LAWS.—In establishing the cost- 
sharing policy required under paragraph (2), the Council may 
consider, to the extent practicable— 
(A) the development of recommended strategies for 
grantees of programs funded by members of the Council, 
including strategies for grantees of programs that fund 
nonemergency medical transportation, to use the cost- 
sharing policy in a manner that does not violate applicable 
Federal laws; and 
(B) incorporation of an allocated cost model to facilitate 
local coordination efforts that comply with applicable 
requirements of programs funded by members of the 
Council, such as— 
(i) eligibility requirements; 
(ii) service delivery requirements; and 
(iii) reimbursement requirements. 
(4) REPORT.—The Council shall, concurrently with submis-
sion to the President of a report containing final recommenda-
tions of the Council, transmit such report to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
SEC. 3007. FORMULA GRANTS FOR RURAL AREAS. 
(a) IN GENERAL.—Section 5311 of title 49, United States Code, 
is amended— 
(1) in subsection (c)(1), by striking subparagraphs (A) and 
(B) and inserting the following: 
‘‘(A) $5,000,000 for each fiscal year shall be distributed 
on a competitive basis by the Secretary. 
‘‘(B) $30,000,000 for each fiscal year shall be appor-
tioned as formula grants, as provided in subsection (j).’’; 
(2) in subsection (g)(3)— 
(A) by redesignating subparagraphs (A) through (D) 
as subparagraphs (C) through (F), respectively; 
(B) by inserting before subparagraph (C) (as so redesig-
nated) the following: 
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129 STAT. 1465 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) may be provided in cash from non-Government 
sources; 
‘‘(B) may be provided from revenues from the sale 
of advertising and concessions;’’; 
(C) in subparagraph (F) (as so redesignated) by 
inserting ‘‘, including all operating and capital costs of 
such service whether or not offset by revenue from such 
service,’’ after ‘‘the costs of a private operator for the unsub-
sidized segment of intercity bus service’’; and 
(3) in subsection (j)(1)— 
(A) in subparagraph (A)(iii), by striking ‘‘(as defined 
by the Bureau of the Census)’’ and inserting ‘‘(American 
Indian Areas, Alaska Native Areas, and Hawaiian Home 
Lands, as defined by the Bureau of the Census)’’; and 
(B) by adding at the end the following: 
‘‘(E) ALLOCATION BETWEEN MULTIPLE INDIAN TRIBES.— 
If more than 1 Indian tribe provides public transportation 
service on tribal lands in a single Tribal Statistical Area, 
and the Indian tribes do not determine how to allocate 
the funds apportioned under clause (iii) of subparagraph 
(A) between the Indian tribes, the Secretary shall allocate 
the funds so that each Indian tribe shall receive an amount 
equal to the total amount apportioned under such clause 
(iii) multiplied by the ratio of the number of annual 
unlinked passenger trips provided by each Indian tribe, 
as reported to the National Transit Database, to the total 
unlinked passenger trips provided by all Indian tribes in 
the Tribal Statistical Area.’’. 
(b) CONFORMING AMENDMENTS.—Section 5311 of such title is 
further amended— 
(1) in subsection (b) by striking ‘‘5338(a)(2)(E)’’ and 
inserting ‘‘5338(a)(2)(F)’’; 
(2) in subsection (c)— 
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by striking ‘‘5338(a)(2)(E)’’ and inserting 
‘‘5338(a)(2)(F)’’; 
(B) in paragraph (2)(C), by striking ‘‘5338(a)(2)(E)’’ and 
inserting ‘‘5338(a)(2)(F)’’; and 
(C) in paragraph (3)(A), by striking ‘‘5338(a)(2)(E)’’ and 
inserting ‘‘5338(a)(2)(F)’’. 
SEC. 3008. PUBLIC TRANSPORTATION INNOVATION. 
(a) CONSOLIDATION OF PROGRAMS.—Section 5312 of title 49, 
United States Code, is amended— 
(1) by striking the section designation and heading and 
inserting the following: 
‘‘§ 5312. Public transportation innovation’’; 
(2) by redesignating subsections (a) through (f) as sub-
sections (b) through (g), respectively; 
(3) by inserting before subsection (b) (as so redesignated) 
the following: 
‘‘(a) IN GENERAL.—The Secretary shall provide assistance for 
projects and activities to advance innovative public transportation 
research and development in accordance with the requirements 
of this section.’’; 
(4) in subsection (e) (as so redesignated)— 
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129 STAT. 1466 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) in paragraph (3)— 
(i) in the matter preceding subparagraph (A), by 
inserting ‘‘demonstration, deployment, or evaluation’’ 
before ‘‘project that’’; 
(ii) in subparagraph (A), by striking ‘‘and’’ at the 
end; 
(iii) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(iv) by adding at the end the following: 
‘‘(C) the deployment of low or no emission vehicles, 
zero emission vehicles, or associated advanced technology.’’; 
and 
(B) by striking paragraph (5) and inserting the fol-
lowing: 
‘‘(5) PROHIBITION.—The Secretary may not make grants 
under this subsection for the demonstration, deployment, or 
evaluation of a vehicle that is in revenue service unless the 
Secretary determines that the project makes significant techno-
logical advancements in the vehicle. 
‘‘(6) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘direct carbon emissions’ means the 
quantity of direct greenhouse gas emissions from a vehicle, 
as determined by the Administrator of the Environmental 
Protection Agency; 
‘‘(B) the term ‘low or no emission vehicle’ means— 
‘‘(i) a passenger vehicle used to provide public 
transportation that the Secretary determines suffi-
ciently reduces energy consumption or harmful emis-
sions, including direct carbon emissions, when com-
pared to a comparable standard vehicle; or 
‘‘(ii) a zero emission vehicle used to provide public 
transportation; and 
‘‘(C) the term ‘zero emission vehicle’ means a low or 
no emission vehicle that produces no carbon or particulate 
matter.’’; 
(5) by adding at the end the following: 
‘‘(h) LOW OR NO EMISSION VEHICLE COMPONENT ASSESSMENT.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘covered institution of higher education’ 
means an institution of higher education with which the 
Secretary enters into a contract or cooperative agreement, 
or to which the Secretary makes a grant, under paragraph 
(2)(B) to operate a facility selected under paragraph (2)(A); 
‘‘(B) the terms ‘direct carbon emissions’ and ‘low or 
no emission vehicle’ have the meanings given those terms 
in subsection (e)(6); 
‘‘(C) the term ‘institution of higher education’ has the 
meaning given the term in section 102 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002); and 
‘‘(D) the term ‘low or no emission vehicle component’ 
means an item that is separately installed in and removable 
from a low or no emission vehicle. 
‘‘(2) ASSESSING
LOW
OR
NO
EMISSION
VEHICLE
COMPO-
NENTS.— 
‘‘(A) IN GENERAL.—The Secretary shall competitively 
select at least one facility to conduct testing, evaluation, 
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129 STAT. 1467 
PUBLIC LAW 114–94—DEC. 4, 2015 
and analysis of low or no emission vehicle components 
intended for use in low or no emission vehicles. 
‘‘(B) OPERATION AND MAINTENANCE.— 
‘‘(i) IN GENERAL.—The Secretary shall enter into 
a contract or cooperative agreement with, or make 
a grant to, at least one institution of higher education 
to operate and maintain a facility selected under 
subparagraph (A). 
‘‘(ii) REQUIREMENTS.—An institution of higher edu-
cation described in clause (i) shall have— 
‘‘(I) capacity to carry out transportation- 
related advanced component and vehicle evalua-
tion; 
‘‘(II) laboratories capable of testing and evalua-
tion; and 
‘‘(III) direct access to or a partnership with 
a testing facility capable of emulating real-world 
circumstances in order to test low or no emission 
vehicle components installed on the intended 
vehicle. 
‘‘(C) FEES.—A covered institution of higher education 
shall establish and collect fees, which shall be approved 
by the Secretary, for the assessment of low or no emission 
vehicle components at the applicable facility selected under 
subparagraph (A). 
‘‘(D) AVAILABILITY OF AMOUNTS TO PAY FOR ASSESS-
MENT.—The Secretary shall enter into a contract or 
cooperative agreement with, or make a grant to an institu-
tion of higher education under which— 
‘‘(i) the Secretary shall pay 50 percent of the cost 
of assessing a low or no emission vehicle component 
at the applicable facility selected under subparagraph 
(A) from amounts made available to carry out this 
section; and 
‘‘(ii) the remaining 50 percent of such cost shall 
be paid from amounts recovered through the fees estab-
lished and collected pursuant to subparagraph (C). 
‘‘(E) VOLUNTARY TESTING.—A manufacturer of a low 
or no emission vehicle component is not required to assess 
the low or no emission vehicle component at a facility 
selected under subparagraph (A). 
‘‘(F) COMPLIANCE WITH SECTION 5318.—Notwithstanding 
whether a low or no emission vehicle component is assessed 
at a facility selected under subparagraph (A), each new 
bus model shall comply with the requirements under sec-
tion 5318. 
‘‘(G) SEPARATE
FACILITY.—A facility selected under 
subparagraph (A) shall be separate and distinct from the 
facility operated and maintained under section 5318. 
‘‘(3) LOW OR NO EMISSION VEHICLE COMPONENT PERFORM-
ANCE REPORTS.—Not later than 2 years after the date of enact-
ment of the Federal Public Transportation Act of 2015, and 
annually thereafter, the Secretary shall issue a report on low 
or no emission vehicle component assessments conducted at 
each facility selected under paragraph (2)(A), which shall 
include information related to the maintainability, reliability, 
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129 STAT. 1468 
PUBLIC LAW 114–94—DEC. 4, 2015 
performance, structural integrity, efficiency, and noise of those 
low or no emission vehicle components. 
‘‘(4) PUBLIC AVAILABILITY OF ASSESSMENTS.—Each assess-
ment conducted at a facility selected under paragraph (2)(A) 
shall be made publicly available, including to affected indus-
tries. 
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to require— 
‘‘(A) a low or no emission vehicle component to be 
tested at a facility selected under paragraph (2)(A); or 
‘‘(B) the development or disclosure of a privately funded 
component assessment.’’. 
(6) in subsection (f) (as so redesignated)— 
(A) by striking ‘‘(f)’’ and all that follows before para-
graph (1) and inserting the following: 
‘‘(g) ANNUAL REPORT ON RESEARCH.—Not later than the first 
Monday in February of each year, the Secretary shall make avail-
able to the public on the Web site of the Department of Transpor-
tation, a report that includes—’’; and 
(B) in paragraph (1) by adding ‘‘and’’ at the end; 
(C) in paragraph (2) by striking ‘‘; and’’ and inserting 
a period; and 
(D) by striking paragraph (3); and 
(7) by adding at the end the following: 
‘‘(i) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 
‘‘(1) IN GENERAL.—The amounts made available under sec-
tion 5338(a)(2)(G)(ii) are available for a public transportation 
cooperative research program. 
‘‘(2) INDEPENDENT GOVERNING BOARD.— 
‘‘(A) ESTABLISHMENT.—The Secretary shall establish 
an independent governing board for the program under 
this subsection. 
‘‘(B) RECOMMENDATIONS.—The board shall recommend 
public transportation research, development, and tech-
nology transfer activities the Secretary considers appro-
priate. 
‘‘(3) FEDERAL ASSISTANCE.—The Secretary may make grants 
to, and enter into cooperative agreements with, the National 
Academy of Sciences to carry out activities under this sub-
section that the Secretary considers appropriate. 
‘‘(4) GOVERNMENT SHARE OF COSTS.—If there would be a 
clear and direct financial benefit to an entity under a grant 
or contract financed under this subsection, the Secretary shall 
establish a Government share consistent with that benefit. 
‘‘(5) LIMITATION ON APPLICABILITY.—Subsections (f) and (g) 
shall not apply to activities carried out under this subsection.’’. 
(b) CONFORMING AMENDMENTS.—Section 5312 of such title (as 
amended by subsection (a) of this section) is further amended— 
(1) in subsection (c)(1) by striking ‘‘subsection (a)(2)’’ and 
inserting ‘‘subsection (b)(2)’’; 
(2) in subsection (d)— 
(A) in paragraph (1) by striking ‘‘subsection (a)(2)’’ 
and inserting ‘‘subsection (b)(2)’’; and 
(B) in paragraph (2)(A) by striking ‘‘subsection (b)’’ 
and inserting ‘‘subsection (c)’’; 
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129 STAT. 1469 
PUBLIC LAW 114–94—DEC. 4, 2015 
(3) in subsection (e)(2) in each of subparagraphs (A) and 
(B) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection 
(b)(2)’’; and 
(4) in subsection (f)(2) by striking ‘‘subsection (d)(4)’’ and 
inserting ‘‘subsection (e)(4)’’. 
(c) CLERICAL AMENDMENT.—The analysis for chapter 53 of such 
title is amended by striking the item relating to section 5312 
and inserting the following: 
‘‘5312. Public transportation innovation.’’. 
SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT. 
(a) IN GENERAL.—Section 5314 of title 49, United States Code, 
is amended to read as follows: 
‘‘§ 5314. Technical assistance and workforce development 
‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS.— 
‘‘(1) TECHNICAL
ASSISTANCE
AND
STANDARDS
DEVELOP-
MENT.— 
‘‘(A) IN
GENERAL.—The Secretary may make grants 
and enter into contracts, cooperative agreements, and other 
agreements (including agreements with departments, agen-
cies, and instrumentalities of the Government) to carry 
out activities that the Secretary determines will assist 
recipients of assistance under this chapter to— 
‘‘(i) more effectively and efficiently provide public 
transportation service; 
‘‘(ii) administer funds received under this chapter 
in compliance with Federal law; and 
‘‘(iii) improve public transportation. 
‘‘(B) ELIGIBLE ACTIVITIES.—The activities carried out 
under subparagraph (A) may include— 
‘‘(i) technical assistance; and 
‘‘(ii) the development of voluntary and consensus- 
based standards and best practices by the public 
transportation industry, including standards and best 
practices for safety, fare collection, intelligent transpor-
tation systems, accessibility, procurement, security, 
asset management to maintain a state of good repair, 
operations, maintenance, vehicle propulsion, commu-
nications, and vehicle electronics. 
‘‘(2) TECHNICAL
ASSISTANCE.—The Secretary, through a 
competitive bid process, may enter into contracts, cooperative 
agreements, and other agreements with national nonprofit 
organizations that have the appropriate demonstrated capacity 
to provide public-transportation-related technical assistance 
under this subsection. The Secretary may enter into such con-
tracts, cooperative agreements, and other agreements to assist 
providers of public transportation to— 
‘‘(A) comply with the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.) through technical assist-
ance, demonstration programs, research, public education, 
and other activities related to complying with such Act; 
‘‘(B) comply with human services transportation 
coordination requirements and to enhance the coordination 
of Federal resources for human services transportation with 
49 USC 
prec. 5301. 
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129 STAT. 1470 
PUBLIC LAW 114–94—DEC. 4, 2015 
those of the Department of Transportation through tech-
nical assistance, training, and support services related to 
complying with such requirements; 
‘‘(C) meet the transportation needs of elderly individ-
uals; 
‘‘(D) increase transit ridership in coordination with 
metropolitan planning organizations and other entities 
through development around public transportation stations 
through technical assistance and the development of tools, 
guidance, and analysis related to market-based develop-
ment around transit stations; 
‘‘(E) address transportation equity with regard to the 
effect that transportation planning, investment, and oper-
ations have for low-income and minority individuals; 
‘‘(F) facilitate best practices to promote bus driver 
safety; 
‘‘(G) meet the requirements of sections 5323(j) and 
5323(m); 
‘‘(H) assist with the development and deployment of 
low or no emission vehicles (as defined in section 5339(c)(1)) 
or low or no emission vehicle components (as defined in 
section 5312(h)(1)); and 
‘‘(I) any other technical assistance activity that the 
Secretary determines is necessary to advance the interests 
of public transportation. 
‘‘(3) ANNUAL REPORT ON TECHNICAL ASSISTANCE.—Not later 
than the first Monday in February of each year, the Secretary 
shall submit to the Committee on Banking, Housing, and Urban 
Affairs and the Committee on Appropriations of the Senate 
and the Committee on Transportation and Infrastructure, the 
Committee on Science, Space, and Technology, and the Com-
mittee on Appropriations of the House of Representatives a 
report that includes— 
‘‘(A) a description of each project that received assist-
ance under this subsection during the preceding fiscal year; 
‘‘(B) an evaluation of the activities carried out by each 
organization that received assistance under this subsection 
during the preceding fiscal year; 
‘‘(C) a proposal for allocations of amounts for assistance 
under this subsection for the subsequent fiscal year; and 
‘‘(D) measurable outcomes and impacts of the programs 
funded under subsections (b) and (c). 
‘‘(4) GOVERNMENT SHARE OF COSTS.— 
‘‘(A) IN GENERAL.—The Government share of the cost 
of an activity carried out using a grant under this sub-
section may not exceed 80 percent. 
‘‘(B) NON-GOVERNMENT SHARE.—The non-Government 
share of the cost of an activity carried out using a grant 
under this subsection may be derived from in-kind contribu-
tions. 
‘‘(b) HUMAN RESOURCES AND TRAINING.— 
‘‘(1) IN GENERAL.—The Secretary may undertake, or make 
grants and contracts for, programs that address human 
resource needs as they apply to public transportation activities. 
A program may include— 
‘‘(A) an employment training program; 
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129 STAT. 1471 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) an outreach program to increase employment for 
veterans, females, individuals with a disability, minorities 
(including American Indians or Alaska Natives, Asian, 
Black or African Americans, native Hawaiians or other 
Pacific Islanders, and Hispanics) in public transportation 
activities; 
‘‘(C) research on public transportation personnel and 
training needs; 
‘‘(D) training and assistance for veteran and minority 
business opportunities; and 
‘‘(E) consensus-based national training standards and 
certifications in partnership with industry stakeholders. 
‘‘(2) 
INNOVATIVE
PUBLIC
TRANSPORTATION
FRONTLINE 
WORKFORCE DEVELOPMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—The Secretary shall establish a 
competitive grant program to assist the development of 
innovative activities eligible for assistance under paragraph 
(1). 
‘‘(B) ELIGIBLE
PROGRAMS.—A program eligible for 
assistance under paragraph (1) shall— 
‘‘(i) develop apprenticeships, on-the-job training, 
and instructional training for public transportation 
maintenance and operations occupations; 
‘‘(ii) build local, regional, and statewide public 
transportation training partnerships with local public 
transportation operators, labor union organizations, 
workforce development boards, and State workforce 
agencies to identify and address workforce skill gaps; 
‘‘(iii) improve safety, security, and emergency 
preparedness in local public transportation systems 
through improved safety culture and workforce commu-
nication with first responders and the riding public; 
and 
‘‘(iv) address current or projected workforce short-
ages by developing partnerships with high schools, 
community colleges, and other community organiza-
tions. 
‘‘(C) SELECTION
OF
RECIPIENTS.—To the maximum 
extent feasible, the Secretary shall select recipients that— 
‘‘(i) are geographically diverse; 
‘‘(ii) address the workforce and human resources 
needs of large public transportation providers; 
‘‘(iii) address the workforce and human resources 
needs of small public transportation providers; 
‘‘(iv) address the workforce and human resources 
needs of urban public transportation providers; 
‘‘(v) address the workforce and human resources 
needs of rural public transportation providers; 
‘‘(vi) advance training related to maintenance of 
low or no emission vehicles and facilities used in public 
transportation; 
‘‘(vii) target areas with high rates of unemploy-
ment; 
‘‘(viii) advance opportunities for minorities, women, 
veterans, individuals with disabilities, low-income 
populations, and other underserved populations; and 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ix) address in-demand industry sector or occupa-
tion, as such term is defined in section 3 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3102). 
‘‘(D) PROGRAM OUTCOMES.—A recipient of assistance 
under this subsection shall demonstrate outcomes for any 
program that includes skills training, on-the-job training, 
and work-based learning, including— 
‘‘(i) the impact on reducing public transportation 
workforce shortages in the area served; 
‘‘(ii) the diversity of training participants; 
‘‘(iii) the number of participants obtaining certifi-
cations or credentials required for specific types of 
employment; 
‘‘(iv) employment outcomes, including job place-
ment, job retention, and wages, using performance 
metrics established in consultation with the Secretary 
and 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 pro-
gram did not preclude workers who are participating 
in skills training, on-the-job training, and work-based 
learning from being referred to, or hired on, projects 
funded under this chapter without regard to the length 
of time of their participation in the program. 
‘‘(E) REPORT TO CONGRESS.—The Secretary shall make 
publicly available a report on the Frontline Workforce 
Development Program for each fiscal year, not later than 
December 31 of the calendar year in which that fiscal 
year ends. The report shall include a detailed description 
of activities carried out under this paragraph, an evaluation 
of the program, and policy recommendations to improve 
program effectiveness. 
‘‘(3) GOVERNMENT’S
SHARE
OF
COSTS.—The Government 
share of the cost of a project carried out using a grant under 
paragraph (1) or (2) shall be 50 percent. 
‘‘(4) AVAILABILITY OF AMOUNTS.—Not more than 0.5 percent 
of amounts made available to a recipient under sections 5307, 
5337, and 5339 is available for expenditures by the recipient, 
with the approval of the Secretary, to pay not more than 
80 percent of the cost of eligible activities under this subsection. 
‘‘(c) NATIONAL TRANSIT INSTITUTE.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a 
national transit institute and award grants to a public 4-year 
degree-granting institution of higher education, as defined in 
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)), in order to carry out the duties of the institute. 
‘‘(2) DUTIES.— 
‘‘(A) IN
GENERAL.—In cooperation with the Federal 
Transit Administration, State transportation departments, 
public transportation authorities, and national and inter-
national entities, the institute established under paragraph 
(1) shall develop and conduct training and educational 
programs for Federal, State, and local transportation 
employees, United States citizens, and foreign nationals 
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129 STAT. 1473 
PUBLIC LAW 114–94—DEC. 4, 2015 
engaged or to be engaged in Government-aid public 
transportation work. 
‘‘(B) TRAINING
AND
EDUCATIONAL
PROGRAMS.—The 
training and educational programs developed under 
subparagraph (A) may include courses in recent develop-
ments, techniques, and procedures related to— 
‘‘(i) intermodal and public transportation planning; 
‘‘(ii) management; 
‘‘(iii) environmental factors; 
‘‘(iv) acquisition and joint use rights-of-way; 
‘‘(v) engineering and architectural design; 
‘‘(vi) procurement strategies for public transpor-
tation systems; 
‘‘(vii) turnkey approaches to delivering public 
transportation systems; 
‘‘(viii) new technologies; 
‘‘(ix) emission reduction technologies; 
‘‘(x) ways to make public transportation accessible 
to individuals with disabilities; 
‘‘(xi) 
construction, 
construction 
management, 
insurance, and risk management; 
‘‘(xii) maintenance; 
‘‘(xiii) contract administration; 
‘‘(xiv) inspection; 
‘‘(xv) innovative finance; 
‘‘(xvi) workplace safety; and 
‘‘(xvii) public transportation security. 
‘‘(3) PROVISION FOR EDUCATION AND TRAINING.—Education 
and training of Government, State, and local transportation 
employees under this subsection shall be provided— 
‘‘(A) by the Secretary at no cost to the States and 
local governments for subjects that are a Government pro-
gram responsibility; or 
‘‘(B) when the education and training are paid under 
paragraph (4), by the State, with the approval of the Sec-
retary, through grants and contracts with public and pri-
vate agencies, other institutions, individuals, and the 
institute. 
‘‘(4) AVAILABILITY OF AMOUNTS.— 
‘‘(A) IN
GENERAL.—Not more than 0.5 percent of 
amounts made available to a recipient under sections 5307, 
5337, and 5339 is available for expenditures by the 
recipient, with the approval of the Secretary, to pay not 
more than 80 percent of the cost of eligible activities under 
this subsection. 
‘‘(B) EXISTING
PROGRAMS.—A recipient may use 
amounts made available under subparagraph (A) to carry 
out existing local education and training programs for 
public transportation employees supported by the Sec-
retary, the Department of Labor, or the Department of 
Education.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 53 of such 
title is amended by striking the item relating to section 5314 
and inserting the following: 
‘‘5314. Technical assistance and workforce development.’’. 
49 USC 
prec. 5301. 
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129 STAT. 1474 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 3010. PRIVATE SECTOR PARTICIPATION. 
(a) IN GENERAL.—Section 5315 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to alter— 
‘‘(1) the eligibilities, requirements, or priorities for assist-
ance provided under this chapter; or 
‘‘(2) the requirements of section 5306(a).’’. 
(b) MAP–21 TECHNICAL
CORRECTION.—Section 20013(d) of 
MAP–21 (Public Law 112–141; 126 Stat. 694) is amended by striking 
‘‘5307(c)’’ and inserting ‘‘5307(b)’’. 
SEC. 3011. GENERAL PROVISIONS. 
Section 5323 of title 49, United States Code, is amended— 
(1) in subsection (h)— 
(A) in paragraph (1), by striking ‘‘or’’ at the end; 
(B) by redesignating paragraph (2) as paragraph (3); 
and 
(C) by inserting after paragraph (1) the following: 
‘‘(2) pay incremental costs of incorporating art or non- 
functional landscaping into facilities, including the costs of 
an artist on the design team; or’’; 
(2) in subsection (j)— 
(A) in paragraph (2), by striking subparagraph (C) 
and inserting the following: 
‘‘(C) when procuring rolling stock (including train con-
trol, communication, traction power equipment, and rolling 
stock prototypes) under this chapter— 
‘‘(i) the cost of components and subcomponents 
produced in the United States— 
‘‘(I) for fiscal years 2016 and 2017, is more 
than 60 percent of the cost of all components of 
the rolling stock; 
‘‘(II) for fiscal years 2018 and 2019, is more 
than 65 percent of the cost of all components of 
the rolling stock; and 
‘‘(III) for fiscal year 2020 and each fiscal year 
thereafter, is more than 70 percent of the cost 
of all components of the rolling stock; and 
‘‘(ii) final assembly of the rolling stock has occurred 
in the United States; or’’; 
(B) by redesignating paragraphs (5) through (9) as 
paragraphs (7) through (11), respectively; 
(C) by inserting after paragraph (4) the following: 
‘‘(5) ROLLING STOCK FRAMES OR CAR SHELLS.—In carrying 
out paragraph (2)(C) in the case of a rolling stock procurement 
receiving assistance under this chapter in which the average 
cost of a rolling stock vehicle in the procurement is more 
than $300,000, if rolling stock frames or car shells are not 
produced in the United States, the Secretary shall include 
in the calculation of the domestic content of the rolling stock 
the cost of steel or iron that is produced in the United States 
and used in the rolling stock frames or car shells. 
‘‘(6) CERTIFICATION OF DOMESTIC SUPPLY AND DISCLOSURE.— 
‘‘(A) CERTIFICATION OF DOMESTIC SUPPLY.—If the Sec-
retary denies an application for a waiver under paragraph 
49 USC 5303 
note. 
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129 STAT. 1475 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2), the Secretary shall provide to the applicant a written 
certification that— 
‘‘(i) the steel, iron, or manufactured goods, as 
applicable, (referred to in this subparagraph as the 
‘item’) is produced in the United States in a sufficient 
and reasonably available amount; 
‘‘(ii) the item produced in the United States is 
of a satisfactory quality; and 
‘‘(iii) includes a list of known manufacturers in 
the United States from which the item can be obtained. 
‘‘(B) DISCLOSURE.—The Secretary shall disclose the 
waiver denial and the written certification to the public 
in an easily identifiable location on the website of the 
Department of Transportation.’’; 
(D) in paragraph (8), as so redesignated, by striking 
‘‘Federal Public Transportation Act of 2012’’ and inserting 
‘‘Federal Public Transportation Act of 2015’’; and 
(E) by inserting after paragraph (11), as so redesig-
nated, the following: 
‘‘(12) STEEL AND IRON.—For purposes of this subsection, 
steel and iron meeting the requirements of section 661.5(b) 
of title 49, Code of Federal Regulations may be considered 
produced in the United States. 
‘‘(13) DEFINITION OF SMALL PURCHASE.—For purposes of 
determining whether a purchase qualifies for a general public 
interest waiver under paragraph (2)(A) of this subsection, 
including under any regulation promulgated under that para-
graph, the term ‘small purchase’ means a purchase of not 
more than $150,000.’’; 
(3) in subsection (q)(1), by striking the second sentence; 
and 
(4) by adding at the end the following: 
‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR LOCAL SHARE.— 
Notwithstanding any other provision of law, a recipient of assistance 
under this chapter may use the revenue generated from value 
capture financing mechanisms as local matching funds for capital 
projects and operating costs eligible under this chapter. 
‘‘(t) SPECIAL CONDITION
ON CHARTER BUS TRANSPORTATION 
SERVICE.—If, in a fiscal year, the Secretary is prohibited by law 
from enforcing regulations related to charter bus service under 
part 604 of title 49, Code of Federal Regulations, for any transit 
agency that during fiscal year 2008 was both initially granted 
a 60-day period to come into compliance with such part 604, and 
then was subsequently granted an exception from such part— 
‘‘(1) the transit agency shall be precluded from receiving 
its allocation of urbanized area formula grant funds for such 
fiscal year; and 
‘‘(2) any amounts withheld pursuant to paragraph (1) shall 
be added to the amount that the Secretary may apportion 
under section 5336 in the following fiscal year.’’. 
SEC. 3012. PROJECT MANAGEMENT OVERSIGHT. 
Section 5327 of title 49, United States Code, is amended— 
(1) in subsection (c) by striking ‘‘section 5338(i)’’ and 
inserting section ‘‘5338(f)’’ ; and 
(2) in subsection (d)— 
(A) in paragraph (1)— 
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129 STAT. 1476 
PUBLIC LAW 114–94—DEC. 4, 2015 
(i) by striking ‘‘section 5338(i)’’ and inserting sec-
tion 5338(f); and 
(ii) by striking ‘‘and’’ at the end; and 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) a requirement that oversight— 
‘‘(A) begin during the project development phase of 
a project, unless the Secretary finds it more appropriate 
to begin the oversight during another phase of the project, 
to maximize the transportation benefits and cost savings 
associated with project management oversight; and 
‘‘(B) be limited to quarterly reviews of compliance by 
the recipient with the project management plan approved 
under subsection (b) unless the Secretary finds that the 
recipient requires more frequent oversight because the 
recipient has failed to meet the requirements of such plan 
and the project may be at risk of going over budget or 
becoming behind schedule; and 
‘‘(3) a process for recipients that the Secretary has found 
require more frequent oversight to return to quarterly reviews 
for purposes of paragraph (2)(B).’’. 
SEC. 3013. PUBLIC TRANSPORTATION SAFETY PROGRAM. 
Section 5329 of title 49, United States Code, is amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (C) by striking ‘‘and’’ at the end; 
(B) by redesignating subparagraph (D) as subpara-
graph (E); and 
(C) by inserting after subparagraph (C) the following: 
‘‘(D) minimum safety standards to ensure the safe oper-
ation of public transportation systems that— 
‘‘(i) are not related to performance standards for 
public 
transportation 
vehicles 
developed 
under 
subparagraph (C); and 
‘‘(ii) to the extent practicable, take into consider-
ation— 
‘‘(I) relevant recommendations of the National 
Transportation Safety Board; 
‘‘(II) best practices standards developed by the 
public transportation industry; 
‘‘(III) any minimum safety standards or 
performance criteria being implemented across the 
public transportation industry; 
‘‘(IV) relevant recommendations from the 
report under section 3020 of the Federal Public 
Transportation Act of 2015; and 
‘‘(V) any additional information that the Sec-
retary determines necessary and appropriate; 
and’’; 
(2) in subsection (e)— 
(A) by redesignating paragraphs (8) and (9) as para-
graphs (9) and (10), respectively; and 
(B) by inserting after paragraph (7) the following: 
‘‘(8) FEDERAL SAFETY MANAGEMENT.— 
‘‘(A) IN GENERAL.—If the Secretary determines that 
a State safety oversight program is not being carried out 
in accordance with this section, has become inadequate 
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PUBLIC LAW 114–94—DEC. 4, 2015 
to ensure the enforcement of Federal safety regulation, 
or is incapable of providing adequate safety oversight con-
sistent with the prevention of substantial risk of death, 
or personal injury, the Secretary shall administer the State 
safety oversight program until the eligible State develops 
a State safety oversight program certified by the Secretary 
in accordance with this subsection. 
‘‘(B) TEMPORARY
FEDERAL
OVERSIGHT.—In making a 
determination under subparagraph (A), the Secretary 
shall— 
‘‘(i) transmit to the eligible State and affected 
recipient or recipients, a written explanation of the 
determination or subsequent finding, including any 
intention to withhold funding under this section, the 
amount of funds proposed to be withheld, and if 
applicable, a formal notice of a withdrawal of State 
safety oversight program approval; and 
‘‘(ii) require the State to submit a State safety 
oversight program or modification for certification by 
the Secretary that meets the requirements of this sub-
section. 
‘‘(C) FAILURE TO CORRECT.—If the Secretary determines 
in accordance with subparagraph (A), that a State safety 
oversight program or modification required pursuant to 
subparagraph (B)(ii), submitted by a State is not sufficient, 
the Secretary may— 
‘‘(i) withhold funds available under paragraph (6) 
in an amount determined by the Secretary; 
‘‘(ii) beginning 1 year after the date of the deter-
mination, withhold not more than 5 percent of the 
amount required to be appropriated for use in a State 
or an urbanized area in the State under section 5307, 
until the State safety oversight program or modifica-
tion has been certified; and 
‘‘(iii) use any other authorities authorized under 
this chapter considered necessary and appropriate. 
‘‘(D) ADMINISTRATIVE AND OVERSIGHT ACTIVITIES.—To 
carry out administrative and oversight activities authorized 
by this paragraph, the Secretary may use grant funds 
apportioned to an eligible State, under paragraph (6), to 
develop or carry out a State safety oversight program.’’; 
(3) in subsection (f)(2), by inserting ‘‘or the public transpor-
tation industry generally’’ after ‘‘recipients’’; 
(4) in subsection (g)(1)— 
(A) in the matter preceding subparagraph (A) by 
striking ‘‘an eligible State, as defined in subsection (e),’’ 
and inserting ‘‘a recipient’’; 
(B) in subparagraph (C) by striking ‘‘and’’ at the end; 
(C) in subparagraph (D) by striking the period at the 
end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(E) withholding not more than 25 percent of financial 
assistance under section 5307.’’; 
(5) in subsection (g)(2)(A)— 
(A) by inserting after ‘‘funds’’ the following: ‘‘or with-
hold funds’’; and 
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129 STAT. 1478 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) by inserting ‘‘or (1)(E)’’ after ‘‘paragraph (1)(D)’’; 
and 
(6) by striking subsection (h) and inserting the following: 
‘‘(h) RESTRICTIONS AND PROHIBITIONS.— 
‘‘(1) RESTRICTIONS AND PROHIBITIONS.—The Secretary shall 
issue restrictions and prohibitions by whatever means are 
determined necessary and appropriate, without regard to sec-
tion 5334(c), if, through testing, inspection, investigation, audit, 
or research carried out under this chapter, the Secretary deter-
mines that an unsafe condition or practice, or a combination 
of unsafe conditions and practices, exist such that there is 
a substantial risk of death or personal injury. 
‘‘(2) NOTICE.—The notice of restriction or prohibition shall 
describe the condition or practice, the subsequent risk and 
the standards and procedures required to address the restric-
tion or prohibition. 
‘‘(3) CONTINUED
AUTHORITY.—Nothing in this subsection 
shall be construed as limiting the Secretary’s authority to main-
tain a restriction or prohibition for as long as is necessary 
to ensure that the risk has been substantially addressed.’’. 
SEC. 3014. APPORTIONMENTS. 
Section 5336 of title 49, United States Code, is amended— 
(1) in subsection (a) in the matter preceding paragraph 
(1) by striking ‘‘subsection (h)(4)’’ and inserting ‘‘subsection 
(h)(5)’’; 
(2) in subsection (b)(2)(E) by striking ‘‘22.27 percent’’ and 
inserting ‘‘27 percent’’; and 
(3) in subsection (h)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) $30,000,000 shall be set aside each fiscal year to carry 
out section 5307(h);’’; and 
(B) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) of amounts not apportioned under paragraphs (1) and 
(2)— 
‘‘(A) for fiscal years 2016 through 2018, 1.5 percent 
shall be apportioned to urbanized areas with populations 
of less than 200,000 in accordance with subsection (i); 
and 
‘‘(B) for fiscal years 2019 and 2020, 2 percent shall 
be apportioned to urbanized areas with populations of less 
than 200,000 in accordance with subsection (i);’’. 
SEC. 3015. STATE OF GOOD REPAIR GRANTS. 
(a) IN GENERAL.—Section 5337 of title 49, United States Code, 
is amended— 
(1) in subsection (c)(2)(B), by inserting ‘‘the provisions of’’ 
before ‘‘section 5336(b)(1)’’; 
(2) in subsection (d)— 
(A) in paragraph (2) by inserting ‘‘vehicle’’ after 
‘‘motorbus’’; and 
(B) by adding at the end the following: 
‘‘(5) USE OF FUNDS.—Amounts apportioned under this sub-
section may be used for any project that is an eligible project 
under subsection (b)(1).’’; and 
(3) by adding at the end the following: 
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129 STAT. 1479 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(e) GOVERNMENT SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under 
this section shall be for 80 percent of the net project cost 
of the project. The recipient may provide additional local 
matching amounts. 
‘‘(2) REMAINING COSTS.—The remainder of the net project 
cost shall be provided— 
‘‘(A) in cash from non-Government sources; 
‘‘(B) from revenues derived from the sale of advertising 
and concessions; or 
‘‘(C) from an undistributed cash surplus, a replacement 
or depreciation cash fund or reserve, or new capital.’’. 
(b) CONFORMING AMENDMENTS.—Section 5337 of such title is 
further amended— 
(1) in subsection (c)(1) by striking ‘‘5338(a)(2)(I)’’ and 
inserting ‘‘5338(a)(2)(K)’’; and 
(2) in subsection (d)(2) by striking ‘‘5338(a)(2)(I)’’ and 
inserting ‘‘5338(a)(2)(K)’’. 
SEC. 3016. AUTHORIZATIONS. 
Section 5338 of title 49, United States Code, is amended to 
read as follows: 
‘‘SEC. 5338. AUTHORIZATIONS. 
‘‘(a) GRANTS.— 
‘‘(1) IN GENERAL.—There shall be available from the Mass 
Transit Account of the Highway Trust Fund to carry out sec-
tions 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 
5339, and 5340, section 20005(b) of the Federal Public 
Transportation Act of 2012, and sections 3006(b) of the Federal 
Public Transportation Act of 2015— 
‘‘(A) $9,347,604,639 for fiscal year 2016; 
‘‘(B) $9,534,706,043 for fiscal year 2017; 
‘‘(C) $9,733,353,407 for fiscal year 2018; 
‘‘(D) $9,939,380,030 for fiscal year 2019; and 
‘‘(E) $10,150,348,462 for fiscal year 2020. 
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made avail-
able under paragraph (1)— 
‘‘(A) $130,732,000 for fiscal year 2016, $133,398,933 
for fiscal year 2017, $136,200,310 for fiscal year 2018, 
$139,087,757 for fiscal year 2019, and $142,036,417 for 
fiscal year 2020, shall be available to carry out section 
5305; 
‘‘(B) $10,000,000 for each of fiscal years 2016 through 
2020 shall be available to carry out section 20005(b) of 
the Federal Public Transportation Act of 2012; 
‘‘(C) $4,538,905,700 for fiscal year 2016, $4,629,683,814 
for fiscal year 2017, $4,726,907,174 for fiscal year 2018, 
$4,827,117,606 for fiscal year 2019, and $4,929,452,499 
for fiscal year 2020 shall be allocated in accordance with 
section 5336 to provide financial assistance for urbanized 
areas under section 5307; 
‘‘(D) $262,949,400 for fiscal year 2016, $268,208,388 
for fiscal year 2017, $273,840,764 for fiscal year 2018, 
$279,646,188 for fiscal year 2019, and $285,574,688 for 
fiscal year 2020 shall be available to provide financial 
assistance for services for the enhanced mobility of seniors 
and individuals with disabilities under section 5310; 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(E) $2,000,000 for fiscal year 2016, $3,000,000 for 
fiscal year 2017, $3,250,000 for fiscal year 2018, $3,500,000 
for fiscal year 2019 and $3,500,000 for fiscal year 2020 
shall be available for the pilot program for innovative 
coordinated access and mobility under section 3006(b) of 
the Federal Public Transportation Act of 2015; 
‘‘(F) $619,956,000 for fiscal year 2016, $632,355,120 
for fiscal year 2017, $645,634,578 for fiscal year 2018, 
$659,322,031 for fiscal year 2019, and $673,299,658 for 
fiscal year 2020 shall be available to provide financial 
assistance for rural areas under section 5311, of which 
not less than— 
‘‘(i) $35,000,000 for each of fiscal years 2016 
through 2020 shall be available to carry out section 
5311(c)(1); and 
‘‘(ii) $20,000,000 for each of fiscal years 2016 
through 2020 shall be available to carry out section 
5311(c)(2); 
‘‘(G) $28,000,000 for each of fiscal years 2016 through 
2020 shall be available to carry out section 5312, of which— 
‘‘(i) $3,000,000 for each of fiscal years 2016 through 
2020 shall be available to carry out section 5312(h); 
and 
‘‘(ii) $5,000,000 for each of fiscal years 2016 
through 2020 shall be available to carry out section 
5312(i); 
‘‘(H) $9,000,000 for each of fiscal years 2016 through 
2020 shall be available to carry out section 5314; of which 
$5,000,000 shall be available for the national transit 
institute under section 5314(c); 
‘‘(I) $3,000,000 for each of fiscal years 2016 through 
2020 shall be available for bus testing under section 5318; 
‘‘(J) $4,000,000 for each of fiscal years 2016 through 
2020 shall be available to carry out section 5335; 
‘‘(K) $2,507,000,000 for fiscal year 2016, $2,549,670,000 
for fiscal year 2017, $2,593,703,558 for fiscal year 2018, 
$2,638,366,859 for fiscal year 2019, and $2,683,798,369 
for fiscal year 2020 shall be available to carry out section 
5337; 
‘‘(L) $427,800,000 for fiscal year 2016, $436,356,000 
for fiscal year 2017, $445,519,476 for fiscal year 2018, 
$454,964,489 for fiscal year 2019, and $464,609,736 for 
fiscal year 2020 shall be available for the bus and buses 
facilities program under section 5339(a); 
‘‘(M) $268,000,000 for fiscal year 2016, $283,600,000 
for fiscal year 2017, $301,514,000 for fiscal year 2018, 
$322,059,980 for fiscal year 2019, and $344,044,179 for 
fiscal year 2020 shall be available for buses and bus facili-
ties competitive grants under section 5339(b) and no or 
low emission grants under section 5339(c), of which 
$55,000,000 for each of fiscal years 2016 through 2020 
shall be available to carry out section 5339(c); and 
‘‘(N) $536,261,539 for fiscal year 2016, $544,433,788 
for fiscal year 2017, $552,783,547 for fiscal year 2018, 
$561,315,120 for fiscal year 2019 and $570,032,917 for 
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PUBLIC LAW 114–94—DEC. 4, 2015 
fiscal year 2020, to carry out section 5340 to provide finan-
cial assistance for urbanized areas under section 5307 and 
rural areas under section 5311, of which— 
‘‘(i) $272,297,083 for fiscal year 2016, $279,129,510 
for fiscal year 2017, $286,132,747 for fiscal year 2018, 
$293,311,066 for fiscal year 2019, $300,668,843 for 
fiscal year 2020 shall be for growing States under 
section 5340(c); and 
‘‘(ii) 
$263,964,457 
for 
fiscal 
year 
2016, 
$265,304,279 for fiscal year 2017, $266,650,800 for 
fiscal year 2018, $268,004,054 for fiscal year 2019, 
$269,364,074 for fiscal year 2020 shall be for high 
density States under section 5340(d). 
‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOY-
MENT PROGRAM.—There are authorized to be appropriated to carry 
out section 5312, other than subsections (h) and (i) of that section, 
$20,000,000 for each of fiscal years 2016 through 2020. 
‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.—There are author-
ized to be appropriated to carry out section 5314, $5,000,000 for 
each of fiscal years 2016 through 2020. 
‘‘(d) CAPITAL INVESTMENT GRANTS.—There are authorized to 
be appropriated to carry out section 5309 of this title and section 
3005(b) of the Federal Public Transportation Act of 2015, 
$2,301,785,760 for each of fiscal years 2016 through 2020. 
‘‘(e) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
to carry out section 5334, $115,016,543 for each of fiscal years 
2016 through 2020. 
‘‘(2) SECTION 5329.—Of the amounts authorized to be appro-
priated under paragraph (1), not less than $5,000,000 for each 
of fiscal years 2016 through 2020 shall be available to carry 
out section 5329. 
‘‘(3) SECTION 5326.—Of the amounts made available under 
paragraph (2), not less than $2,000,000 for each of fiscal years 
2016 through 2020 shall be available to carry out section 5326. 
‘‘(f) OVERSIGHT.— 
‘‘(1) IN GENERAL.—Of the amounts made available to carry 
out this chapter for a fiscal year, the Secretary may use not 
more than the following amounts for the activities described 
in paragraph (2): 
‘‘(A) 0.5 percent of amounts made available to carry 
out section 5305. 
‘‘(B) 0.75 percent of amounts made available to carry 
out section 5307. 
‘‘(C) 1 percent of amounts made available to carry 
out section 5309. 
‘‘(D) 1 percent of amounts made available to carry 
out section 601 of the Passenger Rail Investment and 
Improvement Act of 2008 (Public Law 110–432; 126 Stat. 
4968). 
‘‘(E) 0.5 percent of amounts made available to carry 
out section 5310. 
‘‘(F) 0.5 percent of amounts made available to carry 
out section 5311. 
‘‘(G) 1 percent of amounts made available to carry 
out section 5337, of which not less than 0.25 percent of 
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PUBLIC LAW 114–94—DEC. 4, 2015 
amounts made available for this subparagraph shall be 
available to carry out section 5329. 
‘‘(H) 0.75 percent of amounts made available to carry 
out section 5339. 
‘‘(2) ACTIVITIES.—The activities described in this paragraph 
are as follows: 
‘‘(A) Activities to oversee the construction of a major 
capital project. 
‘‘(B) Activities to review and audit the safety and secu-
rity, procurement, management, and financial compliance 
of a recipient or subrecipient of funds under this chapter. 
‘‘(C) Activities to provide technical assistance generally, 
and to provide technical assistance to correct deficiencies 
identified in compliance reviews and audits carried out 
under this section. 
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Government shall 
pay the entire cost of carrying out a contract under this sub-
section. 
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds made avail-
able under paragraph (1)(C) shall be made available to the 
Secretary before allocating the funds appropriated to carry 
out any project under a full funding grant agreement. 
‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
‘‘(1) GRANTS
FINANCED
FROM
HIGHWAY
TRUST
FUND.—A 
grant or contract that is approved by the Secretary and financed 
with amounts made available from the Mass Transit Account 
of the Highway Trust Fund pursuant to this section is a contrac-
tual obligation of the Government to pay the Government share 
of the cost of the project. 
‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or 
contract that is approved by the Secretary and financed with 
amounts appropriated in advance from the General Fund of 
the Treasury pursuant to this section is a contractual obligation 
of the Government to pay the Government share of the cost 
of the project only to the extent that amounts are appropriated 
for such purpose by an Act of Congress. 
‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts made available by 
or appropriated under this section shall remain available until 
expended.’’. 
SEC. 3017. GRANTS FOR BUSES AND BUS FACILITIES. 
(a) IN GENERAL.—Section 5339 of title 49, United States Code, 
is amended to read as follows: 
‘‘§ 5339. Grants for buses and bus facilities 
‘‘(a) FORMULA GRANTS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘low or no emission vehicle’ has the 
meaning given that term in subsection (c)(1); 
‘‘(B) the term ‘State’ means a State of the United 
States; and 
‘‘(C) the term ‘territory’ means the District of Columbia, 
Puerto Rico, the Northern Mariana Islands, Guam, Amer-
ican Samoa, and the United States Virgin Islands. 
‘‘(2) GENERAL AUTHORITY.—The Secretary may make grants 
under this subsection to assist eligible recipients described 
in paragraph (4)(A) in financing capital projects— 
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129 STAT. 1483 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) to replace, rehabilitate, and purchase buses and 
related equipment, including technological changes or 
innovations to modify low or no emission vehicles or facili-
ties; and 
‘‘(B) to construct bus-related facilities. 
‘‘(3) GRANT REQUIREMENTS.—The requirements of— 
‘‘(A) section 5307 shall apply to recipients of grants 
made in urbanized areas under this subsection; and 
‘‘(B) section 5311 shall apply to recipients of grants 
made in rural areas under this subsection. 
‘‘(4) ELIGIBLE RECIPIENTS.— 
‘‘(A) RECIPIENTS.—Eligible recipients under this sub-
section are— 
‘‘(i) designated recipients that allocate funds to 
fixed route bus operators; or 
‘‘(ii) State or local governmental entities that 
operate fixed route bus service. 
‘‘(B) SUBRECIPIENTS.—A recipient that receives a grant 
under this subsection may allocate amounts of the grant 
to subrecipients that are public agencies or private non-
profit organizations engaged in public transportation. 
‘‘(5) DISTRIBUTION
OF
GRANT
FUNDS.—Funds allocated 
under section 5338(a)(2)(L) shall be distributed as follows: 
‘‘(A) NATIONAL DISTRIBUTION.—$90,500,000 for each of 
fiscal years 2016 through 2020 shall be allocated to all 
States and territories, with each State receiving $1,750,000 
for each such fiscal year and each territory receiving 
$500,000 for each such fiscal year. 
‘‘(B) DISTRIBUTION USING POPULATION AND SERVICE FAC-
TORS.—The remainder of the funds not otherwise distrib-
uted under subparagraph (A) shall be allocated pursuant 
to the formula set forth in section 5336 other than sub-
section (b). 
‘‘(6) TRANSFERS OF APPORTIONMENTS.— 
‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL DISTRIBUTION 
FUNDS.—The Governor of a State may transfer any part 
of the State’s apportionment under paragraph (5)(A) to 
supplement amounts apportioned to the State under section 
5311(c) or amounts apportioned to urbanized areas under 
subsections (a) and (c) of section 5336. 
‘‘(B) TRANSFER
FLEXIBILITY
FOR
POPULATION
AND 
SERVICE FACTORS FUNDS.—The Governor of a State may 
expend in an urbanized area with a population of less 
than 200,000 any amounts apportioned under paragraph 
(5)(B) that are not allocated to designated recipients in 
urbanized areas with a population of 200,000 or more. 
‘‘(7) GOVERNMENT SHARE OF COSTS.— 
‘‘(A) CAPITAL PROJECTS.—A grant for a capital project 
under this subsection shall be for 80 percent of the net 
capital costs of the project. A recipient of a grant under 
this subsection may provide additional local matching 
amounts. 
‘‘(B) REMAINING
COSTS.—The remainder of the net 
project cost shall be provided— 
‘‘(i) in cash from non-Government sources other 
than revenues from providing public transportation 
services; 
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129 STAT. 1484 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ii) from revenues derived from the sale of adver-
tising and concessions; 
‘‘(iii) from an undistributed cash surplus, a replace-
ment or depreciation cash fund or reserve, or new 
capital; 
‘‘(iv) from amounts received under a service agree-
ment with a State or local social service agency or 
private social service organization; or 
‘‘(v) from revenues generated from value capture 
financing mechanisms. 
‘‘(8) PERIOD
OF
AVAILABILITY
TO
RECIPIENTS.—Amounts 
made available under this subsection may be obligated by a 
recipient for 3 fiscal years after the fiscal year in which the 
amount is apportioned. Not later than 30 days after the end 
of the 3-fiscal-year period described in the preceding sentence, 
any amount that is not obligated on the last day of such 
period shall be added to the amount that may be apportioned 
under this subsection in the next fiscal year. 
‘‘(9) PILOT PROGRAM FOR COST-EFFECTIVE CAPITAL INVEST-
MENT.— 
‘‘(A) IN
GENERAL.—For each of fiscal years 2016 
through 2020, the Secretary shall carry out a pilot program 
under which an eligible recipient (as described in paragraph 
(4)) in an urbanized area with population of not less than 
200,000 and not more than 999,999 may elect to participate 
in a State pool in accordance with this paragraph. 
‘‘(B) PURPOSE OF STATE POOLS.—The purpose of a State 
pool shall be to allow for transfers of formula grant funds 
made available under this subsection among the designated 
recipients participating in the State pool in a manner that 
supports the transit asset management plans of the des-
ignated recipients under section 5326. 
‘‘(C) REQUESTS
FOR
PARTICIPATION.—A State, and 
eligible recipients in the State described in subparagraph 
(A), may submit to the Secretary a request for participation 
in the program under procedures to be established by the 
Secretary. An eligible recipient for a multistate area may 
participate in only 1 State pool. 
‘‘(D) ALLOCATIONS TO PARTICIPATING STATES.—For each 
fiscal year, the Secretary shall allocate to each State 
participating in the program the total amount of funds 
that otherwise would be allocated to the urbanized areas 
of the eligible recipients participating in the State’s pool 
for that fiscal year pursuant to the formulas referred to 
in paragraph (5). 
‘‘(E) ALLOCATIONS TO ELIGIBLE RECIPIENTS IN STATE 
POOLS.—A State shall distribute the amount that is allo-
cated to the State for a fiscal year under subparagraph 
(D) among the eligible recipients participating in the State’s 
pool in a manner that supports the transit asset manage-
ment plans of the recipients under section 5326. 
‘‘(F) ALLOCATION PLANS.—A State participating in the 
program shall develop an allocation plan for the period 
of fiscal years 2016 through 2020 to ensure that an eligible 
recipient participating in the State’s pool receives under 
the program an amount of funds that equals the amount 
of funds that would have otherwise been available to the 
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PUBLIC LAW 114–94—DEC. 4, 2015 
eligible recipient for that period pursuant to the formulas 
referred to in paragraph (5). 
‘‘(G) GRANTS.—The Secretary shall make grants under 
this subsection for a fiscal year to an eligible recipient 
participating in a State pool following notification by the 
State of the allocation amount determined under subpara-
graph (E). 
‘‘(b) BUSES AND BUS FACILITIES COMPETITIVE GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary may make grants under 
this subsection to eligible recipients (as described in subsection 
(a)(4)) to assist in the financing of buses and bus facilities 
capital projects, including— 
‘‘(A) replacing, rehabilitating, purchasing, or leasing 
buses or related equipment; and 
‘‘(B) rehabilitating, purchasing, constructing, or leasing 
bus-related facilities. 
‘‘(2) GRANT CONSIDERATIONS.—In making grants under this 
subsection, the Secretary shall consider the age and condition 
of buses, bus fleets, related equipment, and bus-related facili-
ties. 
‘‘(3) STATEWIDE
APPLICATIONS.—A State may submit a 
statewide application on behalf of a public agency or private 
nonprofit organization engaged in public transportation in rural 
areas or other areas for which the State allocates funds. The 
submission of a statewide application shall not preclude the 
submission and consideration of any application under this 
subsection from other eligible recipients (as described in sub-
section (a)(4)) in an urbanized area in a State. 
‘‘(4) REQUIREMENTS FOR THE SECRETARY.—The Secretary 
shall— 
‘‘(A) disclose all metrics and evaluation procedures to 
be used in considering grant applications under this sub-
section upon issuance of the notice of funding availability 
in the Federal Register; and 
‘‘(B) publish a summary of final scores for selected 
projects, metrics, and other evaluations used in awarding 
grants under this subsection in the Federal Register. 
‘‘(5) RURAL PROJECTS.—Not less than 10 percent of the 
amounts made available under this subsection in a fiscal year 
shall be distributed to projects in rural areas. 
‘‘(6) GRANT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A grant under this subsection shall 
be subject to the requirements of— 
‘‘(i) section 5307 for eligible recipients of grants 
made in urbanized areas; and 
‘‘(ii) section 5311 for eligible recipients of grants 
made in rural areas. 
‘‘(B) GOVERNMENT SHARE OF COSTS.—The Government 
share of the cost of an eligible project carried out under 
this subsection shall not exceed 80 percent. 
‘‘(7) AVAILABILITY OF FUNDS.—Any amounts made available 
to carry out this subsection— 
‘‘(A) shall remain available for 3 fiscal years after 
the fiscal year for which the amount is made available; 
and 
‘‘(B) that remain unobligated at the end of the period 
described in subparagraph (A) shall be added to the amount 
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PUBLIC LAW 114–94—DEC. 4, 2015 
made available to an eligible project in the following fiscal 
year. 
‘‘(8) LIMITATION.—Of the amounts made available under 
this subsection, not more than 10 percent may be awarded 
to a single grantee. 
‘‘(c) LOW OR NO EMISSION GRANTS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘direct carbon emissions’ means the 
quantity of direct greenhouse gas emissions from a vehicle, 
as determined by the Administrator of the Environmental 
Protection Agency; 
‘‘(B) the term ‘eligible project’ means a project or pro-
gram of projects in an eligible area for— 
‘‘(i) acquiring low or no emission vehicles; 
‘‘(ii) leasing low or no emission vehicles; 
‘‘(iii) acquiring low or no emission vehicles with 
a leased power source; 
‘‘(iv) constructing facilities and related equipment 
for low or no emission vehicles; 
‘‘(v) leasing facilities and related equipment for 
low or no emission vehicles; 
‘‘(vi) constructing new public transportation facili-
ties to accommodate low or no emission vehicles; or 
‘‘(vii) rehabilitating or improving existing public 
transportation facilities to accommodate low or no 
emission vehicles; 
‘‘(C) the term ‘leased power source’ means a removable 
power source, as defined in subsection (c)(3) of section 
3019 of the Federal Public Transportation Act of 2015 
that is made available through a capital lease under such 
section; 
‘‘(D) the term ‘low or no emission bus’ means a bus 
that is a low or no emission vehicle; 
‘‘(E) the term ‘low or no emission vehicle’ means— 
‘‘(i) a passenger vehicle used to provide public 
transportation that the Secretary determines suffi-
ciently reduces energy consumption or harmful emis-
sions, including direct carbon emissions, when com-
pared to a comparable standard vehicle; or 
‘‘(ii) a zero emission vehicle used to provide public 
transportation; 
‘‘(F) the term ‘recipient’ means a designated recipient, 
a local governmental authority, or a State that receives 
a grant under this subsection for an eligible project; and 
‘‘(G) the term ‘zero emission vehicle’ means a low or 
no emission vehicle that produces no carbon or particulate 
matter. 
‘‘(2) GENERAL AUTHORITY.—The Secretary may make grants 
to recipients to finance eligible projects under this subsection. 
‘‘(3) GRANT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A grant under this subsection shall 
be subject to the requirements of section 5307. 
‘‘(B) GOVERNMENT
SHARE
OF
COSTS
FOR
CERTAIN 
PROJECTS.—Section 5323(i) applies to eligible projects car-
ried out under this subsection, unless the recipient requests 
a lower grant percentage. 
‘‘(C) COMBINATION OF FUNDING SOURCES.— 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) COMBINATION PERMITTED.—An eligible project 
carried out under this subsection may receive funding 
under section 5307 or any other provision of law. 
‘‘(ii) 
GOVERNMENT
SHARE.—Nothing 
in 
this 
subparagraph shall be construed to alter the Govern-
ment share required under paragraph (7), section 5307, 
or any other provision of law. 
‘‘(4) COMPETITIVE PROCESS.—The Secretary shall— 
‘‘(A) not later than 30 days after the date on which 
amounts are made available for obligation under this sub-
section for a full fiscal year, solicit grant applications for 
eligible projects on a competitive basis; and 
‘‘(B) award a grant under this subsection based on 
the solicitation under subparagraph (A) not later than the 
earlier of— 
‘‘(i) 75 days after the date on which the solicitation 
expires; or 
‘‘(ii) the end of the fiscal year in which the Sec-
retary solicited the grant applications. 
‘‘(5) CONSIDERATION.—In awarding grants under this sub-
section, the Secretary shall only consider eligible projects 
relating to the acquisition or leasing of low or no emission 
buses or bus facilities that— 
‘‘(A) make greater reductions in energy consumption 
and harmful emissions, including direct carbon emissions, 
than comparable standard buses or other low or no emis-
sion buses; and 
‘‘(B) are part of a long-term integrated fleet manage-
ment plan for the recipient. 
‘‘(6) AVAILABILITY OF FUNDS.—Any amounts made available 
to carry out this subsection— 
‘‘(A) shall remain available to an eligible project for 
3 fiscal years after the fiscal year for which the amount 
is made available; and 
‘‘(B) that remain unobligated at the end of the period 
described in subparagraph (A) shall be added to the amount 
made available to an eligible project in the following fiscal 
year. 
‘‘(7) GOVERNMENT SHARE OF COSTS.— 
‘‘(A) IN GENERAL.—The Federal share of the cost of 
an eligible project carried out under this subsection shall 
not exceed 80 percent. 
‘‘(B) NON-FEDERAL SHARE.—The non-Federal share of 
the cost of an eligible project carried out under this sub-
section may be derived from in-kind contributions.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis 
for chapter 53 of title 49, United States Code, is amended by 
striking the item relating to section 5339 and inserting the fol-
lowing: 
‘‘5339. Grants for buses and bus facilities.’’. 
SEC. 3018. OBLIGATION CEILING. 
Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit 
Account of the Highway Trust Fund by subsection (a) of section 
5338 of title 49, United States Code, and section 3028 of the 
Federal Public Transportation Act of 2015 shall not exceed— 
49 USC 5338 
note. 
49 USC 
prec. 5301. 
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129 STAT. 1488 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) $9,347,604,639 in fiscal year 2016; 
(2) $9,733,706,043 in fiscal year 2017; 
(3) $9,733,353,407 in fiscal year 2018; 
(4) $9,939,380,030 in fiscal year 2019; and 
(5) $10,150,348,462 in fiscal year 2020. 
SEC. 3019. INNOVATIVE PROCUREMENT. 
(a) DEFINITION.—In this section, the term ‘‘grantee’’ means 
a recipient or subrecipient of assistance under chapter 53 of title 
49, United States Code. 
(b) COOPERATIVE PROCUREMENT.— 
(1) DEFINITIONS; GENERAL RULES.— 
(A) DEFINITIONS.—In this subsection— 
(i) the term ‘‘cooperative procurement contract’’ 
means a contract— 
(I) entered into between a State government 
or eligible nonprofit entity and 1 or more vendors; 
and 
(II) under which the vendors agree to provide 
an option to purchase rolling stock and related 
equipment to multiple participants; 
(ii) the term ‘‘eligible nonprofit entity’’ means— 
(I) 
a 
nonprofit 
cooperative 
purchasing 
organization that is not a grantee; or 
(II) a consortium of entities described in sub-
clause (I); 
(iii) the terms ‘‘lead nonprofit entity’’ and ‘‘lead 
procurement agency’’ mean an eligible nonprofit entity 
or a State government, respectively, that acts in an 
administrative capacity on behalf of each participant 
in a cooperative procurement contract; 
(iv) the term ‘‘participant’’ means a grantee that 
participates in a cooperative procurement contract; and 
(v) the term ‘‘participate’’ means to purchase 
rolling stock and related equipment under a coopera-
tive procurement contract using assistance provided 
under chapter 53 of title 49, United States Code. 
(B) GENERAL RULES.— 
(i) PROCUREMENT
NOT
LIMITED
TO
INTRASTATE 
PARTICIPANTS.—A 
grantee 
may 
participate 
in 
a 
cooperative procurement contract without regard to 
whether the grantee is located in the same State as 
the parties to the contract. 
(ii) VOLUNTARY
PARTICIPATION.—Participation by 
grantees in a cooperative procurement contract shall 
be voluntary. 
(iii) CONTRACT
TERMS.—The lead procurement 
agency or lead nonprofit entity for a cooperative 
procurement contract shall develop the terms of the 
contract. 
(iv) DURATION.—A cooperative procurement con-
tract— 
(I) subject to subclauses (II) and (III), may 
be for an initial term of not more than 2 years; 
(II) may include not more than 3 optional 
extensions for terms of not more than 1 year each; 
and 
49 USC 5325 
note. 
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129 STAT. 1489 
PUBLIC LAW 114–94—DEC. 4, 2015 
(III) may be in effect for a total period of 
not more than 5 years, including each extension 
authorized under subclause (II). 
(v) ADMINISTRATIVE
EXPENSES.—A lead procure-
ment agency or lead nonprofit entity, as applicable, 
that enters into a cooperative procurement contract— 
(I) may charge the participants in the contract 
for the cost of administering, planning, and pro-
viding technical assistance for the contract in an 
amount that is not more than 1 percent of the 
total value of the contract; and 
(II) with respect to the cost described in sub-
clause (I), may incorporate the cost into the price 
of the contract or directly charge the participants 
for the cost, but not both. 
(2) STATE COOPERATIVE PROCUREMENT SCHEDULES.— 
(A) AUTHORITY.—A State government may enter into 
a cooperative procurement contract with 1 or more vendors 
if— 
(i) the vendors agree to provide an option to pur-
chase rolling stock and related equipment to the State 
government and any other participant; and 
(ii) the State government acts throughout the term 
of the contract as the lead procurement agency. 
(B) APPLICABILITY OF POLICIES AND PROCEDURES.—In 
procuring rolling stock and related equipment under a 
cooperative procurement contract under this subsection, 
a State government shall comply with the policies and 
procedures that apply to procurement by the State govern-
ment when using non-Federal funds, to the extent that 
the policies and procedures are in conformance with 
applicable Federal law. 
(3) PILOT PROGRAM FOR NONPROFIT COOPERATIVE PROCURE-
MENTS.— 
(A) ESTABLISHMENT.—The Secretary shall establish 
and carry out a pilot program to demonstrate the effective-
ness of cooperative procurement contracts administered by 
eligible nonprofit entities. 
(B) DESIGNATION.—In carrying out the program under 
this paragraph, the Secretary shall designate not less than 
3 eligible nonprofit entities to enter into a cooperative 
procurement contract under which the eligible nonprofit 
entity acts throughout the term of the contract as the 
lead nonprofit entity. 
(C) NOTICE
OF
INTENT
TO
PARTICIPATE.—At a time 
determined appropriate by the lead nonprofit entity, each 
participant in a cooperative procurement contract under 
this paragraph shall submit to the lead nonprofit entity 
a nonbinding notice of intent to participate. 
(4) JOINT PROCUREMENT CLEARINGHOUSE.— 
(A) IN
GENERAL.—The Secretary shall establish a 
clearinghouse for the purpose of allowing grantees to aggre-
gate planned rolling stock purchases and identify joint 
procurement participants. 
(B) NONPROFIT
CONSULTATION.—In establishing the 
clearinghouse under subparagraph (A), the Secretary may 
consult with nonprofit entities with expertise in public 
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129 STAT. 1490 
PUBLIC LAW 114–94—DEC. 4, 2015 
transportation or procurement, and other stakeholders as 
the Secretary determines appropriate. 
(C) INFORMATION
ON
PROCUREMENTS.—The clearing-
house may include information on bus size, engine type, 
floor type, and any other attributes necessary to identify 
joint procurement participants. 
(D) LIMITATIONS.— 
(i) ACCESS.—The clearinghouse shall only be acces-
sible to the Federal Transit Administration, a nonprofit 
entity coordinating for such clearinghouse with the 
Secretary, and grantees. 
(ii) PARTICIPATION.—No grantee shall be required 
to submit procurement information to the database. 
(c) LEASING ARRANGEMENTS.— 
(1) CAPITAL LEASE DEFINED.— 
(A) IN GENERAL.—In this subsection, the term ‘‘capital 
lease’’ means any agreement under which a grantee 
acquires the right to use rolling stock or related equipment 
for a specified period of time, in exchange for a periodic 
payment. 
(B) MAINTENANCE.—A capital lease may require that 
the lessor provide maintenance of the rolling stock or 
related equipment covered by the lease. 
(2) PROGRAM TO SUPPORT INNOVATIVE LEASING ARRANGE-
MENTS.— 
(A) AUTHORITY.—A grantee may use assistance pro-
vided under chapter 53 of title 49, United States Code, 
to enter into a capital lease if— 
(i) the rolling stock or related equipment covered 
under the lease is eligible for capital assistance under 
such chapter; and 
(ii) there is or will be no Federal interest in the 
rolling stock or related equipment covered under the 
lease as of the date on which the lease takes effect. 
(B) GRANTEE REQUIREMENTS.—A grantee that enters 
into a capital lease shall— 
(i) maintain an inventory of the rolling stock or 
related equipment acquired under the lease; and 
(ii) maintain on the accounting records of the 
grantee the liability of the grantee under the lease. 
(C) ELIGIBLE
LEASE
COSTS.—The costs for which a 
grantee may use assistance under chapter 53 of title 49, 
United States Code, with respect to a capital lease, 
include— 
(i) the cost of the rolling stock or related equip-
ment; 
(ii) associated financing costs, including interest, 
legal fees, and financial advisor fees; 
(iii) ancillary costs such as delivery and installa-
tion charges; and 
(iv) maintenance costs. 
(D) TERMS.—A grantee shall negotiate the terms of 
any lease agreement that the grantee enters into. 
(E) APPLICABILITY OF PROCUREMENT REQUIREMENTS.— 
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129 STAT. 1491 
PUBLIC LAW 114–94—DEC. 4, 2015 
(i) LEASE
REQUIREMENTS.—Part 639 of title 49, 
Code of Federal Regulations, or any successor regula-
tion, and implementing guidance applicable to leasing 
shall not apply to a capital lease. 
(ii) BUY AMERICA.—The requirements under sec-
tion 5323(j) of title 49, United States Code, shall apply 
to a capital lease. 
(3) CAPITAL LEASING OF CERTAIN ZERO EMISSION VEHICLE 
COMPONENTS.— 
(A) DEFINITIONS.—In this paragraph— 
(i) the term ‘‘removable power source’’— 
(I) means a power source that is separately 
installed in, and removable from, a zero emission 
vehicle; and 
(II) may include a battery, a fuel cell, an ultra- 
capacitor, or other advanced power source used 
in a zero emission vehicle; and 
(ii) the term ‘‘zero emission vehicle’’ has the 
meaning given the term in section 5339(c) of title 49, 
United States Code. 
(B) LEASED
POWER
SOURCES.—Notwithstanding any 
other provision of law, for purposes of this subsection, 
the cost of a removable power source that is necessary 
for the operation of a zero emission vehicle shall not be 
treated as part of the cost of the vehicle if the removable 
power source is acquired using a capital lease. 
(C) ELIGIBLE CAPITAL LEASE.—A grantee may acquire 
a removable power source by itself through a capital lease. 
(D) PROCUREMENT REGULATIONS.—For purposes of this 
section, a removable power source shall be subject to section 
200.88 of title 2, Code of Federal Regulations. 
(4) REPORTING REQUIREMENT.—Not later than 3 years after 
the date on which a grantee enters into a capital lease under 
this subsection, the grantee shall submit to the Secretary a 
report that contains— 
(A) an evaluation of the overall costs and benefits 
of leasing rolling stock; and 
(B) a comparison of the expected short-term and long- 
term maintenance costs of leasing versus buying rolling 
stock. 
(5) REPORT.—The Secretary shall make publicly available 
an annual report on this subsection for each fiscal year, not 
later than December 31 of the calendar year in which that 
fiscal year ends. The report shall include a detailed description 
of the activities carried out under this subsection, and evalua-
tion of the program including the evaluation of the data 
reported in paragraph (4). 
(d) BUY AMERICA.—The requirements of section 5323(j) of title 
49, United States Code, shall apply to all procurements under 
this section. 
SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS. 
(a) REVIEW REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Secretary shall begin a review 
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129 STAT. 1492 
PUBLIC LAW 114–94—DEC. 4, 2015 
of the safety standards and protocols used in public transpor-
tation systems in the United States that examines the efficacy 
of existing standards and protocols. 
(2) CONTENTS OF REVIEW.—In conducting the review under 
this paragraph, the Secretary shall review— 
(A) minimum safety performance standards developed 
by the public transportation industry; 
(B) safety performance standards, practices, or proto-
cols in use by rail fixed guideway public transportation 
systems, including— 
(i) written emergency plans and procedures for 
passenger evacuations; 
(ii) training programs to ensure public transpor-
tation personnel compliance and readiness in emer-
gency situations; 
(iii) coordination plans approved by recipients with 
local emergency responders having jurisdiction over 
a rail fixed guideway public transportation system, 
including— 
(I) emergency preparedness training, drills, 
and 
familiarization 
programs 
for 
the 
first 
responders; and 
(II) the scheduling of regular field exercises 
to ensure appropriate response and effective radio 
and public safety communications; 
(iv) maintenance, testing, and inspection programs 
to ensure the proper functioning of— 
(I) tunnel, station, and vehicle ventilation sys-
tems; 
(II) signal and train control systems, track, 
mechanical systems, and other infrastructure; and 
(III) other systems as necessary; 
(v) certification requirements for train and bus 
operators and control center employees; 
(vi) consensus-based standards, practices, or proto-
cols available to the public transportation industry; 
and 
(vii) any other standards, practices, or protocols 
the Secretary determines appropriate; and 
(C) rail and bus safety standards, practices, or protocols 
in use by public transportation systems, regarding— 
(i) rail and bus design and the workstation of 
rail and bus operators, as it relates to— 
(I) the reduction of blindspots that contribute 
to accidents involving pedestrians; and 
(II) protecting rail and bus operators from the 
risk of assault; 
(ii) scheduling fixed route rail and bus service 
with adequate time and access for operators to use 
restroom facilities; 
(iii) fatigue management; and 
(iv) crash avoidance and worthiness. 
(b) EVALUATION.—After conducting the review under subsection 
(a), the Secretary shall, in consultation with representatives of 
the public transportation industry, evaluate the need to establish 
additional Federal minimum public transportation safety standards. 
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129 STAT. 1493 
PUBLIC LAW 114–94—DEC. 4, 2015 
(c) REPORT.—After completing the review and evaluation 
required under subsections (a) and (b), and not later than 1 year 
after the date of enactment of this Act, the Secretary shall make 
available on a publicly accessible Web site, a report that includes— 
(1) findings based on the review conducted under subsection 
(a); 
(2) the outcome of the evaluation conducted under sub-
section (b); 
(3) a comprehensive set of recommendations to improve 
the safety of the public transportation industry, including rec-
ommendations for statutory changes if applicable; and 
(4) actions that the Secretary will take to address the 
recommendations provided under paragraph (3), including, if 
necessary, the authorities under section 5329(b)(2)(D) of title 
49, United States Code. 
SEC. 3021. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC 
TRANSPORTATION SAFETY PROGRAM INFORMATION. 
(a) STUDY.—The Secretary shall enter into an agreement with 
the Transportation Research Board of the National Academies of 
Sciences, Engineering, and Medicine, to conduct a study to evaluate 
whether it is in the public interest, including public safety and 
the legal rights of persons injured in public transportation accidents, 
to withhold from discovery or admission into evidence in a Federal 
or State court proceeding any plan, report, data, or other informa-
tion or portion thereof, submitted to, developed, produced, collected, 
or obtained by the Secretary or the Secretary’s representative for 
purposes of complying with the requirements under section 5329 
of title 49, United States Code, including information related to 
a recipient’s safety plan, safety risks, and mitigation measures. 
(b) COORDINATION.—In conducting the study under subsection 
(a), the Transportation Research Board shall coordinate with the 
legal research entities of the National Academies of Sciences, 
Engineering, and Medicine, including the Committee on Law and 
Justice and the Committee on Science, Technology, and Law, and 
include members of those committees on the research committee 
established for the purposes of this section. 
(c) INPUT.—In conducting the study under subsection (a), the 
relevant 
entities 
of 
the 
National 
Academies 
of 
Sciences, 
Engineering, and Medicine shall solicit input from the public 
transportation recipients, public transportation nonprofit employee 
labor organizations, and impacted members of the general public. 
(d) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the National Academies of Sciences, Engineering, 
and Medicine shall issue a report, with the findings of the study 
under subsection (a), including any recommendations on statutory 
changes regarding evidentiary protections that will increase public 
transportation safety. 
SEC. 3022. IMPROVED PUBLIC TRANSPORTATION SAFETY MEASURES. 
(a) REQUIREMENTS.—Not later than 90 days after publication 
of the report required in section 3020, the Secretary shall issue 
a notice of proposed rulemaking on protecting public transportation 
operators from the risk of assault. 
(b) CONSIDERATION.—In the proposed rulemaking, the Secretary 
shall consider— 
(1) different safety needs of drivers of different modes; 
(2) differences in operating environments; 
49 USC 5329 
note. 
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129 STAT. 1494 
PUBLIC LAW 114–94—DEC. 4, 2015 
(3) the use of technology to mitigate driver assault risks; 
(4) existing experience, from both agencies and operators 
that already are using or testing driver assault mitigation 
infrastructure; and 
(5) the impact of the rule on future rolling stock procure-
ments and vehicles currently in revenue service. 
(c) SAVINGS CLAUSE.—Nothing in this section may be construed 
as prohibiting the Secretary from issuing different comprehensive 
worker protections, including standards for mitigating assaults. 
SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDI-
NATED PLAN. 
Notwithstanding the provisions of section 37.131(c) of title 49, 
Code of Federal Regulations, any paratransit system currently 
coordinating complementary paratransit service for more than 40 
fixed route agencies shall be permitted to continue using an existing 
tiered, distance-based coordinated paratransit fare system, if the 
fare for the existing tiered, distance-based coordinated paratransit 
fare system is not increased by a greater percentage than any 
increase to the fixed route fare for the largest transit agency in 
the complementary paratransit service area. 
SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS. 
(a) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary shall submit to Congress a report 
on the potential of the Internet of Things to improve transportation 
services in rural, suburban, and urban areas. 
(b) CONTENTS.—The report required under subsection (a) shall 
include— 
(1) a survey of the communities, cities, and States that 
are using innovative transportation systems to meet the needs 
of ageing populations; 
(2) best practices to protect privacy and security, as deter-
mined as a result of such survey; and 
(3) recommendations with respect to the potential of the 
Internet of Things to assist local, State, and Federal planners 
to develop more efficient and accurate projections of the 
transportation needs of rural, suburban, and urban commu-
nities. 
SEC. 3025. REPORT ON PARKING SAFETY. 
(a) STUDY.—The Secretary shall conduct a study on the safety 
of certain transportation facilities and locations, focusing on any 
property damage, injuries, deaths, and other incidents that occur 
or originate at locations intended to encourage public use of alter-
native transportation, including— 
(1) carpool lots; 
(2) mass transit lots; 
(3) local, State, or regional rail stations; 
(4) rest stops; 
(5) college or university lots; 
(6) bike paths or walking trails; and 
(7) any other locations that the Secretary considers appro-
priate. 
(b) REPORT.—Not later than 8 months after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
42 USC 12143 
note. 
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129 STAT. 1495 
PUBLIC LAW 114–94—DEC. 4, 2015 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Banking, Housing, and Urban Affairs 
of the Senate a report on the results of the study. 
(c) RECOMMENDATIONS.—The Secretary shall include in the 
report recommendations to Congress on the best ways to use innova-
tive technologies to increase safety and ensure a better response 
by transit security and local, State, and Federal law enforcement 
to address threats to public safety. 
SEC. 3026. APPOINTMENT OF DIRECTORS OF WASHINGTON METRO-
POLITAN AREA TRANSIT AUTHORITY. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) COMPACT.—The term ‘‘Compact’’ means the Washington 
Metropolitan Area Transit Authority Compact (Public Law 89– 
774; 80 Stat. 1324). 
(2) FEDERAL
DIRECTOR.—The term ‘‘Federal Director’’ 
means— 
(A) a voting member of the Board of Directors of the 
Transit Authority who represents the Federal Government; 
and 
(B) a nonvoting member of the Board of Directors 
of the Transit Authority who serves as an alternate for 
a member described in subparagraph (A). 
(3) TRANSIT
AUTHORITY.—The term ‘‘Transit Authority’’ 
means the Washington Metropolitan Area Transit Authority 
established under Article III of the Compact. 
(b) APPOINTMENT BY SECRETARY OF TRANSPORTATION.— 
(1) IN GENERAL.—For any appointment made on or after 
the date of enactment of this Act, the Secretary of Transpor-
tation shall have sole authority to appoint Federal Directors 
to the Board of Directors of the Transit Authority. 
(2) AMENDMENT
TO
COMPACT.—The signatory parties to 
the Compact shall amend the Compact as necessary in accord-
ance with paragraph (1). 
SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION CHANGES 
AND FUNDING. 
Not later than 18 months after the date of enactment of this 
Act, the Comptroller General shall examine and evaluate the impact 
of the changes that MAP–21 had on public transportation, 
including— 
(1) the ability and effectiveness of public transportation 
agencies to provide public transportation to low-income workers 
in accessing jobs and being able to use reverse commute serv-
ices; 
(2) whether services to low-income riders declined after 
MAP–21 was implemented; and 
(3) if guidance provided by the Federal Transit Administra-
tion encouraged public transportation agencies to maintain and 
support services to low-income riders to allow them to access 
jobs, medical services, and other life necessities. 
SEC. 3028. AUTHORIZATION OF GRANTS FOR POSITIVE TRAIN CON-
TROL. 
(a) IN GENERAL.—There shall be available from the Mass 
Transit Account of the Highway Trust Fund to carry out this 
section $199,000,000 for fiscal year 2017 to assist in financing 
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129 STAT. 1496 
PUBLIC LAW 114–94—DEC. 4, 2015 
the installation of positive train control systems required under 
section 20157 of title 49, United States Code. 
(b) USES.—The amounts made available under subsection (a) 
of this section shall be awarded by the Secretary on a competitive 
basis, and grant funds awarded under this section shall not exceed 
80 percent of the total cost of a project. 
(c) CREDIT ASSISTANCE.—At the request of an eligible applicant 
under this section, the Secretary may use amounts awarded to 
the entity to pay the subsidy and administrative costs necessary 
to provide the entity Federal credit assistance under sections 502 
through 504 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 801 et seq.), with respect to the project 
for which the grant was awarded. 
(d) ELIGIBLE RECIPIENTS.—The amounts made available under 
subsection (a) of this section may be used only to assist a recipient 
of funds under chapter 53 of title 49, United States Code. 
(e) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 
withhold up to 1 percent from the amounts made available under 
subsection (a) of this section for the costs of project management 
oversight of grants authorized under that subsection. 
(f) SAVINGS CLAUSE.—Nothing in this section may be construed 
as authorizing the amounts appropriated under subsection (a) to 
be used for any purpose other than financing the installation of 
positive train control systems. 
(g) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A grant 
that is approved by the Secretary and financed with amounts made 
available from the Mass Transit Account of the Highway Trust 
Fund under this section is a contractual obligation of the Govern-
ment to pay the Government share of the cost of the project. 
(h) AVAILABILITY OF AMOUNTS.—Notwithstanding subsection (j), 
amounts made available under this section shall remain available 
until expended. 
(i) OBLIGATION LIMITATION.—Funds made available under this 
section shall be subject to obligation limit of section 3018 of the 
Federal Public Transportation Act of 2015. 
(j) SUNSET.—The Secretary of Transportation shall provide the 
grants, direct loans, and loan guarantees under subsections (b) 
and (c) by September 30, 2018. 
SEC. 3029. AMENDMENT TO TITLE 5. 
(a) IN GENERAL.—Section 5313 of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘Federal Transit Administrator.’’. 
(b) CONFORMING AMENDMENT.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Federal Transit Adminis-
trator.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the first day of the first pay period beginning 
on or after the first day of the first fiscal year beginning after 
the date of enactment of this Act. 
SEC. 3030. TECHNICAL AND CONFORMING CHANGES. 
(a) REPEAL.—Section 20008(b) of MAP–21 (49 U.S.C. 5309 note) 
is repealed. 
(b) REPEAL SECTION 5313.—Section 5313 of title 49, United 
States Code, and the item relating to that section in the analysis 
for chapter 53 of such title, are repealed. 
49 USC 
prec. 5301. 
5 USC 5313 note. 
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129 STAT. 1497 
PUBLIC LAW 114–94—DEC. 4, 2015 
(c) REPEAL OF SECTION 5319.—Section 5319 of title 49, United 
States Code, and the item relating to that section in the analysis 
for chapter 53 of such title, are repealed. 
(d) REPEAL OF SECTION 5322.—Section 5322 of title 49, United 
States Code, and the item relating to that section in the analysis 
for chapter 53 of such title, are repealed. 
(e) SECTION 5325.—Section 5325 of title 49, United States Code 
is amended— 
(1) in subsection (e)(2), by striking ‘‘at least two’’; and 
(2) in subsection (h), by striking ‘‘Federal Public Transpor-
tation Act of 2012’’ and inserting ‘‘Federal Public Transportation 
Act of 2015’’. 
(f) SECTION 5340.—Section 5340 of title 49, United States Code, 
is amended— 
(1) by striking subsection (b); and 
(2) by inserting the following: 
‘‘(b) ALLOCATION.—The Secretary shall apportion the amounts 
made available under section 5338(b)(2)(N) in accordance with sub-
section (c) and subsection (d).’’. 
(g) CHAPTER 105 OF TITLE 49, UNITED STATES CODE.—Section 
10501(c) of title 49, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)(i), by striking ‘‘section 5302(a)’’ 
and inserting ‘‘section 5302’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘mass transportation’’ and inserting 
‘‘public transportation’’; and 
(ii) by striking ‘‘section 5302(a)’’ and inserting ‘‘sec-
tion 5302’’; and 
(2) in paragraph (2)(A), by striking ‘‘mass transportation’’ 
and inserting ‘‘public transportation’’. 
TITLE IV—HIGHWAY TRAFFIC SAFETY 
SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account): 
(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section 
402 of title 23, United States Code— 
(A) $243,500,000 for fiscal year 2016; 
(B) $252,300,000 for fiscal year 2017; 
(C) $261,200,000 for fiscal year 2018; 
(D) $270,400,000 for fiscal year 2019; and 
(E) $279,800,000 for fiscal year 2020. 
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For 
carrying out section 403 of title 23, United States Code— 
(A) $137,800,000 for fiscal year 2016; 
(B) $140,700,000 for fiscal year 2017; 
(C) $143,700,000 for fiscal year 2018; 
(D) $146,700,000 for fiscal year 2019; and 
(E) $149,800,000 for fiscal year 2020. 
(3) NATIONAL PRIORITY SAFETY PROGRAMS.—For carrying 
out section 405 of title 23, United States Code— 
(A) $274,700,000 for fiscal year 2016; 
(B) $277,500,000 for fiscal year 2017; 
49 USC 
prec. 5301. 
49 USC 
prec. 5301. 
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129 STAT. 1498 
PUBLIC LAW 114–94—DEC. 4, 2015 
(C) $280,200,000 for fiscal year 2018; 
(D) $283,000,000 for fiscal year 2019; and 
(E) $285,900,000 for fiscal year 2020. 
(4) NATIONAL DRIVER REGISTER.—For the National Highway 
Traffic Safety Administration to carry out chapter 303 of title 
49, United States Code— 
(A) $5,100,000 for fiscal year 2016; 
(B) $5,200,000 for fiscal year 2017; 
(C) $5,300,000 for fiscal year 2018; 
(D) $5,400,000 for fiscal year 2019; and 
(E) $5,500,000 for fiscal year 2020. 
(5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.—For carrying 
out section 404 of title 23, United States Code— 
(A) $29,300,000 for fiscal year 2016; 
(B) $29,500,000 for fiscal year 2017; 
(C) $29,900,000 for fiscal year 2018; 
(D) $30,200,000 for fiscal year 2019; and 
(E) $30,500,000 for fiscal year 2020. 
(6) ADMINISTRATIVE
EXPENSES.—For administrative and 
related operating expenses of the National Highway Traffic 
Safety Administration in carrying out chapter 4 of title 23, 
United States Code, and this title— 
(A) $25,832,000 for fiscal year 2016; 
(B) $26,072,000 for fiscal year 2017; 
(C) $26,329,000 for fiscal year 2018; 
(D) $26,608,000 for fiscal year 2019; and 
(E) $26,817,000 for fiscal year 2020. 
(b) PROHIBITION ON OTHER USES.—Except as otherwise pro-
vided in chapter 4 of title 23, United States Code, and chapter 
303 of title 49, United States Code, the amounts made available 
from the Highway Trust Fund (other than the Mass Transit 
Account) for a program under such chapters— 
(1) shall only be used to carry out such program; and 
(2) may not be used by States or local governments for 
construction purposes. 
(c) APPLICABILITY OF TITLE 23.—Except as otherwise provided 
in chapter 4 of title 23, United States Code, and chapter 303 
of title 49, United States Code, amounts made available under 
subsection (a) for fiscal years 2016 through 2020 shall be available 
for obligation in the same manner as if such funds were apportioned 
under chapter 1 of title 23, United States Code. 
(d) REGULATORY AUTHORITY.—Grants awarded under this title 
shall be carried out in accordance with regulations issued by the 
Secretary. 
(e) STATE MATCHING REQUIREMENTS.—If a grant awarded under 
chapter 4 of title 23, United States Code, requires a State to 
share in the cost, the aggregate of all expenditures for highway 
safety activities made during a fiscal year by the State and its 
political subdivisions (exclusive of Federal funds) for carrying out 
the grant (other than planning and administration) shall be avail-
able for the purpose of crediting the State during such fiscal year 
for the non-Federal share of the cost of any other project carried 
out under chapter 4 of title 23, United States Code (other than 
planning or administration), without regard to whether such 
expenditures were made in connection with such project. 
(f) GRANT APPLICATION
AND DEADLINE.—To receive a grant 
under chapter 4 of title 23, United States Code, a State shall 
23 USC 402 note. 
23 USC 402 note. 
23 USC 401 note. 
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129 STAT. 1499 
PUBLIC LAW 114–94—DEC. 4, 2015 
submit an application, and the Secretary shall establish a single 
deadline for such applications to enable the award of grants early 
in the next fiscal year. 
SEC. 4002. HIGHWAY SAFETY PROGRAMS. 
Section 402 of title 23, United States Code, is amended— 
(1) in subsection (a)(2)(A)— 
(A) in clause (vi) by striking ‘‘and’’ at the end; 
(B) in clause (vii) by inserting ‘‘and’’ after the semi-
colon; and 
(C) by adding at the end the following: 
‘‘(viii) to increase driver awareness of commercial 
motor vehicles to prevent crashes and reduce injuries 
and fatalities;’’; 
(2) in subsection (c)(4), by adding at the end the following: 
‘‘(C) SURVEY.—A State in which an automated traffic 
enforcement system is installed shall expend funds appor-
tioned to that State under this section to conduct a biennial 
survey that the Secretary shall make publicly available 
through the Internet Web site of the Department of 
Transportation that includes— 
‘‘(i) a list of automated traffic enforcement systems 
in the State; 
‘‘(ii) adequate data to measure the transparency, 
accountability, and safety attributes of each automated 
traffic enforcement system; and 
‘‘(iii) a comparison of each automated traffic 
enforcement system with— 
‘‘(I) Speed Enforcement Camera Systems Oper-
ational Guidelines (DOT HS 810 916, March 2008); 
and 
‘‘(II) Red Light Camera Systems Operational 
Guidelines (FHWA–SA–05–002, January 2005).’’; 
(3) by striking subsection (g) and inserting the following: 
‘‘(g) RESTRICTION.—Nothing in this section may be construed 
to authorize the appropriation or expenditure of funds for highway 
construction, maintenance, or design (other than design of safety 
features of highways to be incorporated into guidelines).’’; 
(4) in subsection (k)— 
(A) by redesignating paragraphs (3) through (5) as 
paragraphs (4) through (6), respectively; 
(B) by inserting after paragraph (2) the following: 
‘‘(3) ELECTRONIC SUBMISSION.—The Secretary, in coordina-
tion with the Governors Highway Safety Association, shall 
develop procedures to allow States to submit highway safety 
plans under this subsection, including any attachments to the 
plans, in electronic form.’’; and 
(C) in paragraph (6)(A), as so redesignated, by striking 
‘‘60 days’’ and inserting ‘‘45 days’’; and 
(5) in subsection (m)(2)(B)— 
(A) in clause (vii) by striking ‘‘and’’ at the end; 
(B) in clause (viii) by striking the period at the end 
and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(ix) increase driver awareness of commercial 
motor vehicles to prevent crashes and reduce injuries 
and fatalities; and 
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129 STAT. 1500 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(x) support for school-based driver’s education 
classes to improve teen knowledge about— 
‘‘(I) safe driving practices; and 
‘‘(II) State graduated driving license require-
ments, 
including 
behind-the-wheel 
training 
required to meet those requirements.’’. 
SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. 
Section 403 of title 23, United States Code, is amended— 
(1) in subsection (h)— 
(A) in paragraph (1) by striking ‘‘may’’ and inserting 
‘‘shall’’; 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) FUNDING.—The Secretary shall obligate from funds 
made available to carry out this section for the period covering 
fiscal years 2017 through 2020 not more than $21,248,000 
to conduct the research described in paragraph (1).’’; 
(C) in paragraph (3) by striking ‘‘If the Administrator 
utilizes the authority under paragraph (1), the’’ and 
inserting ‘‘The’’; and 
(D) in paragraph (4) by striking ‘‘If the Administrator 
conducts the research authorized under paragraph (1), the’’ 
and inserting ‘‘The’’; and 
(2) by adding at the end the following: 
‘‘(i) LIMITATION ON DRUG AND ALCOHOL SURVEY DATA.—The 
Secretary shall establish procedures and guidelines to ensure that 
any person participating in a program or activity that collects 
data on drug or alcohol use by drivers of motor vehicles and is 
carried out under this section is informed that the program or 
activity is voluntary. 
‘‘(j) FEDERAL SHARE.—The Federal share of the cost of any 
project or activity carried out under this section may be not more 
than 100 percent.’’. 
SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM. 
(a) IN GENERAL.—Section 404 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 404. High-visibility enforcement program 
‘‘(a) IN GENERAL.—The Secretary shall establish and administer 
a program under which not less than 3 campaigns will be carried 
out in each of fiscal years 2016 through 2020. 
‘‘(b) PURPOSE.—The purpose of each campaign carried out under 
this section shall be to achieve outcomes related to not less than 
1 of the following objectives: 
‘‘(1) Reduce alcohol-impaired or drug-impaired operation 
of motor vehicles. 
‘‘(2) Increase use of seatbelts by occupants of motor vehicles. 
‘‘(c) ADVERTISING.—The Secretary may use, or authorize the 
use of, funds available to carry out this section to pay for the 
development, production, and use of broadcast and print media 
advertising and Internet-based outreach in carrying out campaigns 
under this section. In allocating such funds, consideration shall 
be given to advertising directed at non-English speaking popu-
lations, including those who listen to, read, or watch nontraditional 
media. 
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129 STAT. 1501 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(d) COORDINATION WITH STATES.—The Secretary shall coordi-
nate with States in carrying out the campaigns under this section, 
including advertising funded under subsection (c), with consider-
ation given to— 
‘‘(1) relying on States to provide law enforcement resources 
for the campaigns out of funding made available under sections 
402 and 405; and 
‘‘(2) providing, out of National Highway Traffic Safety 
Administration resources, most of the means necessary for 
national advertising and education efforts associated with the 
campaigns. 
‘‘(e) USE OF FUNDS.—Funds made available to carry out this 
section may be used only for activities described in subsection 
(c). 
‘‘(f) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) CAMPAIGN.—The term ‘campaign’ means a high-visi-
bility traffic safety law enforcement campaign. 
‘‘(2) STATE.—The term ‘State’ has the meaning given that 
term in section 401.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 4 of title 
23, United States Code, is amended by striking the item relating 
to section 404 and inserting the following: 
‘‘404. High-visibility enforcement program.’’. 
SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS. 
(a) GENERAL AUTHORITY.—Section 405(a) of title 23, United 
States Code, is amended to read as follows: 
‘‘(a) GENERAL AUTHORITY.—Subject to the requirements of this 
section, the Secretary shall manage programs to address national 
priorities for reducing highway deaths and injuries. Funds shall 
be allocated according to the following: 
‘‘(1) OCCUPANT PROTECTION.—In each fiscal year, 13 percent 
of the funds provided under this section shall be allocated 
among States that adopt and implement effective occupant 
protection programs to reduce highway deaths and injuries 
resulting from individuals riding unrestrained or improperly 
restrained in motor vehicles (as described in subsection (b)). 
‘‘(2) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVE-
MENTS.—In each fiscal year, 14.5 percent of the funds provided 
under this section shall be allocated among States that meet 
requirements with respect to State traffic safety information 
system improvements (as described in subsection (c)). 
‘‘(3) IMPAIRED DRIVING COUNTERMEASURES.—In each fiscal 
year, 52.5 percent of the funds provided under this section 
shall be allocated among States that meet requirements with 
respect to impaired driving countermeasures (as described in 
subsection (d)). 
‘‘(4) DISTRACTED DRIVING.—In each fiscal year, 8.5 percent 
of the funds provided under this section shall be allocated 
among States that adopt and implement effective laws to reduce 
distracted driving (as described in subsection (e)). 
‘‘(5) MOTORCYCLIST SAFETY.—In each fiscal year, 1.5 percent 
of the funds provided under this section shall be allocated 
among States that implement motorcyclist safety programs (as 
described in subsection (f)). 
23 USC 
prec. 401. 
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129 STAT. 1502 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(6) STATE GRADUATED DRIVER LICENSING LAWS.—In each 
fiscal year, 5 percent of the funds provided under this section 
shall be allocated among States that adopt and implement 
graduated driver licensing laws (as described in subsection 
(g)). 
‘‘(7) NONMOTORIZED SAFETY.—In each fiscal year, 5 percent 
of the funds provided under this section shall be allocated 
among States that meet requirements with respect to non-
motorized safety (as described in subsection (h)). 
‘‘(8) TRANSFERS.—Notwithstanding paragraphs (1) through 
(7), the Secretary shall reallocate, before the last day of any 
fiscal year, any amounts remaining available to carry out any 
of the activities described in subsections (b) through (h) to 
increase the amount made available under section 402, in order 
to ensure, to the maximum extent possible, that all such 
amounts are obligated during such fiscal year. 
‘‘(9) MAINTENANCE OF EFFORT.— 
‘‘(A) CERTIFICATION.—As part of the grant application 
required in section 402(k)(3)(F), a State receiving a grant 
in any fiscal year under subsection (b), (c), or (d) of this 
section shall provide certification that the lead State agency 
responsible for programs described in any of those sub-
sections is maintaining aggregate expenditures at or above 
the average level of such expenditures in the 2 fiscal years 
prior to the date of enactment of the FAST Act. 
‘‘(B) WAIVER.—Upon the request of a State, the Sec-
retary may waive or modify the requirements under 
subparagraph (A) for not more than 1 fiscal year if the 
Secretary determines that such a waiver would be equitable 
due to exceptional or uncontrollable circumstances. 
‘‘(10) POLITICAL SUBDIVISIONS.—A State may provide the 
funds awarded under this section to a political subdivision 
of the State or an Indian tribal government.’’. 
(b) HIGH SEATBELT USE RATE.—Section 405(b)(4)(B) of title 
23, United States Code, is amended by striking ‘‘75 percent’’ and 
inserting ‘‘100 percent’’. 
(c) IMPAIRED DRIVING COUNTERMEASURES.—Section 405(d) of 
title 23, United States Code, is amended— 
(1) by striking paragraph (4) and inserting the following: 
‘‘(4) USE OF GRANT AMOUNTS.— 
‘‘(A) REQUIRED
PROGRAMS.—High-range States shall 
use grant funds for— 
‘‘(i) high-visibility enforcement efforts; and 
‘‘(ii) any of the activities described in subparagraph 
(B) if— 
‘‘(I) the activity is described in the statewide 
plan; and 
‘‘(II) the Secretary approves the use of funding 
for such activity. 
‘‘(B) AUTHORIZED PROGRAMS.—Medium-range and low- 
range States may use grant funds for— 
‘‘(i) any of the purposes described in subparagraph 
(A); 
‘‘(ii) hiring a full-time or part-time impaired 
driving coordinator of the State’s activities to address 
the enforcement and adjudication of laws regarding 
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129 STAT. 1503 
PUBLIC LAW 114–94—DEC. 4, 2015 
driving while impaired by alcohol, drugs, or the com-
bination of alcohol and drugs; 
‘‘(iii) court support of high-visibility enforcement 
efforts, training and education of criminal justice 
professionals (including law enforcement, prosecutors, 
judges, and probation officers) to assist such profes-
sionals in handling impaired driving cases, hiring 
traffic safety resource prosecutors, hiring judicial out-
reach liaisons, and establishing driving while intoxi-
cated courts; 
‘‘(iv) alcohol ignition interlock programs; 
‘‘(v) improving blood-alcohol concentration testing 
and reporting; 
‘‘(vi) paid and earned media in support of high- 
visibility enforcement efforts, conducting standardized 
field sobriety training, advanced roadside impaired 
driving evaluation training, and drug recognition 
expert training for law enforcement, and equipment 
and related expenditures used in connection with 
impaired driving enforcement in accordance with cri-
teria established by the National Highway Traffic 
Safety Administration; 
‘‘(vii) training on the use of alcohol and drug 
screening and brief intervention; 
‘‘(viii) training for and implementation of impaired 
driving assessment programs or other tools designed 
to increase the probability of identifying the recidivism 
risk of a person convicted of driving under the influence 
of alcohol, drugs, or a combination of alcohol and drugs 
and to determine the most effective mental health 
or substance abuse treatment or sanction that will 
reduce such risk; 
‘‘(ix) developing impaired driving information sys-
tems; and 
‘‘(x) costs associated with a 24-7 sobriety program. 
‘‘(C) OTHER
PROGRAMS.—Low-range States may use 
grant funds for any expenditure designed to reduce 
impaired driving based on problem identification and may 
use not more than 50 percent of funds made available 
under this subsection for any project or activity eligible 
for funding under section 402. Medium-range and high- 
range States may use funds for any expenditure designed 
to reduce impaired driving based on problem identification 
upon approval by the Secretary.’’; 
(2) in paragraph (6)— 
(A) by amending the paragraph heading to read as 
follows: ‘‘ADDITIONAL GRANTS.—’’; 
(B) in subparagraph (A) by amending the subparagraph 
heading to read as follows: ‘‘GRANTS
TO
STATES
WITH 
ALCOHOL-IGNITION INTERLOCK LAWS.—’’; 
(C) by redesignating subparagraphs (B) through (D) 
as subparagraphs (C) through (E), respectively; 
(D) by inserting after subparagraph (A), the following: 
‘‘(B) GRANTS
TO
STATES
WITH
24-7
SOBRIETY
PRO-
GRAMS.—The Secretary shall make a separate grant under 
this subsection to each State that— 
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129 STAT. 1504 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) adopts and is enforcing a law that requires 
all individuals convicted of driving under the influence 
of alcohol or of driving while intoxicated to receive 
a restriction on driving privileges; and 
‘‘(ii) provides a 24-7 sobriety program.’’; 
(E) in subparagraph (C), as redesignated, by inserting 
‘‘and subparagraph (B)’’ after ‘‘subparagraph (A)’’; 
(F) in subparagraph (D), as redesignated, by inserting 
‘‘and subparagraph (B)’’ after ‘‘subparagraph (A)’’; 
(G) by amending subparagraph (E), as redesignated, 
to read as follows: 
‘‘(E) FUNDING.— 
‘‘(i) FUNDING
FOR
GRANTS
TO
STATES
WITH 
ALCOHOL-IGNITION INTERLOCK LAWS.—Not more than 
12 percent of the amounts made available to carry 
out this subsection in a fiscal year shall be made 
available by the Secretary for making grants under 
subparagraph (A). 
‘‘(ii) FUNDING FOR GRANTS TO STATES WITH 24-7 
SOBRIETY PROGRAMS.—Not more than 3 percent of the 
amounts made available to carry out this subsection 
in a fiscal year shall be made available by the Secretary 
for making grants under subparagraph (B).’’; and 
(H) by adding at the end the following: 
‘‘(F) EXCEPTIONS.—A State alcohol-ignition interlock 
law under subparagraph (A) may include exceptions for 
the following circumstances: 
‘‘(i) The individual is required to operate an 
employer’s motor vehicle in the course and scope of 
employment and the business entity that owns the 
vehicle is not owned or controlled by the individual. 
‘‘(ii) The individual is certified by a medical doctor 
as being unable to provide a deep lung breath sample 
for analysis by an ignition interlock device. 
‘‘(iii) A State-certified ignition interlock provider 
is not available within 100 miles of the individual’s 
residence.’’; and 
(3) in paragraph (7)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i)— 
(I) by striking ‘‘or a State agency’’ and 
inserting ‘‘or an agency with jurisdiction’’; and 
(II) by inserting ‘‘bond,’’ before ‘‘sentence’’; 
(ii) in clause (i) by striking ‘‘who plead guilty or’’ 
and inserting ‘‘who was arrested for, plead guilty to, 
or’’; and 
(iii) in clause (ii)(I) by inserting ‘‘at a testing loca-
tion’’ after ‘‘per day’’; and 
(B) in subparagraph (D) by striking the second period 
at the end. 
(d) DISTRACTED DRIVING GRANTS.—Section 405(e) of title 23, 
United States Code, is amended to read as follows: 
‘‘(e) DISTRACTED DRIVING GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall award a grant under 
this subsection to any State that includes distracted driving 
awareness as part of the State’s driver’s license examination, 
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129 STAT. 1505 
PUBLIC LAW 114–94—DEC. 4, 2015 
and enacts and enforces a law that meets the requirements 
set forth in paragraphs (2) and (3). 
‘‘(2) PROHIBITION ON TEXTING WHILE DRIVING.—A State law 
meets the requirements set forth in this paragraph if the law— 
‘‘(A) prohibits a driver from texting through a personal 
wireless communications device while driving; 
‘‘(B) makes violation of the law a primary offense; 
‘‘(C) establishes a minimum fine for a violation of the 
law; and 
‘‘(D) does not provide for an exemption that specifically 
allows a driver to text through a personal wireless commu-
nication device while stopped in traffic. 
‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE WHILE DRIVING 
OR STOPPED IN TRAFFIC.—A State law meets the requirements 
set forth in this paragraph if the law— 
‘‘(A) prohibits a driver from using a personal wireless 
communications device while driving if the driver is— 
‘‘(i) younger than 18 years of age; or 
‘‘(ii) in the learner’s permit or intermediate license 
stage set forth in subsection (g)(2)(B); 
‘‘(B) makes violation of the law a primary offense; 
‘‘(C) establishes a minimum fine for a violation of the 
law; and 
‘‘(D) does not provide for an exemption that specifically 
allows a driver to text through a personal wireless commu-
nication device while stopped in traffic. 
‘‘(4) PERMITTED EXCEPTIONS.—A law that meets the require-
ments set forth in paragraph (2) or (3) may provide exceptions 
for— 
‘‘(A) a driver who uses a personal wireless communica-
tions device to contact emergency services; 
‘‘(B) emergency services personnel who use a personal 
wireless communications device while— 
‘‘(i) operating an emergency services vehicle; and 
‘‘(ii) engaged in the performance of their duties 
as emergency services personnel; 
‘‘(C) an individual employed as a commercial motor 
vehicle driver or a school bus driver who uses a personal 
wireless communications device within the scope of such 
individual’s employment if such use is permitted under 
the regulations promulgated pursuant to section 31136 of 
title 49; and 
‘‘(D) any additional exceptions determined by the Sec-
retary through a rulemaking process. 
‘‘(5) USE OF GRANT FUNDS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), amounts received by a State under this subsection 
shall be used— 
‘‘(i) to educate the public through advertising con-
taining information about the dangers of texting or 
using a cell phone while driving; 
‘‘(ii) for traffic signs that notify drivers about the 
distracted driving law of the State; or 
‘‘(iii) for law enforcement costs related to the 
enforcement of the distracted driving law. 
‘‘(B) FLEXIBILITY.— 
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129 STAT. 1506 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) Not more than 50 percent of amounts 
received by a State under this subsection may 
be used for any eligible project or activity under 
section 402. 
‘‘(ii) Not more than 75 percent of amounts 
received by a State under this subsection may 
be used for any eligible project or activity under 
section 402 if the State has conformed its dis-
tracted driving data to the most recent Model Min-
imum Uniform Crash Criteria published by the 
Secretary. 
‘‘(6) ADDITIONAL DISTRACTED DRIVING GRANTS.— 
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1), for 
each of fiscal years 2017 and 2018, the Secretary shall 
use up to 25 percent of the amounts available for grants 
under this subsection to award grants to any State that— 
‘‘(i) in fiscal year 2017— 
‘‘(I) certifies that it has enacted a basic text 
messaging statute that— 
‘‘(aa) is applicable to drivers of all ages; 
and 
‘‘(bb) makes violation of the basic text 
messaging statute a primary offense or sec-
ondary enforcement action as allowed by State 
statute; and 
‘‘(II) is otherwise ineligible for a grant under 
this subsection; and 
‘‘(ii) in fiscal year 2018— 
‘‘(I) certifies that it has enacted a basic text 
messaging statute that— 
‘‘(aa) is applicable to drivers of all ages; 
and 
‘‘(bb) makes violation of the basic text 
messaging statute a primary offense; 
‘‘(II) imposes fines for violations; 
‘‘(III) has a statute that prohibits drivers who 
are younger than 18 years of age from using a 
personal wireless communications device while 
driving; and 
‘‘(IV) is otherwise ineligible for a grant under 
this subsection. 
‘‘(B) USE OF GRANT FUNDS.— 
‘‘(i) IN GENERAL.—Notwithstanding paragraph (5) 
and subject to clauses (ii) and (iii) of this subparagraph, 
amounts received by a State under subparagraph (A) 
may be used for activities related to the enforcement 
of distracted driving laws, including for public informa-
tion and awareness purposes. 
‘‘(ii) FISCAL
YEAR
2017.—In fiscal year 2017, up 
to 15 percent of the amounts received by a State under 
subparagraph (A) may be used for any eligible project 
or activity under section 402. 
‘‘(iii) FISCAL YEAR 2018.—In fiscal year 2018, up 
to 25 percent of the amounts received by a State under 
subparagraph (A) may be used for any eligible project 
or activity under section 402. 
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129 STAT. 1507 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(7) ALLOCATION TO SUPPORT STATE DISTRACTED DRIVING 
LAWS.—Of the amounts available under this subsection in a 
fiscal year for distracted driving grants, the Secretary may 
expend not more than $5,000,000 for the development and 
placement of broadcast media to reduce distracted driving of 
motor vehicles. 
‘‘(8) GRANT AMOUNT.—The allocation of grant funds to a 
State under this subsection for a fiscal year shall be in propor-
tion to the State’s apportionment under section 402 for fiscal 
year 2009. 
‘‘(9) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
‘‘(A) DRIVING.—The term ‘driving’— 
‘‘(i) means operating a motor vehicle on a public 
road; and 
‘‘(ii) does not include operating a motor vehicle 
when the vehicle has pulled over to the side of, or 
off, an active roadway and has stopped in a location 
where it can safely remain stationary. 
‘‘(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.— 
The term ‘personal wireless communications device’— 
‘‘(i) means a device through which personal wire-
less services (as defined in section 332(c)(7)(C)(i) of 
the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
332(c)(7)(C)(i))) are transmitted; and 
‘‘(ii) does not include a global navigation satellite 
system receiver used for positioning, emergency 
notification, or navigation purposes. 
‘‘(C) PRIMARY
OFFENSE.—The term ‘primary offense’ 
means an offense for which a law enforcement officer may 
stop a vehicle solely for the purpose of issuing a citation 
in the absence of evidence of another offense. 
‘‘(D) PUBLIC
ROAD.—The term ‘public road’ has the 
meaning given such term in section 402(c). 
‘‘(E) TEXTING.—The term ‘texting’ means reading from 
or manually entering data into a personal wireless commu-
nications device, including doing so for the purpose of SMS 
texting, emailing, instant messaging, or engaging in any 
other form of electronic data retrieval or electronic data 
communication.’’. 
(e) MOTORCYCLIST SAFETY.—Section 405(f) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (2) and inserting the following: 
‘‘(2) GRANT AMOUNT.—The allocation of grant funds to a 
State under this subsection for a fiscal year shall be in propor-
tion to the State’s apportionment under section 402 for fiscal 
year 2009, except that the amount of a grant awarded to 
a State for a fiscal year may not exceed 25 percent of the 
amount apportioned to the State under such section for fiscal 
year 2009.’’; 
(2) in paragraph (4) by adding at the end the following: 
‘‘(C) FLEXIBILITY.—Not more than 50 percent of grant 
funds received by a State under this subsection may be 
used for any eligible project or activity under section 402 
if the State is in the lowest 25 percent of all States for 
motorcycle deaths per 10,000 motorcycle registrations 
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129 STAT. 1508 
PUBLIC LAW 114–94—DEC. 4, 2015 
based on the most recent data that conforms with criteria 
established by the Secretary.’’; and 
(3) by adding at the end the following: 
‘‘(6) SHARE-THE-ROAD MODEL LANGUAGE.—Not later than 
1 year after the date of enactment of this paragraph, the 
Secretary shall update and provide to the States model lan-
guage, for use in traffic safety education courses, driver’s 
manuals, and other driver training materials, that provides 
instruction for drivers of motor vehicles on the importance 
of sharing the road safely with motorcyclists.’’. 
(f) MINIMUM REQUIREMENTS
FOR STATE GRADUATED DRIVER 
LICENSING INCENTIVE GRANT PROGRAM.—Section 405(g) of title 23, 
United States Code, is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A) by striking ‘‘21’’ and inserting 
‘‘18’’; and 
(B) by amending subparagraph (B) to read as follows: 
‘‘(B) LICENSING
PROCESS.—A State is in compliance 
with the 2-stage licensing process described in this subpara-
graph if the State’s driver’s license laws include— 
‘‘(i) a learner’s permit stage that— 
‘‘(I) is at least 6 months in duration; 
‘‘(II) contains a prohibition on the driver using 
a personal wireless communications device (as 
defined in subsection (e)) while driving except 
under an exception permitted under paragraph (4) 
of that subsection, and makes a violation of the 
prohibition a primary offense; 
‘‘(III) requires applicants to successfully pass 
a vision and knowledge assessment prior to 
receiving a learner’s permit; 
‘‘(IV) requires that the driver be accompanied 
and supervised at all times while the driver is 
operating a motor vehicle by a licensed driver who 
is at least 21 years of age or is a State-certified 
driving instructor; 
‘‘(V) has a requirement that the driver— 
‘‘(aa) complete a State-certified driver edu-
cation or training course; or 
‘‘(bb) obtain at least 50 hours of behind- 
the-wheel training, with at least 10 hours at 
night, with a licensed driver; and 
‘‘(VI) remains in effect until the driver— 
‘‘(aa) reaches 16 years of age and enters 
the intermediate stage; or 
‘‘(bb) reaches 18 years of age; 
‘‘(ii) an intermediate stage that— 
‘‘(I) commences immediately after the expira-
tion of the learner’s permit stage and successful 
completion of a driving skills assessment; 
‘‘(II) is at least 6 months in duration; 
‘‘(III) prohibits the driver from using a per-
sonal wireless communications device (as defined 
in subsection (e)) while driving except under an 
exception permitted under paragraph (4) of that 
subsection, and makes a violation of the prohibi-
tion a primary offense; 
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129 STAT. 1509 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(IV) for the first 6 months of the intermediate 
stage, restricts driving at night between the hours 
of 10:00 p.m. and 5:00 a.m. when not supervised 
by a licensed driver 21 years of age or older, 
excluding transportation to work, school, religious 
activities, or emergencies; 
‘‘(V) prohibits the driver from operating a 
motor vehicle with more than 1 nonfamilial pas-
senger younger than 21 years of age unless a 
licensed driver who is at least 21 years of age 
is in the motor vehicle; and 
‘‘(VI) remains in effect until the driver reaches 
17 years of age; and 
‘‘(iii) learner’s permit and intermediate stages that 
each require, in addition to any other penalties imposed 
by State law, that the granting of an unrestricted 
driver’s license be automatically delayed for any indi-
vidual who, during the learner’s permit or intermediate 
stage, is convicted of a driving-related offense during 
the first 6 months, including— 
‘‘(I) driving while intoxicated; 
‘‘(II) misrepresentation of the individual’s age; 
‘‘(III) reckless driving; 
‘‘(IV) driving without wearing a seat belt; 
‘‘(V) speeding; or 
‘‘(VI) any other driving-related offense, as 
determined by the Secretary.’’; and 
(2) by adding at the end the following: 
‘‘(6) SPECIAL RULE.—Notwithstanding paragraph (5), up to 
100 percent of grant funds received by a State under this 
subsection may be used for any eligible project or activity 
under section 402, if the State is in the lowest 25 percent 
of all States for the number of drivers under age 18 involved 
in fatal crashes in the State per the total number of drivers 
under age 18 in the State based on the most recent data 
that conforms with criteria established by the Secretary.’’. 
(g) NONMOTORIZED SAFETY.—Section 405 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(h) NONMOTORIZED SAFETY.— 
‘‘(1) GENERAL
AUTHORITY.—Subject to the requirements 
under this subsection, the Secretary shall award grants to 
States for the purpose of decreasing pedestrian and bicycle 
fatalities and injuries that result from crashes involving a 
motor vehicle. 
‘‘(2) FEDERAL SHARE.—The Federal share of the cost of 
a project carried out by a State using amounts from a grant 
awarded under this subsection may not exceed 80 percent. 
‘‘(3) ELIGIBILITY.—A State shall receive a grant under this 
subsection in a fiscal year if the annual combined pedestrian 
and bicycle fatalities in the State exceed 15 percent of the 
total annual crash fatalities in the State, based on the most 
recently reported final data from the Fatality Analysis 
Reporting System. 
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds received by 
a State under this subsection may be used for— 
‘‘(A) training of law enforcement officials on State laws 
applicable to pedestrian and bicycle safety; 
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129 STAT. 1510 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) 
enforcement 
mobilizations 
and 
campaigns 
designed to enforce State traffic laws applicable to pedes-
trian and bicycle safety; and 
‘‘(C) 
public 
education 
and 
awareness 
programs 
designed to inform motorists, pedestrians, and bicyclists 
of State traffic laws applicable to pedestrian and bicycle 
safety. 
‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a 
State under this subsection for a fiscal year shall be in propor-
tion to the State’s apportionment under section 402 for fiscal 
year 2009.’’. 
SEC. 4006. TRACKING PROCESS. 
Section 412 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘(f) TRACKING PROCESS.—The Secretary shall develop a process 
to identify and mitigate possible systemic issues across States and 
regional offices by reviewing oversight findings and recommended 
actions identified in triennial State management reviews.’’. 
SEC. 4007. STOP MOTORCYCLE CHECKPOINT FUNDING. 
Notwithstanding section 153 of title 23, United States Code, 
the Secretary may not provide a grant or any funds to a State, 
county, town, township, Indian tribe, municipality, or other local 
government that may be used for any program— 
(1) to check helmet usage; or 
(2) to create checkpoints that specifically target motorcycle 
operators or motorcycle passengers. 
SEC. 4008. MARIJUANA-IMPAIRED DRIVING. 
(a) STUDY.—The Secretary, in consultation with the heads of 
other Federal agencies as appropriate, shall conduct a study on 
marijuana-impaired driving. 
(b) ISSUES TO BE EXAMINED.—In conducting the study, the 
Secretary shall examine, at a minimum, the following: 
(1) 
Methods 
to 
detect 
marijuana-impaired 
driving, 
including devices capable of measuring marijuana levels in 
motor vehicle operators. 
(2) A review of impairment standard research for driving 
under the influence of marijuana. 
(3) Methods to differentiate the cause of a driving impair-
ment between alcohol and marijuana. 
(4) State-based policies on marijuana-impaired driving. 
(5) The role and extent of marijuana impairment in motor 
vehicle accidents. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in cooperation with 
other Federal agencies as appropriate, shall submit to the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the 
study. 
(2) CONTENTS.—The report shall include, at a minimum, 
the following: 
(A) FINDINGS.—The findings of the Secretary based 
on the study, including, at a minimum, the following: 
23 USC 153 note. 
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129 STAT. 1511 
PUBLIC LAW 114–94—DEC. 4, 2015 
(i) An assessment of methodologies and tech-
nologies for measuring driver impairment resulting 
from the use of marijuana, including the use of mari-
juana in combination with alcohol. 
(ii) A description and assessment of the role of 
marijuana as a causal factor in traffic crashes and 
the extent of the problem of marijuana-impaired 
driving. 
(iii) A description and assessment of current State 
laws relating to marijuana-impaired driving. 
(iv) A determination whether an impairment 
standard for drivers under the influence of marijuana 
is feasible and could reduce vehicle accidents and save 
lives. 
(B) RECOMMENDATIONS.—The recommendations of the 
Secretary based on the study, including, at a minimum, 
the following: 
(i) Effective and efficient methods for training law 
enforcement personnel, including drug recognition 
experts, to detect or measure the level of impairment 
of a motor vehicle operator who is under the influence 
of marijuana by the use of technology or otherwise. 
(ii) If feasible, an impairment standard for driving 
under the influence of marijuana. 
(iii) Methodologies for increased data collection 
regarding the prevalence and effects of marijuana- 
impaired driving. 
(d) MARIJUANA DEFINED.—In this section, the term ‘‘marijuana’’ 
includes all substances containing tetrahydrocannabinol. 
SEC. 4009. INCREASING PUBLIC AWARENESS OF THE DANGERS OF 
DRUG-IMPAIRED DRIVING. 
(a) ADDITIONAL ACTIONS.—The Administrator of the National 
Highway Traffic Safety Administration, in consultation with the 
White House Office of National Drug Control Policy, the Secretary 
of Health and Human Services, State highway safety offices, and 
other interested parties, as determined by the Administrator, shall 
identify and carry out additional actions that should be undertaken 
by the Administration to assist States in their efforts to increase 
public awareness of the dangers of drug-impaired driving, including 
the dangers of driving while under the influence of heroin or 
prescription opioids. 
(b) REPORT.—Not later than 60 days after the date of enactment 
of this Act, the Administrator shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives a report that describes the additional actions under-
taken by the Administration pursuant to subsection (a). 
SEC. 4010. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGI-
BILITY. 
Not later than 60 days after the date on which the Secretary 
awards grants under section 405 of title 23, United States Code, 
the Secretary shall make available on a publicly available Internet 
Web site of the Department of Transportation— 
(1) an identification of— 
(A) the States that were awarded grants under such 
section; 
23 USC 405 note. 
23 USC 402 note. 
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129 STAT. 1512 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) the States that applied and were not awarded 
grants under such section; and 
(C) the States that did not apply for a grant under 
such section; and 
(2) a list of deficiencies that made a State ineligible for 
a grant under such section for each State under paragraph 
(1)(B). 
SEC. 4011. DATA COLLECTION. 
Section 1906 of SAFETEA–LU (23 U.S.C. 402 note) is 
amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘(A) has enacted’’ and all that follows 
through 
‘‘(B) 
is 
maintaining’’ 
and 
inserting 
‘‘is 
maintaining’’; and 
(B) by striking ‘‘and any passengers’’; 
(2) by striking subsection (b) and inserting the following: 
‘‘(b) USE OF GRANT FUNDS.—A grant received by a State under 
subsection (a) shall be used by the State for the costs of— 
‘‘(1) collecting and maintaining data on traffic stops; and 
‘‘(2) evaluating the results of the data.’’; 
(3) by striking subsection (c) and redesignating subsections 
(d) and (e) as subsections (c) and (d), respectively; 
(4) in subsection (c)(2), as so redesignated, by striking 
‘‘A State’’ and inserting ‘‘On or after October 1, 2015, a State’’; 
and 
(5) in subsection (d), as so redesignated— 
(A) in the subsection heading by striking ‘‘AUTHORIZA-
TION OF APPROPRIATIONS’’ and inserting ‘‘FUNDING’’; 
(B) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—From funds made available under section 
403 of title 23, United States Code, the Secretary shall set 
aside $7,500,000 for each of fiscal years 2017 through 2020 
to carry out this section.’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘authorized by’’ and inserting ‘‘made 
available under’’; and 
(ii) by striking ‘‘percent,’’ and all that follows 
through the period at the end and inserting ‘‘percent.’’; 
and 
(D) by adding at the end the following: 
‘‘(3) OTHER USES.—The Secretary may reallocate, before 
the last day of any fiscal year, amounts remaining available 
under paragraph (1) to increase the amounts made available 
to carry out any of other activities authorized under section 
403 of title 23, United States Code, in order to ensure, to 
the maximum extent possible, that all such amounts are obli-
gated during such fiscal year.’’. 
SEC. 4012. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL 
AND DRUG USE BY DRIVERS. 
Not later than 180 days after the date on which the Comptroller 
General of the United States reviews and reports on the overall 
value of the National Roadside Survey to researchers and other 
public safety stakeholders, the differences between a National Road-
side Survey site and typical law enforcement checkpoints, and the 
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129 STAT. 1513 
PUBLIC LAW 114–94—DEC. 4, 2015 
effectiveness of the National Roadside Survey methodology at pro-
tecting the privacy of the driving public, as requested by the Com-
mittee on Appropriations of the Senate on June 5, 2014 (Senate 
Report 113–182), the Secretary shall report to Congress on the 
National Highway Traffic Safety Administration’s progress toward 
reviewing that report and implementing any recommendations 
made in that report. 
SEC. 4013. BARRIERS TO DATA COLLECTION REPORT. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator of the National Highway Traffic Safety 
Administration shall submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives that— 
(1) identifies any legal and technical barriers to capturing 
adequate data on the prevalence of the use of wireless commu-
nications devices while driving; and 
(2) provides recommendations on how to address such bar-
riers. 
SEC. 4014. TECHNICAL CORRECTIONS. 
Title 23, United States Code, is amended as follows: 
(1) Section 402 is amended— 
(A) in subsection (b)(1)— 
(i) in subparagraph (C) by striking ‘‘paragraph (3)’’ 
and inserting ‘‘paragraph (2)’’; and 
(ii) in subparagraph (E)— 
(I) by striking ‘‘in which’’ and inserting ‘‘for 
which’’; and 
(II) by striking ‘‘under subsection (f)’’ and 
inserting ‘‘under subsection (k)’’; and 
(B) in subsection (k)(5), as redesignated by this Act, 
by striking ‘‘under paragraph (2)(A)’’ and inserting ‘‘under 
paragraph (3)(A)’’. 
(2) Section 403(e) is amended by striking ‘‘chapter 301’’ 
and inserting ‘‘chapter 301 of title 49’’. 
(3) Section 405 is amended— 
(A) in subsection (d)— 
(i) in paragraph (5) by striking ‘‘under section 
402(c)’’ and inserting ‘‘under section 402’’; and 
(ii) in paragraph (6)(D), as redesignated by this 
Act, by striking ‘‘on the basis of the apportionment 
formula set forth in section 402(c)’’ and inserting ‘‘in 
proportion to the State’s apportionment under section 
402 for fiscal year 2009’’; and 
(B) in subsection (f)(4)(A)(iv)— 
(i) by striking ‘‘such as the’’ and inserting 
‘‘including’’; and 
(ii) by striking ‘‘developed under subsection (g)’’. 
SEC. 4015. EFFECTIVE DATE FOR CERTAIN PROGRAMS. 
Notwithstanding any other provision of this Act, except for 
the technical corrections in section 4014, the amendments made 
by this Act to sections 164, 402, and 405 of title 23, United States 
Code, shall be effective on October 1, 2016. 
23 USC 164 note. 
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129 STAT. 1514 
PUBLIC LAW 114–94—DEC. 4, 2015 
TITLE V—MOTOR CARRIER SAFETY 
Subtitle A—Motor Carrier Safety Grant 
Consolidation 
SEC. 5101. GRANTS TO STATES. 
(a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section 
31102 of title 49, United States Code, is amended to read as 
follows: 
‘‘§ 31102. Motor carrier safety assistance program 
‘‘(a) IN GENERAL.—The Secretary of Transportation shall admin-
ister a motor carrier safety assistance program funded under section 
31104. 
‘‘(b) GOAL.—The goal of the program is to ensure that the 
Secretary, States, local governments, other political jurisdictions, 
federally recognized Indian tribes, and other persons work in part-
nership to establish programs to improve motor carrier, commercial 
motor vehicle, and driver safety to support a safe and efficient 
surface transportation system by— 
‘‘(1) making targeted investments to promote safe commer-
cial motor vehicle transportation, including the transportation 
of passengers and hazardous materials; 
‘‘(2) investing in activities likely to generate maximum 
reductions in the number and severity of commercial motor 
vehicle crashes and in fatalities resulting from such crashes; 
‘‘(3) adopting and enforcing effective motor carrier, commer-
cial motor vehicle, and driver safety regulations and practices 
consistent with Federal requirements; and 
‘‘(4) assessing and improving statewide performance by set-
ting program goals and meeting performance standards, meas-
ures, and benchmarks. 
‘‘(c) STATE PLANS.— 
‘‘(1) IN GENERAL.—In carrying out the program, the Sec-
retary shall prescribe procedures for a State to submit a mul-
tiple-year plan, and annual updates thereto, under which the 
State agrees to assume responsibility for improving motor car-
rier safety by adopting and enforcing State regulations, stand-
ards, and orders that are compatible with the regulations, 
standards, and orders of the Federal Government on commer-
cial motor vehicle safety and hazardous materials transpor-
tation safety. 
‘‘(2) CONTENTS.—The Secretary shall approve a State plan 
if the Secretary determines that the plan is adequate to comply 
with the requirements of this section, and the plan— 
‘‘(A) 
implements 
performance-based 
activities, 
including deployment and maintenance of technology to 
enhance the efficiency and effectiveness of commercial 
motor vehicle safety programs; 
‘‘(B) designates a lead State commercial motor vehicle 
safety agency responsible for administering the plan 
throughout the State; 
‘‘(C) contains satisfactory assurances that the lead 
State commercial motor vehicle safety agency has or will 
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129 STAT. 1515 
PUBLIC LAW 114–94—DEC. 4, 2015 
have the legal authority, resources, and qualified personnel 
necessary to enforce the regulations, standards, and orders; 
‘‘(D) contains satisfactory assurances that the State 
will devote adequate resources to the administration of 
the plan and enforcement of the regulations, standards, 
and orders; 
‘‘(E) provides a right of entry (or other method a State 
may use that the Secretary determines is adequate to 
obtain necessary information) and inspection to carry out 
the plan; 
‘‘(F) provides that all reports required under this sec-
tion be available to the Secretary on request; 
‘‘(G) provides that the lead State commercial motor 
vehicle safety agency will adopt the reporting requirements 
and use the forms for recordkeeping, inspections, and inves-
tigations that the Secretary prescribes; 
‘‘(H) requires all registrants of commercial motor 
vehicles to demonstrate knowledge of applicable safety 
regulations, standards, and orders of the Federal Govern-
ment and the State; 
‘‘(I) provides that the State will grant maximum reci-
procity for inspections conducted under the North American 
Inspection Standards through the use of a nationally 
accepted system that allows ready identification of pre-
viously inspected commercial motor vehicles; 
‘‘(J) ensures that activities described in subsection (h), 
if financed through grants to the State made under this 
section, will not diminish the effectiveness of the develop-
ment and implementation of the programs to improve motor 
carrier, commercial motor vehicle, and driver safety as 
described in subsection (b); 
‘‘(K) ensures that the lead State commercial motor 
vehicle safety agency will coordinate the plan, data collec-
tion, and information systems with the State highway 
safety improvement program required under section 148(c) 
of title 23; 
‘‘(L) ensures participation in appropriate Federal Motor 
Carrier Safety Administration information technology and 
data systems and other information systems by all appro-
priate jurisdictions receiving motor carrier safety assistance 
program funding; 
‘‘(M) ensures that information is exchanged among the 
States in a timely manner; 
‘‘(N) provides satisfactory assurances that the State 
will undertake efforts that will emphasize and improve 
enforcement of State and local traffic safety laws and regu-
lations related to commercial motor vehicle safety; 
‘‘(O) provides satisfactory assurances that the State 
will address national priorities and performance goals, 
including— 
‘‘(i) activities aimed at removing impaired commer-
cial motor vehicle drivers from the highways of the 
United States through adequate enforcement of regula-
tions on the use of alcohol and controlled substances 
and by ensuring ready roadside access to alcohol detec-
tion and measuring equipment; 
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129 STAT. 1516 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ii) activities aimed at providing an appropriate 
level of training to State motor carrier safety assistance 
program officers and employees on recognizing drivers 
impaired by alcohol or controlled substances; and 
‘‘(iii) when conducted with an appropriate commer-
cial motor vehicle inspection, criminal interdiction 
activities, and appropriate strategies for carrying out 
those interdiction activities, including interdiction 
activities that affect the transportation of controlled 
substances (as defined in section 102 of the Com-
prehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 802) and listed in part 1308 of 
title 21, Code of Federal Regulations, as updated and 
republished from time to time) by any occupant of 
a commercial motor vehicle; 
‘‘(P) provides that the State has established and dedi-
cated sufficient resources to a program to ensure that— 
‘‘(i) the State collects and reports to the Secretary 
accurate, complete, and timely motor carrier safety 
data; and 
‘‘(ii) the State participates in a national motor 
carrier safety data correction system prescribed by the 
Secretary; 
‘‘(Q) ensures that the State will cooperate in the 
enforcement of financial responsibility requirements under 
sections 13906, 31138, and 31139 and regulations issued 
under those sections; 
‘‘(R) ensures consistent, effective, and reasonable sanc-
tions; 
‘‘(S) ensures that roadside inspections will be conducted 
at locations that are adequate to protect the safety of 
drivers and enforcement personnel; 
‘‘(T) provides that the State will include in the training 
manuals for the licensing examination to drive noncommer-
cial motor vehicles and commercial motor vehicles informa-
tion on best practices for driving safely in the vicinity 
of noncommercial and commercial motor vehicles; 
‘‘(U) provides that the State will enforce the registra-
tion requirements of sections 13902 and 31134 by prohib-
iting the operation of any vehicle discovered to be operated 
by a motor carrier without a registration issued under 
those sections or to be operated beyond the scope of the 
motor carrier’s registration; 
‘‘(V) provides that the State will conduct comprehensive 
and highly visible traffic enforcement and commercial 
motor vehicle safety inspection programs in high-risk loca-
tions and corridors; 
‘‘(W) except in the case of an imminent hazard or 
obvious safety hazard, ensures that an inspection of a 
vehicle transporting passengers for a motor carrier of pas-
sengers is conducted at a bus station, terminal, border 
crossing, maintenance facility, destination, or other location 
where a motor carrier may make a planned stop (excluding 
a weigh station); 
‘‘(X) ensures that the State will transmit to its roadside 
inspectors notice of each Federal exemption granted under 
section 31315(b) of this title and sections 390.23 and 390.25 
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129 STAT. 1517 
PUBLIC LAW 114–94—DEC. 4, 2015 
of title 49, Code of Federal Regulations, and provided to 
the State by the Secretary, including the name of the 
person that received the exemption and any terms and 
conditions that apply to the exemption; 
‘‘(Y) except as provided in subsection (d), provides that 
the State— 
‘‘(i) will conduct safety audits of interstate and, 
at the State’s discretion, intrastate new entrant motor 
carriers under section 31144(g); and 
‘‘(ii) if the State authorizes a third party to conduct 
safety audits under section 31144(g) on its behalf, the 
State verifies the quality of the work conducted and 
remains solely responsible for the management and 
oversight of the activities; 
‘‘(Z) provides that the State agrees to fully participate 
in the performance and registration information systems 
management under section 31106(b) not later than October 
1, 2020, by complying with the conditions for participation 
under paragraph (3) of that section, or demonstrates to 
the Secretary an alternative approach for identifying and 
immobilizing a motor carrier with serious safety defi-
ciencies in a manner that provides an equivalent level 
of safety; 
‘‘(AA) in the case of a State that shares a land border 
with another country, provides that the State— 
‘‘(i) will conduct a border commercial motor vehicle 
safety program focusing on international commerce 
that includes enforcement and related projects; or 
‘‘(ii) will forfeit all funds calculated by the Sec-
retary based on border-related activities if the State 
declines to conduct the program described in clause 
(i) in its plan; and 
‘‘(BB) in the case of a State that meets the other 
requirements of this section and agrees to comply with 
the requirements established in subsection (l)(3), provides 
that the State may fund operation and maintenance costs 
associated with innovative technology deployment under 
subsection (l)(3) with motor carrier safety assistance pro-
gram funds authorized under section 31104(a)(1). 
‘‘(3) PUBLICATION.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary shall publish each approved State multiple-year 
plan, and each annual update thereto, on a publically acces-
sible Internet Web site of the Department of Transportation 
not later than 30 days after the date the Secretary approves 
the plan or update. 
‘‘(B) LIMITATION.—Before publishing an approved State 
multiple-year plan or annual update under subparagraph 
(A), the Secretary shall redact any information identified 
by the State that, if disclosed— 
‘‘(i) would reasonably be expected to interfere with 
enforcement proceedings; or 
‘‘(ii) would reveal enforcement techniques or proce-
dures that would reasonably be expected to risk cir-
cumvention of the law. 
‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The requirement that 
a State conduct safety audits of new entrant motor carriers under 
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129 STAT. 1518 
PUBLIC LAW 114–94—DEC. 4, 2015 
subsection (c)(2)(Y) does not apply to a territory of the United 
States unless required by the Secretary. 
‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle safety 
laws, including regulations, with Federal motor carrier safety regu-
lations to be enforced under subsections (b) and (c). To the extent 
practicable, the guidelines and standards shall allow for maximum 
flexibility while ensuring a degree of uniformity that will not 
diminish motor vehicle safety. 
‘‘(f) MAINTENANCE OF EFFORT.— 
‘‘(1) BASELINE.—Except as provided under paragraphs (2) 
and (3) and in accordance with section 5107 of the FAST 
Act, a State plan under subsection (c) shall provide that the 
total expenditure of amounts of the lead State commercial 
motor vehicle safety agency responsible for administering the 
plan will be maintained at a level each fiscal year that is 
at least equal to— 
‘‘(A) the average level of that expenditure for fiscal 
years 2004 and 2005; or 
‘‘(B) the level of that expenditure for the year in which 
the Secretary implements a new allocation formula under 
section 5106 of the FAST Act. 
‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR 2017.—At the 
request of a State, the Secretary may evaluate additional docu-
mentation related to the maintenance of effort and may make 
reasonable adjustments to the maintenance of effort baseline 
after the year in which the Secretary implements a new alloca-
tion formula under section 5106 of the FAST Act, and this 
adjusted baseline will replace the maintenance of effort require-
ment under paragraph (1). 
‘‘(3) WAIVERS.—At the request of a State, the Secretary 
may waive or modify the requirements of this subsection for 
a total of 1 fiscal year if the Secretary determines that the 
waiver or modification is reasonable, based on circumstances 
described by the State, to ensure the continuation of commercial 
motor vehicle enforcement activities in the State. 
‘‘(4) LEVEL
OF
STATE
EXPENDITURES.—In estimating the 
average level of a State’s expenditures under paragraph (1), 
the Secretary— 
‘‘(A) may allow the State to exclude State expenditures 
for federally sponsored demonstration and pilot programs 
and strike forces; 
‘‘(B) may allow the State to exclude expenditures for 
activities related to border enforcement and new entrant 
safety audits; and 
‘‘(C) shall require the State to exclude State matching 
amounts used to receive Federal financing under section 
31104. 
‘‘(g) USE
OF UNIFIED CARRIER REGISTRATION FEES AGREE-
MENT.—Amounts generated under section 14504a and received by 
a State and used for motor carrier safety purposes may be included 
as part of the State’s match required under section 31104 or mainte-
nance of effort required by subsection (f). 
‘‘(h) USE
OF
GRANTS
TO
ENFORCE
OTHER
LAWS.—When 
approved as part of a State’s plan under subsection (c), the State 
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129 STAT. 1519 
PUBLIC LAW 114–94—DEC. 4, 2015 
may use motor carrier safety assistance program funds received 
under this section— 
‘‘(1) if the activities are carried out in conjunction with 
an appropriate inspection of a commercial motor vehicle to 
enforce Federal or State commercial motor vehicle safety regula-
tions, for— 
‘‘(A) enforcement of commercial motor vehicle size and 
weight limitations at locations, excluding fixed-weight 
facilities, such as near steep grades or mountainous ter-
rains, where the weight of a commercial motor vehicle 
can significantly affect the safe operation of the vehicle, 
or at ports where intermodal shipping containers enter 
and leave the United States; and 
‘‘(B) detection of and enforcement actions taken as 
a result of criminal activity, including the trafficking of 
human beings, in a commercial motor vehicle or by any 
occupant, including the operator, of the commercial motor 
vehicle; and 
‘‘(2) for documented enforcement of State traffic laws and 
regulations designed to promote the safe operation of commer-
cial motor vehicles, including documented enforcement of such 
laws and regulations relating to noncommercial motor vehicles 
when necessary to promote the safe operation of commercial 
motor vehicles, if— 
‘‘(A) the number of motor carrier safety activities, 
including roadside safety inspections, conducted in the 
State is maintained at a level at least equal to the average 
level of such activities conducted in the State in fiscal 
years 2004 and 2005; and 
‘‘(B) the State does not use more than 10 percent 
of the basic amount the State receives under a grant 
awarded under section 31104(a)(1) for enforcement activi-
ties relating to noncommercial motor vehicles necessary 
to promote the safe operation of commercial motor vehicles 
unless the Secretary determines that a higher percentage 
will result in significant increases in commercial motor 
vehicle safety. 
‘‘(i) EVALUATION OF PLANS AND AWARD OF GRANTS.— 
‘‘(1) AWARDS.—The Secretary shall establish criteria for 
the application, evaluation, and approval of State plans under 
this section. Subject to subsection (j), the Secretary may allocate 
the amounts made available under section 31104(a)(1) among 
the States. 
‘‘(2) OPPORTUNITY TO CURE.—If the Secretary disapproves 
a plan under this section, the Secretary shall give the State 
a written explanation of the reasons for disapproval and allow 
the State to modify and resubmit the plan for approval. 
‘‘(j) ALLOCATION OF FUNDS.— 
‘‘(1) IN GENERAL.—The Secretary, by regulation, shall pre-
scribe allocation criteria for funds made available under section 
31104(a)(1). 
‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of each fiscal 
year, or as soon as practicable thereafter, and after making 
a deduction under section 31104(c), the Secretary shall allocate 
amounts made available under section 31104(a)(1) to carry 
out this section for the fiscal year among the States with 
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129 STAT. 1520 
PUBLIC LAW 114–94—DEC. 4, 2015 
plans approved under this section in accordance with the cri-
teria prescribed under paragraph (1). 
‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the availability 
of funding and notwithstanding fluctuations in the data ele-
ments used by the Secretary to calculate the annual allocation 
amounts, after the creation of a new allocation formula under 
section 5106 of the FAST Act, the Secretary may not make 
elective adjustments to the allocation formula that decrease 
a State’s Federal funding levels by more than 3 percent in 
a fiscal year. The 3 percent limit shall not apply to the with-
holding provisions of subsection (k). 
‘‘(k) PLAN MONITORING.— 
‘‘(1) IN GENERAL.—On the basis of reports submitted by 
the lead State agency responsible for administering a State 
plan approved under this section and an investigation by the 
Secretary, the Secretary shall periodically evaluate State 
implementation of and compliance with the State plan. 
‘‘(2) WITHHOLDING OF FUNDS.— 
‘‘(A) DISAPPROVAL.—If, after notice and an opportunity 
to be heard, the Secretary finds that a State plan previously 
approved under this section is not being followed or has 
become inadequate to ensure enforcement of State regula-
tions, standards, or orders described in subsection (c)(1), 
or the State is otherwise not in compliance with the require-
ments of this section, the Secretary may withdraw approval 
of the State plan and notify the State. Upon the receipt 
of such notice, the State plan shall no longer be in effect 
and the Secretary shall withhold all funding to the State 
under this section. 
‘‘(B) NONCOMPLIANCE WITHHOLDING.—In lieu of with-
drawing approval of a State plan under subparagraph (A), 
the Secretary may, after providing notice to the State and 
an opportunity to be heard, withhold funding from the 
State to which the State would otherwise be entitled under 
this section for the period of the State’s noncompliance. 
In exercising this option, the Secretary may withhold— 
‘‘(i) up to 5 percent of funds during the fiscal 
year that the Secretary notifies the State of its non-
compliance; 
‘‘(ii) up to 10 percent of funds for the first full 
fiscal year of noncompliance; 
‘‘(iii) up to 25 percent of funds for the second 
full fiscal year of noncompliance; and 
‘‘(iv) not more than 50 percent of funds for the 
third and any subsequent full fiscal year of noncompli-
ance. 
‘‘(3) JUDICIAL
REVIEW.—A State adversely affected by a 
determination under paragraph (2) may seek judicial review 
under chapter 7 of title 5. Notwithstanding the disapproval 
of a State plan under paragraph (2)(A) or the withholding 
of funds under paragraph (2)(B), the State may retain jurisdic-
tion in an administrative or a judicial proceeding that com-
menced before the notice of disapproval or withholding if the 
issues involved are not related directly to the reasons for the 
disapproval or withholding. 
‘‘(l) HIGH PRIORITY PROGRAM.— 
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129 STAT. 1521 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) IN GENERAL.—The Secretary shall administer a high 
priority program funded under section 31104(a)(2) for the pur-
poses described in paragraphs (2) and (3). 
‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER SAFETY.—The 
Secretary may make discretionary grants to and enter into 
cooperative agreements with States, local governments, feder-
ally recognized Indian tribes, other political jurisdictions as 
necessary, and any person to carry out high priority activities 
and projects that augment motor carrier safety activities and 
projects planned in accordance with subsections (b) and (c), 
including activities and projects that— 
‘‘(A) increase public awareness and education on 
commercial motor vehicle safety; 
‘‘(B) target unsafe driving of commercial motor vehicles 
and noncommercial motor vehicles in areas identified as 
high risk crash corridors; 
‘‘(C) improve the safe and secure movement of haz-
ardous materials; 
‘‘(D) improve safe transportation of goods and persons 
in foreign commerce; 
‘‘(E) demonstrate new technologies to improve commer-
cial motor vehicle safety; 
‘‘(F) support participation in performance and registra-
tion information systems management under section 
31106(b)— 
‘‘(i) for entities not responsible for submitting the 
plan under subsection (c); or 
‘‘(ii) for entities responsible for submitting the plan 
under subsection (c)— 
‘‘(I) before October 1, 2020, to achieve compli-
ance with the requirements of participation; and 
‘‘(II) beginning on October 1, 2020, or once 
compliance is achieved, whichever is sooner, for 
special initiatives or projects that exceed routine 
operations required for participation; 
‘‘(G) conduct safety data improvement projects— 
‘‘(i) that complete or exceed the requirements 
under subsection (c)(2)(P) for entities not responsible 
for submitting the plan under subsection (c); or 
‘‘(ii) that exceed the requirements under subsection 
(c)(2)(P) for entities responsible for submitting the plan 
under subsection (c); and 
‘‘(H) otherwise improve commercial motor vehicle 
safety and compliance with commercial motor vehicle safety 
regulations. 
‘‘(3) INNOVATIVE
TECHNOLOGY
DEPLOYMENT
GRANT
PRO-
GRAM.— 
‘‘(A) IN GENERAL.—The Secretary shall establish an 
innovative technology deployment grant program to make 
discretionary grants to eligible States for the innovative 
technology 
deployment 
of 
commercial 
motor 
vehicle 
information systems and networks. 
‘‘(B) PURPOSES.—The purposes of the program shall 
be— 
‘‘(i) to advance the technological capability and 
promote the deployment of intelligent transportation 
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129 STAT. 1522 
PUBLIC LAW 114–94—DEC. 4, 2015 
system applications for commercial motor vehicle oper-
ations, including commercial motor vehicle, commercial 
driver, and carrier-specific information systems and 
networks; and 
‘‘(ii) to support and maintain commercial motor 
vehicle information systems and networks— 
‘‘(I) to link Federal motor carrier safety 
information systems with State commercial motor 
vehicle systems; 
‘‘(II) to improve the safety and productivity 
of commercial motor vehicles and drivers; and 
‘‘(III) to reduce costs associated with commer-
cial motor vehicle operations and Federal and 
State commercial motor vehicle regulatory require-
ments. 
‘‘(C) ELIGIBILITY.—To be eligible for a grant under this 
paragraph, a State shall— 
‘‘(i) have a commercial motor vehicle information 
systems and networks program plan approved by the 
Secretary that describes the various systems and net-
works at the State level that need to be refined, 
revised, upgraded, or built to accomplish deployment 
of commercial motor vehicle information systems and 
networks capabilities; 
‘‘(ii) certify to the Secretary that its commercial 
motor vehicle information systems and networks 
deployment activities, including hardware procure-
ment, software and system development, and infra-
structure modifications— 
‘‘(I) are consistent with the national intelligent 
transportation systems and commercial motor 
vehicle 
information 
systems 
and 
networks 
architectures and available standards; and 
‘‘(II) promote interoperability and efficiency to 
the extent practicable; and 
‘‘(iii) agree to execute interoperability tests devel-
oped by the Federal Motor Carrier Safety Administra-
tion to verify that its systems conform with the 
national intelligent transportation systems architec-
ture, applicable standards, and protocols for commer-
cial motor vehicle information systems and networks. 
‘‘(D) USE OF FUNDS.—Grant funds received under this 
paragraph may be used— 
‘‘(i) for deployment activities and activities to 
develop new and innovative advanced technology solu-
tions that support commercial motor vehicle informa-
tion systems and networks; 
‘‘(ii) for planning activities, including the develop-
ment or updating of program or top level design plans 
in order to become eligible or maintain eligibility under 
subparagraph (C); and 
‘‘(iii) for the operation and maintenance costs asso-
ciated with innovative technology. 
‘‘(E) SECRETARY
AUTHORIZATION.—The Secretary is 
authorized to award a State funding for the operation 
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129 STAT. 1523 
PUBLIC LAW 114–94—DEC. 4, 2015 
and maintenance costs associated with innovative tech-
nology deployment with funds made available under sec-
tions 31104(a)(1) and 31104(a)(2).’’. 
(b) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT PRO-
GRAM.—Section 31103 of title 49, United States Code, is amended 
to read as follows: 
‘‘§ 31103. Commercial motor vehicle operators grant program 
‘‘(a) IN GENERAL.—The Secretary shall administer a commercial 
motor vehicle operators grant program funded under section 31104. 
‘‘(b) PURPOSE.—The purpose of the grant program is to train 
individuals in the safe operation of commercial motor vehicles (as 
defined in section 31301). 
‘‘(c) VETERANS.—In administering grants under this section, 
the Secretary shall award priority to grant applications for pro-
grams to train former members of the armed forces (as defined 
in section 101 of title 10) in the safe operation of such vehicles.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 31104 of title 
49, United States Code, as amended by this Act, is further amended 
on the effective date set forth in subsection (f) to read as follows: 
‘‘§ 31104. Authorization of appropriations 
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The following sums 
are authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account): 
‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Subject 
to paragraph (2) and subsection (c), to carry out section 31102 
(except subsection (l))— 
‘‘(A) $292,600,000 for fiscal year 2017; 
‘‘(B) $298,900,000 for fiscal year 2018; 
‘‘(C) $304,300,000 for fiscal year 2019; and 
‘‘(D) $308,700,000 for fiscal year 2020. 
‘‘(2) HIGH PRIORITY ACTIVITIES PROGRAM.—Subject to sub-
section (c), to carry out section 31102(l)— 
‘‘(A) $42,200,000 for fiscal year 2017; 
‘‘(B) $43,100,000 for fiscal year 2018; 
‘‘(C) $44,000,000 for fiscal year 2019; and 
‘‘(D) $44,900,000 for fiscal year 2020. 
‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT PRO-
GRAM.—To carry out section 31103— 
‘‘(A) $1,000,000 for fiscal year 2017; 
‘‘(B) $1,000,000 for fiscal year 2018; 
‘‘(C) $1,000,000 for fiscal year 2019; and 
‘‘(D) $1,000,000 for fiscal year 2020. 
‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPLEMENTA-
TION PROGRAM.—Subject to subsection (c), to carry out section 
31313— 
‘‘(A) $31,200,000 for fiscal year 2017; 
‘‘(B) $31,800,000 for fiscal year 2018; 
‘‘(C) $32,500,000 for fiscal year 2019; and 
‘‘(D) $33,200,000 for fiscal year 2020. 
‘‘(b) REIMBURSEMENT
AND
PAYMENT
TO
RECIPIENTS
FOR 
GOVERNMENT SHARE OF COSTS.— 
‘‘(1) IN
GENERAL.—Amounts made available under sub-
section (a) shall be used to reimburse financial assistance recipi-
ents proportionally for the Federal Government’s share of the 
costs incurred. 
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129 STAT. 1524 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) 
REIMBURSEMENT
AMOUNTS.—The 
Secretary 
shall 
reimburse a recipient, in accordance with a financial assistance 
agreement made under section 31102, 31103, or 31313, an 
amount that is at least 85 percent of the costs incurred by 
the recipient in a fiscal year in developing and implementing 
programs under such sections. The Secretary shall pay the 
recipient an amount not more than the Federal Government 
share of the total costs approved by the Federal Government 
in the financial assistance agreement. The Secretary shall 
include a recipient’s in-kind contributions in determining the 
reimbursement. 
‘‘(3) VOUCHERS.—Each recipient shall submit vouchers at 
least quarterly for costs the recipient incurs in developing and 
implementing programs under sections 31102, 31103, and 
31313. 
‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND PROGRAM SUP-
PORT.—On October 1 of each fiscal year, or as soon after that 
date as practicable, the Secretary may deduct from amounts made 
available under paragraphs (1), (2), and (4) of subsection (a) for 
that fiscal year not more than 1.50 percent of those amounts for 
partner training and program support in that fiscal year. The 
Secretary shall use at least 75 percent of those deducted amounts 
to train non-Federal Government employees and to develop related 
training materials in carrying out such programs. 
‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS CONTRACTUAL 
OBLIGATIONS.—The approval of a financial assistance agreement 
by the Secretary under section 31102, 31103, or 31313 is a contrac-
tual obligation of the Federal Government for payment of the Fed-
eral Government’s share of costs in carrying out the provisions 
of the grant or cooperative agreement. 
‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall establish criteria 
for eligible activities to be funded with financial assistance agree-
ments under this section and publish those criteria in a notice 
of funding availability before the financial assistance program 
application period. 
‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ASSISTANCE AGREE-
MENT FUNDS FOR RECIPIENT EXPENDITURES.—The period of avail-
ability for a recipient to expend funds under a grant or cooperative 
agreement authorized under subsection (a) is as follows: 
‘‘(1) For grants made for carrying out section 31102, other 
than section 31102(l), for the fiscal year in which the Secretary 
approves the financial assistance agreement and for the next 
fiscal year. 
‘‘(2) For grants made or cooperative agreements entered 
into for carrying out section 31102(l)(2), for the fiscal year 
in which the Secretary approves the financial assistance agree-
ment and for the next 2 fiscal years. 
‘‘(3) For grants made for carrying out section 31102(l)(3), 
for the fiscal year in which the Secretary approves the financial 
assistance agreement and for the next 4 fiscal years. 
‘‘(4) For grants made for carrying out section 31103, for 
the fiscal year in which the Secretary approves the financial 
assistance agreement and for the next fiscal year. 
‘‘(5) For grants made or cooperative agreements entered 
into for carrying out section 31313, for the fiscal year in which 
the Secretary approves the financial assistance agreement and 
for the next 4 fiscal years. 
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129 STAT. 1525 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAILABILITY.— 
Amounts authorized from the Highway Trust Fund (other than 
the Mass Transit Account) by this section shall be available for 
obligation on the date of their apportionment or allocation or on 
October 1 of the fiscal year for which they are authorized, whichever 
occurs first. 
‘‘(h) AVAILABILITY OF FUNDING.—Amounts made available under 
this section shall remain available until expended. 
‘‘(i) REALLOCATION.—Amounts not expended by a recipient 
during the period of availability shall be released back to the 
Secretary for reallocation for any purpose under section 31102, 
31103, or 31313 or this section to ensure, to the maximum extent 
possible, that all such amounts are obligated.’’. 
(d) CLERICAL AMENDMENT.—The analysis for chapter 311 of 
title 49, United States Code, is amended by striking the items 
relating to sections 31102, 31103, and 31104 and inserting the 
following: 
‘‘31102. Motor carrier safety assistance program. 
‘‘31103. Commercial motor vehicle operators grant program. 
‘‘31104. Authorization of appropriations.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) SAFETY
FITNESS
OF
OWNERS
AND
OPERATOR; SAFETY 
REVIEWS
OF
NEW
OPERATORS.—Section 31144(g) of title 49, 
United States Code, is amended by striking paragraph (5). 
(2) INFORMATION SYSTEMS; PERFORMANCE AND REGISTRA-
TION
INFORMATION
PROGRAM.—Section 31106(b) of title 49, 
United States Code, is amended by striking paragraph (4). 
(3) BORDER ENFORCEMENT GRANTS.—Section 31107 of title 
49, United States Code, and the item relating to that section 
in the analysis for chapter 311 of that title, are repealed. 
(4) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM 
MANAGEMENT.—Section 31109 of title 49, United States Code, 
and the item relating to that section in the analysis for chapter 
311 of that title, are repealed. 
(5) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET-
WORKS DEPLOYMENT.—Section 4126 of SAFETEA–LU (49 U.S.C. 
31106 note), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are repealed. 
(6) SAFETY
DATA
IMPROVEMENT
PROGRAM.—Section 4128 
of SAFETEA–LU (49 U.S.C. 31100 note), and the item relating 
to that section in the table of contents contained in section 
1(b) of that Act, are repealed. 
(7) GRANT
PROGRAM
FOR
COMMERCIAL
MOTOR
VEHICLE 
OPERATORS.—Section 4134 of SAFETEA–LU (49 U.S.C. 31301 
note), and the item relating to that section in the table of 
contents contained in section 1(b) of that Act, are repealed. 
(8) MAINTENANCE OF EFFORT AS CONDITION ON GRANTS TO 
STATES.—Section 103(c) of the Motor Carrier Safety Improve-
ment Act of 1999 (49 U.S.C. 31102 note) is repealed. 
(9) STATE COMPLIANCE WITH CDL REQUIREMENTS.—Section 
103(e) of the Motor Carrier Safety Improvement Act of 1999 
(49 U.S.C. 31102 note) is repealed. 
(10) BORDER STAFFING STANDARDS.—Section 218(d) of the 
Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 
note) is amended— 
49 USC 
prec. 31100. 
49 USC 
prec. 31100. 
49 USC 
prec. 31100. 
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129 STAT. 1526 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) in paragraph (1) by striking ‘‘section 31104(f)(2)(B) 
of title 49, United States Code’’ and inserting ‘‘section 
31104(a)(1) of title 49, United States Code’’; and 
(B) by striking paragraph (3). 
(11) WINTER HOME HEATING OIL DELIVERY STATE FLEXI-
BILITY PROGRAM.—Section 346 of the National Highway System 
Designation Act of 1995 (49 U.S.C. 31166 note), and the item 
relating to that section in the table of contents in section 
1(b) of that Act, are repealed. 
(f) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2016. 
(g) TRANSITION.—Notwithstanding the amendments made by 
this section, the Secretary shall carry out sections 31102, 31103, 
and 31104 of title 49, United States Code, and any sections repealed 
under subsection (e), as necessary, as those sections were in effect 
on the day before October 1, 2016, with respect to applications 
for grants, cooperative agreements, or contracts under those sections 
submitted before October 1, 2016. 
SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYS-
TEMS MANAGEMENT. 
Section 31106(b) of title 49, United States Code, is amended 
in the subsection heading by striking ‘‘PROGRAM’’ and inserting 
‘‘SYSTEMS MANAGEMENT’’. 
SEC. 5103. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subchapter I of chapter 311 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 31110. Authorization of appropriations 
‘‘(a) ADMINISTRATIVE EXPENSES.—There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass 
Transit Account) for the Secretary of Transportation to pay adminis-
trative expenses of the Federal Motor Carrier Safety Administra-
tion— 
‘‘(1) $267,400,000 for fiscal year 2016; 
‘‘(2) $277,200,000 for fiscal year 2017; 
‘‘(3) $283,000,000 for fiscal year 2018; 
‘‘(4) $284,000,000 for fiscal year 2019; and 
‘‘(5) $288,000,000 for fiscal year 2020. 
‘‘(b) USE OF FUNDS.—The funds authorized by this section shall 
be used for— 
‘‘(1) personnel costs; 
‘‘(2) administrative infrastructure; 
‘‘(3) rent; 
‘‘(4) information technology; 
‘‘(5) programs for research and technology, information 
management, regulatory development, and the administration 
of performance and registration information systems manage-
ment under section 31106(b); 
‘‘(6) programs for outreach and education under subsection 
(c); 
‘‘(7) other operating expenses; 
‘‘(8) conducting safety reviews of new operators; and 
‘‘(9) such other expenses as may from time to time become 
necessary to implement statutory mandates of the Federal 
Motor Carrier Safety Administration not funded from other 
sources. 
49 USC 31110. 
49 USC 31102 
note. 
49 USC 31102 
note. 
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129 STAT. 1527 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(c) OUTREACH AND EDUCATION PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary may conduct, through 
any combination of grants, contracts, cooperative agreements, 
and other activities, an internal and external outreach and 
education program to be administered by the Administrator 
of the Federal Motor Carrier Safety Administration. 
‘‘(2) FEDERAL SHARE.—The Federal share of an outreach 
and education project for which a grant, contract, or cooperative 
agreement is made under this subsection may be up to 100 
percent of the cost of the project. 
‘‘(3) FUNDING.—From amounts made available under sub-
section (a), the Secretary shall make available not more than 
$4,000,000 each fiscal year to carry out this subsection. 
‘‘(d) CONTRACT AUTHORITY; INITIAL DATE OF AVAILABILITY.— 
Amounts authorized from the Highway Trust Fund (other than 
the Mass Transit Account) by this section shall be available for 
obligation on the date of their apportionment or allocation or on 
October 1 of the fiscal year for which they are authorized, whichever 
occurs first. 
‘‘(e) FUNDING AVAILABILITY.—Amounts made available under 
this section shall remain available until expended. 
‘‘(f) CONTRACTUAL OBLIGATION.—The approval of funds by the 
Secretary under this section is a contractual obligation of the Fed-
eral Government for payment of the Federal Government’s share 
of costs.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 311 of 
title 49, United States Code, is amended by adding at the end 
of the items relating to subchapter I the following: 
‘‘31110. Authorization of appropriations.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADMINISTRATIVE EXPENSES; AUTHORIZATION OF APPRO-
PRIATIONS.—Section 31104 of title 49, United States Code, is 
amended— 
(A) by striking subsection (i); and 
(B) by redesignating subsections (j) and (k) as sub-
sections (i) and (j), respectively. 
(2) USE OF AMOUNTS MADE AVAILABLE UNDER SUBSECTION 
(i).—Section 4116(d) of SAFETEA–LU (49 U.S.C. 31104 note) 
is amended by striking ‘‘section 31104(i)’’ and inserting ‘‘section 
31110’’. 
(3) INTERNATIONAL COOPERATION.—Section 31161 of title 
49, United States Code, is amended by striking ‘‘section 
31104(i)’’ and inserting ‘‘section 31110’’. 
(4) SAFETEA–LU; OUTREACH
AND
EDUCATION.—Section 
4127 of SAFETEA–LU (119 Stat. 1741; Public Law 109–59), 
and the item relating to that section in the table of contents 
contained in section 1(b) of that Act, are repealed. 
SEC. 5104. COMMERCIAL DRIVER’S LICENSE PROGRAM IMPLEMENTA-
TION. 
(a) IN GENERAL.—Section 31313 of title 49, United States Code, 
is amended to read as follows: 
‘‘§ 31313. Commercial driver’s license program implementa-
tion financial assistance program 
‘‘(a) FINANCIAL ASSISTANCE PROGRAM.— 
49 USC 3100 
note. 
49 USC 3100. 
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129 STAT. 1528 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) IN GENERAL.—The Secretary of Transportation shall 
administer a financial assistance program for commercial 
driver’s license program implementation for the purposes 
described in paragraphs (2) and (3). 
‘‘(2) 
STATE
COMMERCIAL
DRIVER’S
LICENSE
PROGRAM 
IMPLEMENTATION GRANTS.—In carrying out the program, the 
Secretary may make a grant to a State agency in a fiscal 
year— 
‘‘(A) to assist the State in complying with the require-
ments of section 31311; and 
‘‘(B) in the case of a State that is making a good 
faith effort toward substantial compliance with the require-
ments of section 31311, to improve the State’s implementa-
tion of its commercial driver’s license program, including 
expenses— 
‘‘(i) for computer hardware and software; 
‘‘(ii) for publications, testing, personnel, training, 
and quality control; 
‘‘(iii) for commercial driver’s license program 
coordinators; and 
‘‘(iv) to implement or maintain a system to notify 
an employer of an operator of a commercial motor 
vehicle of the suspension or revocation of the operator’s 
commercial driver’s license consistent with the stand-
ards developed under section 32303(b) of the Commer-
cial Motor Vehicle Safety Enhancement Act of 2012 
(49 U.S.C. 31304 note). 
‘‘(3) PRIORITY ACTIVITIES.—The Secretary may make a grant 
to or enter into a cooperative agreement with a State agency, 
local government, or any person in a fiscal year for research, 
development and testing, demonstration projects, public edu-
cation, and other special activities and projects relating to 
commercial drivers licensing and motor vehicle safety that— 
‘‘(A) benefit all jurisdictions of the United States; 
‘‘(B) 
address 
national 
safety 
concerns 
and 
cir-
cumstances; 
‘‘(C) address emerging issues relating to commercial 
driver’s license improvements; 
‘‘(D) support innovative ideas and solutions to commer-
cial driver’s license program issues; or 
‘‘(E) address other commercial driver’s license issues, 
as determined by the Secretary. 
‘‘(b) PROHIBITIONS.—A recipient may not use financial assist-
ance funds awarded under this section to rent, lease, or buy land 
or buildings. 
‘‘(c) REPORT.—The Secretary shall issue an annual report on 
the activities carried out under this section. 
‘‘(d) APPORTIONMENT.—All amounts made available to carry 
out this section for a fiscal year shall be apportioned to a recipient 
described in subsection (a)(3) according to criteria prescribed by 
the Secretary. 
‘‘(e) FUNDING.—For fiscal years beginning after September 30, 
2016, this section shall be funded under section 31104.’’. 
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129 STAT. 1529 
PUBLIC LAW 114–94—DEC. 4, 2015 
(b) CLERICAL AMENDMENT.—The analysis for chapter 313 of 
title 49, United States Code, is amended by striking the item 
relating to section 31313 and inserting the following: 
‘‘31313. Commercial driver’s license program implementation financial assistance 
program.’’. 
SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PRO-
GRAMS FOR FISCAL YEAR 2016. 
(a) MOTOR
CARRIER
SAFETY
ASSISTANCE
PROGRAM
GRANT 
EXTENSION.—Section 31104(a) of title 49, United States Code, is 
amended by striking paragraphs (10) and (11) and inserting the 
following: 
‘‘(10) $218,000,000 for fiscal year 2015; and 
‘‘(11) $218,000,000 for fiscal year 2016.’’. 
(b) EXTENSION
OF
GRANT
PROGRAMS.—Section 4101(c) of 
SAFETEA–LU (119 Stat. 1715; Public Law 109–59) is amended 
to read as follows: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The following sums 
are authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account): 
‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT 
GRANTS.—For carrying out the commercial driver’s license pro-
gram improvement grants program under section 31313 of title 
49, United States Code, $30,000,000 for fiscal year 2016. 
‘‘(2) BORDER ENFORCEMENT GRANTS.—For border enforce-
ment grants under section 31107 of that title $32,000,000 for 
fiscal year 2016. 
‘‘(3) PERFORMANCE AND REGISTRATION INFORMATION SYS-
TEMS MANAGEMENT GRANT PROGRAM.—For the performance and 
registration information systems management grant program 
under section 31109 of that title $5,000,000 for fiscal year 
2016. 
‘‘(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET-
WORKS DEPLOYMENT.—For carrying out the commercial vehicle 
information systems and networks deployment program under 
section 4126 of this Act $25,000,000 for fiscal year 2016. 
‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For safety data 
improvement grants under section 4128 of this Act $3,000,000 
for fiscal year 2016.’’. 
(c) HIGH-PRIORITY ACTIVITIES.—Section 31104(j)(2) of title 49, 
United States Code, as redesignated by this subtitle, is amended 
by striking ‘‘2015’’ the first place it appears and all that follows 
through ‘‘for States,’’ and inserting ‘‘2016 for States,’’. 
(d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) of title 49, 
United States Code, is amended to read as follows: 
‘‘(B) SET ASIDE.—The Secretary shall set aside from 
amounts made available under section 31104(a) up to 
$32,000,000 for fiscal year 2016 for audits of new entrant 
motor carriers conducted under this paragraph.’’. 
(e) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERA-
TORS.—Section 4134(c) of SAFETEA–LU (49 U.S.C. 31301 note) 
is amended to read as follows: 
‘‘(c) FUNDING.—From amounts made available under section 
31110 of title 49, United States Code, the Secretary shall make 
available, $1,000,000 for fiscal year 2016 to carry out this section.’’. 
(f) COMMERCIAL VEHICLE INFORMATION SYSTEMS
AND NET-
WORKS DEPLOYMENT.— 
49 USC 
prec. 31301. 
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129 STAT. 1530 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) IN GENERAL.—Section 4126 of SAFETEA–LU (49 U.S.C. 
31106 note; 119 Stat. 1738; Public Law 109–59) is amended— 
(A) in subsection (c)— 
(i) in paragraph (2) by adding at the end the 
following: ‘‘Funds deobligated by the Secretary from 
previous year grants shall not be counted toward the 
$2,500,000 maximum aggregate amount for core 
deployment.’’; and 
(ii) in paragraph (3) by adding at the end the 
following: ‘‘Funds may also be used for planning activi-
ties, including the development or updating of program 
or top level design plans.’’; and 
(B) in subsection (d)(4) by adding at the end the fol-
lowing: ‘‘Funds may also be used for planning activities, 
including the development or updating of program or top 
level design plans.’’. 
(2) INNOVATIVE TECHNOLOGY DEPLOYMENT PROGRAM.—For 
fiscal year 2016, the commercial vehicle information systems 
and networks deployment program under section 4126 of 
SAFETEA–LU (119 Stat. 1738; Public Law 109–59) may also 
be referred to as the innovative technology deployment pro-
gram. 
SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCA-
TION. 
(a) WORKING GROUP.— 
(1) ESTABLISHMENT.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall establish 
a motor carrier safety assistance program formula working 
group (in this section referred to as the ‘‘working group’’). 
(2) MEMBERSHIP.— 
(A) IN
GENERAL.—Subject to subparagraph (B), the 
working group shall consist of representatives of the fol-
lowing: 
(i) The Federal Motor Carrier Safety Administra-
tion. 
(ii) The lead State commercial motor vehicle safety 
agencies responsible for administering the plan 
required by section 31102 of title 49, United States 
Code. 
(iii) An organization representing State agencies 
responsible for enforcing a program for inspection of 
commercial motor vehicles. 
(iv) Such other persons as the Secretary considers 
necessary. 
(B) COMPOSITION.—Representatives of State commer-
cial motor vehicle safety agencies shall comprise at least 
51 percent of the membership. 
(3) NEW ALLOCATION FORMULA.—The working group shall 
analyze requirements and factors for the establishment of a 
new allocation formula for the motor carrier safety assistance 
program under section 31102 of title 49, United States Code. 
(4) RECOMMENDATION.—Not later than 1 year after the 
date the working group is established under paragraph (1), 
the working group shall make a recommendation to the Sec-
retary regarding a new allocation formula for the motor carrier 
safety assistance program. 
49 USC 31102 
note. 
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129 STAT. 1531 
PUBLIC LAW 114–94—DEC. 4, 2015 
(5) EXEMPTION.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the working group established 
under this subsection. 
(6) PUBLICATION.—The Administrator of the Federal Motor 
Carrier Safety Administration shall publish on a publicly acces-
sible Internet Web site of the Federal Motor Carrier Safety 
Administration— 
(A) detailed summaries of the meetings of the working 
group; and 
(B) the final recommendation of the working group 
provided to the Secretary. 
(b) NOTICE
OF PROPOSED RULEMAKING.—After receiving the 
recommendation of the working group under subsection (a)(4), the 
Secretary shall publish in the Federal Register a notice seeking 
public comment on the establishment of a new allocation formula 
for the motor carrier safety assistance program. 
(c) BASIS FOR FORMULA.—The Secretary shall ensure that the 
new allocation formula for the motor carrier safety assistance pro-
gram is based on factors that reflect, at a minimum— 
(1) the relative needs of the States to comply with section 
31102 of title 49, United States Code; 
(2) the relative administrative capacities of and challenges 
faced by States in complying with that section; 
(3) the average of each State’s new entrant motor carrier 
inventory for the 3-year period prior to the date of enactment 
of this Act; 
(4) the number of international border inspection facilities 
and border crossings by commercial vehicles in each State; 
and 
(5) any other factors the Secretary considers appropriate. 
(d) FUNDING
AMOUNTS
PRIOR
TO
DEVELOPMENT
OF
NEW 
ALLOCATION FORMULA.— 
(1) INTERIM FORMULA.—Prior to the development of the 
new allocation formula for the motor carrier safety assistance 
program, the Secretary may calculate the interim funding 
amounts for that program in fiscal year 2017 (and later fiscal 
years, as necessary) under section 31104(a)(1) of title 49, United 
States Code, as amended by this subtitle, by using the following 
methodology: 
(A) The Secretary shall calculate the funding amount 
to a State using the allocation formula the Secretary used 
to award motor carrier safety assistance program funding 
in fiscal year 2016 under section 31102 of title 49, United 
States Code. 
(B) The Secretary shall average the funding awarded 
or other equitable amounts to a State in fiscal years 2013, 
2014, and 2015 for— 
(i) border enforcement grants under section 31107 
of title 49, United States Code; and 
(ii) new entrant audit grants under section 
31144(g)(5) of that title. 
(C) The Secretary shall add the amounts calculated 
in subparagraphs (A) and (B). 
(2) ADJUSTMENTS.—Subject to the availability of funding 
and notwithstanding fluctuations in the data elements used 
by the Secretary, the initial amounts resulting from the calcula-
tion described in paragraph (1) shall be adjusted to ensure 
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129 STAT. 1532 
PUBLIC LAW 114–94—DEC. 4, 2015 
that, for each State, the amount shall not be less than 97 
percent of the average amount of funding received or other 
equitable amounts in fiscal years 2013, 2014, and 2015 for— 
(A) motor carrier safety assistance program funds 
awarded to the State under section 31102 of title 49, United 
States Code; 
(B) border enforcement grants awarded to the State 
under section 31107 of title 49, United States Code; and 
(C) new entrant audit grants awarded to the State 
under section 31144(g)(5) of title 49, United States Code. 
(3) IMMEDIATE RELIEF.—On the date of enactment of this 
Act, and for the 3 fiscal years following the implementation 
of the new allocation formula, the Secretary shall terminate 
the withholding of motor carrier safety assistance program 
funds from a State if the State was subject to the withholding 
of such funds for matters of noncompliance immediately prior 
to the date of enactment of this Act. 
(4) FUTURE WITHHOLDINGS.—Beginning on the date that 
the new allocation formula for the motor carrier safety assist-
ance program is implemented, the Secretary shall impose all 
future withholdings in accordance with section 31102(k) of title 
49, United States Code, as amended by this subtitle. 
(e) TERMINATION
OF WORKING GROUP.—The working group 
established under subsection (a) shall terminate on the date of 
the implementation of the new allocation formula for the motor 
carrier safety assistance program. 
SEC. 5107. MAINTENANCE OF EFFORT CALCULATION. 
(a) BEFORE NEW ALLOCATION FORMULA.— 
(1) FISCAL YEAR 2017.—If a new allocation formula for the 
motor carrier safety assistance program has not been estab-
lished under this subtitle for fiscal year 2017, the Secretary 
shall calculate for fiscal year 2017 the maintenance of effort 
baseline required under section 31102(f) of title 49, United 
States Code, as amended by this subtitle, by averaging the 
expenditures for fiscal years 2004 and 2005 required by section 
31102(b)(4) of title 49, United States Code, as that section 
was in effect on the day before the date of enactment of this 
Act. 
(2) SUBSEQUENT FISCAL YEARS.—The Secretary may use 
the methodology for calculating the maintenance of effort base-
line specified in paragraph (1) for fiscal year 2018 and subse-
quent fiscal years if a new allocation formula for the motor 
carrier safety assistance program has not been established for 
that fiscal year. 
(b) BEGINNING WITH NEW ALLOCATION FORMATION.— 
(1) IN
GENERAL.—Subject to paragraphs (2) and (3)(B), 
beginning on the date that a new allocation formula for the 
motor carrier safety assistance program is established under 
this subtitle, upon the request of a State, the Secretary may 
waive or modify the baseline maintenance of effort required 
of the State by section 31102(f) of title 49, United States Code, 
as amended by this subtitle, for the purpose of establishing 
a new baseline maintenance of effort if the Secretary deter-
mines that a waiver or modification— 
(A) is equitable due to reasonable circumstances; 
49 USC 31102 
note. 
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129 STAT. 1533 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) will ensure the continuation of commercial motor 
vehicle enforcement activities in the State; and 
(C) is necessary to ensure that the total amount of 
State maintenance of effort and matching expenditures 
required under sections 31102 and 31104 of title 49, United 
States Code, as amended by this subtitle, does not exceed 
a sum greater than the average of the total amount of 
State maintenance of effort and matching expenditures 
required under those sections for the 3 fiscal years prior 
to the date of enactment of this Act. 
(2) ADJUSTMENT METHODOLOGY.—If requested by a State, 
the Secretary may modify the maintenance of effort baseline 
referred to in paragraph (1) for the State according to the 
following methodology: 
(A) The Secretary shall establish the maintenance of 
effort baseline for the State using the average baseline 
of fiscal years 2004 and 2005, as required by section 
31102(b)(4) of title 49, United States Code, as that section 
was in effect on the day before the date of enactment 
of this Act. 
(B) The Secretary shall calculate the average required 
match by a lead State commercial motor vehicle safety 
agency for fiscal years 2013, 2014, and 2015 for motor 
carrier safety assistance grants established at 20 percent 
by section 31103 of title 49, United States Code, as that 
section was in effect on the day before the date of enact-
ment of this Act. 
(C) The Secretary shall calculate the estimated match 
required under section 31104(b) of title 49, United States 
Code, as amended by this subtitle. 
(D) The Secretary shall subtract the amount in 
subparagraph (B) from the amount in subparagraph (C) 
and— 
(i) if the number is greater than 0, the Secretary 
shall subtract the number from the amount in subpara-
graph (A); or 
(ii) if the number is not greater than 0, the Sec-
retary shall calculate the maintenance of effort using 
the methodology in subparagraph (A). 
(3) MAINTENANCE OF EFFORT AMOUNT.— 
(A) IN GENERAL.—The Secretary shall use the amount 
calculated under paragraph (2) as the baseline maintenance 
of effort required under section 31102(f) of title 49, United 
States Code, as amended by this subtitle. 
(B) DEADLINE.—If a State does not request a waiver 
or modification under this subsection before September 
30 during the first fiscal year that the Secretary imple-
ments a new allocation formula for the motor carrier safety 
assistance program under this subtitle, the Secretary shall 
calculate the maintenance of effort using the methodology 
described in paragraph (2)(A). 
(4) MAINTENANCE OF EFFORT DESCRIBED.—The maintenance 
of effort calculated under this section is the amount required 
under section 31102(f) of title 49, United States Code, as 
amended by this subtitle. 
(c) TERMINATION OF EFFECTIVENESS.—The authority of the Sec-
retary under this section shall terminate effective on the date 
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129 STAT. 1534 
PUBLIC LAW 114–94—DEC. 4, 2015 
that a new maintenance of effort baseline is calculated based on 
a new allocation formula for the motor carrier safety assistance 
program implemented under section 31102 of title 49, United States 
Code. 
Subtitle B—Federal Motor Carrier Safety 
Administration Reform 
PART I—REGULATORY REFORM 
SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE. 
Section 13906(e) of title 49, United States Code, is amended 
by inserting ‘‘or suspend’’ after ‘‘revoke’’. 
SEC. 5202. REGULATIONS. 
Section 31136 of title 49, United States Code, is amended— 
(1) by redesignating subsection (f) as subsection (g) and 
transferring such subsection to appear at the end of section 
31315 of such title; and 
(2) by adding at the end the following: 
‘‘(f) REGULATORY IMPACT ANALYSIS.— 
‘‘(1) IN GENERAL.—Within each regulatory impact analysis 
of a proposed or final major rule issued by the Federal Motor 
Carrier Safety Administration, the Secretary shall, whenever 
practicable— 
‘‘(A) consider the effects of the proposed or final rule 
on different segments of the motor carrier industry; and 
‘‘(B) formulate estimates and findings based on the 
best available science. 
‘‘(2) SCOPE.—To the extent feasible and appropriate, and 
consistent with law, an analysis described in paragraph (1) 
shall— 
‘‘(A) use data that is representative of commercial 
motor vehicle operators or motor carriers, or both, that 
will be impacted by the proposed or final rule; and 
‘‘(B) consider the effects on commercial truck and bus 
carriers of various sizes and types. 
‘‘(g) PUBLIC PARTICIPATION.— 
‘‘(1) IN GENERAL.—If a proposed rule under this part is 
likely to lead to the promulgation of a major rule, the Secretary, 
before publishing such proposed rule, shall— 
‘‘(A) issue an advance notice of proposed rulemaking; 
or 
‘‘(B) proceed with a negotiated rulemaking. 
‘‘(2) REQUIREMENTS.—Each advance notice of proposed rule-
making issued under paragraph (1) shall— 
‘‘(A) identify the need for a potential regulatory action; 
‘‘(B) identify and request public comment on the best 
available science or technical information relevant to ana-
lyzing potential regulatory alternatives; 
‘‘(C) request public comment on the available data 
and costs with respect to regulatory alternatives reasonably 
likely to be considered as part of the rulemaking; and 
‘‘(D) request public comment on available alternatives 
to regulation. 
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129 STAT. 1535 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(3) WAIVER.—This subsection does not apply to a proposed 
rule if the Secretary, for good cause, finds (and incorporates 
the finding and a brief statement of reasons for such finding 
in the proposed or final rule) that an advance notice of proposed 
rulemaking is impracticable, unnecessary, or contrary to the 
public interest. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in subsection (f) or (g) 
may be construed to limit the contents of an advance notice of 
proposed rulemaking.’’. 
SEC. 5203. GUIDANCE. 
(a) IN GENERAL.— 
(1) DATE OF ISSUANCE AND POINT OF CONTACT.—Each guid-
ance document issued by the Federal Motor Carrier Safety 
Administration shall have a date of issuance or a date of 
revision, as applicable, and shall include the name and contact 
information of a point of contact at the Administration who 
can respond to questions regarding the guidance. 
(2) PUBLIC ACCESSIBILITY.— 
(A) IN GENERAL.—Each guidance document issued or 
revised by the Federal Motor Carrier Safety Administration 
shall be published on a publicly accessible Internet Web 
site of the Department on the date of issuance or revision. 
(B) REDACTION.—The Administrator of the Federal 
Motor Carrier Safety Administration may redact from a 
guidance document published under subparagraph (A) any 
information that would reveal investigative techniques that 
would compromise Administration enforcement efforts. 
(3) INCORPORATION INTO REGULATIONS.—Not later than 5 
years after the date on which a guidance document is published 
under paragraph (2) or during an applicable review under 
subsection (c), whichever is earlier, the Secretary shall revise 
regulations to incorporate the guidance document to the extent 
practicable. 
(4) REISSUANCE.—If a guidance document is not incor-
porated into regulations in accordance with paragraph (3), the 
Administrator shall— 
(A) reissue an updated version of the guidance docu-
ment; and 
(B) review and reissue an updated version of the guid-
ance document every 5 years until the date on which the 
guidance document is removed or incorporated into 
applicable regulations. 
(b) INITIAL REVIEW.—Not later than 1 year after the date of 
enactment of this Act, the Administrator shall review all guidance 
documents issued by the Federal Motor Carrier Safety Administra-
tion and in effect on such date of enactment to ensure that such 
documents are current, are readily accessible to the public, and 
meet the standards specified in subparagraphs (A), (B), and (C) 
of subsection (c)(1). 
(c) REGULAR REVIEW.— 
(1) IN GENERAL.—Subject to paragraph (2), not less than 
once every 5 years, the Administrator shall conduct a com-
prehensive review of the guidance documents issued by the 
Federal Motor Carrier Safety Administration to determine 
whether such documents are— 
(A) consistent and clear; 
49 USC 113 note. 
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129 STAT. 1536 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) uniformly and consistently enforced; and 
(C) still necessary. 
(2) NOTICE AND COMMENT.—Prior to beginning a review 
under paragraph (1), the Administrator shall publish in the 
Federal Register a notice and request for comment that solicits 
input from stakeholders on which guidance documents should 
be updated or eliminated. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 60 days after the 
date on which a review under paragraph (1) is completed, 
the Administrator shall publish on a publicly accessible 
Internet Web site of the Department a report detailing 
the review and a full inventory of the guidance documents 
of the Administration. 
(B) CONTENTS.—A report under subparagraph (A) shall 
include a summary of the response of the Administration 
to comments received under paragraph (2). 
(d) GUIDANCE DOCUMENT DEFINED.—In this section, the term 
‘‘guidance document’’ means a document issued by the Federal 
Motor Carrier Safety Administration that— 
(1) provides an interpretation of a regulation of the 
Administration; or 
(2) includes an enforcement policy of the Administration 
available to the public. 
SEC. 5204. PETITIONS. 
(a) IN GENERAL.—The Administrator of the Federal Motor Car-
rier Safety Administration shall— 
(1) publish on a publicly accessible Internet Web site of 
the Department a summary of all petitions for regulatory action 
submitted to the Administration; 
(2) prioritize the petitions submitted based on the likelihood 
of safety improvements resulting from the regulatory action 
requested; 
(3) not later than 180 days after the date a summary 
of a petition is published under paragraph (1), formally respond 
to such petition by indicating whether the Administrator will 
accept, deny, or further review the petition; 
(4) prioritize responses to petitions consistent with a peti-
tion’s potential to reduce crashes, improve enforcement, and 
reduce unnecessary burdens; and 
(5) not later than 60 days after the date of receipt of 
a petition, publish on a publicly accessible Internet Web site 
of the Department an updated inventory of the petitions 
described in paragraph (1), including any applicable disposition 
information for those petitions. 
(b) TREATMENT OF MULTIPLE PETITIONS.—The Administrator 
may treat multiple similar petitions as a single petition for the 
purposes of subsection (a). 
(c) PETITION DEFINED.—In this section, the term ‘‘petition’’ 
means a request for— 
(1) a new regulation; 
(2) a regulatory interpretation or clarification; or 
(3) a determination by the Administrator that a regulation 
should be modified or eliminated because it is— 
(A) no longer— 
(i) consistent and clear; 
49 USC 113 note. 
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129 STAT. 1537 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) current with the operational realities of the 
motor carrier industry; or 
(iii) uniformly enforced; 
(B) ineffective; or 
(C) overly burdensome. 
SEC. 5205. INSPECTOR STANDARDS. 
Not later than 90 days after the date of enactment of this 
Act, the Administrator of the Federal Motor Carrier Safety Adminis-
tration shall revise the regulations under part 385 of title 49, 
Code of Federal Regulations, as necessary, to incorporate by ref-
erence the certification standards for roadside inspectors issued 
by the Commercial Vehicle Safety Alliance. 
SEC. 5206. APPLICATIONS. 
(a) REVIEW PROCESS.—Section 31315(b) of title 49, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) in the first sentence by striking ‘‘paragraph (3)’’ 
and inserting ‘‘this subsection’’; and 
(B) by striking the second sentence; 
(2) by redesignating paragraphs (2) through (7) as para-
graphs (4) through (9), respectively; and 
(3) by inserting after paragraph (1) the following: 
‘‘(2) LENGTH OF EXEMPTION AND RENEWAL.—An exemption 
may be granted under paragraph (1) for no longer than 5 
years and may be renewed, upon request, for subsequent 5- 
year periods if the Secretary continues to make the finding 
under paragraph (1). 
‘‘(3) OPPORTUNITY
FOR
RESUBMISSION.—If the Secretary 
denies an application under paragraph (1) and the applicant 
can reasonably address the reason for the denial, the Secretary 
may allow the applicant to resubmit the application.’’. 
(b) ADMINISTRATIVE EXEMPTIONS.— 
(1) IN GENERAL.—The Secretary shall make permanent the 
following limited exemptions: 
(A) Perishable construction products, as published in 
the Federal Register on April 2, 2015 (80 Fed. Reg. 17819). 
(B) Transport of commercial bee hives, as published 
in the Federal Register on June 19, 2015 (80 Fed. Reg. 
35425). 
(C) Safe transport of livestock, as published in the 
Federal Register on June 12, 2015 (80 Fed. Reg. 33584). 
(2) ADDITIONAL ADMINISTRATIVE EXEMPTIONS.—Any exemp-
tion from any provision of the regulations under part 395 
of title 49, Code of Federal Regulations, that is in effect on 
the date of enactment of this Act— 
(A) except as otherwise provided in section 31315(b) 
of title 49, shall be valid for a period of 5 years from 
the date such exemption was granted; and 
(B) may be subject to renewal under section 31315(b)(2) 
of title 49, United States Code. 
49 USC 31315 
note. 
49 USC 31148 
note. 
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129 STAT. 1538 
PUBLIC LAW 114–94—DEC. 4, 2015 
PART II—COMPLIANCE, SAFETY, 
ACCOUNTABILITY REFORM 
SEC. 5221. CORRELATION STUDY. 
(a) IN GENERAL.—The Administrator of the Federal Motor Car-
rier Safety Administration (referred to in this part as the ‘‘Adminis-
trator’’) shall commission the National Research Council of the 
National Academies to conduct a study of— 
(1) the Compliance, Safety, Accountability program of the 
Federal Motor Carrier Safety Administration (referred to in 
this part as the ‘‘CSA program’’); and 
(2) the Safety Measurement System utilized by the CSA 
program (referred to in this part as the ‘‘SMS’’). 
(b) SCOPE OF STUDY.—In carrying out the study commissioned 
pursuant to subsection (a), the National Research Council— 
(1) shall analyze— 
(A) the accuracy with which the Behavior Analysis 
and Safety Improvement Categories (referred to in this 
part as ‘‘BASIC’’)— 
(i) identify high risk carriers; and 
(ii) predict or are correlated with future crash risk, 
crash severity, or other safety indicators for motor 
carriers, including the highest risk carriers; 
(B) the methodology used to calculate BASIC percent-
iles and identify carriers for enforcement, including the 
weights assigned to particular violations and the tie 
between crash risk and specific regulatory violations, with 
respect to accurately identifying and predicting future crash 
risk for motor carriers; 
(C) the relative value of inspection information and 
roadside enforcement data; 
(D) any data collection gaps or data sufficiency prob-
lems that may exist and the impact of those gaps and 
problems on the efficacy of the CSA program; 
(E) the accuracy of safety data, including the use of 
crash data from crashes in which a motor carrier was 
free from fault; 
(F) whether BASIC percentiles for motor carriers of 
passengers should be calculated separately from motor car-
riers of freight; 
(G) the differences in the rates at which safety viola-
tions are reported to the Federal Motor Carrier Safety 
Administration for inclusion in the SMS by various enforce-
ment authorities, including States, territories, and Federal 
inspectors; and 
(H) how members of the public use the SMS and what 
effect making the SMS information public has had on 
reducing crashes and eliminating unsafe motor carriers 
from the industry; and 
(2) shall consider— 
(A) whether the SMS provides comparable precision 
and confidence, through SMS alerts and percentiles, for 
the relative crash risk of individual large and small motor 
carriers; 
(B) whether alternatives to the SMS would identify 
high risk carriers more accurately; and 
49 USC 31100 
note. 
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129 STAT. 1539 
PUBLIC LAW 114–94—DEC. 4, 2015 
(C) the recommendations and findings of the Comp-
troller General of the United States and the Inspector 
General of the Department, and independent review team 
reports, issued before the date of enactment of this Act. 
(c) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Administrator shall— 
(1) submit a report containing the results of the study 
commissioned pursuant to subsection (a) to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Transportation and Infrastruc-
ture of the House of Representatives; and 
(C) the Inspector General of the Department; and 
(2) publish the report on a publicly accessible Internet 
Web site of the Department. 
(d) CORRECTIVE ACTION PLAN.— 
(1) IN
GENERAL.—Not later than 120 days after the 
Administrator submits the report under subsection (c), if that 
report identifies a deficiency or opportunity for improvement 
in the CSA program or in any element of the SMS, the Adminis-
trator shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives a corrective action plan that— 
(A) responds to the deficiencies or opportunities identi-
fied by the report; 
(B) identifies how the Federal Motor Carrier Safety 
Administration will address such deficiencies or opportuni-
ties; and 
(C) provides an estimate of the cost, including with 
respect to changes in staffing, enforcement, and data collec-
tion, necessary to address such deficiencies or opportuni-
ties. 
(2) PROGRAM REFORMS.—The corrective action plan sub-
mitted under paragraph (1) shall include an implementation 
plan that— 
(A) includes benchmarks; 
(B) includes programmatic reforms, revisions to regula-
tions, or proposals for legislation; and 
(C) shall be considered in any rulemaking by the 
Department that relates to the CSA program, including 
the SMS or data analysis under the SMS. 
(e) INSPECTOR GENERAL REVIEW.—Not later than 120 days after 
the Administrator submits a corrective action plan under subsection 
(d), the Inspector General of the Department shall— 
(1) review the extent to which such plan addresses— 
(A) recommendations contained in the report submitted 
under subsection (c); and 
(B) relevant recommendations issued by the Comp-
troller General or the Inspector General before the date 
of enactment of this Act; and 
(2) submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives a 
report on the responsiveness of the corrective action plan to 
the recommendations described in paragraph (1). 
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129 STAT. 1540 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 5222. BEYOND COMPLIANCE. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall allow recognition, 
including credit or an improved SMS percentile, for a motor carrier 
that— 
(1) installs advanced safety equipment; 
(2) uses enhanced driver fitness measures; 
(3) adopts fleet safety management tools, technologies, and 
programs; or 
(4) satisfies other standards determined appropriate by 
the Administrator. 
(b) IMPLEMENTATION.—The Administrator shall carry out sub-
section (a) by— 
(1) incorporating a methodology into the CSA program; 
or 
(2) establishing a safety BASIC in the SMS. 
(c) PROCESS.— 
(1) IN GENERAL.—The Administrator, after providing notice 
and an opportunity for comment, shall develop a process for 
identifying and reviewing advanced safety equipment, enhanced 
driver fitness measures, fleet safety management tools, tech-
nologies, and programs, and other standards for use by motor 
carriers to receive recognition, including credit or an improved 
SMS percentile, for purposes of subsection (a). 
(2) CONTENTS.—A process developed under paragraph (1) 
shall— 
(A) provide for a petition process for reviewing 
advanced safety equipment, enhanced driver fitness meas-
ures, fleet safety management tools, technologies, and pro-
grams, and other standards; and 
(B) seek input and participation from industry stake-
holders, including commercial motor vehicle drivers, tech-
nology manufacturers, vehicle manufacturers, motor car-
riers, law enforcement, safety advocates, and the Motor 
Carrier Safety Advisory Committee. 
(d) QUALIFICATION.—The Administrator, after providing notice 
and an opportunity for comment, shall develop technical or other 
performance standards with respect to advanced safety equipment, 
enhanced driver fitness measures, fleet safety management tools, 
technologies, and programs, and other standards for purposes of 
subsection (a). 
(e) MONITORING.—The Administrator may authorize qualified 
entities to monitor motor carriers that receive recognition, including 
credit or an improved SMS percentile, under this section through 
a no-cost contract structure. 
(f) DISSEMINATION OF INFORMATION.—The Administrator shall 
maintain on a publicly accessible Internet Web site of the Depart-
ment information on— 
(1) the advanced safety equipment, enhanced driver fitness 
measures, fleet safety management tools, technologies, and pro-
grams, and other standards eligible for recognition, including 
credit or an improved SMS percentile; 
(2) any petitions for review of advanced safety equipment, 
enhanced driver fitness measures, fleet safety management 
tools, technologies, and programs, and other standards; and 
(3) any relevant statistics relating to the use of advanced 
safety equipment, enhanced driver fitness measures, fleet safety 
49 USC 31100 
note. 
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129 STAT. 1541 
PUBLIC LAW 114–94—DEC. 4, 2015 
management tools, technologies, and programs, and other 
standards. 
(g) REPORT.—Not later than 3 years after the date of enactment 
of this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate a report on the— 
(1) number of motor carriers receiving recognition, 
including credit or an improved SMS percentile, under this 
section; and 
(2) safety performance of such carriers. 
SEC. 5223. DATA CERTIFICATION. 
(a) IN GENERAL.—On and after the date that is 1 day after 
the date of enactment of this Act, no information regarding analysis 
of violations, crashes in which a determination is made that the 
motor carrier or the commercial motor vehicle driver is not at 
fault, alerts, or the relative percentile for each BASIC developed 
under the CSA program may be made available to the general 
public until the Inspector General of the Department certifies that— 
(1) the report required under section 5221(c) has been 
submitted in accordance with that section; 
(2) any deficiencies identified in the report required under 
section 5221(c) have been addressed; 
(3) if applicable, the corrective action plan under section 
5221(d) has been implemented; 
(4) the Administrator of the Federal Motor Carrier Safety 
Administration 
has 
fully 
implemented 
or 
satisfactorily 
addressed the issues raised in the report titled ‘‘Modifying 
the Compliance, Safety, Accountability Program Would Improve 
the Ability to Identify High Risk Carriers’’ of the Government 
Accountability Office and dated February 2014 (GAO–14–114); 
and 
(5) the Secretary has initiated modification of the CSA 
program in accordance with section 5222. 
(b) LIMITATION ON THE USE OF CSA ANALYSIS.—Information 
regarding alerts and the relative percentile for each BASIC devel-
oped under the CSA program may not be used for safety fitness 
determinations until the Inspector General of the Department 
makes the certification under subsection (a). 
(c) CONTINUED
PUBLIC
AVAILABILITY
OF
DATA.—Notwith-
standing any other provision of this section, inspection and violation 
information submitted to the Federal Motor Carrier Safety Adminis-
tration by commercial motor vehicle inspectors and qualified law 
enforcement officials, out-of-service rates, and absolute measures 
shall remain available to the public. 
(d) EXCEPTIONS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
this section— 
(A) the Federal Motor Carrier Safety Administration 
and State and local commercial motor vehicle enforcement 
agencies may use the information referred to in subsection 
(a) 
for 
purposes 
of 
investigation 
and 
enforcement 
prioritization; 
(B) a motor carrier and a commercial motor vehicle 
driver may access information referred to in subsection 
49 USC 31100 
note. 
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129 STAT. 1542 
PUBLIC LAW 114–94—DEC. 4, 2015 
(a) that relates directly to the motor carrier or driver, 
respectively; and 
(C) a data analysis of motorcoach operators may be 
provided online with a notation indicating that the ratings 
or alerts listed are not intended to imply any Federal 
safety rating of the carrier. 
(2) NOTATION.—The notation described in paragraph (1)(C) 
shall include the following: ‘‘Readers should not draw conclu-
sions about a carrier’s overall safety condition simply based 
on the data displayed in this system. Unless a motor carrier 
has received an UNSATISFACTORY safety rating under part 
385 of title 49, Code of Federal Regulations, or has otherwise 
been ordered to discontinue operations by the Federal Motor 
Carrier Safety Administration, it is authorized to operate on 
the Nation’s roadways.’’. 
(3) RULE OF CONSTRUCTION.—Nothing in this section may 
be construed to restrict the official use by State enforcement 
agencies of the data collected by State enforcement personnel. 
SEC. 5224. DATA IMPROVEMENT. 
(a) FUNCTIONAL
SPECIFICATIONS.—The Administrator shall 
develop functional specifications to ensure the consistent and 
accurate input of data into systems and databases relating to the 
CSA program. 
(b) FUNCTIONALITY.—The functional specifications developed 
pursuant to subsection (a)— 
(1) shall provide for the hardcoding and smart logic 
functionality for roadside inspection data collection systems 
and databases; and 
(2) shall be made available to public and private sector 
developers. 
(c) EFFECTIVE DATA MANAGEMENT.—The Administrator shall 
ensure that internal systems and databases accept and effectively 
manage data using uniform standards. 
(d) CONSULTATION WITH
THE STATES.—Before implementing 
the functional specifications developed pursuant to subsection (a) 
or the standards described in subsection (c), the Administrator 
shall seek input from the State agencies responsible for enforcing 
section 31102 of title 49, United States Code. 
SEC. 5225. ACCIDENT REVIEW. 
(a) IN GENERAL.—Not later than 1 year after a certification 
under section 5223, the Secretary shall task the Motor Carrier 
Safety Advisory Committee with reviewing the treatment of 
preventable crashes under the SMS. 
(b) DUTIES.—Not later than 6 months after being tasked under 
subsection (a), the Motor Carrier Safety Advisory Committee shall 
make recommendations to the Secretary on a process to allow 
motor carriers and drivers to request that the Administrator make 
a determination with respect to the preventability of a crash, if 
such a process has not yet been established by the Secretary. 
(c) REPORT.—The Secretary shall— 
(1) review and consider the recommendations provided by 
the Motor Carrier Safety Advisory Committee; and 
(2) report to Congress on how the Secretary intends to 
address the treatment of preventable crashes. 
(d) PREVENTABLE DEFINED.—In this section, the term ‘‘prevent-
able’’ has the meaning given that term in Appendix B of part 
49 USC 31100 
note. 
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129 STAT. 1543 
PUBLIC LAW 114–94—DEC. 4, 2015 
385 of title 49, Code of Federal Regulations, as in effect on the 
date of enactment of this Act. 
Subtitle C—Commercial Motor Vehicle 
Safety 
SEC. 5301. WINDSHIELD TECHNOLOGY. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall revise the regulations 
in section 393.60(e) of title 49, Code of Federal Regulations (relating 
to the prohibition on obstructions to the driver’s field of view) 
to exempt from that section the voluntary mounting on a windshield 
of vehicle safety technology likely to achieve a level of safety that 
is equivalent to or greater than the level of safety that would 
be achieved absent the exemption. 
(b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In this section, 
the term ‘‘vehicle safety technology’’ includes a fleet-related incident 
management system, performance or behavior management system, 
speed management system, lane departure warning system, forward 
collision warning or mitigation system, and active cruise control 
system and any other technology that the Secretary considers 
applicable. 
(c) RULE OF CONSTRUCTION.—For purposes of this section, any 
windshield mounted technology with a short term exemption under 
part 381 of title 49, Code of Federal Regulations, on the date 
of enactment of this Act, shall be considered likely to achieve 
a level of safety that is equivalent to or greater than the level 
of safety that would be achieved absent an exemption under sub-
section (a). 
SEC. 5302. PRIORITIZING STATUTORY RULEMAKINGS. 
The Administrator of the Federal Motor Carrier Safety 
Administration shall prioritize the completion of each outstanding 
rulemaking required by statute before beginning any other rule-
making, unless the Secretary determines that there is a significant 
need for such other rulemaking and notifies Congress of such deter-
mination. 
SEC. 5303. SAFETY REPORTING SYSTEM. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on the 
cost and feasibility of establishing a self-reporting system for 
commercial motor vehicle drivers or motor carriers with respect 
to en route equipment failures. 
(b) CONTENTS.—The report required under subsection (a) shall 
include— 
(1) an analysis of— 
(A) alternatives for the reporting of equipment failures 
in real time, including an Internet Web site or telephone 
hotline; 
(B) the ability of a commercial motor vehicle driver 
or a motor carrier to provide to the Federal Motor Carrier 
49 USC 113 note. 
49 USC 31136 
note. 
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129 STAT. 1544 
PUBLIC LAW 114–94—DEC. 4, 2015 
Safety Administration proof of repair of a self-reported 
equipment failure; 
(C) the ability of the Federal Motor Carrier Safety 
Administration to ensure that self-reported equipment fail-
ures proven to be repaired are not used in the calculation 
of Behavior Analysis and Safety Improvement Category 
scores; 
(D) the ability of roadside inspectors to access self- 
reported equipment failures; 
(E) the cost to establish and administer a self-reporting 
system; 
(F) the ability for a self-reporting system to track indi-
vidual commercial motor vehicles through unique identi-
fiers; and 
(G) whether a self-reporting system would yield demon-
strable safety benefits; 
(2) an identification of any regulatory or statutory impedi-
ments to the implementation of a self-reporting system; and 
(3) recommendations on implementing a self-reporting 
system. 
SEC. 5304. NEW ENTRANT SAFETY REVIEW PROGRAM. 
(a) IN GENERAL.—The Secretary shall conduct an assessment 
of the new operator safety review program under section 31144(g) 
of title 49, United States Code, including the program’s effectiveness 
in reducing crashes, fatalities, and injuries involving commercial 
motor vehicles and improving commercial motor vehicle safety. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall publish on a publicly accessible 
Internet Web site of the Department and submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the results of the assessment conducted 
under subsection (a), including any recommendations for improving 
the effectiveness of the program (including recommendations for 
legislative changes). 
SEC. 5305. HIGH RISK CARRIER REVIEWS. 
(a) IN GENERAL.—The Secretary shall ensure that a review 
is completed on each motor carrier that demonstrates through 
performance data that it poses the highest safety risk. At a min-
imum, a review shall be conducted whenever a motor carrier is 
among the highest risk carriers for 4 consecutive months. 
(b) REPORT.—The Secretary shall post on a public Web site 
a report on the actions the Secretary has taken to comply with 
this section, including the number of high risk carriers identified 
and the high risk carriers reviewed. 
(c) CONFORMING AMENDMENT.—Section 4138 of SAFETEA–LU 
(49 U.S.C. 31144 note), and the item relating to that section in 
the table of contents in section 1(b) of that Act, are repealed. 
SEC. 5306. POST-ACCIDENT REPORT REVIEW. 
(a) IN GENERAL.—Not later than 120 days after the date of 
enactment of this Act, the Secretary shall convene a working 
group— 
(1) to review the data elements of post-accident reports, 
for tow-away accidents involving commercial motor vehicles, 
that are reported to the Federal Government; and 
49 USC 31144 
note. 
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(2) to report to the Secretary its findings and any rec-
ommendations, including best practices for State post-accident 
reports to achieve the data elements described in subsection 
(c). 
(b) COMPOSITION.—Not less than 51 percent of the working 
group should be composed of individuals representing the States 
or State law enforcement officials. The remaining members of the 
working group shall represent industry, labor, safety advocates, 
and other interested parties. 
(c) CONSIDERATIONS.—The working group shall consider 
requiring additional data elements, including— 
(1) the primary cause of the accident, if the primary cause 
can be determined; and 
(2) the physical characteristics of the commercial motor 
vehicle and any other vehicle involved in the accident, 
including— 
(A) the vehicle configuration; 
(B) the gross vehicle weight, if the weight can be 
readily determined; 
(C) the number of axles; and 
(D) the distance between axles, if the distance can 
be readily determined. 
(d) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall— 
(1) review the findings of the working group; 
(2) identify the best practices for State post-accident reports 
that are reported to the Federal Government, including identi-
fying the data elements that should be collected following a 
tow-away commercial motor vehicle accident; and 
(3) recommend to the States the adoption of new data 
elements to be collected following reportable commercial motor 
vehicle accidents. 
(e) TERMINATION.—The working group shall terminate not more 
than 180 days after the date on which the Secretary makes rec-
ommendations under subsection (d)(3). 
SEC. 5307. IMPLEMENTING SAFETY REQUIREMENTS. 
(a) IN GENERAL.—For each rulemaking described in subsection 
(c), not later than 30 days after the date of enactment of this 
Act and every 180 days thereafter until the rulemaking is complete, 
the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a written notification that includes— 
(1) for a rulemaking with a statutory deadline— 
(A) an explanation of why the deadline was not met; 
and 
(B) an expected date of completion of the rulemaking; 
and 
(2) for a rulemaking without a statutory deadline, an 
expected date of completion of the rulemaking. 
(b) ADDITIONAL CONTENTS.—A notification submitted under 
subsection (a) shall include— 
(1) an updated rulemaking timeline; 
(2) a list of factors causing delays in the completion of 
the rulemaking; and 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(3) any other details associated with the status of the 
rulemaking. 
(c) RULEMAKINGS.—The Secretary shall submit a written 
notification under subsection (a) for each of the following 
rulemakings: 
(1) The rulemaking required under section 31306a(a)(1) 
of title 49, United States Code. 
(2) The rulemaking required under section 31137(a) of title 
49, United States Code. 
(3) The rulemaking required under section 31305(c) of title 
49, United States Code. 
(4) The rulemaking required under section 31601 of division 
C of MAP–21 (49 U.S.C. 30111 note). 
(5) A rulemaking concerning motor carrier safety fitness 
determinations. 
(6) A rulemaking concerning commercial motor vehicle 
safety required by an Act of Congress enacted on or after 
August 1, 2005, and incomplete for more than 2 years. 
Subtitle D—Commercial Motor Vehicle 
Drivers 
SEC. 5401. OPPORTUNITIES FOR VETERANS. 
(a) STANDARDS FOR TRAINING AND TESTING OF VETERAN OPERA-
TORS.—Section 31305 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(d) STANDARDS FOR TRAINING AND TESTING OF VETERAN OPERA-
TORS.— 
‘‘(1) IN GENERAL.—Not later than December 31, 2016, the 
Secretary shall modify the regulations prescribed under sub-
sections (a) and (c) to— 
‘‘(A) exempt a covered individual from all or a portion 
of a driving test if the covered individual had experience 
in the armed forces or reserve components driving vehicles 
similar to a commercial motor vehicle; 
‘‘(B) ensure that a covered individual may apply for 
an exemption under subparagraph (A) during, at least, 
the 1-year period beginning on the date on which such 
individual separates from service in the armed forces or 
reserve components; and 
‘‘(C) credit the training and knowledge a covered indi-
vidual received in the armed forces or reserve components 
driving vehicles similar to a commercial motor vehicle for 
purposes of satisfying minimum standards for training and 
knowledge. 
‘‘(2) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
‘‘(A) ARMED FORCES.—The term ‘armed forces’ has the 
meaning given that term in section 101(a) of title 10. 
‘‘(B) COVERED
INDIVIDUAL.—The term ‘covered indi-
vidual’ means an individual over the age of 21 years who 
is— 
‘‘(i) a former member of the armed forces; or 
‘‘(ii) a former member of the reserve components. 
‘‘(C) RESERVE COMPONENTS.—The term ‘reserve compo-
nents’ means— 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) the Army National Guard of the United States; 
‘‘(ii) the Army Reserve; 
‘‘(iii) the Navy Reserve; 
‘‘(iv) the Marine Corps Reserve; 
‘‘(v) the Air National Guard of the United States; 
‘‘(vi) the Air Force Reserve; and 
‘‘(vii) the Coast Guard Reserve.’’. 
(b) IMPLEMENTATION OF ADMINISTRATIVE RECOMMENDATIONS.— 
Not later than 1 year after the date of enactment of this Act, 
the Secretary, in consultation with the Secretary of Defense, shall 
implement the recommendations contained in the report submitted 
under section 32308 of MAP–21 (49 U.S.C. 31301 note) that are 
not implemented as a result of the amendment in subsection (a). 
(c) IMPLEMENTATION OF THE MILITARY COMMERCIAL DRIVER’S 
LICENSE ACT.—Not later than December 31, 2015, the Secretary 
shall issue final regulations to implement the exemption to the 
domicile requirement under section 31311(a)(12)(C) of title 49, 
United States Code. 
(d) CONFORMING AMENDMENT.—Section 31311(a)(12)(C)(ii) of 
title 49, United States Code, is amended to read as follows: 
‘‘(ii) is an active duty member of— 
‘‘(I) the armed forces (as that term is defined in 
section 101(a) of title 10); or 
‘‘(II) the reserve components (as that term is 
defined in section 31305(d)(2) of this title); and’’. 
SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS. 
(a) IN GENERAL.—Section 31306 of title 49, United States Code, 
is amended— 
(1) in subsection (b)(1)— 
(A) by redesignating subparagraph (B) as subpara-
graph (C); 
(B) in subparagraph (A) by striking ‘‘The regulations 
shall permit such motor carriers to conduct preemployment 
testing of such employees for the use of alcohol.’’; and 
(C) by inserting after subparagraph (A) the following: 
‘‘(B) The regulations prescribed under subparagraph (A) shall 
permit motor carriers— 
‘‘(i) to conduct preemployment testing of commercial motor 
vehicle operators for the use of alcohol; and 
‘‘(ii) to use hair testing as an acceptable alternative to 
urine testing— 
‘‘(I) in conducting preemployment testing for the use 
of a controlled substance; and 
‘‘(II) in conducting random testing for the use of a 
controlled substance if the operator was subject to hair 
testing for preemployment testing.’’; 
(2) in subsection (b)(2)— 
(A) in subparagraph (A) by striking ‘‘and’’ at the end; 
(B) in subparagraph (B) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) shall provide an exemption from hair testing for 
commercial motor vehicle operators with established religious 
beliefs that prohibit the cutting or removal of hair.’’; and 
(3) in subsection (c)(2)— 
49 USC 31311 
note. 
49 USC 31301 
note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(A) in the matter preceding subparagraph (A) by 
inserting ‘‘for urine testing, and technical guidelines for 
hair testing,’’ before ‘‘including mandatory guidelines’’; 
(B) in subparagraph (B) by striking ‘‘and’’ at the end; 
(C) in subparagraph (C) by inserting ‘‘and’’ after the 
semicolon; and 
(D) by adding at the end the following: 
‘‘(D) laboratory protocols and cut-off levels for hair 
testing to detect the use of a controlled substance;’’. 
(b) GUIDELINES.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Health and Human Services 
shall issue scientific and technical guidelines for hair testing as 
a method of detecting the use of a controlled substance for purposes 
of section 31306 of title 49, United States Code. 
SEC. 5403. MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL 
DRIVER’S LICENSES. 
(a) IN GENERAL.—In the case of a physician-approved veteran 
operator, the qualified physician of such operator may, subject 
to the requirements of subsection (b), perform a medical examina-
tion and provide a medical certificate for purposes of compliance 
with the requirements of section 31149 of title 49, United States 
Code. 
(b) CERTIFICATION.—The certification described under sub-
section (a) shall include— 
(1) assurances that the physician performing the medical 
examination meets the requirements of a qualified physician 
under this section; and 
(2) certification that the physical condition of the operator 
is adequate to enable such operator to operate a commercial 
motor vehicle safely. 
(c) NATIONAL REGISTRY
OF MEDICAL EXAMINERS.—The Sec-
retary, in consultation with the Secretary of Veterans Affairs, shall 
develop a process for qualified physicians to perform a medical 
examination and provide a medical certificate under subsection 
(a) and include such physicians on the national registry of medical 
examiners established under section 31149(d) of title 49, United 
States Code. 
(d) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) PHYSICIAN-APPROVED
VETERAN
OPERATOR.—The term 
‘‘physician-approved veteran operator’’ means an operator of 
a commercial motor vehicle who— 
(A) is a veteran who is enrolled in the health care 
system established under section 1705(a) of title 38, United 
States Code; and 
(B) is required to have a current valid medical certifi-
cate pursuant to section 31149 of title 49, United States 
Code. 
(2) QUALIFIED PHYSICIAN.—The term ‘‘qualified physician’’ 
means a physician who— 
(A) is employed in the Department of Veterans Affairs; 
(B) is familiar with the standards for, and physical 
requirements of, an operator certified pursuant to section 
31149 of title 49, United States Code; and 
49 USC 31149 
note. 
49 USC 31306 
note. 
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129 STAT. 1549 
PUBLIC LAW 114–94—DEC. 4, 2015 
(C) has never, with respect to such section, been found 
to have acted fraudulently, including by fraudulently 
awarding a medical certificate. 
(3) VETERAN.—The term ‘‘veteran’’ has the meaning given 
the term in section 101 of title 38, United States Code. 
(e) STATUTORY CONSTRUCTION.—Nothing in this section shall 
be construed to change any statutory penalty associated with fraud 
or abuse. 
SEC. 5404. COMMERCIAL DRIVER PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a pilot program 
under section 31315(c) of title 49, United States Code, to study 
the feasibility, benefits, and safety impacts of allowing a covered 
driver to operate a commercial motor vehicle in interstate commerce. 
(b) DATA COLLECTION.—The Secretary shall collect and analyze 
data relating to accidents in which— 
(1) a covered driver participating in the pilot program 
is involved; and 
(2) a driver under the age of 21 operating a commercial 
motor vehicle in intrastate commerce is involved. 
(c) LIMITATIONS.—A driver participating in the pilot program 
may not— 
(1) transport— 
(A) passengers; or 
(B) hazardous cargo; or 
(2) operate a vehicle in special configuration. 
(d) WORKING GROUP.— 
(1) ESTABLISHMENT.—The Secretary shall conduct, monitor, 
and evaluate the pilot program in consultation with a working 
group to be established by the Secretary consisting of represent-
atives of the armed forces, industry, drivers, safety advocacy 
organizations, and State licensing and enforcement officials. 
(2) DUTIES.—The working group shall review the data col-
lected under subsection (b) and provide recommendations to 
the Secretary on the feasibility, benefits, and safety impacts 
of allowing a covered driver to operate a commercial motor 
vehicle in interstate commerce. 
(e) REPORT.—Not later than 1 year after the date on which 
the pilot program is concluded, the Secretary shall submit to Con-
gress a report describing the findings of the pilot program and 
the recommendations of the working group. 
(f) DEFINITIONS.—In this section, the following definitions apply: 
(1) ACCIDENT.—The term ‘‘accident’’ has the meaning given 
that term in section 390.5 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of this Act. 
(2) ARMED
FORCES.—The term ‘‘armed forces’’ has the 
meaning given that term in section 101(a) of title 10, United 
States Code. 
(3) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial 
motor vehicle’’ has the meaning given that term in section 
31301 of title 49, United States Code. 
(4) COVERED DRIVER.—The term ‘‘covered driver’’ means 
an individual who is— 
(A) between the ages of 18 and 21; 
(B) a member or former member of the— 
(i) armed forces; or 
49 USC 31315 
note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) reserve components (as defined in section 
31305(d)(2) of title 49, United States Code, as added 
by this Act); and 
(C) qualified in a Military Occupational Specialty to 
operate a commercial motor vehicle or similar vehicle. 
Subtitle E—General Provisions 
SEC. 5501. DELAYS IN GOODS MOVEMENT. 
(a) REPORT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Inspector General of the Depart-
ment shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report on the average length of time that operators of commer-
cial motor vehicles are delayed before the loading and unloading 
of such vehicles and at other points in the pick-up and delivery 
process. 
(2) CONTENTS.—The report under paragraph (1) shall 
include— 
(A) an assessment of how delays impact— 
(i) the economy; 
(ii) the efficiency of the transportation system; 
(iii) motor carrier safety, including the extent to 
which delays result in violations of motor carrier safety 
regulations; and 
(iv) the livelihood of motor carrier drivers; and 
(B) recommendations on how delays could be mitigated. 
(b) COLLECTION OF DATA.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall establish by 
regulation a process to collect data on delays experienced by opera-
tors of commercial motor vehicles before the loading and unloading 
of such vehicles and at other points in the pick-up and delivery 
process. 
SEC. 5502. EMERGENCY ROUTE WORKING GROUP. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall establish a working 
group to determine best practices for expeditious State approval 
of special permits for vehicles involved in emergency response 
and recovery. 
(2) MEMBERS.—The working group shall include represent-
atives from— 
(A) State highway transportation departments or agen-
cies; 
(B) relevant modal agencies within the Department; 
(C) emergency response or recovery experts; 
(D) relevant safety groups; and 
(E) entities affected by special permit restrictions 
during emergency response and recovery efforts. 
(b) CONSIDERATIONS.—In determining best practices under sub-
section (a), the working group shall consider whether— 
49 USC 14103 
note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(1) impediments currently exist that prevent expeditious 
State approval of special permits for vehicles involved in emer-
gency response and recovery; 
(2) it is possible to pre-identify and establish emergency 
routes between States through which infrastructure repair 
materials could be delivered following a natural disaster or 
emergency; 
(3) a State could pre-designate an emergency route identi-
fied under paragraph (2) as a certified emergency route if 
a motor vehicle that exceeds the otherwise applicable Federal 
and State truck length or width limits may safely operate 
along such route during periods of declared emergency and 
recovery from such periods; and 
(4) an online map could be created to identify each pre- 
designated emergency route under paragraph (3), including 
information on specific limitations, obligations, and notification 
requirements along that route. 
(c) REPORT.— 
(1) SUBMISSION.—Not later than 1 year after the date of 
enactment of this Act, the working group shall submit to the 
Secretary a report on its findings under this section and any 
recommendations for the implementation of best practices for 
expeditious State approval of special permits for vehicles 
involved in emergency response and recovery. 
(2) PUBLICATION.—Not later than 30 days after the date 
the Secretary receives the report under paragraph (1), the 
Secretary shall publish the report on a publicly accessible Inter-
net Web site of the Department. 
(d) NOTIFICATION.—Not later than 6 months after the date 
the Secretary receives the report under subsection (c)(1), the Sec-
retary shall notify the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on the actions 
the Secretary and the States have taken to implement the rec-
ommendations included in the report. 
(e) TERMINATION.—The working group shall terminate 1 year 
after the date the Secretary receives the report under subsection 
(c)(1). 
SEC. 5503. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING 
GROUP. 
(a) WORKING GROUP.—The Secretary shall establish a working 
group for the purpose of developing recommendations on how to 
best convey to consumers relevant information with respect to the 
Federal laws concerning the interstate transportation of household 
goods by motor carrier. 
(b) MEMBERSHIP.—The Secretary shall ensure that the working 
group is comprised of individuals with expertise in consumer affairs, 
educators with expertise in how people learn most effectively, and 
representatives of the household goods moving industry. 
(c) RECOMMENDATIONS.— 
(1) CONTENTS.—The recommendations developed by the 
working group shall include recommendations on— 
(A) condensing publication ESA 03005 of the Federal 
Motor Carrier Safety Administration into a format that 
is more easily used by consumers; 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(B) using state-of-the-art education techniques and 
technologies, including optimizing the use of the Internet 
as an educational tool; and 
(C) reducing and simplifying the paperwork required 
of motor carriers and shippers in interstate transportation. 
(2) DEADLINE.—Not later than 1 year after the date of 
enactment of this Act— 
(A) the working group shall make the recommendations 
described in paragraph (1); and 
(B) the Secretary shall publish the recommendations 
on a publicly accessible Internet Web site of the Depart-
ment. 
(d) REPORT.—Not later than 1 year after the date on which 
the working group makes its recommendations under subsection 
(c)(2), the Secretary shall issue a report to Congress on the 
implementation of such recommendations. 
(e) TERMINATION.—The working group shall terminate 1 year 
after the date the working group makes its recommendations under 
subsection (c)(2). 
SEC. 5504. TECHNOLOGY IMPROVEMENTS. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General of the United 
States shall conduct a comprehensive analysis of the information 
technology and data collection and management systems of the 
Federal Motor Carrier Safety Administration. 
(b) REQUIREMENTS.—The study conducted under subsection (a) 
shall— 
(1) evaluate the efficacy of the existing information tech-
nology, data collection, processing systems, data correction 
procedures, and data management systems and programs, 
including their interaction with each other and their efficacy 
in meeting user needs; 
(2) identify any redundancies among the systems, proce-
dures, and programs described in paragraph (1); 
(3) explore the feasibility of consolidating data collection 
and processing systems; 
(4) evaluate the ability of the systems, procedures, and 
programs described in paragraph (1) to meet the needs of— 
(A) the Federal Motor Carrier Safety Administration, 
at both the headquarters and State levels; 
(B) the State agencies that implement the motor carrier 
safety assistance program under section 31102 of title 49, 
United States Code; and 
(C) other users; 
(5) evaluate the adaptability of the systems, procedures, 
and programs described in paragraph (1), in order to make 
necessary future changes to ensure user needs are met in 
an easier, timely, and more cost-efficient manner; 
(6) investigate and make recommendations regarding— 
(A) deficiencies in existing data sets impacting program 
effectiveness; and 
(B) methods to improve user interfaces; and 
(7) identify the appropriate role the Federal Motor Carrier 
Safety Administration should take with respect to software 
and information systems design, development, and maintenance 
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PUBLIC LAW 114–94—DEC. 4, 2015 
for the purpose of improving the efficacy of the systems, proce-
dures, and programs described in paragraph (1). 
SEC. 5505. NOTIFICATION REGARDING MOTOR CARRIER REGISTRA-
TION. 
Not later than 30 days after the date of enactment of this 
Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
written notification of the actions the Secretary is taking to ensure, 
to the greatest extent practicable, that each application for registra-
tion under section 13902 of title 49, United States Code, is processed 
not later than 30 days after the date on which the application 
is received by the Secretary. 
SEC. 5506. REPORT ON COMMERCIAL DRIVER’S LICENSE SKILLS TEST 
DELAYS. 
Not later than 18 months after the date of enactment of this 
Act, and each year thereafter, the Administrator of the Federal 
Motor Carrier Safety Administration shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that— 
(1) describes, for each State, the status of skills testing 
for applicants for a commercial driver’s license, including— 
(A) the average wait time from the date an applicant 
requests to take a skills test to the date the applicant 
has the opportunity to complete such test; 
(B) the average wait time from the date an applicant, 
upon failure of a skills test, requests a retest to the date 
the applicant has the opportunity to complete such retest; 
(C) the actual number of qualified commercial driver’s 
license examiners available to test applicants; and 
(D) the number of testing sites available through the 
State department of motor vehicles and whether this 
number has increased or decreased from the previous year; 
and 
(2) describes specific steps that the Administrator is taking 
to address skills testing delays in States that have average 
skills test or retest wait times of more than 7 days from 
the date an applicant requests to test or retest to the date 
the applicant has the opportunity to complete such test or 
retest. 
SEC. 5507. ELECTRONIC LOGGING DEVICE REQUIREMENTS. 
Section 31137(b) of title 49, United States Code, is amended— 
(1) in paragraph (1)(C) by striking ‘‘apply to’’ and inserting 
‘‘except as provided in paragraph (3), apply to’’; and 
(2) by adding at the end the following: 
‘‘(3) EXCEPTION.—A motor carrier, when transporting a 
motor home or recreation vehicle trailer within the definition 
of the term ‘driveaway-towaway operation’ (as defined in section 
390.5 of title 49, Code of Federal Regulations), may comply 
with the hours of service requirements by requiring each driver 
to use— 
‘‘(A) a paper record of duty status form; or 
‘‘(B) an electronic logging device.’’. 
49 USC 31305 
note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 5508. TECHNICAL CORRECTIONS. 
(a) TITLE 49.—Title 49, United States Code, is amended as 
follows: 
(1) Section 13902(i)(2) is amended by inserting ‘‘except 
as’’ before ‘‘described’’. 
(2) Section 13903(d) is amended by striking ‘‘(d) REGISTRA-
TION AS MOTOR CARRIER REQUIRED.—’’ and all that follows 
through ‘‘(1) IN GENERAL.—A freight forwarder’’ and inserting 
‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.—A freight 
forwarder’’. 
(3) Section 13905(d)(2)(D) is amended— 
(A) 
by 
striking 
‘‘the 
Secretary 
finds 
that—’’ and all that follows through ‘‘(i) the motor carrier,’’ 
and inserting ‘‘the Secretary finds that the motor carrier,’’; 
and 
(B) by adding a period at the end. 
(4) Section 14901(h) is amended by striking ‘‘HOUSEHOLD 
GOODS’’ in the heading. 
(5) Section 14916 is amended by striking the section des-
ignation and heading and inserting the following: 
‘‘§ 14916. Unlawful brokerage activities’’. 
(b) MAP–21.—Effective as of July 6, 2012, and as if included 
therein as enacted, MAP–21 (Public Law 112–141) is amended 
as follows: 
(1) Section 32108(a)(4) (126 Stat. 782) is amended by 
inserting ‘‘for’’ before ‘‘each additional day’’ in the matter pro-
posed to be struck. 
(2) Section 32301(b)(3) (126 Stat. 786) is amended by 
striking ‘‘by amending (a) to read as follows:’’ and inserting 
‘‘by striking subsection (a) and inserting the following:’’. 
(3) Section 32302(c)(2)(B) (126 Stat. 789) is amended by 
striking 
‘‘section 
32303(c)(1)’’ 
and 
inserting 
‘‘section 
32302(c)(1)’’. 
(4) Section 32921(b) (126 Stat. 828) is amended, in the 
matter to be inserted, by striking ‘‘(A) In addition’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—In addition’’. 
(5) Section 32931(c) (126 Stat. 829) is amended— 
(A) by striking ‘‘Secretary’’ and inserting ‘‘Secretary 
of Transportation’’ in the matter to be struck; and 
(B) by striking ‘‘Secretary’’ and inserting ‘‘Secretary 
of Transportation’’ in the matter to be inserted. 
(c) MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999.—Sec-
tion 229(a)(1) of the Motor Carrier Safety Improvement Act of 
1999 (49 U.S.C. 31136 note) is amended by inserting ‘‘of title 49, 
United States Code,’’ after ‘‘sections 31136 and 31502’’. 
SEC. 5509. MINIMUM FINANCIAL RESPONSIBILITY. 
(a) TRANSPORTING PROPERTY.—If the Secretary proceeds with 
a rulemaking to determine whether to increase the minimum levels 
of financial responsibility required under section 31139 of title 
49, United States Code, the Secretary shall consider, prior to issuing 
a final rule— 
(1) the rulemaking’s potential impact on— 
(A) the safety of motor vehicle transportation; and 
(B) the motor carrier industry; 
49 USC 31138 
note. 
49 USC 31307. 
49 USC 31144. 
49 USC 31149 
note. 
49 USC 31137. 
49 USC 14901. 
49 USC 14901 
note. 
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129 STAT. 1555 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) the ability of the insurance industry to provide the 
required amount of insurance; 
(3) the extent to which current minimum levels of financial 
responsibility adequately cover— 
(A) medical care; 
(B) compensation; and 
(C) other identifiable costs; 
(4) the frequency with which insurance claims exceed cur-
rent minimum levels of financial responsibility in fatal 
accidents; and 
(5) the impact of increased levels on motor carrier safety 
and accident reduction. 
(b) TRANSPORTING PASSENGERS.— 
(1) IN GENERAL.—Prior to initiating a rulemaking to change 
the minimum levels of financial responsibility under section 
31138 of title 49, United States Code, the Secretary shall com-
plete a study specific to the minimum financial responsibility 
requirements for motor carriers of passengers. 
(2) STUDY CONTENTS.—A study under paragraph (1) shall 
include, to the extent practicable— 
(A) a review of accidents, injuries, and fatalities in 
the over-the-road bus and school bus industries; 
(B) a review of insurance held by over-the-road bus 
and public and private school bus companies, including 
companies of various sizes, and an analysis of whether 
such insurance is adequate to cover claims; 
(C) an analysis of whether and how insurance affects 
the behavior and safety record of motor carriers of pas-
sengers, including with respect to crash reduction; and 
(D) an analysis of the anticipated impacts of an 
increase in financial responsibility on insurance premiums 
for passenger carriers and service availability. 
(3) CONSULTATION.—In conducting a study under para-
graph (1), the Secretary shall consult with— 
(A) representatives of the over-the-road bus and private 
school bus transportation industries, including representa-
tives of bus drivers; and 
(B) insurers of motor carriers of passengers. 
(4) REPORT.—If the Secretary undertakes a study under 
paragraph (1), the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the 
study. 
SEC. 
5510. 
SAFETY 
STUDY 
REGARDING 
DOUBLE-DECKER 
MOTORCOACHES. 
(a) STUDY.—The Secretary, in consultation with State transpor-
tation safety and law enforcement officials, shall conduct a study 
regarding the safety operations, fire suppression capability, tire 
loads, and pavement impacts of operating a double-decker motor-
coach equipped with a device designed by the motorcoach manufac-
turer to attach to the rear of the motorcoach for use in transporting 
passenger baggage. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary shall submit a report containing 
the results of the study to— 
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129 STAT. 1556 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) the Committee on Transportation and Infrastructure 
of the House of Representatives; and 
(2) the Committee on Commerce, Science, and Transpor-
tation of the Senate. 
SEC. 5511. GAO REVIEW OF SCHOOL BUS SAFETY. 
Not later than 1 year after the date of enactment of this 
Act, the Comptroller General of the United States shall submit 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a review of the following: 
(1) Existing Federal and State rules and guidance, as of 
the date of the review, concerning school bus transportation 
of elementary school and secondary school students engaging 
in home-to-school transport or other transport determined by 
the Comptroller General to be a routine part of kindergarten 
through grade 12 education, including regulations and guidance 
regarding driver training programs, capacity requirements, pro-
grams for special needs students, inspection standards, vehicle 
age requirements, best practices, and public access to inspection 
results and crash records. 
(2) Any correlation between public or private school bus 
fleet operators whose vehicles are involved in an accident as 
defined by section 390.5 of title 49, Code of Federal Regulations, 
and each of the following: 
(A) A failure by those same operators of State or local 
safety inspections. 
(B) The average age or odometer readings of the school 
buses in the fleets of such operators. 
(C) Violations of Federal laws administered by the 
Department of Transportation, or of State law equivalents 
of such laws. 
(D) Violations of State or local law relating to illegal 
passing of a school bus. 
(3) A regulatory framework comparison of public and pri-
vate school bus operations. 
(4) Expert recommendations on best practices for safe and 
reliable school bus transportation, including driver training 
programs, inspection standards, school bus age and odometer 
reading maximums for retirement, the percentage of buses 
in a local bus fleet needed as spare buses, and capacity levels 
per school bus for different age groups. 
SEC. 5512. ACCESS TO NATIONAL DRIVER REGISTER. 
Section 30305(b) of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(13) The Administrator of the Federal Motor Carrier Safety 
Administration may request the chief driver licensing official 
of a State to provide information under subsection (a) of this 
section about an individual in connection with a safety inves-
tigation under the Administrator’s jurisdiction.’’. 
SEC. 5513. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS 
ROADSIDE INSPECTION SYSTEMS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
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129 STAT. 1557 
PUBLIC LAW 114–94—DEC. 4, 2015 
Representatives a report regarding the design, development, testing, 
and implementation of wireless roadside inspection systems. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include a determination as to whether Federal wireless roadside 
inspection systems— 
(1) conflict with existing electronic screening systems, or 
create capabilities already available; 
(2) require additional statutory authority to incorporate 
generated inspection data into the safety measurement system 
or the safety fitness determinations program; and 
(3) provide appropriate restrictions to specifically address 
privacy concerns of affected motor carriers and operators. 
SEC. 5514. REGULATION OF TOW TRUCK OPERATIONS. 
Section 14501(c)(2)(C) of title 49, United States Code, is 
amended by striking ‘‘the price of’’ and all that follows through 
‘‘transportation is’’ and inserting ‘‘the regulation of tow truck oper-
ations’’. 
SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COM-
MUTING. 
(a) EFFECTS OF COMMUTING.—The Administrator of the Federal 
Motor Carrier Safety Administration shall conduct a study on the 
safety effects of motor carrier operator commutes exceeding 150 
minutes. 
(b) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Administrator shall submit to Congress a 
report containing the findings under the study. 
SEC. 5516. ADDITIONAL STATE AUTHORITY. 
Notwithstanding any other provision of law, South Dakota shall 
be provided the opportunity to update and revise the routes des-
ignated as qualifying Federal-aid Primary System highways under 
section 31111(e) of title 49, United States Code, as long as the 
update shifts routes to divided highways or does not increase center-
line miles by more than 5 percent and is expected to increase 
safety performance. 
SEC. 5517. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY. 
(a) IN GENERAL.—Not later than January 1, 2017, the Secretary 
shall publish on a publicly accessible Internet Web site of the 
Department a report on the minimum levels of financial responsi-
bility required under section 31139 of title 49, United States Code. 
(b) CONTENTS.—The report required under subsection (a) shall 
include, to the extent practicable, an analysis of— 
(1) the differences between State insurance requirements 
and Federal requirements; 
(2) the extent to which current minimum levels of financial 
responsibility adequately cover— 
(A) medical care; 
(B) compensation; and 
(C) other identifiable costs; and 
(3) the frequency with which insurance claims exceed the 
current minimum levels of financial responsibility. 
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129 STAT. 1558 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 5518. COVERED FARM VEHICLES. 
Section 32934(b)(1) of MAP–21 (49 U.S.C. 31136 note) is 
amended by striking ‘‘from’’ and all that follows through the period 
at end and inserting the following: ‘‘from— 
‘‘(A) a requirement described in subsection (a) or a 
compatible State requirement; or 
‘‘(B) any other minimum standard provided by a State 
relating to the operation of that vehicle.’’. 
SEC. 5519. OPERATORS OF HI-RAIL VEHICLES. 
(a) IN GENERAL.—In the case of a commercial motor vehicle 
driver subject to the hours of service requirements in part 395 
of title 49, Code of Federal Regulations, who is driving a hi-rail 
vehicle, the maximum on duty time under section 395.3 of such 
title for such driver shall not include time in transportation to 
or from a duty assignment if such time in transportation— 
(1) does not exceed 2 hours per calendar day or a total 
of 30 hours per calendar month; and 
(2) is fully and accurately accounted for in records to be 
maintained by the motor carrier and such records are made 
available upon request of the Federal Motor Carrier Safety 
Administration or the Federal Railroad Administration. 
(b) HI-RAIL VEHICLE DEFINED.—In this section, the term ‘‘hi- 
rail vehicle’’ means an internal rail flaw detection vehicle equipped 
with flange hi-rails. 
SEC. 5520. AUTOMOBILE TRANSPORTER. 
(a) AUTOMOBILE TRANSPORTER DEFINED.—Section 31111(a)(1) 
of title 49, United States Code, is amended— 
(1) by striking ‘‘specifically’’; and 
(2) by adding at the end the following: ‘‘An automobile 
transporter shall not be prohibited from the transport of cargo 
or general freight on a backhaul, so long as it complies with 
weight limitations for a truck tractor and semitrailer combina-
tion.’’. 
(b) TRUCK TRACTOR DEFINED.—Section 31111(a)(3)(B) of title 
49, United States Code, is amended— 
(1) by striking ‘‘only’’; and 
(2) by inserting before the period at the end the following: 
‘‘or any other commodity, including cargo or general freight 
on a backhaul’’. 
(c) BACKHAUL DEFINED.—Section 31111(a) of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(5) BACKHAUL.—The term ‘backhaul’ means the return 
trip of a vehicle transporting cargo or general freight, especially 
when carrying goods back over all or part of the same route.’’. 
(d) STINGER-STEERED
AUTOMOBILE
TRANSPORTERS.—Section 
31111(b)(1) of title 49, United States Code, is amended— 
(1) in subparagraph (E) by striking ‘‘or’’ at the end; 
(2) in subparagraph (F) by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(G) imposes a vehicle length limitation of less than 80 
feet on a stinger-steered automobile transporter with a front 
overhang of less than 4 feet and a rear overhang of less than 
6 feet; or’’. 
49 USC 31136 
note. 
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129 STAT. 1559 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 5521. READY MIX CONCRETE DELIVERY VEHICLES. 
Section 31502 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(f) READY MIXED CONCRETE DELIVERY VEHICLES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, regulations issued under this section or section 31136 
(including section 395.1(e)(1)(ii) of title 49, Code of Federal 
Regulations) regarding reporting, recordkeeping, or documenta-
tion of duty status shall not apply to any driver of a ready 
mixed concrete delivery vehicle if— 
‘‘(A) the driver operates within a 100 air-mile radius 
of the normal work reporting location; 
‘‘(B) the driver returns to the work reporting location 
and is released from work within 14 consecutive hours; 
‘‘(C) the driver has at least 10 consecutive hours off 
duty following each 14 hours on duty; 
‘‘(D) the driver does not exceed 11 hours maximum 
driving time following 10 consecutive hours off duty; and 
‘‘(E) the motor carrier that employs the driver main-
tains and retains for a period of 6 months accurate and 
true time records that show— 
‘‘(i) the time the driver reports for duty each day; 
‘‘(ii) the total number of hours the driver is on 
duty each day; 
‘‘(iii) the time the driver is released from duty 
each day; and 
‘‘(iv) the total time for the preceding driving week 
the driver is used for the first time or intermittently. 
‘‘(2) DEFINITION.—In this section, the term ‘driver of a 
ready mixed concrete delivery vehicle’ means a driver of a 
vehicle designed to deliver ready mixed concrete on a daily 
basis and is equipped with a mechanism under which the 
vehicle’s propulsion engine provides the power to operate a 
mixer drum to agitate and mix the product en route to the 
delivery site.’’. 
SEC. 5522. TRANSPORTATION OF CONSTRUCTION MATERIALS AND 
EQUIPMENT. 
Section 229(e)(4) of the Motor Carrier Safety Improvement Act 
of 1999 (49 U.S.C. 31136 note) is amended— 
(1) by striking ‘‘50 air mile radius’’ and inserting ‘‘75 air 
mile radius’’; and 
(2) by striking ‘‘the driver.’’ and inserting ‘‘the driver, except 
that a State, upon notice to the Secretary, may establish a 
different air mile radius limitation for purposes of this para-
graph if such limitation is between 50 and 75 air miles and 
applies only to movements that take place entirely within the 
State.’’. 
SEC. 5523. COMMERCIAL DELIVERY OF LIGHT- AND MEDIUM-DUTY 
TRAILERS. 
(a) DEFINITIONS.—Section 31111(a) of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(6) TRAILER TRANSPORTER TOWING UNIT.—The term ‘trailer 
transporter towing unit’ means a power unit that is not used 
to carry property when operating in a towaway trailer trans-
porter combination. 
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129 STAT. 1560 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(7) TOWAWAY TRAILER TRANSPORTER COMBINATION.—The 
term ‘towaway trailer transporter combination’ means a com-
bination of vehicles consisting of a trailer transporter towing 
unit and 2 trailers or semitrailers— 
‘‘(A) with a total weight that does not exceed 26,000 
pounds; and 
‘‘(B) in which the trailers or semitrailers carry no prop-
erty and constitute inventory property of a manufacturer, 
distributor, or dealer of such trailers or semitrailers.’’. 
(b) GENERAL LIMITATIONS.—Section 31111(b)(1) of such title 
is amended by adding at the end the following: 
‘‘(H) has the effect of imposing an overall length limitation 
of less than 82 feet on a towaway trailer transporter combina-
tion.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) 
PROPERTY-CARRYING
UNIT
LIMITATION.—Section 
31112(a)(1) of such title is amended by inserting before the 
period at the end the following: ‘‘, but not including a trailer 
or a semitrailer transported as part of a towaway trailer trans-
porter combination (as defined in section 31111(a))’’. 
(2) ACCESS
TO
INTERSTATE
SYSTEM.—Section 31114(a)(2) 
of such title is amended by inserting ‘‘any towaway trailer 
transporter combination (as defined in section 31111(a)),’’ after 
‘‘passengers,’’. 
SEC. 
5524. 
EXEMPTIONS 
FROM 
REQUIREMENTS 
FOR 
CERTAIN 
WELDING TRUCKS USED IN PIPELINE INDUSTRY. 
(a) COVERED MOTOR VEHICLE DEFINED.—In this section, the 
term ‘‘covered motor vehicle’’ means a motor vehicle that— 
(1) is traveling in the State in which the vehicle is reg-
istered or another State; 
(2) is owned by a welder; 
(3) is a pick-up style truck; 
(4) is equipped with a welding rig that is used in the 
construction or maintenance of pipelines; and 
(5) has a gross vehicle weight and combination weight 
rating and weight of 15,000 pounds or less. 
(b) 
FEDERAL
REQUIREMENTS.—A 
covered 
motor 
vehicle, 
including the individual operating such vehicle and the employer 
of such individual, shall be exempt from the following: 
(1) Any requirement relating to registration as a motor 
carrier, including the requirement to obtain and display a 
Department of Transportation number, established under chap-
ters 139 and 311 of title 49, United States Code. 
(2) Any requirement relating to driver qualifications estab-
lished under chapter 311 of title 49, United States Code. 
(3) Any requirement relating to driving of commercial motor 
vehicles established under chapter 311 of title 49, United States 
Code. 
(4) Any requirement relating to parts and accessories and 
inspection, repair, and maintenance of commercial motor 
vehicles established under chapter 311 of title 49, United States 
Code. 
(5) Any requirement relating to hours of service of drivers, 
including maximum driving and on duty time, established 
under chapter 315 of title 49, United States Code. 
49 USC 31136 
note. 
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129 STAT. 1561 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 5525. REPORT. 
(a) IN GENERAL.—Not later than 4 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report describing the safety and enforcement 
impacts of sections 5520, 5521, 5522, 5523, 5524, and 7208 of 
this Act. 
(b) CONSULTATION.—In preparing the report required under 
subsection (a), the Secretary shall consult with States, State law 
enforcement agencies, entities impacted by the sections described 
in subsection (a), and other entities the Secretary considers appro-
priate. 
TITLE VI—INNOVATION 
SEC. 6001. SHORT TITLE. 
This title may be cited as the ‘‘Transportation for Tomorrow 
Act of 2015’’. 
SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account): 
(1) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To 
carry out section 503(b) of title 23, United States Code, 
$125,000,000 for each of fiscal years 2016 through 2020. 
(2) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.— 
To carry out section 503(c) of title 23, United States Code— 
(A) $67,000,000 for fiscal year 2016; 
(B) $67,500,000 for fiscal year 2017; 
(C) $67,500,000 for fiscal year 2018; 
(D) $67,500,000 for fiscal year 2019; and 
(E) $67,500,000 for fiscal year 2020. 
(3) TRAINING AND EDUCATION.—To carry out section 504 
of title 23, United States Code, $24,000,000 for each of fiscal 
years 2016 through 2020. 
(4) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To 
carry out sections 512 through 518 of title 23, United States 
Code, $100,000,000 for each of fiscal years 2016 through 2020. 
(5) UNIVERSITY
TRANSPORTATION
CENTERS
PROGRAM.—To 
carry out section 5505 of title 49, United States Code— 
(A) $72,500,000 for fiscal year 2016; 
(B) $75,000,000 for fiscal year 2017; 
(C) $75,000,000 for fiscal year 2018; 
(D) $77,500,000 for fiscal year 2019; and 
(E) $77,500,000 for fiscal year 2020. 
(6) BUREAU OF TRANSPORTATION STATISTICS.—To carry out 
chapter 63 of title 49, United States Code, $26,000,000 for 
each of fiscal years 2016 through 2020. 
(b) ADMINISTRATION.—The Federal Highway Administration 
shall— 
(1) administer the programs described in paragraphs (1), 
(2), and (3) of subsection (a); and 
(2) in consultation with relevant modal administrations, 
administer the programs described in subsection (a)(4). 
23 USC 501 note. 
23 USC 101 note. 
Transportation 
for Tomorrow Act 
of 2015. 
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129 STAT. 1562 
PUBLIC LAW 114–94—DEC. 4, 2015 
(c) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds 
authorized to be appropriated by subsection (a) shall— 
(1) be available for obligation in the same manner as if 
those funds were apportioned under chapter 1 of title 23, United 
States Code, except that the Federal share of the cost of a 
project or activity carried out using those funds shall be 80 
percent, unless otherwise expressly provided by this Act 
(including the amendments by this Act) or otherwise deter-
mined by the Secretary; and 
(2) remain available until expended and not be transferable, 
except as otherwise provided in this Act. 
SEC. 6003. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM. 
Section 503(c)(3) of title 23, United States Code, is amended— 
(1) in subparagraph (C) by striking ‘‘2013 through 2014’’ 
and inserting ‘‘2016 through 2020’’; and 
(2) by adding at the end the following: 
‘‘(D) PUBLICATION.— 
‘‘(i) 
IN
GENERAL.—Not 
less 
frequently 
than 
annually, the Secretary shall issue and make available 
to the public on an Internet website a report on the 
cost and benefits from deployment of new technology 
and innovations that substantially and directly 
resulted from the program established under this para-
graph. 
‘‘(ii) INCLUSIONS.—The report under clause (i) may 
include an analysis of— 
‘‘(I) Federal, State, and local cost savings; 
‘‘(II) project delivery time improvements; 
‘‘(III) reduced fatalities; and 
‘‘(IV) congestion impacts.’’. 
SEC. 6004. ADVANCED TRANSPORTATION AND CONGESTION MANAGE-
MENT TECHNOLOGIES DEPLOYMENT. 
Section 503(c) of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(4) ADVANCED
TRANSPORTATION
TECHNOLOGIES
DEPLOY-
MENT.— 
‘‘(A) IN GENERAL.—Not later than 6 months after the 
date of enactment of this paragraph, the Secretary shall 
establish an advanced transportation and congestion 
management technologies deployment initiative to provide 
grants to eligible entities to develop model deployment 
sites for large scale installation and operation of advanced 
transportation technologies to improve safety, efficiency, 
system performance, and infrastructure return on invest-
ment. 
‘‘(B) CRITERIA.—The Secretary shall develop criteria 
for selection of an eligible entity to receive a grant under 
this paragraph, including how the deployment of technology 
will— 
‘‘(i) reduce costs and improve return on invest-
ments, including through the enhanced use of existing 
transportation capacity; 
‘‘(ii) deliver environmental benefits that alleviate 
congestion and streamline traffic flow; 
‘‘(iii) 
measure 
and 
improve 
the 
operational 
performance of the applicable transportation network; 
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129 STAT. 1563 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(iv) reduce the number and severity of traffic 
crashes and increase driver, passenger, and pedestrian 
safety; 
‘‘(v) collect, disseminate, and use real-time traffic, 
transit, parking, and other transportation-related 
information to improve mobility, reduce congestion, 
and provide for more efficient and accessible transpor-
tation; 
‘‘(vi) monitor transportation assets to improve 
infrastructure management, reduce maintenance costs, 
prioritize investment decisions, and ensure a state of 
good repair; 
‘‘(vii) deliver economic benefits by reducing delays, 
improving system performance, and providing for the 
efficient and reliable movement of goods and services; 
or 
‘‘(viii) accelerate the deployment of vehicle-to- 
vehicle, vehicle-to-infrastructure, autonomous vehicles, 
and other technologies. 
‘‘(C) APPLICATIONS.— 
‘‘(i) REQUEST.—Not later than 6 months after the 
date of enactment of this paragraph, and for every 
fiscal year thereafter, the Secretary shall request 
applications in accordance with clause (ii). 
‘‘(ii) CONTENTS.—An application submitted under 
this subparagraph shall include the following: 
‘‘(I) PLAN.—A plan to deploy and provide for 
the long-term operation and maintenance of 
advanced transportation and congestion manage-
ment technologies to improve safety, efficiency, 
system performance, and return on investment. 
‘‘(II) 
OBJECTIVES.—Quantifiable 
system 
performance improvements, such as— 
‘‘(aa) 
reducing 
traffic-related 
crashes, 
congestion, and costs; 
‘‘(bb) optimizing system efficiency; and 
‘‘(cc) improving access to transportation 
services. 
‘‘(III) RESULTS.—Quantifiable safety, mobility, 
and environmental benefit projections such as 
data-driven estimates of how the project will 
improve the region’s transportation system effi-
ciency and reduce traffic congestion. 
‘‘(IV) PARTNERSHIPS.—A plan for partnering 
with the private sector or public agencies, 
including multimodal and multijurisdictional enti-
ties, research institutions, organizations rep-
resenting transportation and technology leaders, 
or other transportation stakeholders. 
‘‘(V) LEVERAGING.—A plan to leverage and 
optimize existing local and regional advanced 
transportation technology investments. 
‘‘(D) GRANT SELECTION.— 
‘‘(i) GRANT AWARDS.—Not later than 1 year after 
the date of enactment of this paragraph, and for every 
fiscal year thereafter, the Secretary shall award grants 
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PUBLIC LAW 114–94—DEC. 4, 2015 
to not less than 5 and not more than 10 eligible enti-
ties. 
‘‘(ii) GEOGRAPHIC DIVERSITY.—In awarding a grant 
under this paragraph, the Secretary shall ensure, to 
the extent practicable, that grant recipients represent 
diverse geographic areas of the United States, 
including urban and rural areas. 
‘‘(iii) TECHNOLOGY
DIVERSITY.—In awarding a 
grant under this paragraph, the Secretary shall ensure, 
to the extent practicable, that grant recipients rep-
resent diverse technology solutions. 
‘‘(E) USE
OF
GRANT
FUNDS.—A grant recipient may 
use funds awarded under this paragraph to deploy 
advanced transportation and congestion management tech-
nologies, including— 
‘‘(i) advanced traveler information systems; 
‘‘(ii) advanced transportation management tech-
nologies; 
‘‘(iii) infrastructure maintenance, monitoring, and 
condition assessment; 
‘‘(iv) advanced public transportation systems; 
‘‘(v) transportation system performance data collec-
tion, analysis, and dissemination systems; 
‘‘(vi) advanced safety systems, including vehicle- 
to-vehicle and vehicle-to-infrastructure communica-
tions, 
technologies 
associated 
with 
autonomous 
vehicles, and other collision avoidance technologies, 
including systems using cellular technology; 
‘‘(vii) integration of intelligent transportation sys-
tems with the Smart Grid and other energy distribu-
tion and charging systems; 
‘‘(viii) electronic pricing and payment systems; or 
‘‘(ix) advanced mobility and access technologies, 
such as dynamic ridesharing and information systems 
to support human services for elderly and disabled 
individuals. 
‘‘(F) REPORT TO SECRETARY.—For each eligible entity 
that receives a grant under this paragraph, not later than 
1 year after the entity receives the grant, and each year 
thereafter, the entity shall submit a report to the Secretary 
that describes— 
‘‘(i) deployment and operational costs of the project 
compared to the benefits and savings the project pro-
vides; and 
‘‘(ii) how the project has met the original expecta-
tions projected in the deployment plan submitted with 
the application, such as— 
‘‘(I) data on how the project has helped reduce 
traffic crashes, congestion, costs, and other benefits 
of the deployed systems; 
‘‘(II) data on the effect of measuring and 
improving 
transportation 
system 
performance 
through the deployment of advanced technologies; 
‘‘(III) the effectiveness of providing real-time 
integrated 
traffic, 
transit, 
and 
multimodal 
transportation information to the public to make 
informed travel decisions; and 
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129 STAT. 1565 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(IV) lessons learned and recommendations for 
future deployment strategies to optimize transpor-
tation efficiency and multimodal system perform-
ance. 
‘‘(G) REPORT.—Not later than 3 years after the date 
that the first grant is awarded under this paragraph, and 
each year thereafter, the Secretary shall make available 
to the public on an Internet website a report that describes 
the effectiveness of grant recipients in meeting their pro-
jected deployment plans, including data provided under 
subparagraph (F) on how the program has— 
‘‘(i) reduced traffic-related fatalities and injuries; 
‘‘(ii) reduced traffic congestion and improved travel 
time reliability; 
‘‘(iii) reduced transportation-related emissions; 
‘‘(iv) optimized multimodal system performance; 
‘‘(v) improved access to transportation alternatives; 
‘‘(vi) provided the public with access to real-time 
integrated traffic, transit, and multimodal transpor-
tation information to make informed travel decisions; 
‘‘(vii) provided cost savings to transportation agen-
cies, businesses, and the traveling public; or 
‘‘(viii) provided other benefits to transportation 
users and the general public. 
‘‘(H) ADDITIONAL GRANTS.—The Secretary may cease 
to provide additional grant funds to a recipient of a grant 
under this paragraph if— 
‘‘(i) the Secretary determines from such recipient’s 
report that the recipient is not carrying out the require-
ments of the grant; and 
‘‘(ii) the Secretary provides written notice 60 days 
prior to withholding funds to the Committees on 
Transportation and Infrastructure and Science, Space, 
and Technology of the House of Representatives and 
the Committees on Environment and Public Works 
and Commerce, Science, and Transportation of the 
Senate. 
‘‘(I) FUNDING.— 
‘‘(i) IN GENERAL.—From funds made available to 
carry out subsection (b), this subsection, and sections 
512 through 518, the Secretary shall set aside for 
grants awarded under subparagraph (D) $60,000,000 
for each of fiscal years 2016 through 2020. 
‘‘(ii) EXPENSES
FOR
THE
SECRETARY.—Of the 
amounts set aside under clause (i), the Secretary may 
set aside $2,000,000 each fiscal year for program 
reporting, evaluation, and administrative costs related 
to this paragraph. 
‘‘(J) FEDERAL SHARE.—The Federal share of the cost 
of a project for which a grant is awarded under this sub-
section shall not exceed 50 percent of the cost of the project. 
‘‘(K) GRANT LIMITATION.—The Secretary may not award 
more than 20 percent of the amount described under 
subparagraph (I) in a fiscal year to a single grant recipient. 
‘‘(L) EXPENSES
FOR
GRANT
RECIPIENTS.—A grant 
recipient under this paragraph may use not more than 
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129 STAT. 1566 
PUBLIC LAW 114–94—DEC. 4, 2015 
5 percent of the funds awarded each fiscal year to carry 
out planning and reporting requirements. 
‘‘(M) GRANT FLEXIBILITY.— 
‘‘(i) IN GENERAL.—If, by August 1 of each fiscal 
year, the Secretary determines that there are not 
enough grant applications that meet the requirements 
described in subparagraph (C) to carry out this section 
for a fiscal year, the Secretary shall transfer to the 
programs specified in clause (ii)— 
‘‘(I) any of the funds reserved for the fiscal 
year under subparagraph (I) that the Secretary 
has not yet awarded under this paragraph; and 
‘‘(II) an amount of obligation limitation equal 
to the amount of funds that the Secretary transfers 
under subclause (I). 
‘‘(ii) PROGRAMS.—The programs referred to in 
clause (i) are— 
‘‘(I) the program under subsection (b); 
‘‘(II) the program under this subsection; and 
‘‘(III) the programs under sections 512 through 
518. 
‘‘(iii) DISTRIBUTION.—Any transfer of funds and 
obligation limitation under clause (i) shall be divided 
among the programs referred to in that clause in the 
same proportions as the Secretary originally reserved 
funding from the programs for the fiscal year under 
subparagraph (I). 
‘‘(N) DEFINITIONS.—In this paragraph, the following 
definitions apply: 
‘‘(i) ELIGIBLE
ENTITY.—The term ‘eligible entity’ 
means a State or local government, a transit agency, 
metropolitan planning organization representing a 
population of over 200,000, or other political subdivi-
sion of a State or local government or a multijuris-
dictional group or a consortia of research institutions 
or academic institutions. 
‘‘(ii) ADVANCED
AND
CONGESTION
MANAGEMENT 
TRANSPORTATION TECHNOLOGIES.—The term ‘advanced 
transportation and congestion management tech-
nologies’ means technologies that improve the effi-
ciency, safety, or state of good repair of surface 
transportation systems, including intelligent transpor-
tation systems. 
‘‘(iii) MULTIJURISDICTIONAL
GROUP.—The term 
‘multijurisdictional group’ means a any combination 
of State governments, local governments, metropolitan 
planning agencies, transit agencies, or other political 
subdivisions of a State for which each member of the 
group— 
‘‘(I) has signed a written agreement to imple-
ment the advanced transportation technologies 
deployment initiative across jurisdictional bound-
aries; and 
‘‘(II) is an eligible entity under this para-
graph.’’. 
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129 STAT. 1567 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS. 
Section 514(a) of title 23, United States Code, is amended— 
(1) in paragraph (4) by striking ‘‘and’’ at the end; 
(2) in paragraph (5) by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) enhancement of the national freight system and sup-
port to national freight policy goals.’’. 
SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES. 
Section 514(b) of title 23, United States Code, is amended— 
(1) in paragraph (8) by striking ‘‘and’’ at the end; 
(2) in paragraph (9) by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(10) to assist in the development of cybersecurity research 
in cooperation with relevant modal administrations of the 
Department of Transportation and other Federal agencies to 
help prevent hacking, spoofing, and disruption of connected 
and automated transportation vehicles.’’. 
SEC. 
6007. 
INTELLIGENT 
TRANSPORTATION 
SYSTEM 
PROGRAM 
REPORT. 
Section 515(h)(4) of title 23, United States Code, is amended 
in the matter preceding subparagraph (A)— 
(1) by striking ‘‘February 1 of each year after the date 
of enactment of the Transportation Research and Innovative 
Technology Act of 2012’’ and inserting ‘‘May 1 of each year’’; 
and 
(2) by striking ‘‘submit to Congress’’ and inserting ‘‘make 
available to the public on a Department of Transportation 
website’’. 
SEC. 
6008. 
INTELLIGENT 
TRANSPORTATION 
SYSTEM 
NATIONAL 
ARCHITECTURE AND STANDARDS. 
Section 517(a)(3) of title 23, United States Code, is amended 
by striking ‘‘memberships are comprised of, and represent,’’ and 
inserting ‘‘memberships include representatives of’’. 
SEC. 6009. COMMUNICATION SYSTEMS DEPLOYMENT REPORT. 
Section 518(a) of title 23, United States Code, is amended 
in the matter preceding paragraph (1) by striking ‘‘Not later than 
3’’ and all that follows through ‘‘House of Representatives’’ and 
inserting ‘‘Not later than July 6, 2016, the Secretary shall make 
available to the public on a Department of Transportation website 
a report’’. 
SEC. 6010. INFRASTRUCTURE DEVELOPMENT. 
(a) IN GENERAL.—Chapter 5 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘§ 519. Infrastructure development 
‘‘Funds made available to carry out this chapter for operational 
tests of intelligent transportation systems— 
‘‘(1) shall be used primarily for the development of intel-
ligent transportation system infrastructure, equipment, and 
systems; and 
23 USC 519 note. 
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129 STAT. 1568 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) to the maximum extent practicable, shall not be used 
for the construction of physical surface transportation infra-
structure unless the construction is incidental and critically 
necessary to the implementation of an intelligent transportation 
system project.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CLERICAL AMENDMENT.—The analysis for chapter 5 of 
title 23, United States Code, is amended by adding at the 
end the following: 
‘‘519. Infrastructure development.’’. 
(2) TECHNICAL AMENDMENT.—The item relating to section 
512 in the analysis for chapter 5 of title 23, United States 
Code, is amended to read as follows: 
‘‘512. National ITS program plan.’’. 
SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS. 
(a) ASSISTANT SECRETARY FOR RESEARCH AND TECHNOLOGY.— 
Section 102(e)(1) of title 49, United States Code, is amended— 
(1) in the matter preceding subparagraph (A) by striking 
‘‘5’’ and inserting ‘‘6’’; and 
(2) in subparagraph (A) by inserting ‘‘an Assistant Sec-
retary for Research and Technology,’’ after ‘‘Governmental 
Affairs,’’. 
(b) RESEARCH ACTIVITIES.—Section 330 of title 49, United States 
Code, is amended— 
(1) in the section heading by striking ‘‘contracts’’ and 
inserting ‘‘activities’’; 
(2) in subsection (a) by striking ‘‘The Secretary of’’ and 
inserting ‘‘IN GENERAL.—The Secretary of’’; 
(3) in subsection (b) by striking ‘‘In carrying’’ and inserting 
‘‘RESPONSIBILITIES.—In carrying’’; 
(4) in subsection (c) by striking ‘‘The Secretary’’ and 
inserting ‘‘PUBLICATIONS.—The Secretary’’; and 
(5) by adding at the end the following: 
‘‘(d) DUTIES.—The Secretary shall provide for the following: 
‘‘(1) Coordination, facilitation, and review of Department 
of Transportation research and development programs and 
activities. 
‘‘(2) Advancement, and research and development, of 
innovative technologies, including intelligent transportation 
systems. 
‘‘(3) Comprehensive transportation statistics research, anal-
ysis, and reporting. 
‘‘(4) Education and training in transportation and transpor-
tation-related fields. 
‘‘(5) Activities of the Volpe National Transportation Sys-
tems Center. 
‘‘(6) Coordination in support of multimodal and multidisci-
plinary research activities. 
‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary may— 
‘‘(1) enter into grants and cooperative agreements with 
Federal agencies, State and local government agencies, other 
public entities, private organizations, and other persons to con-
duct research into transportation service and infrastructure 
assurance and to carry out other research activities of the 
Department of Transportation; 
23 USC 
prec. 501. 
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129 STAT. 1569 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) carry out, on a cost-shared basis, collaborative research 
and 
development 
to 
encourage 
innovative 
solutions 
to 
multimodal transportation problems and stimulate the deploy-
ment of new technology with— 
‘‘(A) non-Federal entities, including State and local 
governments, foreign governments, institutions of higher 
education, corporations, institutions, partnerships, sole 
proprietorships, and trade associations that are incor-
porated or established under the laws of any State; 
‘‘(B) Federal laboratories; and 
‘‘(C) other Federal agencies; and 
‘‘(3) directly initiate contracts, grants, cooperative research 
and development agreements (as defined in section 12(d) of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710a(d))), and other agreements to fund, and accept 
funds from, the Transportation Research Board of the National 
Academies, State departments of transportation, cities, coun-
ties, institutions of higher education, associations, and the 
agents of those entities to carry out joint transportation 
research and technology efforts. 
‘‘(f) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Federal 
share of the cost of an activity carried out under subsection 
(e)(3) shall not exceed 50 percent. 
‘‘(2) EXCEPTION.—If the Secretary determines that the 
activity is of substantial public interest or benefit, the Secretary 
may approve a greater Federal share. 
‘‘(3) NON-FEDERAL SHARE.—All costs directly incurred by 
the non-Federal partners, including personnel, travel, facility, 
and hardware development costs, shall be credited toward the 
non-Federal share of the cost of an activity described in sub-
section (e)(3). 
‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For each of fiscal 
years 2016 through 2020, the Secretary is authorized to expend 
not more than 1 1⁄2 percent of the amounts authorized to be appro-
priated for the coordination, evaluation, and oversight of the pro-
grams administered by the Office of the Assistant Secretary for 
Research and Technology. 
‘‘(h) USE OF TECHNOLOGY.—The research, development, or use 
of a technology under a contract, grant, cooperative research and 
development agreement, or other agreement entered into under 
this section, including the terms under which the technology may 
be licensed and the resulting royalties may be distributed, shall 
be subject to the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3701 et seq.). 
‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.—Section 6101 of 
title 41 shall not apply to a contract, grant, or other agreement 
entered into under this section.’’. 
(c) CLERICAL AMENDMENT.—The item relating to section 330 
in the analysis of chapter 3 of title 49, United States Code, is 
amended to read as follows: 
‘‘330. Research activities.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 5 AMENDMENTS.— 
49 USC 
prec. 301. 
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129 STAT. 1570 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) POSITIONS AT LEVEL II.—Section 5313 of title 5, 
United States Code, is amended by striking ‘‘The Under 
Secretary of Transportation for Security.’’. 
(B) POSITIONS AT LEVEL IV.—Section 5315 of title 5, 
United States Code, is amended in the undesignated item 
relating to Assistant Secretaries of Transportation by 
striking ‘‘(4)’’ and inserting ‘‘(5)’’. 
(C) POSITIONS AT LEVEL V.—Section 5316 of title 5, 
United States Code, is amended by striking ‘‘Associate 
Deputy Secretary, Department of Transportation.’’. 
(2) BUREAU OF TRANSPORTATION STATISTICS.—Section 6302 
of title 49, United States Code, is amended by striking sub-
section (a) and inserting the following: 
‘‘(a) IN GENERAL.—There shall be within the Department of 
Transportation the Bureau of Transportation Statistics.’’. 
SEC. 6012. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRA-
TION. 
(a) REPEAL.—Section 112 of title 49, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 
49, United States Code, is amended by striking the item relating 
to section 112. 
SEC. 6013. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS. 
Section 5115(a) of title 49, United States Code, is amended 
in the first sentence by inserting ‘‘, including online curriculum 
as appropriate,’’ after ‘‘a current curriculum of courses’’. 
SEC. 6014. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT. 
Section 5118 of title 49, United States Code, is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (A) by striking ‘‘and’’ at the end; 
(B) in subparagraph (B) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) coordinate, as appropriate, with other Federal 
agencies.’’; and 
(2) by adding at the end the following: 
‘‘(c) COOPERATIVE RESEARCH.— 
‘‘(1) IN GENERAL.—As part of the program established under 
subsection (a), the Secretary may carry out cooperative research 
on hazardous materials transport. 
‘‘(2) NATIONAL ACADEMIES.—The Secretary may enter into 
an agreement with the National Academies to support research 
described in paragraph (1). 
‘‘(3) RESEARCH.—Research conducted under this subsection 
may include activities relating to— 
‘‘(A) emergency planning and response, including 
information and programs that can be readily assessed 
and implemented in local jurisdictions; 
‘‘(B) risk analysis and perception and data assessment; 
‘‘(C) 
commodity 
flow 
data, 
including 
voluntary 
collaboration between shippers and first responders for 
secure data exchange of critical information; 
‘‘(D) integration of safety and security; 
‘‘(E) cargo packaging and handling; 
‘‘(F) hazmat release consequences; and 
49 USC 
prec. 101. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(G) materials and equipment testing.’’. 
SEC. 6015. OFFICE OF INTERMODALISM. 
(a) REPEAL.—Section 5503 of title 49, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 55 of title 
49, United States Code, is amended by striking the item relating 
to section 5503. 
SEC. 6016. UNIVERSITY TRANSPORTATION CENTERS. 
Section 5505 of title 49, United States Code, is amended to 
read as follows: 
‘‘§ 5505. University transportation centers program 
‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.— 
‘‘(1) ESTABLISHMENT AND OPERATION.—The Secretary shall 
make grants under this section to eligible nonprofit institutions 
of higher education to establish and operate university 
transportation centers. 
‘‘(2) ROLE
OF
CENTERS.—The role of each university 
transportation center referred to in paragraph (1) shall be— 
‘‘(A) to advance transportation expertise and technology 
in the varied disciplines that comprise the field of transpor-
tation through education, research, and technology transfer 
activities; 
‘‘(B) to provide for a critical transportation knowledge 
base outside of the Department of Transportation; and 
‘‘(C) to address critical workforce needs and educate 
the next generation of transportation leaders. 
‘‘(b) COMPETITIVE SELECTION PROCESS.— 
‘‘(1) APPLICATIONS.—To receive a grant under this section, 
a consortium of nonprofit institutions of higher education shall 
submit to the Secretary an application that is in such form 
and contains such information as the Secretary may require. 
‘‘(2) RESTRICTION.— 
‘‘(A) LIMITATION.—A lead institution of a consortium 
of nonprofit institutions of higher education, as applicable, 
may only receive 1 grant per fiscal year for each of the 
transportation centers described under paragraphs (2), (3), 
and (4) of subsection (c). 
‘‘(B) EXCEPTION FOR CONSORTIUM MEMBERS THAT ARE 
NOT LEAD INSTITUTIONS.—Subparagraph (A) shall not apply 
to a nonprofit institution of higher education that is a 
member of a consortium of nonprofit institutions of higher 
education but not the lead institution of such consortium. 
‘‘(3) COORDINATION.—The Secretary shall solicit grant 
applications for national transportation centers, regional 
transportation centers, and Tier 1 university transportation 
centers with identical advertisement schedules and deadlines. 
‘‘(4) GENERAL SELECTION CRITERIA.— 
‘‘(A) IN GENERAL.—Except as otherwise provided by 
this section, the Secretary shall award grants under this 
section in nonexclusive candidate topic areas established 
by the Secretary that address the research priorities identi-
fied in chapter 65. 
‘‘(B) CRITERIA.—The Secretary, in consultation with 
the Assistant Secretary for Research and Technology and 
the Administrator of the Federal Highway Administration 
49 USC 
prec. 5501. 
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129 STAT. 1572 
PUBLIC LAW 114–94—DEC. 4, 2015 
and other modal administrations as appropriate, shall 
select each recipient of a grant under this section through 
a competitive process based on the assessment of the Sec-
retary relating to— 
‘‘(i) the demonstrated ability of the recipient to 
address each specific topic area described in the 
research and strategic plans of the recipient; 
‘‘(ii) 
the 
demonstrated 
research, 
technology 
transfer, and education resources available to the 
recipient to carry out this section; 
‘‘(iii) the ability of the recipient to provide leader-
ship in solving immediate and long-range national and 
regional transportation problems; 
‘‘(iv) the ability of the recipient to carry out 
research, education, and technology transfer activities 
that are multimodal and multidisciplinary in scope; 
‘‘(v) the demonstrated commitment of the recipient 
to carry out transportation workforce development pro-
grams through— 
‘‘(I) degree-granting programs or programs 
that provide other industry-recognized credentials; 
and 
‘‘(II) outreach activities to attract new entrants 
into the transportation field, including women and 
underrepresented populations; 
‘‘(vi) the demonstrated ability of the recipient to 
disseminate results and spur the implementation of 
transportation 
research 
and 
education 
programs 
through national or statewide continuing education 
programs; 
‘‘(vii) 
the 
demonstrated 
commitment 
of 
the 
recipient to the use of peer review principles and other 
research best practices in the selection, management, 
and dissemination of research projects; 
‘‘(viii) the strategic plan submitted by the recipient 
describing the proposed research to be carried out by 
the recipient and the performance metrics to be used 
in assessing the performance of the recipient in 
meeting the stated research, technology transfer, edu-
cation, and outreach goals; and 
‘‘(ix) the ability of the recipient to implement the 
proposed program in a cost-efficient manner, such as 
through cost sharing and overall reduced overhead, 
facilities, and administrative costs. 
‘‘(5) TRANSPARENCY.— 
‘‘(A) IN GENERAL.—The Secretary shall provide to each 
applicant, upon request, any materials, including copies 
of reviews (with any information that would identify a 
reviewer redacted), used in the evaluation process of the 
proposal of the applicant. 
‘‘(B) REPORTS.—The Secretary shall submit to the 
Committees on Transportation and Infrastructure and 
Science, Space, and Technology of the House of Representa-
tives and the Committee on Environment and Public Works 
of the Senate a report describing the overall review process 
under paragraph (4) that includes— 
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129 STAT. 1573 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) specific criteria of evaluation used in the 
review; 
‘‘(ii) descriptions of the review process; and 
‘‘(iii) explanations of the selected awards. 
‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary shall, to the 
maximum extent practicable, consult external stakeholders, 
including the Transportation Research Board of the National 
Research Council of the National Academies, to evaluate and 
competitively review all proposals. 
‘‘(c) GRANTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this section, the Secretary shall select grant 
recipients under subsection (b) and make grant amounts avail-
able to the selected recipients. 
‘‘(2) NATIONAL TRANSPORTATION CENTERS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary shall provide grants to 5 consortia that the Sec-
retary determines best meet the criteria described in sub-
section (b)(4). 
‘‘(B) RESTRICTIONS.— 
‘‘(i) IN
GENERAL.—For each fiscal year, a grant 
made available under this paragraph shall be not 
greater than $4,000,000 and not less than $2,000,000 
per recipient. 
‘‘(ii) FOCUSED RESEARCH.—A consortium receiving 
a grant under this paragraph shall focus research on 
1 of the transportation issue areas specified in section 
6503(c). 
‘‘(C) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition of receiving a 
grant under this paragraph, a grant recipient shall 
match 100 percent of the amounts made available 
under the grant. 
‘‘(ii) SOURCES.—The matching amounts referred to 
in clause (i) may include amounts made available to 
the recipient under— 
‘‘(I) section 504(b) of title 23; or 
‘‘(II) section 505 of title 23. 
‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.— 
‘‘(A) LOCATION OF REGIONAL CENTERS.—One regional 
university transportation center shall be located in each 
of the 10 Federal regions that comprise the Standard Fed-
eral Regions established by the Office of Management and 
Budget in the document entitled ‘Standard Federal Regions’ 
and dated April 1974 (circular A–105). 
‘‘(B) SELECTION CRITERIA.—In conducting a competition 
under subsection (b), the Secretary shall provide grants 
to 10 consortia on the basis of— 
‘‘(i) the criteria described in subsection (b)(4); 
‘‘(ii) the location of the lead center within the Fed-
eral region to be served; and 
‘‘(iii) whether the consortium of institutions dem-
onstrates that the consortium has a well-established, 
nationally 
recognized 
program 
in 
transportation 
research and education, as evidenced by— 
‘‘(I) recent expenditures by the institution in 
highway or public transportation research; 
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129 STAT. 1574 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(II) a historical track record of awarding grad-
uate degrees in professional fields closely related 
to highways and public transportation; and 
‘‘(III) an experienced faculty who specialize in 
professional fields closely related to highways and 
public transportation. 
‘‘(C) RESTRICTIONS.—For each fiscal year, a grant made 
available under this paragraph shall be not greater than 
$3,000,000 and not less than $1,500,000 per recipient. 
‘‘(D) MATCHING REQUIREMENTS.— 
‘‘(i) IN GENERAL.—As a condition of receiving a 
grant under this paragraph, a grant recipient shall 
match 100 percent of the amounts made available 
under the grant. 
‘‘(ii) SOURCES.—The matching amounts referred to 
in clause (i) may include amounts made available to 
the recipient under— 
‘‘(I) section 504(b) of title 23; or 
‘‘(II) section 505 of title 23. 
‘‘(E) FOCUSED RESEARCH.—The Secretary shall make 
a grant to 1 of the 10 regional university transportation 
centers established under this paragraph for the purpose 
of furthering the objectives described in subsection (a)(2) 
in the field of comprehensive transportation safety, conges-
tion, connected vehicles, connected infrastructure, and 
autonomous vehicles. 
‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CENTERS.— 
‘‘(A) IN GENERAL.—The Secretary shall provide grants 
of not greater than $2,000,000 and not less than $1,000,000 
to not more than 20 recipients to carry out this paragraph. 
‘‘(B) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition of receiving a 
grant under this paragraph, a grant recipient shall 
match 50 percent of the amounts made available under 
the grant. 
‘‘(ii) SOURCES.—The matching amounts referred to 
in clause (i) may include amounts made available to 
the recipient under— 
‘‘(I) section 504(b) of title 23; or 
‘‘(II) section 505 of title 23. 
‘‘(C) FOCUSED RESEARCH.—In awarding grants under 
this section, consideration shall be given to minority 
institutions, as defined by section 365 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067k), or consortia that 
include such institutions that have demonstrated an ability 
in transportation-related research. 
‘‘(d) PROGRAM COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) coordinate the research, education, and technology 
transfer activities carried out by grant recipients under 
this section; and 
‘‘(B) disseminate the results of that research through 
the establishment and operation of a publicly accessible 
online information clearinghouse. 
‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not less frequently 
than annually, and consistent with the plan developed under 
section 6503, the Secretary shall— 
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129 STAT. 1575 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) review and evaluate the programs carried out 
under this section by grant recipients; and 
‘‘(B) submit to the Committees on Transportation and 
Infrastructure and Science, Space, and Technology of the 
House of Representatives and the Committees on Environ-
ment and Public Works and Commerce, Science, and 
Transportation of the Senate a report describing that 
review and evaluation. 
‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.—For each of 
fiscal years 2016 through 2020, the Secretary shall expend 
not more than 1 and a half percent of the amounts made 
available to the Secretary to carry out this section for any 
coordination, evaluation, and oversight activities of the Sec-
retary under this section. 
‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.—Amounts made 
available to the Secretary to carry out this section shall remain 
available for obligation by the Secretary for a period of 3 years 
after the last day of the fiscal year for which the amounts are 
authorized. 
‘‘(f) INFORMATION COLLECTION.—Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to carry 
out reporting requirements relating to any program assessment 
or evaluation activity under this section, including customer satis-
faction assessments, shall not be subject to chapter 35 of title 
44.’’. 
SEC. 6017. BUREAU OF TRANSPORTATION STATISTICS. 
Section 6302 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(d) INDEPENDENCE OF BUREAU.— 
‘‘(1) IN GENERAL.—The Director shall not be required— 
‘‘(A) to obtain the approval of any other officer or 
employee of the Department with respect to the collection 
or analysis of any information; or 
‘‘(B) prior to publication, to obtain the approval of 
any other officer or employee of the United States Govern-
ment with respect to the substance of any statistical tech-
nical reports or press releases lawfully prepared by the 
Director. 
‘‘(2) BUDGET AUTHORITY.—The Director shall have a signifi-
cant role in the disposition and allocation of the authorized 
budget of the Bureau, including— 
‘‘(A) all hiring, grants, cooperative agreements, and 
contracts awarded by the Bureau to carry out this section; 
and 
‘‘(B) the disposition and allocation of amounts paid 
to the Bureau for cost-reimbursable projects. 
‘‘(3) EXCEPTIONS.—The Secretary shall direct external sup-
port functions, such as the coordination of activities involving 
multiple modal administrations. 
‘‘(4) INFORMATION
TECHNOLOGY.—The Department Chief 
Information Officer shall consult with the Director to ensure 
decisions related to information technology guarantee the 
protection of the confidentiality of information provided solely 
for statistical purposes, in accordance with the Confidential 
Information Protection and Statistical Efficiency Act of 2002 
(44 U.S.C. 3501 note; Public Law 107–347).’’. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM. 
(a) IN GENERAL.—Chapter 63 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘§ 6314. Port performance freight statistics program 
‘‘(a) IN GENERAL.—The Director shall establish, on behalf of 
the Secretary, a port performance statistics program to provide 
nationally consistent measures of performance of, at a minimum— 
‘‘(1) the Nation’s top 25 ports by tonnage; 
‘‘(2) the Nation’s top 25 ports by 20-foot equivalent unit; 
and 
‘‘(3) the Nation’s top 25 ports by dry bulk. 
‘‘(b) REPORTS.— 
‘‘(1) PORT
CAPACITY
AND
THROUGHPUT.—Not later than 
January 15 of each year, the Director shall submit an annual 
report to Congress that includes statistics on capacity and 
throughput at the ports described in subsection (a). 
‘‘(2) PORT PERFORMANCE MEASURES.—The Director shall col-
lect port performance measures for each of the United States 
ports referred to in subsection (a) that— 
‘‘(A) receives Federal assistance; or 
‘‘(B) is subject to Federal regulation to submit nec-
essary information to the Bureau that includes statistics 
on capacity and throughput as applicable to the specific 
configuration of the port. 
‘‘(c) RECOMMENDATIONS.— 
‘‘(1) IN GENERAL.—The Director shall obtain recommenda-
tions for— 
‘‘(A) port performance measures, including specifica-
tions and data measurements to be used in the program 
established under subsection (a); and 
‘‘(B) a process for the Department to collect timely 
and consistent data, including identifying safeguards to 
protect proprietary information described in subsection 
(b)(2). 
‘‘(2) WORKING GROUP.—Not later than 60 days after the 
date of the enactment of the Transportation for Tomorrow 
Act of 2015, the Director shall commission a working group 
composed of— 
‘‘(A) operating administrations of the Department; 
‘‘(B) the Coast Guard; 
‘‘(C) the Federal Maritime Commission; 
‘‘(D) U.S. Customs and Border Protection; 
‘‘(E) the Marine Transportation System National 
Advisory Council; 
‘‘(F) the Army Corps of Engineers; 
‘‘(G) the Saint Lawrence Seaway Development Corpora-
tion; 
‘‘(H) the Bureau of Labor Statistics; 
‘‘(I) the Maritime Advisory Committee for Occupational 
Safety and Health; 
‘‘(J) the Advisory Committee on Supply Chain Competi-
tiveness; 
‘‘(K) 1 representative from the rail industry; 
‘‘(L) 1 representative from the trucking industry; 
‘‘(M) 1 representative from the maritime shipping 
industry; 
49 USC 6314. 
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129 STAT. 1577 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(N) 1 representative from a labor organization for 
each industry described in subparagraphs (K) through (M); 
‘‘(O) 1 representative from the International Long-
shoremen’s Association; 
‘‘(P) 1 representative from the International Longshore 
and Warehouse Union; 
‘‘(Q) 1 representative from a port authority; 
‘‘(R) 1 representative from a terminal operator; 
‘‘(S) representatives of the National Freight Advisory 
Committee of the Department; and 
‘‘(T) representatives of the Transportation Research 
Board of the National Academies of Sciences, Engineering, 
and Medicine. 
‘‘(3) RECOMMENDATIONS.—Not later than 1 year after the 
date of the enactment of the Transportation for Tomorrow 
Act of 2015, the working group commissioned under paragraph 
(2) shall submit its recommendations to the Director. 
‘‘(d) ACCESS TO DATA.—The Director shall ensure that— 
‘‘(1) the statistics compiled under this section— 
‘‘(A) are readily accessible to the public; and 
‘‘(B) are consistent with applicable security constraints 
and confidentiality interests; and 
‘‘(2) the data acquired, regardless of source, shall be pro-
tected in accordance with the Confidential Information Protec-
tion and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 
note; Public Law 107–347).’’. 
(b) 
PROHIBITION
ON
CERTAIN
DISCLOSURES; 
COPIES
OF 
REPORTS.—Section 6307(b) of such title is amended, by inserting 
‘‘or section 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place it 
appears. 
(c) CLERICAL AMENDMENT.—The table of sections for chapter 
63 of such title is amended by adding at the end the following: 
‘‘6314. Port performance freight statistics program.’’. 
SEC. 6019. RESEARCH PLANNING. 
(a) FINDINGS.—Congress finds that— 
(1) Federal transportation research planning— 
(A) should be coordinated by the Office of the Secretary; 
and 
(B) should be, to the extent practicable, multimodal 
and not occur solely within the sub-agencies of the Depart-
ment; 
(2) managing a multimodal research portfolio within the 
Office of the Secretary will— 
(A) help identify opportunities in which research could 
be applied across modes; and 
(B) prevent duplication of efforts and waste of limited 
Federal resources; 
(3) the Assistant Secretary for Research and Technology 
at the Department of Transportation will— 
(A) give stakeholders a formal opportunity to address 
concerns; 
(B) ensure unbiased research; and 
(C) improve the overall research products of the 
Department; and 
(4) increasing transparency of transportation research and 
development efforts will— 
49 USC 6501 
note. 
49 USC 
prec. 6301. 
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129 STAT. 1578 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) build stakeholder confidence in the final product; 
and 
(B) lead to the improved implementation of research 
findings. 
(b) RESEARCH PLANNING.— 
(1) IN GENERAL.—Subtitle III of title 49, United States 
Code, is amended by inserting after chapter 63 the following: 
‘‘CHAPTER 65—RESEARCH PLANNING 
‘‘Sec. 
‘‘6501. Annual modal research plans. 
‘‘6502. Consolidated research database. 
‘‘6503. Transportation research and development 5-year strategic plan. 
‘‘SEC. 6501. ANNUAL MODAL RESEARCH PLANS. 
‘‘(a) MODAL PLANS REQUIRED.— 
‘‘(1) IN
GENERAL.—Not later than May 1 of each year, 
the head of each modal administration and joint program office 
of the Department of Transportation shall submit to the Assist-
ant Secretary for Research and Technology of the Department 
of Transportation (referred to in this chapter as the ‘Assistant 
Secretary’) a comprehensive annual modal research plan for 
the upcoming fiscal year and a detailed outlook for the following 
fiscal year. 
‘‘(2) RELATIONSHIP TO STRATEGIC PLAN.—Each plan sub-
mitted under paragraph (1), after the plan required in 2016, 
shall be consistent with the strategic plan developed under 
section 6503. 
‘‘(b) REVIEW.— 
‘‘(1) IN
GENERAL.—Not later than September 1 of each 
year, the Assistant Secretary, for each plan and outlook sub-
mitted pursuant to subsection (a), shall— 
‘‘(A) review the scope of the research; and 
‘‘(B)(i) approve the plan and outlook; or 
‘‘(ii) request that the plan and outlook be revised and 
resubmitted for approval. 
‘‘(2) PUBLICATIONS.—Not later than January 30 of each 
year, the Secretary shall publish on a public website each 
plan and outlook that has been approved under paragraph 
(1)(B)(i). 
‘‘(3) REJECTION OF DUPLICATIVE RESEARCH EFFORTS.—The 
Assistant Secretary may not approve any plan submitted by 
the head of a modal administration or joint program office 
pursuant to subsection (a) if any of the projects described 
in the plan duplicate significant aspects of research efforts 
of any other modal administration. 
‘‘(c) FUNDING LIMITATIONS.—No funds may be expended by 
the Department of Transportation on research that has been deter-
mined by the Assistant Secretary under subsection (b)(3) to be 
duplicative unless— 
‘‘(1) the research is required by an Act of Congress; 
‘‘(2) the research was part of a contract that was funded 
before the date of enactment of this chapter; 
‘‘(3) 
the 
research 
updates 
previously 
commissioned 
research; or 
49 USC 6501. 
49 USC 
prec. 6501. 
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129 STAT. 1579 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(4) the Assistant Secretary certifies to Congress that such 
research is necessary, and provides justification for such certifi-
cation. 
‘‘(d) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall annually certify to 
Congress that— 
‘‘(A) each modal research plan has been reviewed; and 
‘‘(B) there is no duplication of study for research 
directed, commissioned, or conducted by the Department 
of Transportation. 
‘‘(2) CORRECTIVE
ACTION
PLAN.—If the Secretary, after 
submitting a certification under paragraph (1), identifies 
duplication of research within the Department of Transpor-
tation, the Secretary shall— 
‘‘(A) notify Congress of the duplicative research; and 
‘‘(B) submit to Congress a corrective action plan to 
eliminate the duplicative research. 
‘‘SEC. 6502. CONSOLIDATED RESEARCH DATABASE. 
‘‘(a) RESEARCH ABSTRACT DATABASE.— 
‘‘(1) IN GENERAL.—The Secretary shall annually publish 
on a public website a comprehensive database of all research 
projects conducted by the Department of Transportation, 
including, to the extent practicable, research funded through 
University Transportation Centers. 
‘‘(2) CONTENTS.—The database published under paragraph 
(1) shall, to the extent practicable— 
‘‘(A) include the consolidated modal research plans 
approved under section 6501(b)(1)(B)(i); 
‘‘(B) describe the research objectives, progress, findings, 
and allocated funds for each research project; 
‘‘(C) identify research projects with multimodal applica-
tions; 
‘‘(D) specify how relevant modal administrations have 
assisted, will contribute to, or plan to use the findings 
from the research projects identified under paragraph (1); 
‘‘(E) identify areas in which more than 1 modal 
administration is conducting research on a similar subject 
or a subject that has a bearing on more than 1 mode; 
‘‘(F) indicate how the findings of research are being 
disseminated to improve the efficiency, effectiveness, and 
safety of transportation systems; and 
‘‘(G) describe the public and stakeholder input to the 
research plans submitted under section 6501(a)(1). 
‘‘(b) FUNDING REPORT.—In conjunction with each of the annual 
budget requests submitted by the President under section 1105 
of title 31, the Secretary shall annually publish on a public website 
and submit to the appropriate committees of Congress a report 
that describes— 
‘‘(1) the amount spent in the last full fiscal year on 
transportation research and development with specific descrip-
tions of projects funded at $5,000,000 or more; and 
‘‘(2) the amount proposed in the current budget for 
transportation research and development with specific descrip-
tions of projects funded at $5,000,000 or more. 
49 USC 6502. 
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129 STAT. 1580 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(c) PERFORMANCE PLANS
AND REPORTS.—In the plans and 
reports submitted under sections 1115 and 1116 of title 31, the 
Secretary shall include— 
‘‘(1) a summary of the Federal transportation research and 
development activities for the previous fiscal year in each topic 
area; 
‘‘(2) the amount spent in each topic area; 
‘‘(3) a description of the extent to which the research and 
development is meeting the expectations described in section 
6503(c)(1); and 
‘‘(4) any amendments to the strategic plan developed under 
section 6503. 
‘‘SEC. 6503. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR 
STRATEGIC PLAN. 
‘‘(a) IN
GENERAL.—The Secretary shall develop a 5-year 
transportation research and development strategic plan to guide 
future Federal transportation research and development activities. 
‘‘(b) CONSISTENCY.—The strategic plan developed under sub-
section (a) shall be consistent with— 
‘‘(1) section 306 of title 5; 
‘‘(2) sections 1115 and 1116 of title 31; and 
‘‘(3) any other research and development plan within the 
Department of Transportation. 
‘‘(c) CONTENTS.—The strategic plan developed under subsection 
(a) shall— 
‘‘(1) describe how the plan furthers the primary purposes 
of the transportation research and development program, which 
shall include— 
‘‘(A) improving mobility of people and goods; 
‘‘(B) reducing congestion; 
‘‘(C) promoting safety; 
‘‘(D) improving the durability and extending the life 
of transportation infrastructure; 
‘‘(E) preserving the environment; and 
‘‘(F) preserving the existing transportation system; 
‘‘(2) for each of the purposes referred to in paragraph 
(1), list the primary proposed research and development activi-
ties that the Department of Transportation intends to pursue 
to accomplish that purpose, which may include— 
‘‘(A) fundamental research pertaining to the applied 
physical and natural sciences; 
‘‘(B) applied science and research; 
‘‘(C) technology development research; and 
‘‘(D) social science research; and 
‘‘(3) for each research and development activity— 
‘‘(A) identify the anticipated annual funding levels for 
the period covered by the strategic plan; and 
‘‘(B) describe the research findings the Department 
expects to discover at the end of the period covered by 
the strategic plan. 
‘‘(d) CONSIDERATIONS.—The Secretary shall ensure that the 
strategic plan developed under this section— 
‘‘(1) reflects input from a wide range of external stake-
holders; 
‘‘(2) includes and integrates the research and development 
programs of all of the modal administrations of the Department 
49 USC 6503. 
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129 STAT. 1581 
PUBLIC LAW 114–94—DEC. 4, 2015 
of Transportation, including aviation, transit, rail, and mari-
time and joint programs; 
‘‘(3) takes into account research and development by other 
Federal, State, local, private sector, and nonprofit institutions; 
‘‘(4) not later than December 31, 2016, is published on 
a public website; and 
‘‘(5) takes into account how research and development by 
other Federal, State, private sector, and nonprofit institutions— 
‘‘(A) contributes to the achievement of the purposes 
identified under subsection (c)(1); and 
‘‘(B) avoids unnecessary duplication of those efforts. 
‘‘(e) INTERIM REPORT.—Not later than 2 1⁄2 years after the 
date of enactment of this chapter, the Secretary may publish on 
a public website an interim report that— 
‘‘(1) provides an assessment of the 5-year research and 
development strategic plan of the Department of Transportation 
described in this section; and 
‘‘(2) includes a description of the extent to which the 
research and development is or is not successfully meeting 
the purposes described under subsection (c)(1).’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
chapters for subtitle III of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘63. Bureau of Transportation Statistics ............................................................. 6301
‘‘65. Research planning ......................................................................................... 6501’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER 5 OF TITLE 23.—Chapter 5 of title 23, United 
States Code, is amended— 
(A) by striking section 508; 
(B) in the table of contents, by striking the item 
relating to section 508; 
(C) in section 502— 
(i) in subsection (a)(9), by striking ‘‘transportation 
research and technology development strategic plan 
developed under section 508’’ and inserting ‘‘transpor-
tation research and development strategic plan under 
section 6503 of title 49’’; and 
(ii) in subsection (b)(4), by striking ‘‘transportation 
research and development strategic plan of the Sec-
retary developed under section 508’’ and inserting 
‘‘transportation research and development strategic 
plan under section 6503 of title 49’’; and 
(D) in section 512(b), by striking ‘‘as part of the 
transportation research and development strategic plan 
developed under section 508’’. 
(2) INTELLIGENT
TRANSPORTATION
SYSTEMS.—The Intel-
ligent Transportation Systems Act of 1998 (23 U.S.C. 502 note; 
Public Law 105–178) is amended— 
(A) in section 5205(b), by striking ‘‘as part of the Sur-
face Transportation Research and Development Strategic 
Plan developed under section 508 of title 23’’ and inserting 
‘‘as part of the transportation research and development 
strategic plan under section 6503 of title 49’’; and 
(B) in section 5206(e)(2)(A), by striking ‘‘or the Surface 
Transportation Research and Development Strategic Plan 
developed under section 508 of title 23’’ and inserting ‘‘or 
49 USC 5101. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
the transportation research and development strategic plan 
under section 6503 of title 49’’. 
(3) INTELLIGENT TRANSPORTATION SYSTEM RESEARCH.—Sec-
tion 5305(h)(3)(A) of SAFETEA–LU (23 U.S.C. 512 note; Public 
Law 109–59) is amended by striking ‘‘the strategic plan under 
section 508 of title 23, United States Code’’ and inserting ‘‘the 
5-year strategic plan under 6503 of title 49, United States 
Code’’. 
SEC. 6020. SURFACE TRANSPORTATION SYSTEM FUNDING ALTER-
NATIVES. 
(a) IN GENERAL.—The Secretary shall establish a program to 
provide grants to States to demonstrate user-based alternative rev-
enue mechanisms that utilize a user fee structure to maintain 
the long-term solvency of the Highway Trust Fund. 
(b) APPLICATION.—To be eligible for a grant under this section, 
a State or group of States shall submit to the Secretary an applica-
tion in such form and containing such information as the Secretary 
may require. 
(c) OBJECTIVES.—The Secretary shall ensure that the activities 
carried out using funds provided under this section meet the fol-
lowing objectives: 
(1) To test the design, acceptance, and implementation 
of 2 or more future user-based alternative revenue mechanisms. 
(2) To improve the functionality of such user-based alter-
native revenue mechanisms. 
(3) To conduct outreach to increase public awareness 
regarding the need for alternative funding sources for surface 
transportation programs and to provide information on possible 
approaches. 
(4) To provide recommendations regarding adoption and 
implementation of user-based alternative revenue mechanisms. 
(5) To minimize the administrative cost of any potential 
user-based alternative revenue mechanisms. 
(d) USE OF FUNDS.—A State or group of States receiving funds 
under this section to test the design, acceptance, and implementa-
tion of a user-based alternative revenue mechanism— 
(1) shall address— 
(A) the implementation, interoperability, public accept-
ance, and other potential hurdles to the adoption of the 
user-based alternative revenue mechanism; 
(B) the protection of personal privacy; 
(C) the use of independent and private third-party 
vendors to collect fees and operate the user-based alter-
native revenue mechanism; 
(D) market-based congestion mitigation, if appropriate; 
(E) equity concerns, including the impacts of the user- 
based alternative revenue mechanism on differing income 
groups, various geographic areas, and the relative burdens 
on rural and urban drivers; 
(F) ease of compliance for different users of the 
transportation system; and 
(G) the reliability and security of technology used to 
implement the user-based alternative revenue mechanism; 
and 
(2) may address— 
23 USC 503 note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(A) the flexibility and choices of user-based alternative 
revenue mechanisms, including the ability of users to select 
from various technology and payment options; 
(B) the cost of administering the user-based alternative 
revenue mechanism; and 
(C) the ability of the administering entity to audit 
and enforce user compliance. 
(e) CONSIDERATION.—The Secretary shall consider geographic 
diversity in awarding grants under this section. 
(f) LIMITATIONS ON REVENUE COLLECTED.—Any revenue col-
lected through a user-based alternative revenue mechanism estab-
lished using funds provided under this section shall not be consid-
ered a toll under section 301 of title 23, United States Code. 
(g) FEDERAL SHARE.—The Federal share of the cost of an 
activity carried out under this section may not exceed 50 percent 
of the total cost of the activity. 
(h) REPORT TO SECRETARY.—Not later than 1 year after the 
date on which the first eligible entity receives a grant under this 
section, and each year thereafter, each recipient of a grant under 
this section shall submit to the Secretary a report that describes— 
(1) how the demonstration activities carried out with grant 
funds meet the objectives described in subsection (c); and 
(2) lessons learned for future deployment of alternative 
revenue mechanisms that utilize a user fee structure. 
(i) BIENNIAL REPORTS.—Not later than 2 years after the date 
of enactment of this Act, and every 2 years thereafter until the 
completion of the demonstration activities under this section, the 
Secretary shall make available to the public on an Internet website 
a report describing the progress of the demonstration activities. 
(j) FUNDING.—Of the funds authorized to carry out section 
503(b) of title 23, United States Code— 
(1) $15,000,000 shall be used to carry out this section 
for fiscal year 2016; and 
(2) $20,000,000 shall be used to carry out this section 
for each of fiscal years 2017 through 2020. 
(k) GRANT FLEXIBILITY.—If, by August 1 of each fiscal year, 
the Secretary determines that there are not enough grant applica-
tions that meet the requirements of this section for a fiscal year, 
Secretary shall transfer to the program under section 503(b) of 
title 23, United States Code— 
(1) any of the funds reserved for the fiscal year under 
subsection (j) that the Secretary has not yet awarded under 
this section; and 
(2) an amount of obligation limitation equal to the amount 
of funds that the Secretary transfers under paragraph (1). 
SEC. 6021. FUTURE INTERSTATE STUDY. 
(a) FUTURE INTERSTATE SYSTEM STUDY.—Not later than 180 
days after the date of enactment of this Act, the Secretary shall 
enter into an agreement with the Transportation Research Board 
of the National Academies to conduct a study on the actions needed 
to upgrade and restore the Dwight D. Eisenhower National System 
of Interstate and Defense Highways to its role as a premier system 
that meets the growing and shifting demands of the 21st century. 
(b) METHODOLOGIES.—In conducting the study, the Transpor-
tation Research Board shall build on the methodologies examined 
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PUBLIC LAW 114–94—DEC. 4, 2015 
and recommended in the report prepared for the American Associa-
tion of State Highway and Transportation Officials titled ‘‘National 
Cooperative Highway Research Program Project 20–24(79): Speci-
fications for a National Study of the Future 3R, 4R, and Capacity 
Needs of the Interstate System’’, dated December 2013. 
(c) CONTENTS OF STUDY.—The study— 
(1) shall include specific recommendations regarding the 
features, standards, capacity needs, application of technologies, 
and intergovernmental roles to upgrade the Interstate System, 
including any revisions to law (including regulations) that the 
Transportation Research Board determines appropriate; and 
(2) is encouraged to build on the institutional knowledge 
in the highway industry in applying the techniques involved 
in implementing the study. 
(d) CONSIDERATIONS.—In carrying out the study, the Transpor-
tation Research Board shall determine the need for reconstruction 
and improvement of the Interstate System by considering— 
(1) future demands on transportation infrastructure deter-
mined for national planning purposes, including commercial 
and private traffic flows to serve future economic activity and 
growth; 
(2) the expected condition of the current Interstate System 
over the period of 50 years beginning on the date of enactment 
of this Act, including long-term deterioration and reconstruction 
needs; 
(3) features that would take advantage of technological 
capabilities to address modern standards of construction, 
maintenance, and operations, for purposes of safety, and system 
management, taking into further consideration system perform-
ance and cost; 
(4) those National Highway System routes that should 
be added to the existing Interstate System to more efficiently 
serve national traffic flows; and 
(5) the resources necessary to maintain and improve the 
Interstate System, including the resources required to upgrade 
the National Highway System routes identified in paragraph 
(4) to Interstate standards. 
(e) CONSULTATION.—In carrying out the study, the Transpor-
tation Research Board— 
(1) shall convene and consult with a panel of national 
experts, including operators and users of the Interstate System 
and private sector stakeholders; and 
(2) is encouraged to consult with— 
(A) the Federal Highway Administration; 
(B) States; 
(C) planning agencies at the metropolitan, State, and 
regional levels; 
(D) the motor carrier industry; 
(E) freight shippers; 
(F) highway safety groups; and 
(G) other appropriate entities. 
(f) REPORT.—Not later than 3 years after the date of enactment 
of this Act, the Transportation Research Board shall submit to 
the Secretary, the Committee on Environment and Public Works 
of the Senate, and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report on the results of 
the study conducted under this section. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(g) FUNDING.—From amounts authorized to carry out the High-
way Research and Development Program, the Secretary shall use 
to carry out this section not more than $5,000,000 for fiscal year 
2016. 
SEC. 6022. HIGHWAY EFFICIENCY. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary may examine the impact 
of pavement durability and sustainability on vehicle fuel 
consumption, vehicle wear and tear, road conditions, and road 
repairs. 
(2) METHODOLOGY.—In carrying out the study, the Sec-
retary shall— 
(A) conduct a thorough review of relevant peer- 
reviewed research published during at least the past 5 
years; 
(B) analyze impacts of different types of pavement 
on all motor vehicle types, including commercial vehicles; 
(C) specifically examine the impact of pavement 
deformation and deflection; and 
(D) analyze impacts of different types of pavement 
on road conditions and road repairs. 
(3) CONSULTATION.—In carrying out the study, the Sec-
retary shall consult with— 
(A) modal administrations of the Department and other 
Federal agencies, including the National Institute of Stand-
ards and Technology; 
(B) State departments of transportation; 
(C) industry stakeholders; and 
(D) appropriate academic experts. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall publish on a 
public website a report describing the results of the study. 
(2) CONTENTS.—The report shall include— 
(A) a summary of the different types of pavements 
analyzed in the study and the impacts of pavement dura-
bility and sustainability on safety, vehicle fuel consump-
tion, vehicle wear and tear, road conditions, and road 
repairs; and 
(B) recommendations for State and local governments 
on best practice methods for improving pavement durability 
and sustainability to maximize vehicle fuel economy, 
improve safety, ride quality, and road conditions, and to 
minimize the need for road and vehicle repairs. 
SEC. 6023. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP. 
To improve the scientific pursuit and research procedures con-
cerning transportation, the Secretary may convene an interagency 
working group— 
(1) to identify opportunities for coordination between the 
Department and universities and the private sector; and 
(2) to identify and develop a plan to address related 
workforce development needs. 
SEC. 6024. COLLABORATION AND SUPPORT. 
The Secretary may solicit the support of, and identify opportuni-
ties to collaborate with, other Federal research agencies and 
49 USC 301 note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
national laboratories to assist in the effective and efficient pursuit 
and resolution of research challenges identified by the Secretary. 
SEC. 6025. GAO REPORT. 
Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall submit 
to Congress a report that— 
(1) assesses the status of autonomous transportation tech-
nology policy developed by public entities in the United States; 
(2) assesses the organizational readiness of the Department 
to address autonomous vehicle technology challenges, including 
consumer privacy protections; and 
(3) recommends implementation paths for autonomous 
transportation technology, applications, and policies that are 
based on the assessment described in paragraph (2). 
SEC. 6026. TRAFFIC CONGESTION. 
(a) CONGESTION
RESEARCH.—The Secretary may conduct 
research on the reduction of traffic congestion. 
(b) CONSIDERATION.—The Secretary may— 
(1) recommend research to accelerate the adoption of 
transportation management systems that allow traffic to flow 
in the safest and most efficient manner possible while alle-
viating current and future traffic congestion challenges; 
(2) assess and analyze traffic, transit, and freight data 
from various sources relevant to efforts to reduce traffic conges-
tion so as to maximize mobility, efficiency, and capacity while 
decreasing congestion and travel times; 
(3) examine the use and integration of multiple data types 
from multiple sources and technologies, including road weather 
data, arterial and highway traffic conditions, transit vehicle 
arrival and departure times, real time navigation routing, 
construction zone information, and reports of incidents, to sug-
gest improvements in effective communication of such data 
and information in real time; 
(4) develop and disseminate suggested strategies and solu-
tions to reduce congestion for high-density traffic regions and 
to provide mobility in the event of an emergency or natural 
disaster; and 
(5) collaborate with other relevant Federal agencies, State 
and local agencies, industry and industry associations, and 
university research centers to fulfill goals and objectives under 
this section. 
(c) IDENTIFYING INFORMATION.—The Secretary shall ensure that 
information used pursuant to this section does not contain identi-
fying information of any individual. 
(d) REPORT.—Not later than 1 year after the completion of 
research under this section, the Secretary may make available 
on a public website a report on any activities under this section. 
SEC. 6027. SMART CITIES TRANSPORTATION PLANNING STUDY. 
(a) IN GENERAL.—The Secretary may conduct a study of digital 
technologies 
and 
information 
technologies, 
including 
shared 
mobility, data, transportation network companies, and on-demand 
transportation services— 
(1) to understand the degree to which cities are adopting 
those technologies; 
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129 STAT. 1587 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) to assess future planning, infrastructure, and invest-
ment needs; and 
(3) to provide best practices to plan for smart cities in 
which information and technology are used— 
(A) to improve city operations; 
(B) to grow the local economy; 
(C) to improve response in times of emergencies and 
natural disasters; and 
(D) to improve the lives of city residents. 
(b) COMPONENTS.—The study conducted under subsection (a) 
shall— 
(1) identify broad issues that influence the ability of the 
United States to plan for and invest in smart cities, including 
barriers to collaboration and access to scientific information; 
and 
(2) review how the expanded use of digital technologies, 
mobile devices, and information may— 
(A) enhance the efficiency and effectiveness of existing 
transportation networks; 
(B) optimize demand management services; 
(C) impact low-income and other disadvantaged 
communities; 
(D) assess opportunities to share, collect, and use data; 
(E) change current planning and investment strategies; 
and 
(F) provide opportunities for enhanced coordination and 
planning. 
(c) REPORTING.—Not later than 18 months after the date of 
enactment of this Act, the Secretary may publish the report con-
taining the results of the study conducted under subsection (a) 
to a public website. 
SEC. 6028. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM. 
(a) PERFORMANCE MANAGEMENT DATA SUPPORT.—The Adminis-
trator of the Federal Highway Administration shall develop, use, 
and maintain data sets and data analysis tools to assist metropoli-
tan planning organizations, States, and the Federal Highway 
Administration in carrying out performance management analyses 
(including the performance management requirements under sec-
tion 150 of title 23, United States Code). 
(b) INCLUSIONS.—The data analysis activities authorized under 
subsection (a) may include— 
(1) collecting and distributing vehicle probe data describing 
traffic on Federal-aid highways; 
(2) collecting household travel behavior data to assess local 
and cross-jurisdictional travel, including to accommodate 
external and through travel; 
(3) enhancing existing data collection and analysis tools 
to accommodate performance measures, targets, and related 
data, so as to better understand trip origin and destination, 
trip time, and mode; 
(4) enhancing existing data analysis tools to improve 
performance predictions and travel models in reports described 
in section 150(e) of title 23, United States Code; and 
(5) developing tools— 
(A) to improve performance analysis; and 
23 USC 150 note. 
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129 STAT. 1588 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) to evaluate the effects of project investments on 
performance. 
(c) FUNDING.—From amounts authorized to carry out the High-
way Research and Development Program, the Administrator of 
the Federal Highway Administration may use up to $10,000,000 
for each of fiscal years 2016 through 2020 to carry out this section. 
TITLE VII—HAZARDOUS MATERIALS 
TRANSPORTATION 
SEC. 7001. SHORT TITLE. 
This title may be cited as the ‘‘Hazardous Materials Transpor-
tation Safety Improvement Act of 2015’’. 
Subtitle A—Authorizations 
SEC. 7101. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 of title 49, United States Code, is amended to 
read as follows: 
‘‘§ 5128. Authorization of appropriations 
‘‘(a) IN GENERAL.—There are authorized to be appropriated 
to the Secretary to carry out this chapter (except sections 5107(e), 
5108(g)(2), 5113, 5115, 5116, and 5119)— 
‘‘(1) $53,000,000 for fiscal year 2016; 
‘‘(2) $55,000,000 for fiscal year 2017; 
‘‘(3) $57,000,000 for fiscal year 2018; 
‘‘(4) $58,000,000 for fiscal year 2019; and 
‘‘(5) $60,000,000 for fiscal year 2020. 
‘‘(b) 
HAZARDOUS
MATERIALS
EMERGENCY
PREPAREDNESS 
FUND.—From the Hazardous Materials Emergency Preparedness 
Fund established under section 5116(h), the Secretary may expend, 
for each of fiscal years 2016 through 2020— 
‘‘(1) $21,988,000 to carry out section 5116(a); 
‘‘(2) $150,000 to carry out section 5116(e); 
‘‘(3) $625,000 to publish and distribute the Emergency 
Response Guidebook under section 5116(h)(3); and 
‘‘(4) $1,000,000 to carry out section 5116(i). 
‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.—From the Haz-
ardous Materials Emergency Preparedness Fund established pursu-
ant to section 5116(h), the Secretary may expend $4,000,000 for 
each of fiscal years 2016 through 2020 to carry out section 5107(e). 
‘‘(d) COMMUNITY SAFETY GRANTS.—Of the amounts made avail-
able under subsection (a) to carry out this chapter, the Secretary 
shall withhold $1,000,000 for each of fiscal years 2016 through 
2020 to carry out section 5107(i). 
‘‘(e) CREDITS TO APPROPRIATIONS.— 
‘‘(1) EXPENSES.—In addition to amounts otherwise made 
available to carry out this chapter, the Secretary may credit 
amounts received from a State, Indian tribe, or other public 
authority or private entity for expenses the Secretary incurs 
in providing training to the State, Indian tribe, authority, or 
entity. 
‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts made available 
under this section shall remain available until expended.’’. 
49 USC 5101 
note. 
Hazardous 
Materials 
Transportation 
Safety 
Improvement Act 
of 2015. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
Subtitle B—Hazardous Material Safety and 
Improvement 
SEC. 7201. NATIONAL EMERGENCY AND DISASTER RESPONSE. 
Section 5103 of title 49, United States Code, is amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by inserting after subsection (b) the following: 
‘‘(c) FEDERALLY DECLARED DISASTERS AND EMERGENCIES.— 
‘‘(1) IN
GENERAL.—The Secretary may by order waive 
compliance with any part of an applicable standard prescribed 
under this chapter without prior notice and comment and on 
terms the Secretary considers appropriate if the Secretary 
determines that— 
‘‘(A) it is in the public interest to grant the waiver; 
‘‘(B) the waiver is not inconsistent with the safety 
of transporting hazardous materials; and 
‘‘(C) the waiver is necessary to facilitate the safe move-
ment of hazardous materials into, from, and within an 
area of a major disaster or emergency that has been 
declared under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.). 
‘‘(2) PERIOD OF WAIVER.—A waiver under this subsection 
may be issued for a period of not more than 60 days and 
may be renewed upon application to the Secretary only after 
notice and an opportunity for a hearing on the waiver. The 
Secretary shall immediately revoke the waiver if continuation 
of the waiver would not be consistent with the goals and objec-
tives of this chapter. 
‘‘(3) STATEMENT OF REASONS.—The Secretary shall include 
in any order issued under this section the reasons for granting 
the waiver.’’. 
SEC. 7202. MOTOR CARRIER SAFETY PERMITS. 
Section 5109(h) of title 49, United States Code, is amended 
to read as follows: 
‘‘(h) LIMITATION ON DENIAL.—The Secretary may not deny a 
non-temporary permit held by a motor carrier pursuant to this 
section based on a comprehensive review of that carrier triggered 
by safety management system scores or out-of-service disqualifica-
tion standards, unless— 
‘‘(1) the carrier has the opportunity, prior to the denial 
of such permit, to submit a written description of corrective 
actions taken and other documentation the carrier wishes the 
Secretary to consider, including a corrective action plan; and 
‘‘(2) the Secretary determines the actions or plan is insuffi-
cient to address the safety concerns identified during the course 
of the comprehensive review.’’. 
SEC. 7203. IMPROVING THE EFFECTIVENESS OF PLANNING AND 
TRAINING GRANTS. 
(a) PLANNING
AND TRAINING GRANTS.—Section 5116 of title 
49, United States Code, is amended— 
(1) by redesignating subsections (c) through (k) as sub-
sections (b) through (j), respectively, 
(2) by striking subsection (b); and 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(3) by striking subsection (a) and inserting the following: 
‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The Secretary shall 
make grants to States and Indian tribes— 
‘‘(A) to develop, improve, and carry out emergency plans 
under the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining 
flow patterns of hazardous material on lands under the jurisdic-
tion of a State or Indian tribe, and between lands under the 
jurisdiction of a State or Indian tribe and lands of another 
State or Indian tribe; 
‘‘(B) to decide on the need for regional hazardous material 
emergency response teams; and 
‘‘(C) to train public sector employees to respond to accidents 
and incidents involving hazardous material. 
‘‘(2) To the extent that a grant is used to train emergency 
responders under paragraph (1)(C), the State or Indian tribe shall 
provide written certification to the Secretary that the emergency 
responders who receive training under the grant will have the 
ability to protect nearby persons, property, and the environment 
from the effects of accidents or incidents involving the transpor-
tation of hazardous material in accordance with existing regulations 
or National Fire Protection Association standards for competence 
of responders to accidents and incidents involving hazardous mate-
rials. 
‘‘(3) The Secretary may make a grant to a State or Indian 
tribe under paragraph (1) of this subsection only if— 
‘‘(A) the State or Indian tribe certifies that the total amount 
the State or Indian tribe expends (except amounts of the Fed-
eral Government) for the purpose of the grant will at least 
equal the average level of expenditure for the last 5 years; 
and 
‘‘(B) any emergency response training provided under the 
grant shall consist of— 
‘‘(i) a course developed or identified under section 5115 
of this title; or 
‘‘(ii) any other course the Secretary determines is con-
sistent with the objectives of this section. 
‘‘(4) A State or Indian tribe receiving a grant under this sub-
section shall ensure that planning and emergency response training 
under the grant is coordinated with adjacent States and Indian 
tribes. 
‘‘(5) A training grant under paragraph (1)(C) may be used— 
‘‘(A) to pay— 
‘‘(i) the tuition costs of public sector employees being 
trained; 
‘‘(ii) travel expenses of those employees to and from 
the training facility; 
‘‘(iii) room and board of those employees when at the 
training facility; and 
‘‘(iv) travel expenses of individuals providing the 
training; 
‘‘(B) by the State, political subdivision, or Indian tribe 
to provide the training; and 
‘‘(C) to make an agreement with a person (including an 
authority of a State, a political subdivision of a State or Indian 
tribe, or a local jurisdiction), subject to approval by the Sec-
retary, to provide the training if— 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) the agreement allows the Secretary and the State 
or Indian tribe to conduct random examinations, inspec-
tions, and audits of the training without prior notice; 
‘‘(ii) the person agrees to have an auditable accounting 
system; and 
‘‘(iii) the State or Indian tribe conducts at least one 
on-site observation of the training each year. 
‘‘(6) The Secretary shall allocate amounts made available for 
grants under this subsection among eligible States and Indian 
tribes based on the needs of the States and Indian tribes for 
emergency response planning and training. In making a decision 
about those needs, the Secretary shall consider— 
‘‘(A) the number of hazardous material facilities in the 
State or on land under the jurisdiction of the Indian tribe; 
‘‘(B) the types and amounts of hazardous material trans-
ported in the State or on such land; 
‘‘(C) whether the State or Indian tribe imposes and collects 
a fee for transporting hazardous material; 
‘‘(D) whether such fee is used only to carry out a purpose 
related to transporting hazardous material; 
‘‘(E) the past record of the State or Indian tribe in effec-
tively managing planning and training grants; and 
‘‘(F) any other factors the Secretary determines are appro-
priate to carry out this subsection.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 5108(g) of title 49, United States Code, is 
amended by striking ‘‘5116(i)’’ each place it appears and 
inserting ‘‘5116(h)’’. 
(2) Section 5116 of such title is amended— 
(A) in subsection (d), as so redesignated, by striking 
‘‘subsections (a)(2)(A) and (b)(2)(A)’’ and inserting ‘‘sub-
section (a)(3)(A)’’; 
(B) in subsection (h), as so redesignated— 
(i) in paragraph (1) by inserting ‘‘and section 
5107(e)’’ after ‘‘section’’; 
(ii) in paragraph (2) by striking ‘‘(f)’’ and inserting 
‘‘(e)’’; and 
(iii) in paragraph (4) by striking ‘‘5108(g)(2) and 
5115’’ and inserting ‘‘5107(e) and 5108(g)(2)’’; 
(C) in subsection (i), as so redesignated, by striking 
‘‘subsection (b)’’ and inserting ‘‘subsection (a)’’; and 
(D) in subsection (j), as so redesignated— 
(i) by striking ‘‘planning grants allocated under 
subsection (a), training grants under subsection (b), 
and grants under subsection (j) of this section and 
under section 5107’’ and inserting ‘‘planning and 
training grants under subsection (a) and grants under 
subsection (i) of this section and under subsections 
(e) and (i) of section 5107’’; and 
(ii) by redesignating subparagraphs (A) through 
(D) as paragraphs (1) through (4), respectively. 
(c) SAVINGS CLAUSE.—Nothing in this section may be construed 
to prohibit the Secretary from recovering and deobligating funds 
from grants that are not managed or expended in compliance with 
a grant agreement. 
49 USC 5116 
note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 7204. IMPROVING PUBLICATION OF SPECIAL PERMITS AND 
APPROVALS. 
Section 5117 of title 49, United States Code, is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘an application for a special permit’’ 
and inserting ‘‘an application for a new special permit 
or a modification to an existing special permit’’; and 
(B) by inserting after the second sentence the following: 
‘‘The Secretary shall make available to the public on the 
Department of Transportation’s Internet Web site any spe-
cial permit other than a new special permit or a modifica-
tion to an existing special permit and shall give the public 
an opportunity to inspect the safety analysis and comment 
on the application for a period of not more than 15 days.’’; 
and 
(2) in subsection (c)— 
(A) by striking ‘‘publish’’ and inserting ‘‘make available 
to the public’’; 
(B) by striking ‘‘in the Federal Register’’; 
(C) by striking ‘‘180’’ and inserting ‘‘120’’; and 
(D) by striking ‘‘the special permit’’ each place it 
appears and inserting ‘‘a special permit or approval’’; and 
(3) by adding at the end the following: 
‘‘(g) DISCLOSURE
OF
FINAL
ACTION.—The Secretary shall 
periodically, but at least every 120 days— 
‘‘(1) publish in the Federal Register notice of the final 
disposition of each application for a new special permit, modi-
fication to an existing special permit, or approval during the 
preceding quarter; and 
‘‘(2) make available to the public on the Department of 
Transportation’s Internet Web site notice of the final disposition 
of any other special permit during the preceding quarter.’’. 
SEC. 7205. ENHANCED REPORTING. 
Section 5121(h) of title 49, United States Code, is amended 
by striking ‘‘transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate’’ and 
inserting ‘‘make available to the public on the Department of 
Transportation’s Internet Web site’’. 
SEC. 7206. WETLINES. 
(a) WITHDRAWAL.—Not later than 30 days after the date of 
enactment of this Act, the Secretary shall withdraw the proposed 
rule described in the notice of proposed rulemaking issued on 
January 27, 2011, entitled ‘‘Safety Requirements for External 
Product Piping on Cargo Tanks Transporting Flammable Liquids’’ 
(76 Fed. Reg. 4847). 
(b) SAVINGS CLAUSE.—Nothing in this section shall prohibit 
the Secretary from issuing standards or regulations regarding the 
safety of external product piping on cargo tanks transporting flam-
mable liquids after the withdrawal is carried out pursuant to sub-
section (a). 
SEC. 7207. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINA-
TIONS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
49 USC 5103 
note. 
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129 STAT. 1593 
PUBLIC LAW 114–94—DEC. 4, 2015 
shall evaluate and transmit to the Secretary, the Committee on 
Transportation and Infrastructure of the House of Representatives, 
and the Committee on Commerce, Science, and Transportation of 
the Senate, a report on the standards, metrics, and protocols that 
the Secretary uses to regulate the performance of persons approved 
to recommend hazard classifications pursuant to section 173.56(b) 
of title 49, Code of Federal Regulations (commonly referred to 
as ‘‘third-party labs’’). 
(b) EVALUATION.—The evaluation required under subsection (a) 
shall— 
(1) identify what standards and protocols are used to 
approve such persons, assess the adequacy of such standards 
and protocols to ensure that persons seeking approval are quali-
fied and capable of performing classifications, and make rec-
ommendations to address any deficiencies identified; 
(2) assess the adequacy of the Secretary’s oversight of 
persons approved to perform the classifications, including the 
qualification of individuals engaged in the oversight of approved 
persons, and make recommendations to enhance oversight suffi-
ciently to ensure that classifications are issued as required; 
(3) identify what standards and protocols exist to rescind, 
suspend, or deny approval of persons who perform such classi-
fications, assess the adequacy of such standards and protocols, 
and make recommendations to enhance such standards and 
protocols if necessary; and 
(4) include annual data for fiscal years 2005 through 2015 
on the number of applications received for new classifications 
pursuant to section 173.56(b) of title 49, Code of Federal Regula-
tions, of those applications how many classifications rec-
ommended by persons approved by the Secretary were changed 
to another classification and the reasons for the change, and 
how many hazardous materials incidents have been attributed 
to a classification recommended by such approved persons in 
the United States. 
(c) ACTION PLAN.—Not later than 180 days after receiving 
the report required under subsection (a), the Secretary shall make 
available to the public a plan describing any actions the Secretary 
will take to establish standards, metrics, and protocols based on 
the findings and recommendations in the report to ensure that 
persons approved to perform classification examinations required 
under section 173.56(b) of title 49, Code of Federal Regulations, 
can sufficiently perform such examinations in a manner that meets 
the hazardous materials regulations. 
(d) REGULATIONS.—If the report required under subsection (a) 
recommends new regulations in order for the Secretary to have 
confidence in the accuracy of classification recommendations ren-
dered by persons approved to perform classification examinations 
required under section 173.56(b) of title 49, Code of Federal Regula-
tions, the Secretary shall consider such recommendations, and if 
determined appropriate, issue regulations to address the rec-
ommendations not later than 18 months after the date of the 
publication of the plan under subsection (c). 
SEC. 7208. HAZARDOUS MATERIALS ENDORSEMENT EXEMPTION. 
The Secretary shall allow a State, at the discretion of the 
State, to waive the requirement for a holder of a Class A commercial 
driver’s license to obtain a hazardous materials endorsement under 
49 USC 31305 
note. 
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129 STAT. 1594 
PUBLIC LAW 114–94—DEC. 4, 2015 
part 383 of title 49, Code of Federal Regulations, if the license 
holder— 
(1) is acting within the scope of the license holder’s employ-
ment as an employee of a custom harvester operation, 
agrichemical business, farm retail outlet and supplier, or live-
stock feeder; and 
(2) is operating a service vehicle that is— 
(A) transporting diesel in a quantity of 3,785 liters 
(1,000 gallons) or less; and 
(B) clearly marked with a ‘‘flammable’’ or ‘‘combustible’’ 
placard, as appropriate. 
Subtitle C—Safe Transportation of 
Flammable Liquids by Rail 
SEC. 7301. COMMUNITY SAFETY GRANTS. 
Section 5107 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(i) COMMUNITY SAFETY GRANTS.—The Secretary shall establish 
a competitive program for making grants to nonprofit organizations 
for— 
‘‘(1) conducting national outreach and training programs 
to assist communities in preparing for and responding to 
accidents and incidents involving the transportation of haz-
ardous materials, including Class 3 flammable liquids by rail; 
and 
‘‘(2) training State and local personnel responsible for 
enforcing the safe transportation of hazardous materials, 
including Class 3 flammable liquids.’’. 
SEC. 7302. REAL-TIME EMERGENCY RESPONSE INFORMATION. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary, in consultation with appropriate 
Federal agencies, shall issue regulations that— 
(1) require a Class I railroad transporting hazardous mate-
rials— 
(A) to generate accurate, real-time, and electronic train 
consist information, including— 
(i) the identity, quantity, and location of hazardous 
materials on a train; 
(ii) the point of origin and destination of the train; 
(iii) any emergency response information or 
resources required by the Secretary; and 
(iv) an emergency response point of contact des-
ignated by the Class I railroad; and 
(B) to enter into a memorandum of understanding 
with each applicable fusion center to provide the fusion 
center with secure and confidential access to the electronic 
train consist information described in subparagraph (A) 
for each train transporting hazardous materials in the 
jurisdiction of the fusion center; 
(2) require each applicable fusion center to provide the 
electronic train consist information described in paragraph 
(1)(A) to State and local first responders, emergency response 
officials, and law enforcement personnel that are involved in 
the response to or investigation of an accident, incident, or 
49 USC 20103 
note. 
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129 STAT. 1595 
PUBLIC LAW 114–94—DEC. 4, 2015 
public health or safety emergency involving the rail transpor-
tation of hazardous materials and that request such electronic 
train consist information; 
(3) require each Class I railroad to provide advanced 
notification and information on high-hazard flammable trains 
to each State emergency response commission, consistent with 
the notification content requirements in Emergency Order 
Docket No. DOT–OST–2014–0067, including— 
(A) a reasonable estimate of the number of implicated 
trains that are expected to travel, per week, through each 
county within the applicable State; 
(B) updates to such estimate prior to making any mate-
rial changes to any volumes or frequencies of trains trav-
eling through a county; 
(C) identification and a description of the Class 3 flam-
mable liquid being transported on such trains; 
(D) applicable emergency response information, as 
required by regulation; 
(E) identification of the routes over which such liquid 
will be transported; and 
(F) a point of contact at the Class I railroad responsible 
for serving as the point of contact for State emergency 
response centers and local emergency responders related 
to the Class I railroad’s transportation of such liquid. 
(4) require each applicable State emergency response 
commission to provide to a political subdivision of a State, 
or public agency responsible for emergency response or law 
enforcement, upon request of the political subdivision or public 
agency, the information the commission receives from a Class 
I railroad pursuant to paragraph (3), including, for any such 
political subdivision or public agency responsible for emergency 
response or law enforcement that makes an initial request 
for such information, any updates received by the State emer-
gency response commission. 
(5) prohibit any Class I railroad, employee, or agent from 
withholding, or causing to be withheld, the train consist 
information from first responders, emergency response officials, 
and law enforcement personnel described in paragraph (2) in 
the event of an incident, accident, or public health or safety 
emergency involving the rail transportation of hazardous mate-
rials; 
(6) establish security and confidentiality protections, 
including protections from the public release of proprietary 
information or security-sensitive information, to prevent the 
release to unauthorized persons any electronic train consist 
information or advanced notification or information provided 
by Class I railroads under this section; and 
(7) allow each Class I railroad to enter into a memorandum 
of understanding with any Class II railroad or Class III railroad 
that operates trains over the Class I railroad’s line to incor-
porate the Class II railroad or Class III railroad’s train consist 
information within the existing framework described in para-
graph (1). 
(b) DEFINITIONS.—In this section: 
(1) APPLICABLE
FUSION
CENTER.—The term ‘‘applicable 
fusion center’’ means a fusion center with responsibility for 
a geographic area in which a Class I railroad operates. 
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129 STAT. 1596 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) CLASS I RAILROAD; CLASS II RAILROAD; CLASS III RAIL-
ROAD.—The terms ‘‘Class I railroad’’, ‘‘Class II railroad’’, and 
‘‘Class III railroad’’ have the meaning given those terms in 
section 20102 of title 49, United States Code. 
(3) CLASS 3 FLAMMABLE LIQUID.—The term ‘‘Class 3 flam-
mable liquid’’ has the meaning given the term flammable liquid 
in section 173.120(a) of title 49, Code of Federal Regulations. 
(4) FUSION
CENTER.—The term ‘‘fusion center’’ has the 
meaning given the term in section 210A(j) of the Homeland 
Security Act of 2002 (6 U.S.C. 124h(j)). 
(5) HAZARDOUS MATERIAL.—The term ‘‘hazardous material’’ 
means a substance or material the Secretary designates as 
hazardous under section 5103 of title 49, United States Code. 
(6) HIGH-HAZARD
FLAMMABLE
TRAIN.—The term ‘‘high- 
hazard flammable train’’ means a single train transporting 
20 or more tank cars loaded with a Class 3 flammable liquid 
in a continuous block or a single train transporting 35 or 
more tank cars loaded with a Class 3 flammable liquid through-
out the train consist. 
(7) TRAIN CONSIST.—The term ‘‘train consist’’ includes, with 
regard to a specific train, the number of rail cars and the 
commodity transported by each rail car. 
(c) SAVINGS CLAUSE.—Nothing in this section may be construed 
to prohibit a Class I railroad from voluntarily entering into a 
memorandum of understanding, as described in subsection (a)(1)(B), 
with a State emergency response commission or an entity rep-
resenting or including first responders, emergency response officials, 
and law enforcement personnel. 
SEC. 7303. EMERGENCY RESPONSE. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study to determine whether limitations or weak-
nesses exist in the emergency response information carried by train 
crews transporting hazardous materials. 
(b) CONTENTS.—In conducting the study under subsection (a), 
the Comptroller General shall evaluate the differences between 
the emergency response information carried by train crews trans-
porting hazardous materials and the emergency response guidance 
provided in the Emergency Response Guidebook issued by the 
Department of Transportation. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall transmit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report of the findings of the study under sub-
section (a) and any recommendations for legislative action. 
SEC. 7304. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 
3 FLAMMABLE LIQUIDS. 
(a) IN GENERAL.—Except as provided for in subsection (b), 
beginning on the date of enactment of this Act, all DOT–111 speci-
fication railroad tank cars used to transport Class 3 flammable 
liquids shall meet the DOT–117, DOT–117P, or DOT–117R speci-
fications in part 179 of title 49, Code of Federal Regulations, regard-
less of train composition. 
(b) PHASE-OUT SCHEDULE.—Certain tank cars not meeting 
DOT–117, DOT–117P, or DOT–117R specifications on the date of 
49 USC 20155 
note. 
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129 STAT. 1597 
PUBLIC LAW 114–94—DEC. 4, 2015 
enactment of this Act may be used, regardless of train composition, 
until the following end-dates: 
(1) For transport of unrefined petroleum products in Class 
3 flammable service, including crude oil— 
(A) January 1, 2018, for non-jacketed DOT–111 tank 
cars; 
(B) March 1, 2018, for jacketed DOT–111 tank cars; 
(C) April 1, 2020, for non-jacketed CPC–1232 tank 
cars; and 
(D) May 1, 2025, for jacketed CPC–1232 tank cars. 
(2) For transport of ethanol— 
(A) May 1, 2023, for non-jacketed and jacketed DOT– 
111 tank cars; 
(B) July 1, 2023, for non-jacketed CPC–1232 tank cars; 
and 
(C) May 1, 2025, for jacketed CPC–1232 tank cars. 
(3) For transport of Class 3 flammable liquids in Packing 
Group I, other than Class 3 flammable liquids specified in 
paragraphs (1) and (2), May 1, 2025. 
(4) For transport of Class 3 flammable liquids in Packing 
Groups II and III, other than Class 3 flammable liquids speci-
fied in paragraphs (1) and (2), May 1, 2029. 
(c) RETROFITTING SHOP CAPACITY.—The Secretary may extend 
the deadlines established under paragraphs (3) and (4) of subsection 
(b) for a period not to exceed 2 years if the Secretary determines 
that insufficient retrofitting shop capacity will prevent the phase- 
out of tank cars not meeting the DOT–117, DOT–117P, or DOT– 
117R specifications by the deadlines set forth in such paragraphs. 
(d) CONFORMING REGULATORY AMENDMENTS.— 
(1) IN GENERAL.—Immediately after the date of enactment 
of this section, the Secretary— 
(A) shall remove or revise the date-specific deadlines 
in any applicable regulations or orders to the extent nec-
essary to conform with the requirements of this section; 
and 
(B) may not enforce any such date-specific deadlines 
or requirements that are inconsistent with the require-
ments of this section. 
(2) IMPLEMENTATION.—Nothing in this section shall be con-
strued to require the Secretary to issue regulations, except 
as required under paragraph (1), to implement this section. 
(e) SAVINGS CLAUSE.—Nothing in this section shall be construed 
to prohibit the Secretary from implementing the final rule issued 
on May 08, 2015, entitled ‘‘Enhanced Tank Car Standards and 
Operational Controls for High-Hazard Flammable Trains’’ (80 Fed. 
Reg. 26643), other than the provisions of the final rule that are 
inconsistent with this section. 
(f) CLASS 3 FLAMMABLE LIQUID DEFINED.—In this section, the 
term ‘‘Class 3 flammable liquid’’ has the meaning given the term 
flammable liquid in section 173.120(a) of title 49, Code of Federal 
Regulations. 
SEC. 7305. THERMAL BLANKETS. 
(a) REQUIREMENTS.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall issue such regulations 
as are necessary to require that each tank car built to meet the 
DOT–117 specification and each non-jacketed tank car modified 
49 USC 20155 
note. 
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129 STAT. 1598 
PUBLIC LAW 114–94—DEC. 4, 2015 
to meet the DOT–117R specification be equipped with an insulating 
blanket with at least 1⁄2-inch-thick material that has been approved 
by the Secretary pursuant to section 179.18(c) of title 49, Code 
of Federal Regulations. 
(b) SAVINGS CLAUSE.—Nothing in this section shall prohibit 
the Secretary from approving new or alternative technologies or 
materials as they become available that provide a level of safety 
at least equivalent to the level of safety provided for under sub-
section (a). 
SEC. 7306. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION 
FOR CLASS DOT–117R TANK CARS. 
(a) PROTECTIVE HOUSING.—Except as provided in subsections 
(b) and (c), top fittings on DOT specification 117R tank cars shall 
be located inside a protective housing not less than 1⁄2-inch in 
thickness and constructed of a material having a tensile strength 
not less than 65 kilopound per square inch and conform to the 
following specifications: 
(1) The protective housing shall be as tall as the tallest 
valve or fitting involved and the height of a valve or fitting 
within the protective housing must be kept to the minimum 
compatible with their proper operation. 
(2) The protective housing or cover may not reduce the 
flow capacity of the pressure relief device below the minimum 
required. 
(3) The protective housing shall provide a means of drain-
age with a minimum flow area equivalent to six 1-inch diameter 
holes. 
(4) When connected to the nozzle or fittings cover plate 
and subject to a horizontal force applied perpendicular to and 
uniformly over the projected plane of the protective housing, 
the tensile connection strength of the protective housing shall 
be designed to be— 
(A) no greater than 70 percent of the nozzle to tank 
tensile connection strength; 
(B) no greater than 70 percent of the cover plate to 
nozzle connection strength; and 
(C) no less than either 40 percent of the nozzle to 
tank tensile connection strength or the shear strength of 
twenty 1⁄2-inch bolts. 
(b) PRESSURE RELIEF DEVICES.— 
(1) The pressure relief device shall be located inside the 
protective housing, unless space does not permit. If multiple 
pressure relief devices are equipped, no more than 1 may 
be located outside of a protective housing. 
(2) The highest point on any pressure relief device located 
outside of a protective housing may not be more than 12 inches 
above the tank jacket. 
(3) The highest point on the closure of any unused pressure 
relief device nozzle may not be more than 6 inches above 
the tank jacket. 
(c) ALTERNATIVE PROTECTION.—As an alternative to the protec-
tive housing requirements in subsection (a) of this section, the 
tank car may be equipped with a system that prevents the release 
of product from any top fitting in the case of an incident where 
any top fitting would be sheared off. 
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129 STAT. 1599 
PUBLIC LAW 114–94—DEC. 4, 2015 
(d) IMPLEMENTATION.—Nothing in this section shall be con-
strued to require the Secretary to issue regulations to implement 
this section. 
(e) SAVINGS CLAUSE.—Nothing in this section shall prohibit 
the Secretary from approving new technologies, methods or require-
ments that provide a level of safety equivalent to or greater than 
the level of safety provided for in this section. 
SEC. 7307. RULEMAKING ON OIL SPILL RESPONSE PLANS. 
The Secretary shall, not later than 30 days after the date 
of enactment of this Act and every 90 days thereafter until a 
final rule based on the advanced notice of proposed rulemaking 
issued on August 1, 2014, entitled ‘‘Hazardous Materials: Oil Spill 
Response Plans for High-Hazard Flammable Trains’’ (79 Fed. Reg. 
45079) is promulgated, notify the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
in writing of— 
(1) the status of such rulemaking; 
(2) any reasons why such final rule has not been imple-
mented; 
(3) a plan for completing such final rule as soon as prac-
ticable; and 
(4) the estimated date of completion of such final rule. 
SEC. 7308. MODIFICATION REPORTING. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall implement a reporting require-
ment to monitor industry-wide progress toward modifying rail tank 
cars used to transport Class 3 flammable liquids by the applicable 
deadlines established in section 7304. 
(b) TANK CAR DATA.—The Secretary shall collect data from 
shippers and rail tank car owners on— 
(1) the total number of tank cars modified to meet the 
DOT–117R specification, or equivalent, specifying— 
(A) the type or specification of each tank car before 
it was modified, including non-jacketed DOT–111, jacketed 
DOT–111, non-jacketed DOT–111 meeting the CPC–1232 
standard, or jacketed DOT–111 meeting the CPC–1232 
standard; and 
(B) the identification number of each Class 3 flammable 
liquid carried by each tank car in the past year; 
(2) the total number of tank cars built to meet the DOT– 
117 specification, or equivalent; and 
(3) the total number of tank cars used or likely to be 
used to transport Class 3 flammable liquids that have not 
been modified, specifying— 
(A) the type or specification of each tank car not modi-
fied, including the non-jacketed DOT–111, jacketed DOT– 
111, non-jacketed DOT–111 meeting the CPC–1232 
standard, or jacketed DOT–111 meeting the CPC–1232 
standard; and 
(B) the identification number of each Class 3 flammable 
liquid carried by each tank car in the past year. 
(c) TANK CAR SHOP DATA.—The Secretary shall conduct a 
survey of tank car facilities modifying tank cars to the DOT– 
117R specification, or equivalent, or building new tank cars to 
the DOT–117 specification, or equivalent, to generate statistically- 
49 USC 20155 
note. 
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129 STAT. 1600 
PUBLIC LAW 114–94—DEC. 4, 2015 
valid estimates of the anticipated number of tank cars those facili-
ties expect to modify to DOT–117R specification, or equivalent, 
or build to the DOT–117 specification, or equivalent. 
(d) FREQUENCY.—The Secretary shall collect the data under 
subsection (b) and conduct the survey under subsection (c) annually 
until May 1, 2029. 
(e) INFORMATION PROTECTIONS.— 
(1) IN GENERAL.—The Secretary shall only report data in 
industry-wide totals and shall treat company-specific informa-
tion as confidential business information. 
(2) LEVEL
OF
CONFIDENTIALITY.—The Secretary shall 
ensure the data collected under subsection (b) and the survey 
data under subsection (c) have the same level of confidentiality 
as required by the Confidential Information Protection and 
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as 
administered by the Bureau of Transportation Statistics. 
(3) DESIGNEE.—The Secretary may— 
(A) designate the Director of the Bureau of Transpor-
tation Statistics to collect data under subsection (b) and 
the survey data under subsection (c); and 
(B) direct the Director to ensure the confidentially 
of company-specific information to the maximum extent 
permitted by law. 
(f) REPORT.—Each year, not later than 60 days after the date 
that both the collection of the data under subsection (b) and the 
survey under subsection (c) are complete, the Secretary shall submit 
a written report on the aggregate results, without company-specific 
information, to— 
(1) the Committee on Commerce, Science, and Transpor-
tation of the Senate; and 
(2) the Committee on Transportation and Infrastructure 
of the House of Representatives. 
(g) DEFINITION OF CLASS 3 FLAMMABLE LIQUID.—In this section, 
the term ‘‘Class 3 flammable liquid’’ has the meaning given the 
term flammable liquid in section 173.120 of title 49, Code of Federal 
Regulations. 
SEC. 7309. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH 
STUDY. 
Not later than 180 days after the research completion of the 
comprehensive Crude Oil Characteristics Research Sampling, Anal-
ysis, and Experiment Plan study at Sandia National Laboratories, 
the Secretary of Energy, in cooperation with the Secretary of 
Transportation, shall submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate, the Committee 
on Energy and Natural Resources of the Senate, the Committee 
on Transportation and Infrastructure of the House of Representa-
tives, and the Committee on Energy and Commerce of the House 
of Representatives that contains— 
(1) the results of the comprehensive Crude Oil Characteris-
tics Research Sampling, Analysis, and Experiment Plan study; 
and 
(2) recommendations, based on the findings of the study, 
for— 
(A) regulations by the Secretary of Transportation or 
the Secretary of Energy to improve the safe transport of 
crude oil; and 
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129 STAT. 1601 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) legislation to improve the safe transport of crude 
oil. 
SEC. 7310. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY. 
(a) IN GENERAL.—Not later than 120 days after the date of 
enactment of this Act, the Secretary shall initiate a study on the 
levels and structure of insurance for railroad carriers transporting 
hazardous materials. 
(b) CONTENTS.—ln conducting the study under subsection (a), 
the Secretary shall evaluate— 
(1) the level and structure of insurance, including self- 
insurance, available in the private market against the full 
liability potential for damages arising from an accident or 
incident involving a train transporting hazardous materials; 
(2) the level and structure of insurance that would be 
necessary and appropriate— 
(A) to efficiently allocate risk and financial responsi-
bility for claims; and 
(B) to ensure that a railroad carrier transporting haz-
ardous materials can continue to operate despite the risk 
of an accident or incident; and 
(3) the potential applicability, for a train transporting haz-
ardous 
materials, 
of 
an 
alternative 
insurance 
model, 
including— 
(A) a secondary liability coverage pool or pools to 
supplement commercial insurance; and 
(B) other models administered by the Federal Govern-
ment. 
(c) REPORT.—Not later than 1 year after the date the study 
under subsection (a) is initiated, the Secretary shall submit a report 
containing the results of the study and recommendations for 
addressing liability issues with rail transportation of hazardous 
materials to— 
(1) the Committee on Commerce, Science, and Transpor-
tation of the Senate; and 
(2) the Committee on Transportation and Infrastructure 
of the House of Representatives. 
(d) DEFINITIONS.—ln this section: 
(1) HAZARDOUS MATERIAL.—The term ‘‘hazardous material’’ 
means a substance or material the Secretary designates as 
hazardous under section 5103 of title 49, United States Code. 
(2) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 
the meaning given the term in section 20102 of title 49, United 
States Code. 
SEC. 7311. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED 
PNEUMATIC BRAKES. 
(a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 
(1) IN GENERAL.—The Comptroller General of the United 
States shall conduct an independent evaluation of ECP brake 
systems, pilot program data, and the Department’s research 
and analysis on the costs, benefits, and effects of ECP brake 
systems. 
(2) STUDY
ELEMENTS.—In completing the independent 
evaluation under paragraph (1), the Comptroller General shall 
examine the following issues related to ECP brake systems: 
49 USC 20141 
note. 
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129 STAT. 1602 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) Data and modeling results on safety benefits rel-
ative to conventional brakes and to other braking tech-
nologies or systems, such as distributed power and 2-way 
end-of-train devices. 
(B) Data and modeling results on business benefits, 
including the effects of dynamic braking. 
(C) Data on costs, including up-front capital costs and 
on-going maintenance costs. 
(D) Analysis of potential operational benefits and chal-
lenges, including the effects of potential locomotive and 
car segregation, technical reliability issues, and network 
disruptions. 
(E) Analysis of potential implementation challenges, 
including installation time, positive train control integra-
tion complexities, component availability issues, and tank 
car shop capabilities. 
(F) Analysis of international experiences with the use 
of advanced braking technologies. 
(3) REPORT.—Not later than 18 months after the date of 
enactment of this Act, the Comptroller General shall transmit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the independent evaluation under paragraph (1). 
(b) EMERGENCY BRAKING APPLICATION TESTING.— 
(1) IN GENERAL.—The Secretary shall enter into an agree-
ment with the National Academy of Sciences to— 
(A) complete testing of ECP brake systems during 
emergency braking application, including more than 1 sce-
nario involving the uncoupling of a train with 70 or more 
DOT–117 specification or DOT–117R specification tank 
cars; and 
(B) transmit, not later than 18 months after the date 
of enactment of this Act, to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the testing. 
(2) INDEPENDENT
EXPERTS.—In completing the testing 
under paragraph (1)(A), the National Academy of Sciences may 
contract with 1 or more engineering or rail experts, as appro-
priate, that— 
(A) are not railroad carriers, entities funded by such 
carriers, or entities directly impacted by the final rule 
issued on May 8, 2015, entitled ‘‘Enhanced Tank Car Stand-
ards and Operational Controls for High-Hazard Flammable 
Trains’’ (80 Fed. Reg. 26643); and 
(B) have relevant experience in conducting railroad 
safety technology tests or similar crash tests. 
(3) TESTING FRAMEWORK.—In completing the testing under 
paragraph (1), the National Academy of Sciences and each 
contractor described in paragraph (2) shall ensure that the 
testing objectively, accurately, and reliably measures the 
performance of ECP brake systems relative to other braking 
technologies or systems, such as distributed power and 2-way 
end-of-train devices, including differences in— 
(A) the number of cars derailed; 
(B) the number of cars punctured; 
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129 STAT. 1603 
PUBLIC LAW 114–94—DEC. 4, 2015 
(C) the measures of in-train forces; and 
(D) the stopping distance. 
(4) FUNDING.—The Secretary shall provide funding, as part 
of the agreement under paragraph (1), to the National Academy 
of Sciences for the testing required under this section— 
(A) using sums made available to carry out sections 
20108 and 5118 of title 49, United States Code; and 
(B) to the extent funding under subparagraph (A) is 
insufficient or unavailable to fund the testing required 
under this section, using such sums as are necessary from 
the amounts appropriated to the Secretary, the Federal 
Railroad Administration, or the Pipeline and Hazardous 
Materials Safety Administration, or a combination thereof. 
(5) EQUIPMENT.— 
(A) RECEIPT.—The National Academy of Sciences and 
each contractor described in paragraph (2) may receive 
or use rolling stock, track, and other equipment or infra-
structure from a railroad carrier or other private entity 
for the purposes of conducting the testing required under 
this section. 
(B) CONTRACTED
USE.—Notwithstanding paragraph 
(2)(A), to facilitate testing, the National Academy of 
Sciences and each contractor may contract with a railroad 
carrier or any other private entity for the use of such 
carrier or entity’s rolling stock, track, or other equipment 
and receive technical assistance on their use. 
(c) EVIDENCE-BASED APPROACH.— 
(1) ANALYSIS.—The Secretary shall— 
(A) not later than 90 days after the report date, fully 
incorporate the results of the evaluation under subsection 
(a) and the testing under subsection (b) and update the 
regulatory impact analysis of the final rule described in 
subsection (b)(2)(A) of the costs, benefits, and effects of 
the applicable ECP brake system requirements; 
(B) as soon as practicable after completion of the 
updated analysis under subparagraph (A), solicit public 
comment in the Federal Register on the analysis for a 
period of not more than 30 days; and 
(C) not later than 60 days after the end of the public 
comment period under subparagraph (B), post the final 
updated regulatory impact analysis on the Department of 
Transportation’s Internet Web site. 
(2) DETERMINATION.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall— 
(A) determine, based on whether the final regulatory 
impact analysis described in paragraph (1)(C) demonstrates 
that the benefits, including safety benefits, of the applicable 
ECP brake system requirements exceed the costs of such 
requirements, whether the applicable ECP brake system 
requirements are justified; 
(B) if the applicable ECP brake system requirements 
are justified, publish in the Federal Register the determina-
tion and reasons for such determination; and 
(C) if the Secretary does not publish the determination 
under subparagraph (B), repeal the applicable ECP brake 
system requirements. 
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129 STAT. 1604 
PUBLIC LAW 114–94—DEC. 4, 2015 
(3) SAVINGS CLAUSE.—Nothing in this section shall be con-
strued to prohibit the Secretary from implementing the final 
rule described under subsection (b)(2)(A) prior to the determina-
tion required under subsection (c)(2) of this section, or require 
the Secretary to promulgate a new rule on the provisions of 
such final rule, other than on the applicable ECP brake system 
requirements, if the Secretary does not determine that the 
applicable ECP brake system requirements are justified pursu-
ant to this subsection. 
(d) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) APPLICABLE ECP BRAKE SYSTEM REQUIREMENTS.—The 
term ‘‘applicable ECP brake system requirements’’ means sec-
tions 
174.310(a)(3)(ii), 
174.310(a)(3)(iii), 
174.310(a)(5)(v), 
179.202–10, 179.202–12(g), and 179.202–13(i) of title 49, Code 
of Federal Regulations, and any other regulation in effect on 
the date of enactment of this Act requiring the installation 
of ECP brakes or operation in ECP brake mode. 
(2) CLASS 3 FLAMMABLE LIQUID.—The term ‘‘Class 3 flam-
mable liquid’’ has the meaning given the term flammable liquid 
in section 173.120(a) of title 49, Code of Federal Regulations. 
(3) ECP.—The term ‘‘ECP’’ means electronically controlled 
pneumatic when applied to a brake or brakes. 
(4) ECP BRAKE
MODE.—The term ‘‘ECP brake mode’’ 
includes any operation of a rail car or an entire train using 
an ECP brake system. 
(5) ECP BRAKE SYSTEM.— 
(A) IN GENERAL.—The term ‘‘ECP brake system’’ means 
a train power braking system actuated by compressed air 
and controlled by electronic signals from the locomotive 
or an ECP–EOT to the cars in the consist for service 
and emergency applications in which the brake pipe is 
used to provide a constant supply of compressed air to 
the reservoirs on each car but does not convey braking 
signals to the car. 
(B) INCLUSIONS.—The term ‘‘ECP brake system’’ 
includes dual mode and stand-alone ECP brake systems. 
(6) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 
the meaning given the term in section 20102 of title 49, United 
States Code. 
(7) REPORT DATE.—The term ‘‘report date’’ means the date 
that the reports under subsections (a)(3) and (b)(1)(B) are 
required to be transmitted pursuant to those subsections. 
TITLE VIII—MULTIMODAL FREIGHT 
TRANSPORTATION 
SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION. 
(a) IN GENERAL.—Subtitle IX of title 49, United States Code, 
is amended to read as follows: 
49 USC 
prec. 70101. 
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129 STAT. 1605 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘Subtitle IX—Multimodal Freight 
Transportation 
‘‘Chapter
Sec. 
‘‘701. Multimodal freight policy ............................................................................ 70101 
‘‘702. Multimodal freight transportation planning and information ................. 70201 
‘‘CHAPTER 701—MULTIMODAL FREIGHT POLICY 
‘‘Sec. 
‘‘70101. National multimodal freight policy. 
‘‘70102. National freight strategic plan. 
‘‘70103. National Multimodal Freight Network. 
‘‘§ 70101. National multimodal freight policy 
‘‘(a) IN GENERAL.—It is the policy of the United States to 
maintain and improve the condition and performance of the 
National Multimodal Freight Network established under section 
70103 to ensure that the Network provides a foundation for the 
United States to compete in the global economy and achieve the 
goals described in subsection (b). 
‘‘(b) GOALS.—The goals of the national multimodal freight policy 
are— 
‘‘(1) to identify infrastructure improvements, policies, and 
operational innovations that— 
‘‘(A) strengthen the contribution of the National 
Multimodal Freight Network to the economic competitive-
ness of the United States; 
‘‘(B) reduce congestion and eliminate bottlenecks on 
the National Multimodal Freight Network; and 
‘‘(C) increase productivity, particularly for domestic 
industries and businesses that create high-value jobs; 
‘‘(2) to improve the safety, security, efficiency, and resiliency 
of multimodal freight transportation; 
‘‘(3) to achieve and maintain a state of good repair on 
the National Multimodal Freight Network; 
‘‘(4) to use innovation and advanced technology to improve 
the safety, efficiency, and reliability of the National Multimodal 
Freight Network; 
‘‘(5) to improve the economic efficiency and productivity 
of the National Multimodal Freight Network; 
‘‘(6) to improve the reliability of freight transportation; 
‘‘(7) to improve the short- and long-distance movement 
of goods that— 
‘‘(A) travel across rural areas between population cen-
ters; 
‘‘(B) travel between rural areas and population centers; 
and 
‘‘(C) travel from the Nation’s ports, airports, and gate-
ways to the National Multimodal Freight Network; 
‘‘(8) to improve the flexibility of States to support multi- 
State corridor planning and the creation of multi-State 
organizations to increase the ability of States to address 
multimodal freight connectivity; 
‘‘(9) to reduce the adverse environmental impacts of freight 
movement on the National Multimodal Freight Network; and 
49 USC 70101. 
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129 STAT. 1606 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(10) to pursue the goals described in this subsection in 
a manner that is not burdensome to State and local govern-
ments. 
‘‘(c) IMPLEMENTATION.—The Under Secretary of Transportation 
for Policy, who shall be responsible for the oversight and 
implementation of the national multimodal freight policy, shall— 
‘‘(1) carry out sections 70102 and 70103; 
‘‘(2) assist with the coordination of modal freight planning; 
and 
‘‘(3) identify interagency data sharing opportunities to pro-
mote freight planning and coordination. 
‘‘§ 70102. National freight strategic plan 
‘‘(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this section, the Under Secretary of Transportation 
for Policy shall— 
‘‘(1) develop a national freight strategic plan in accordance 
with this section; and 
‘‘(2) publish the plan on the public Internet Web site of 
the Department of Transportation. 
‘‘(b) CONTENTS.—The national freight strategic plan shall 
include— 
‘‘(1) an assessment of the condition and performance of 
the National Multimodal Freight Network established under 
section 70103; 
‘‘(2) forecasts of freight volumes for the succeeding 5-, 10- 
, and 20-year periods; 
‘‘(3) an identification of major trade gateways and national 
freight corridors that connect major population centers, trade 
gateways, and other major freight generators; 
‘‘(4) an identification of bottlenecks on the National 
Multimodal Freight Network that create significant freight 
congestion, based on a quantitative methodology developed by 
the Under Secretary, which shall include, at a minimum— 
‘‘(A) information from the Freight Analysis Framework 
of the Federal Highway Administration; and 
‘‘(B) to the maximum extent practicable, an estimate 
of the cost of addressing each bottleneck and any oper-
ational improvements that could be implemented; 
‘‘(5) an assessment of statutory, regulatory, technological, 
institutional, financial, and other barriers to improved freight 
transportation performance, and a description of opportunities 
for overcoming the barriers; 
‘‘(6) a process for addressing multistate projects and encour-
aging jurisdictions to collaborate; 
‘‘(7) strategies to improve freight intermodal connectivity; 
‘‘(8) an identification of corridors providing access to energy 
exploration, development, installation, or production areas; 
‘‘(9) an identification of corridors providing access to major 
areas for manufacturing, agriculture, or natural resources; 
‘‘(10) an identification of best practices for improving the 
performance of the National Multimodal Freight Network, 
including critical commerce corridors and rural and urban 
access to critical freight corridors; and 
‘‘(11) an identification of best practices to mitigate the 
impacts of freight movement on communities. 
49 USC 70102. 
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129 STAT. 1607 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(c) UPDATES.—Not later than 5 years after the date of comple-
tion of the national freight strategic plan under subsection (a), 
and every 5 years thereafter, the Under Secretary shall update 
the plan and publish the updated plan on the public Internet 
Web site of the Department of Transportation. 
‘‘(d) CONSULTATION.—The Under Secretary shall develop and 
update the national freight strategic plan— 
‘‘(1) after providing notice and an opportunity for public 
comment; and 
‘‘(2) in consultation with State departments of transpor-
tation, metropolitan planning organizations, and other appro-
priate public and private transportation stakeholders. 
‘‘§ 70103. National Multimodal Freight Network 
‘‘(a) IN GENERAL.—The Under Secretary of Transportation for 
Policy shall establish a National Multimodal Freight Network in 
accordance with this section— 
‘‘(1) to assist States in strategically directing resources 
toward improved system performance for the efficient move-
ment of freight on the Network; 
‘‘(2) to inform freight transportation planning; 
‘‘(3) to assist in the prioritization of Federal investment; 
and 
‘‘(4) to assess and support Federal investments to achieve 
the national multimodal freight policy goals described in section 
70101(b) of this title and the national highway freight program 
goals described in section 167 of title 23. 
‘‘(b) INTERIM NETWORK.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this section, the Under Secretary shall establish 
an interim National Multimodal Freight Network in accordance 
with this subsection. 
‘‘(2) 
NETWORK
COMPONENTS.—The 
interim 
National 
Multimodal Freight Network shall include— 
‘‘(A) the National Highway Freight Network, as estab-
lished under section 167 of title 23; 
‘‘(B) the freight rail systems of Class I railroads, as 
designated by the Surface Transportation Board; 
‘‘(C) the public ports of the United States that have 
total annual foreign and domestic trade of at least 
2,000,000 short tons, as identified by the Waterborne Com-
merce Statistics Center of the Army Corps of Engineers, 
using the data from the latest year for which such data 
is available; 
‘‘(D) the inland and intracoastal waterways of the 
United States, as described in section 206 of the Inland 
Waterways Revenue Act of 1978 (33 U.S.C. 1804); 
‘‘(E) the Great Lakes, the St. Lawrence Seaway, and 
coastal and ocean routes along which domestic freight is 
transported; 
‘‘(F) the 50 airports located in the United States with 
the highest annual landed weight, as identified by the 
Federal Aviation Administration; and 
‘‘(G) other strategic freight assets, including strategic 
intermodal facilities and freight rail lines of Class II and 
Class III railroads, designated by the Under Secretary 
as critical to interstate commerce. 
49 USC 70103. 
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129 STAT. 1608 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(c) FINAL NETWORK.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this section, the Under Secretary, after solic-
iting input from stakeholders, including multimodal freight 
system users, transportation providers, metropolitan planning 
organizations, local governments, ports, airports, railroads, and 
States, through a public process to identify critical freight facili-
ties and corridors, including critical commerce corridors, that 
are vital to achieve the national multimodal freight policy goals 
described in section 70101(b) of this title and the national 
highway freight program goals described in section 167 of title 
23, and after providing notice and an opportunity for comment 
on a draft system, shall designate a National Multimodal 
Freight Network with the goal of— 
‘‘(A) improving network and intermodal connectivity; 
and 
‘‘(B) using measurable data as part of the assessment 
of the significance of freight movement, including the 
consideration of points of origin, destinations, and linking 
components of domestic and international supply chains. 
‘‘(2) 
FACTORS.—In 
designating 
or 
redesignating 
the 
National Multimodal Freight Network, the Under Secretary 
shall consider— 
‘‘(A) origins and destinations of freight movement 
within, to, and from the United States; 
‘‘(B) volume, value, tonnage, and the strategic impor-
tance of freight; 
‘‘(C) access to border crossings, airports, seaports, and 
pipelines; 
‘‘(D) economic factors, including balance of trade; 
‘‘(E) access to major areas for manufacturing, agri-
culture, or natural resources; 
‘‘(F) 
access 
to 
energy 
exploration, 
development, 
installation, and production areas; 
‘‘(G) intermodal links and intersections that promote 
connectivity; 
‘‘(H) freight choke points and other impediments 
contributing to significant measurable congestion, delay 
in freight movement, or inefficient modal connections; 
‘‘(I) impacts on all freight transportation modes and 
modes that share significant freight infrastructure; 
‘‘(J) facilities and transportation corridors identified 
by a multi-State coalition, a State, a State freight advisory 
committee, or a metropolitan planning organization, using 
national or local data, as having critical freight importance 
to the region; 
‘‘(K) major distribution centers, inland intermodal 
facilities, and first- and last-mile facilities; and 
‘‘(L) the significance of goods movement, including 
consideration of global and domestic supply chains. 
‘‘(3) CONSIDERATIONS.—In designating or redesignating the 
National Multimodal Freight Network, the Under Secretary 
shall— 
‘‘(A) use, to the extent practicable, measurable data 
to assess the significance of goods movement, including 
the consideration of points of origin, destinations, and 
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129 STAT. 1609 
PUBLIC LAW 114–94—DEC. 4, 2015 
linking components of the United States global and 
domestic supply chains; 
‘‘(B) consider— 
‘‘(i) the factors described in paragraph (2); and 
‘‘(ii) any changes in the economy that affect freight 
transportation network demand; and 
‘‘(C) provide the States with an opportunity to submit 
proposed designations in accordance with paragraph (4). 
‘‘(4) STATE INPUT.— 
‘‘(A) IN GENERAL.—Each State that proposes additional 
designations for the National Multimodal Freight Network 
shall— 
‘‘(i) consider nominations for additional designa-
tions from metropolitan planning organizations and 
State freight advisory committees, as applicable, within 
the State; 
‘‘(ii) consider nominations for additional designa-
tions from owners and operators of port, rail, pipeline, 
and airport facilities; and 
‘‘(iii) ensure that additional designations are con-
sistent with the State transportation improvement pro-
gram or freight plan. 
‘‘(B) CRITICAL
RURAL
FREIGHT
FACILITIES
AND
COR-
RIDORS.—As part of the designations under subparagraph 
(A), a State may designate a freight facility or corridor 
within the borders of the State as a critical rural freight 
facility or corridor if the facility or corridor— 
‘‘(i) is a rural principal arterial; 
‘‘(ii) provides access or service to energy explo-
ration, development, installation, or production areas; 
‘‘(iii) provides access or service to— 
‘‘(I) a grain elevator; 
‘‘(II) an agricultural facility; 
‘‘(III) a mining facility; 
‘‘(IV) a forestry facility; or 
‘‘(V) an intermodal facility; 
‘‘(iv) connects to an international port of entry; 
‘‘(v) provides access to a significant air, rail, water, 
or other freight facility in the State; or 
‘‘(vi) has been determined by the State to be vital 
to improving the efficient movement of freight of impor-
tance to the economy of the State. 
‘‘(C) LIMITATION.— 
‘‘(i) IN GENERAL.—A State may propose additional 
designations to the National Multimodal Freight Net-
work in the State in an amount that is not more 
than 20 percent of the total mileage designated by 
the Under Secretary in the State. 
‘‘(ii) DETERMINATION BY UNDER SECRETARY.—The 
Under Secretary shall determine how to apply the 
limitation under clause (i) to the components of the 
National Multimodal Freight Network. 
‘‘(D) SUBMISSION AND CERTIFICATION.—A State shall 
submit to the Under Secretary— 
‘‘(i) a list of any additional designations proposed 
to be added under this paragraph; and 
‘‘(ii) a certification that— 
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129 STAT. 1610 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(I) the State has satisfied the requirements 
of subparagraph (A); and 
‘‘(II) the designations referred to in clause (i) 
address the factors for designation described in 
this subsection. 
‘‘(d) REDESIGNATION OF NATIONAL MULTIMODAL FREIGHT NET-
WORK.—Not later than 5 years after the initial designation under 
subsection (c), and every 5 years thereafter, the Under Secretary, 
using the designation factors described in subsection (c), shall 
redesignate the National Multimodal Freight Network. 
‘‘CHAPTER 702—MULTIMODAL FREIGHT 
TRANSPORTATION PLANNING AND INFORMATION 
‘‘Sec. 
‘‘70201. State freight advisory committees. 
‘‘70202. State freight plans. 
‘‘70203. Transportation investment data and planning tools. 
‘‘70204. Savings provision. 
‘‘§ 70201. State freight advisory committees 
‘‘(a) IN
GENERAL.—The Secretary of Transportation shall 
encourage each State to establish a freight advisory committee 
consisting of a representative cross-section of public and private 
sector freight stakeholders, including representatives of ports, 
freight railroads, shippers, carriers, freight-related associations, 
third-party logistics providers, the freight industry workforce, the 
transportation department of the State, and local governments. 
‘‘(b) ROLE
OF COMMITTEE.—A freight advisory committee of 
a State described in subsection (a) shall— 
‘‘(1) advise the State on freight-related priorities, issues, 
projects, and funding needs; 
‘‘(2) serve as a forum for discussion for State transportation 
decisions affecting freight mobility; 
‘‘(3) communicate and coordinate regional priorities with 
other organizations; 
‘‘(4) promote the sharing of information between the private 
and public sectors on freight issues; and 
‘‘(5) participate in the development of the freight plan of 
the State described in section 70202. 
‘‘§ 70202. State freight plans 
‘‘(a) IN GENERAL.—Each State that receives funding under sec-
tion 167 of title 23 shall develop a freight plan that provides 
a comprehensive plan for the immediate and long-range planning 
activities and investments of the State with respect to freight. 
‘‘(b) PLAN CONTENTS.—A State freight plan described in sub-
section (a) shall include, at a minimum— 
‘‘(1) an identification of significant freight system trends, 
needs, and issues with respect to the State; 
‘‘(2) a description of the freight policies, strategies, and 
performance measures that will guide the freight-related 
transportation investment decisions of the State; 
‘‘(3) when applicable, a listing of— 
‘‘(A) multimodal critical rural freight facilities and cor-
ridors designated within the State under section 70103 
of this title; and 
49 USC 70202. 
49 USC 70201. 
49 USC 
prec. 70201. 
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129 STAT. 1611 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) critical rural and urban freight corridors des-
ignated within the State under section 167 of title 23; 
‘‘(4) a description of how the plan will improve the ability 
of the State to meet the national multimodal freight policy 
goals described in section 70101(b) of this title and the national 
highway freight program goals described in section 167 of title 
23; 
‘‘(5) a description of how innovative technologies and oper-
ational strategies, including freight intelligent transportation 
systems, that improve the safety and efficiency of freight move-
ment, were considered; 
‘‘(6) in the case of roadways on which travel by heavy 
vehicles (including mining, agricultural, energy cargo or equip-
ment, and timber vehicles) is projected to substantially deterio-
rate the condition of the roadways, a description of improve-
ments that may be required to reduce or impede the deteriora-
tion; 
‘‘(7) an inventory of facilities with freight mobility issues, 
such as bottlenecks, within the State, and for those facilities 
that are State owned or operated, a description of the strategies 
the State is employing to address the freight mobility issues; 
‘‘(8) consideration of any significant congestion or delay 
caused by freight movements and any strategies to mitigate 
that congestion or delay; 
‘‘(9) a freight investment plan that, subject to subsection 
(c)(2), includes a list of priority projects and describes how 
funds made available to carry out section 167 of title 23 would 
be invested and matched; and 
‘‘(10) consultation with the State freight advisory com-
mittee, if applicable. 
‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— 
‘‘(1) INCORPORATION.—A State freight plan described in 
subsection (a) may be developed separately from or incorporated 
into the statewide strategic long-range transportation plan 
required by section 135 of title 23. 
‘‘(2) FISCAL
CONSTRAINT.—The freight investment plan 
component of a freight plan shall include a project, or an 
identified phase of a project, only if funding for completion 
of the project can reasonably be anticipated to be available 
for the project within the time period identified in the freight 
investment plan. 
‘‘(d) PLANNING PERIOD.—A State freight plan described in sub-
section (a) shall address a 5-year forecast period. 
‘‘(e) UPDATES.— 
‘‘(1) IN GENERAL.—A State shall update a State freight 
plan described in subsection (a) not less frequently than once 
every 5 years. 
‘‘(2) FREIGHT INVESTMENT PLAN.—A State may update a 
freight investment plan described in subsection (b)(9) more 
frequently than is required under paragraph (1). 
‘‘§ 70203. Transportation investment data and planning tools 
‘‘(a) IN GENERAL.—Not later than 1 year after the date of 
enactment of this section, the Secretary of Transportation shall— 
‘‘(1) begin development of new tools and improvement of 
existing tools to support an outcome-oriented, performance- 
49 USC 70203. 
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129 STAT. 1612 
PUBLIC LAW 114–94—DEC. 4, 2015 
based approach to evaluate proposed freight-related and other 
transportation projects, including— 
‘‘(A) methodologies for systematic analysis of benefits 
and costs on a national or regional basis; 
‘‘(B) tools for ensuring that the evaluation of freight- 
related and other transportation projects could consider 
safety, economic competitiveness, urban and rural access, 
environmental sustainability, and system condition in the 
project selection process; 
‘‘(C) improved methods for data collection and trend 
analysis; 
‘‘(D) encouragement of public-private collaboration to 
carry out data sharing activities while maintaining the 
confidentiality of all proprietary data; and 
‘‘(E) other tools to assist in effective transportation 
planning; 
‘‘(2) identify transportation-related model data elements 
to support a broad range of evaluation methods and techniques 
to assist in making transportation investment decisions; and 
‘‘(3) at a minimum, in consultation with other relevant 
Federal agencies, consider any improvements to existing freight 
flow data collection efforts that could reduce identified freight 
data gaps and deficiencies and help improve forecasts of freight 
transportation demand. 
‘‘(b) CONSULTATION.—The Secretary shall consult with Federal, 
State, and other stakeholders to develop, improve, and implement 
the tools and collect the data described in subsection (a). 
‘‘§ 70204. Savings provision 
‘‘Nothing in this subtitle provides additional authority to regu-
late or direct private activity on freight networks designated under 
this subtitle.’’. 
(b) CLERICAL AMENDMENT.—The analysis of subtitles for title 
49, United States Code, is amended by striking the item relating 
to subtitle IX and inserting the following: 
‘‘IX. Multimodal Freight Transportation .....................................................
70101’’. 
TITLE IX—NATIONAL SURFACE TRANS-
PORTATION 
AND 
INNOVATIVE 
FI-
NANCE BUREAU 
SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 
FINANCE BUREAU. 
(a) IN GENERAL.—Chapter 1 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘§ 116. National Surface Transportation and Innovative 
Finance Bureau 
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall 
establish a National Surface Transportation and Innovative Finance 
Bureau in the Department. 
‘‘(b) PURPOSES.—The purposes of the Bureau shall be— 
‘‘(1) to provide assistance and communicate best practices 
and financing and funding opportunities to eligible entities 
for the programs referred to in subsection (d)(1); 
49 USC 116. 
49 USC 
prec. 101. 
49 USC 70204. 
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129 STAT. 1613 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) to administer the application processes for programs 
within the Department in accordance with subsection (d); 
‘‘(3) to promote innovative financing best practices in 
accordance with subsection (e); 
‘‘(4) to reduce uncertainty and delays with respect to 
environmental reviews and permitting in accordance with sub-
section (f); and 
‘‘(5) to reduce costs and risks to taxpayers in project 
delivery and procurement in accordance with subsection (g). 
‘‘(c) EXECUTIVE DIRECTOR.— 
‘‘(1) APPOINTMENT.—The Bureau shall be headed by an 
Executive Director, who shall be appointed in the competitive 
service by the Secretary, with the approval of the President. 
‘‘(2) DUTIES.—The Executive Director shall— 
‘‘(A) report to the Under Secretary of Transportation 
for Policy; 
‘‘(B) be responsible for the management and oversight 
of the daily activities, decisions, operations, and personnel 
of the Bureau; 
‘‘(C) support the Council on Credit and Finance estab-
lished under section 117 in accordance with this section; 
and 
‘‘(D) carry out such additional duties as the Secretary 
may prescribe. 
‘‘(d) ADMINISTRATION OF CERTAIN APPLICATION PROCESSES.— 
‘‘(1) IN GENERAL.—The Bureau shall administer the applica-
tion processes for the following programs: 
‘‘(A) The infrastructure finance programs authorized 
under chapter 6 of title 23. 
‘‘(B) The railroad rehabilitation and improvement 
financing program authorized under sections 501 through 
503 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 821–823). 
‘‘(C) Amount allocations authorized under section 
142(m) of the Internal Revenue Code of 1986. 
‘‘(D) The nationally significant freight and highway 
projects program under section 117 of title 23. 
‘‘(2) 
CONGRESSIONAL
NOTIFICATION.—The 
Executive 
Director shall ensure that the congressional notification 
requirements for each program referred to in paragraph (1) 
are followed in accordance with the statutory provisions 
applicable to the program. 
‘‘(3) REPORTS.—The Executive Director shall ensure that 
the reporting requirements for each program referred to in 
paragraph (1) are followed in accordance with the statutory 
provisions applicable to the program. 
‘‘(4) COORDINATION.—In administering the application proc-
esses for the programs referred to in paragraph (1), the Execu-
tive Director shall coordinate with appropriate officials in the 
Department and its modal administrations responsible for 
administering such programs. 
‘‘(5) STREAMLINING APPROVAL PROCESSES.—Not later than 
1 year after the date of enactment of this section, the Executive 
Director shall submit to the Committee on Transportation and 
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129 STAT. 1614 
PUBLIC LAW 114–94—DEC. 4, 2015 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation, the Com-
mittee on Banking, Housing, and Urban Affairs, and the Com-
mittee on Environment and Public Works of the Senate a 
report that— 
‘‘(A) evaluates the application processes for the pro-
grams referred to in paragraph (1); 
‘‘(B) identifies administrative and legislative actions 
that would improve the efficiency of the application proc-
esses without diminishing Federal oversight; and 
‘‘(C) describes how the Executive Director will imple-
ment administrative actions identified under subparagraph 
(B) that do not require an Act of Congress. 
‘‘(6) PROCEDURES AND TRANSPARENCY.— 
‘‘(A) PROCEDURES.—With respect to the programs 
referred to in paragraph (1), the Executive Director shall— 
‘‘(i) establish procedures for analyzing and evalu-
ating applications and for utilizing the recommenda-
tions of the Council on Credit and Finance; 
‘‘(ii) establish procedures for addressing late- 
arriving applications, as applicable, and commu-
nicating the Bureau’s decisions for accepting or 
rejecting late applications to the applicant and the 
public; and 
‘‘(iii) document major decisions in the application 
evaluation process through a decision memorandum 
or similar mechanism that provides a clear rationale 
for such decisions. 
‘‘(B) REVIEW.— 
‘‘(i) IN GENERAL.—The Comptroller General of the 
United States shall review the compliance of the Execu-
tive Director with the requirements of this paragraph. 
‘‘(ii) RECOMMENDATIONS.—The Comptroller Gen-
eral may make recommendations to the Executive 
Director in order to improve compliance with the 
requirements of this paragraph. 
‘‘(iii) REPORT.—Not later than 3 years after the 
date of enactment of this section, the Comptroller Gen-
eral shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works, 
the Committee on Banking, Housing, and Urban 
Affairs, and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results 
of the review conducted under clause (i), including 
findings and recommendations for improvement. 
‘‘(e) INNOVATIVE FINANCING BEST PRACTICES.— 
‘‘(1) IN GENERAL.—The Bureau shall work with the modal 
administrations within the Department, eligible entities, and 
other public and private interests to develop and promote best 
practices for innovative financing and public-private partner-
ships. 
‘‘(2) ACTIVITIES.—The Bureau shall carry out paragraph 
(1)— 
‘‘(A) by making Federal credit assistance programs 
more accessible to eligible recipients; 
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129 STAT. 1615 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) by providing advice and expertise to eligible enti-
ties that seek to leverage public and private funding; 
‘‘(C) by sharing innovative financing best practices and 
case studies from eligible entities with other eligible enti-
ties that are interested in utilizing innovative financing 
methods; and 
‘‘(D) by developing and monitoring— 
‘‘(i) best practices with respect to standardized 
State public-private partnership authorities and prac-
tices, including best practices related to— 
‘‘(I) accurate and reliable assumptions for ana-
lyzing public-private partnership procurements; 
‘‘(II) procedures for the handling of unsolicited 
bids; 
‘‘(III) policies with respect to noncompete 
clauses; and 
‘‘(IV) other significant terms of public-private 
partnership procurements, as determined appro-
priate by the Bureau; 
‘‘(ii) standard contracts for the most common types 
of public-private partnerships for transportation facili-
ties; and 
‘‘(iii) analytical tools and other techniques to aid 
eligible entities in determining the appropriate project 
delivery model, including a value for money analysis. 
‘‘(3) TRANSPARENCY.—The Bureau shall— 
‘‘(A) ensure the transparency of a project receiving 
credit assistance under a program referred to in subsection 
(d)(1) and procured as a public-private partnership by— 
‘‘(i) requiring the sponsor of the project to undergo 
a value for money analysis or a comparable analysis 
prior to deciding to advance the project as a public- 
private partnership; 
‘‘(ii) requiring the analysis required under subpara-
graph (A), and other key terms of the relevant public- 
private partnership agreement, to be made publicly 
available by the project sponsor at an appropriate time; 
‘‘(iii) not later than 3 years after the date of 
completion of the project, requiring the sponsor of the 
project to conduct a review regarding whether the pri-
vate partner is meeting the terms of the relevant 
public-private partnership agreement; and 
‘‘(iv) providing a publicly available summary of 
the total level of Federal assistance in such project; 
and 
‘‘(B) develop guidance to implement this paragraph 
that takes into consideration variations in State and local 
laws and requirements related to public-private partner-
ships. 
‘‘(4) SUPPORT TO PROJECT SPONSORS.—At the request of 
an eligible entity, the Bureau shall provide technical assistance 
to the eligible entity regarding proposed public-private partner-
ship agreements for transportation facilities, including assist-
ance in performing a value for money analysis or comparable 
analysis. 
‘‘(f) ENVIRONMENTAL REVIEW AND PERMITTING.— 
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129 STAT. 1616 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) IN GENERAL.—The Bureau shall take actions that are 
appropriate and consistent with the Department’s goals and 
policies to improve the delivery timelines for projects carried 
out under the programs referred to in subsection (d)(1). 
‘‘(2) ACTIVITIES.—The Bureau shall carry out paragraph 
(1)— 
‘‘(A) by serving as the Department’s liaison to the 
Council on Environmental Quality; 
‘‘(B) by coordinating efforts to improve the efficiency 
and effectiveness of the environmental review and permit-
ting process; 
‘‘(C) by providing technical assistance and training to 
field and headquarters staff of Federal agencies on policy 
changes and innovative approaches to the delivery of 
projects; and 
‘‘(D) by identifying, developing, and tracking metrics 
for permit reviews and decisions by Federal agencies for 
projects under the National Environmental Policy Act of 
1969. 
‘‘(3) SUPPORT TO PROJECT SPONSORS.—At the request of 
an eligible entity that is carrying out a project under a program 
referred to in subsection (d)(1), the Bureau, in coordination 
with the appropriate modal administrations within the Depart-
ment, shall provide technical assistance with regard to the 
compliance of the project with the requirements of the National 
Environmental Policy Act 1969 and relevant Federal environ-
mental permits. 
‘‘(g) PROJECT PROCUREMENT.— 
‘‘(1) IN GENERAL.—The Bureau shall promote best practices 
in procurement for a project receiving assistance under a pro-
gram referred to in subsection (d)(1) by developing, in coordina-
tion with modal administrations within the Department as 
appropriate, procurement benchmarks in order to ensure 
accountable expenditure of Federal assistance over the life cycle 
of the project. 
‘‘(2) PROCUREMENT BENCHMARKS.—To the maximum extent 
practicable, the procurement benchmarks developed under 
paragraph (1) shall— 
‘‘(A) establish maximum thresholds for acceptable 
project cost increases and delays in project delivery; 
‘‘(B) establish uniform methods for States to measure 
cost and delivery changes over the life cycle of a project; 
and 
‘‘(C) be tailored, as necessary, to various types of project 
procurements, including design-bid-build, design-build, and 
public-private partnerships. 
‘‘(3) DATA COLLECTION.—The Bureau shall— 
‘‘(A) collect information related to procurement bench-
marks developed under paragraph (1), including project 
specific information detailed under paragraph (2); and 
‘‘(B) provide on a publicly accessible Internet Web site 
of the Department a report on the information collected 
under subparagraph (A). 
‘‘(h) 
ELIMINATION
AND
CONSOLIDATION
OF
DUPLICATIVE 
OFFICES.— 
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129 STAT. 1617 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) ELIMINATION OF OFFICES.—The Secretary may elimi-
nate any office within the Department if the Secretary deter-
mines that— 
‘‘(A) the purposes of the office are duplicative of the 
purposes of the Bureau; and 
‘‘(B) the elimination of the office does not adversely 
affect the obligations of the Secretary under any Federal 
law. 
‘‘(2) CONSOLIDATION OF OFFICES AND OFFICE FUNCTIONS.— 
The Secretary may consolidate any office or office function 
within the Department into the Bureau that the Secretary 
determines has duties, responsibilities, resources, or expertise 
that support the purposes of the Bureau. 
‘‘(3) STAFFING AND BUDGETARY RESOURCES.— 
‘‘(A) IN GENERAL.—The Secretary shall ensure that the 
Bureau is adequately staffed and funded. 
‘‘(B) STAFFING.—The Secretary may transfer to the 
Bureau a position within the Department from any office 
that is eliminated or consolidated under this subsection 
if the Secretary determines that the position is necessary 
to carry out the purposes of the Bureau. 
‘‘(C) SAVINGS
PROVISION.—If the Secretary transfers 
a position to the Bureau under subparagraph (B), the Sec-
retary, in coordination with the appropriate modal adminis-
tration, shall ensure that the transfer of the position does 
not adversely affect the obligations of the modal adminis-
tration under any Federal law. 
‘‘(D) BUDGETARY RESOURCES.— 
‘‘(i) TRANSFER
OF
FUNDS
FROM
ELIMINATED
OR 
CONSOLIDATED
OFFICES.—During the 2-year period 
beginning on the date of enactment of this section, 
the Secretary may transfer to the Bureau funds allo-
cated to any office or office function that is eliminated 
or consolidated under this subsection to carry out the 
purposes of the Bureau. 
‘‘(ii) TRANSFER OF FUNDS ALLOCATED TO ADMINIS-
TRATIVE COSTS.—During the 2-year period beginning 
on the date of enactment of this section, the Secretary 
may transfer to the Bureau funds allocated to the 
administrative costs of processing applications for the 
programs referred to in subsection (d)(1). 
‘‘(4) NOTIFICATION.—Not later than 90 days after the date 
of enactment of this section, and every 90 days thereafter, 
the Secretary shall notify the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works, the Committee 
on Banking, Housing, and Urban Affairs, and the Committee 
on Commerce, Science, and Transportation of the Senate of— 
‘‘(A) the offices eliminated under paragraph (1) and 
the rationale for elimination of the offices; 
‘‘(B) the offices and office functions consolidated under 
paragraph (2) and the rationale for consolidation of the 
offices and office functions; 
‘‘(C) the actions taken under paragraph (3) and the 
rationale for taking such actions; and 
‘‘(D) any additional legislative actions that may be 
needed. 
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129 STAT. 1618 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) SAVINGS PROVISIONS.— 
‘‘(1) LAWS AND REGULATIONS.—Nothing in this section may 
be construed to change a law or regulation with respect to 
a program referred to in subsection (d)(1). 
‘‘(2) RESPONSIBILITIES.—Nothing in this section may be con-
strued to abrogate the responsibilities of an agency, operating 
administration, or office within the Department otherwise 
charged by a law or regulation with other aspects of program 
administration, oversight, or project approval or implementa-
tion for the programs and projects subject to this section. 
‘‘(3) APPLICABILITY.—Nothing in this section may be con-
strued to affect any pending application under 1 or more of 
the programs referred to in subsection (d)(1) that was received 
by the Secretary on or before the date of enactment of this 
section. 
‘‘(j) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) BUREAU.—The term ‘Bureau’ means the National Sur-
face Transportation and Innovative Finance Bureau of the 
Department. 
‘‘(2) DEPARTMENT.—The term ‘Department’ means the 
Department of Transportation. 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an 
eligible applicant receiving financial or credit assistance under 
1 or more of the programs referred to in subsection (d)(1). 
‘‘(4) EXECUTIVE DIRECTOR.—The term ‘Executive Director’ 
means the Executive Director of the Bureau. 
‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’ 
means a project involving the participation of more than 1 
modal administration or secretarial office within the Depart-
ment. 
‘‘(6) PROJECT.—The term ‘project’ means a highway project, 
public transportation capital project, freight or passenger rail 
project, or multimodal project.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by adding at the end the following: 
‘‘116. National Surface Transportation and Innovative Finance Bureau.’’. 
SEC. 9002. COUNCIL ON CREDIT AND FINANCE. 
(a) IN GENERAL.—Chapter 1 of title 49, United States Code, 
as amended by this Act, is further amended by adding at the 
end the following: 
‘‘§ 117. Council on Credit and Finance 
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall 
establish a Council on Credit and Finance in accordance with this 
section. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Council shall be composed of the 
following members: 
‘‘(A) The Deputy Secretary of Transportation. 
‘‘(B) The Under Secretary of Transportation for Policy. 
‘‘(C) The Chief Financial Officer and Assistant Sec-
retary for Budget and Programs. 
‘‘(D) The General Counsel of the Department of 
Transportation. 
‘‘(E) The Assistant Secretary for Transportation Policy. 
49 USC 117. 
49 USC 101. 
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129 STAT. 1619 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(F) The Administrator of the Federal Highway 
Administration. 
‘‘(G) The Administrator of the Federal Transit Adminis-
tration. 
‘‘(H) The Administrator of the Federal Railroad 
Administration. 
‘‘(2) ADDITIONAL MEMBERS.—The Secretary may designate 
up to 3 additional officials of the Department to serve as 
at-large members of the Council. 
‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 
‘‘(A) 
CHAIRPERSON.—The 
Deputy 
Secretary 
of 
Transportation shall serve as the chairperson of the 
Council. 
‘‘(B) VICE CHAIRPERSON.—The Chief Financial Officer 
and Assistant Secretary for Budget and Programs shall 
serve as the vice chairperson of the Council. 
‘‘(4) EXECUTIVE DIRECTOR.—The Executive Director of the 
National Surface Transportation and Innovative Finance 
Bureau shall serve as a nonvoting member of the Council. 
‘‘(c) DUTIES.—The Council shall— 
‘‘(1) review applications for assistance submitted under the 
programs referred to in subparagraphs (A), (B), and (C) of 
section 116(d)(1); 
‘‘(2) review applications for assistance submitted under the 
program referred to in section 116(d)(1)(D), as determined 
appropriate by the Secretary; 
‘‘(3) make recommendations to the Secretary regarding the 
selection of projects to receive assistance under such programs; 
‘‘(4) review, on a regular basis, projects that received assist-
ance under such programs; and 
‘‘(5) carry out such additional duties as the Secretary may 
prescribe.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
further amended by adding at the end the following: 
‘‘117. Council on Credit and Finance.’’. 
TITLE X—SPORT FISH RESTORATION 
AND RECREATIONAL BOATING SAFETY 
SEC. 10001. ALLOCATIONS. 
(a) AUTHORIZATION.—Section 3 of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777b) is amended by striking ‘‘57 
percent’’ and inserting ‘‘58.012 percent’’. 
(b) IN GENERAL.—Section 4 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1)— 
(i) by striking ‘‘For each’’ and all that follows 
through ‘‘the balance’’ and inserting ‘‘For each fiscal 
year through fiscal year 2021, the balance’’; and 
(ii) by striking ‘‘multistate conservation grants 
under section 14’’ and inserting ‘‘activities under sec-
tion 14(e)’’; 
(B) in paragraph (1), by striking ‘‘18.5 percent’’ and 
inserting ‘‘18.673 percent’’; 
49 USC 
prec. 101. 
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129 STAT. 1620 
PUBLIC LAW 114–94—DEC. 4, 2015 
(C) in paragraph (2) by striking ‘‘18.5 percent’’ and 
inserting ‘‘17.315 percent’’; 
(D) by striking paragraphs (3) and (4); 
(E) by redesignating paragraph (5) as paragraph (4); 
and 
(F) by inserting after paragraph (2) the following: 
‘‘(3) BOATING INFRASTRUCTURE IMPROVEMENT.— 
‘‘(A) IN GENERAL.—An amount equal to 4 percent to 
the Secretary of the Interior for qualified projects under 
section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 
1322 note) and section 7404(d) of the Sportfishing and 
Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)). 
‘‘(B) LIMITATION.—Not more than 75 percent of the 
amount under subparagraph (A) shall be available for 
projects under either of the sections referred to in subpara-
graph (A).’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(A) by striking ‘‘for each’’ and all 
that follows through ‘‘the Secretary’’ and inserting ‘‘for 
each fiscal year through fiscal year 2021, the Secretary’’; 
(B) by redesignating paragraph (2) as paragraph (3); 
(C) by inserting after paragraph (1) the following: 
‘‘(2) SET-ASIDE FOR COAST GUARD ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—From the annual appropriation 
made in accordance with section 3, for each of fiscal years 
2016 through 2021, the Secretary of the department in 
which the Coast Guard is operating may use no more 
than the amount specified in subparagraph (B) for the 
fiscal year for the purposes set forth in section 13107(c) 
of title 46, United States Code. The amount specified in 
subparagraph (B) for a fiscal year may not be included 
in the amount of the annual appropriation distributed 
under subsection (a) for the fiscal year. 
‘‘(B) AVAILABLE
AMOUNTS.—The available amount 
referred to in subparagraph (A) is— 
‘‘(i) for fiscal year 2016, $7,700,000; and 
‘‘(ii) for fiscal year 2017 and each fiscal year there-
after, the sum of— 
‘‘(I) the available amount for the preceding 
fiscal year; and 
‘‘(II) the amount determined by multiplying— 
‘‘(aa) the available amount for the pre-
ceding fiscal year; and 
‘‘(bb) the change, relative to the preceding 
fiscal year, in the Consumer Price Index for 
All Urban Consumers published by the 
Department of Labor.’’; and 
(D) in paragraph (3), as so redesignated— 
(i) in subparagraph (A), by striking ‘‘until the end 
of the fiscal year.’’ and inserting ‘‘until the end of 
the subsequent fiscal year.’’; and 
(ii) in subparagraph (B) by striking ‘‘under sub-
section (e)’’ and inserting ‘‘under subsection (c)’’; 
(3) in subsection (c)— 
(A) by striking ‘‘(c) The Secretary’’ and inserting ‘‘(c)(1) 
The Secretary,’’; 
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129 STAT. 1621 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) by striking ‘‘grants under section 14 of this title’’ 
and inserting ‘‘activities under section 14(e)’’; 
(C) by striking ‘‘57 percent’’ and inserting ‘‘58.012 per-
cent’’; and 
(D) by adding at the end the following: 
‘‘(2) The Secretary shall deduct from the amount to be appor-
tioned under paragraph (1) the amounts used for grants under 
section 14(a).’’; and 
(4) in subsection (e)(1), by striking ‘‘those subsections,’’ 
and inserting ‘‘those paragraphs,’’. 
(c) SUBMISSION AND APPROVAL OF PLANS AND PROJECTS.—Sec-
tion 6(d) of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777e(d)) is amended by striking ‘‘for appropriations’’ and 
inserting ‘‘from appropriations’’. 
(d) UNEXPENDED OR UNOBLIGATED FUNDS.—Section 8(b)(2) of 
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
777g(b)(2)) is amended by striking ‘‘57 percent’’ and inserting 
‘‘58.012 percent’’. 
(e) COOPERATION.—Section 12 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777k) is amended— 
(1) by striking ‘‘57 percent’’ and inserting ‘‘58.012 percent’’; 
and 
(2) by striking ‘‘under section 4(b)’’ and inserting ‘‘under 
section 4(c)’’. 
(f) OTHER ACTIVITIES.—Section 14 of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777m) is amended— 
(1) in subsection (a)(1), by striking ‘‘of each annual appro-
priation made in accordance with the provisions of section 
3’’; and 
(2) in subsection (e)— 
(A) in the matter preceding paragraph (1) by striking 
‘‘Of amounts made available under section 4(b) for each 
fiscal year—’’ and inserting ‘‘Not more than $1,200,000 
of each annual appropriation made in accordance with the 
provisions of section 3 shall be distributed to the Secretary 
of the Interior for use as follows:’’; and 
(B) in paragraph (1)(D) by striking ‘‘; and’’ and 
inserting a period. 
(g) REPEAL.—The Dingell-Johnson Sport Fish Restoration Act 
(16 U.S.C. 777 et seq.) is amended— 
(1) by striking section 15; and 
(2) by redesignating section 16 as section 15. 
SEC. 10002. RECREATIONAL BOATING SAFETY. 
Section 13107 of title 46, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(1) Subject to paragraph (2) and sub-
section (c),’’ and inserting ‘‘Subject to subsection (c),’’; 
(B) by striking ‘‘the sum of (A) the amount made avail-
able from the Boat Safety Account for that fiscal year 
under section 15 of the Dingell-Johnson Sport Fish Restora-
tion Act and (B)’’; and 
(C) by striking paragraph (2); and 
(2) in subsection (c)— 
(A) by striking the subsection designation and para-
graph (1) and inserting the following: 
16 USC 777 note. 
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129 STAT. 1622 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(c)(1)(A) The Secretary may use amounts made available each 
fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses 
of the Coast Guard for investigations, personnel, and activities 
directly related to— 
‘‘(i) administering State recreational boating safety pro-
grams under this chapter; or 
‘‘(ii) coordinating or carrying out the national recreational 
boating safety program under this title. 
‘‘(B) Of the amounts used by the Secretary each fiscal year 
under subparagraph (A)— 
‘‘(i) not less than $2,100,000 is available to ensure compli-
ance with chapter 43 of this title; and 
‘‘(ii) not more than $1,500,000 is available to conduct by 
grant or contract a survey of levels of recreational boating 
participation and related matters in the United States.’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘No funds’’ and inserting ‘‘On and 
after October 1, 2016, no funds’’; and 
(ii) by striking ‘‘traditionally’’. 
TITLE XI—RAIL 
SEC. 11001. SHORT TITLE. 
This title may be cited as the ‘‘Passenger Rail Reform and 
Investment Act of 2015’’. 
Subtitle A—Authorizations 
SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK. 
(a) NORTHEAST CORRIDOR.—There are authorized to be appro-
priated to the Secretary for the use of Amtrak for activities associ-
ated with the Northeast Corridor the following amounts: 
(1) For fiscal year 2016, $450,000,000. 
(2) For fiscal year 2017, $474,000,000. 
(3) For fiscal year 2018, $515,000,000. 
(4) For fiscal year 2019, $557,000,000. 
(5) For fiscal year 2020, $600,000,000. 
(b) NATIONAL NETWORK.—There are authorized to be appro-
priated to the Secretary for the use of Amtrak for activities associ-
ated with the National Network the following amounts: 
(1) For fiscal year 2016, $1,000,000,000. 
(2) For fiscal year 2017, $1,026,000,000. 
(3) For fiscal year 2018, $1,085,000,000. 
(4) For fiscal year 2019, $1,143,000,000. 
(5) For fiscal year 2020, $1,200,000,000. 
(c) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 
withhold up to one half of 1 percent of the amount appropriated 
under subsections (a) and (b) for the costs of management oversight 
of Amtrak. 
(d) GULF COAST WORKING GROUP.—Of the total amount made 
available to the Office of the Secretary of Transportation and the 
Federal Railroad Administration, for each of fiscal years 2016 and 
2017, $500,000 shall be used to convene the Gulf Coast rail service 
49 USC 20101 
note. 
Passenger Rail 
Reform and 
Investment Act 
of 2015. 
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129 STAT. 1623 
PUBLIC LAW 114–94—DEC. 4, 2015 
working group established under section 11304 of this Act and 
carry out its responsibilities under such section. 
(e) COMPETITION.—In administering grants to Amtrak under 
section 24319 of title 49, United States Code, the Secretary may 
withhold, from amounts that would otherwise be made available 
to Amtrak, such sums as are necessary from the amount appro-
priated under subsection (b) of this section to cover the operating 
subsidy described in section 24711(b)(1)(E)(ii) of title 49, United 
States Code. 
(f) STATE-SUPPORTED ROUTE COMMITTEE.—The Secretary may 
withhold up to $2,000,000 from the amount appropriated in each 
fiscal year under subsection (b) of this section for the use of the 
State-Supported Route Committee established under section 24712 
of title 49, United States Code. 
(g) NORTHEAST CORRIDOR COMMISSION.—The Secretary may 
withhold up to $5,000,000 from the amount appropriated in each 
fiscal year under subsection (a) of this section for the use of the 
Northeast Corridor Commission established under section 24905 
of title 49, United States Code. 
(h) NORTHEAST CORRIDOR.—For purposes of this section, the 
term ‘‘Northeast Corridor’’ means the Northeast Corridor main line 
between Boston, Massachusetts, and the District of Columbia, and 
facilities and services used to operate and maintain that line. 
(i) SMALL BUSINESS PARTICIPATION STUDY.—Of the total amount 
made available to the Office of the Secretary of Transportation 
and the Federal Railroad Administration, for each of fiscal years 
2016 and 2017, $1,500,000 shall be used to implement the small 
business participation study authorized under section 11310 of this 
Act. 
SEC. 11102. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
IMPROVEMENTS. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary for grants under section 24407 of title 49, United 
States Code, (as added by section 11301 of this Act), the following 
amounts: 
(1) For fiscal year 2016, $98,000,000. 
(2) For fiscal year 2017, $190,000,000. 
(3) For fiscal year 2018, $230,000,000. 
(4) For fiscal year 2019, $255,000,000. 
(5) For fiscal year 2020, $330,000,000. 
(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 
withhold up to 1 percent from the amount appropriated under 
subsection (a) of this section for the costs of project management 
oversight of grants carried out under section 24407 of title 49, 
United States Code. 
SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 
REPAIR. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary for grants under section 24911 of title 49, United 
States Code, (as added by section 11302 of this Act), the following 
amounts: 
(1) For fiscal year 2016, $82,000,000. 
(2) For fiscal year 2017, $140,000,000. 
(3) For fiscal year 2018, $175,000,000. 
(4) For fiscal year 2019, $300,000,000. 
(5) For fiscal year 2020, $300,000,000. 
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129 STAT. 1624 
PUBLIC LAW 114–94—DEC. 4, 2015 
(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 
withhold up to 1 percent from the amount appropriated under 
subsection (a) of this section for the costs of project management 
oversight of grants carried out under section 24911 of title 49, 
United States Code. 
SEC. 11104. RESTORATION AND ENHANCEMENT GRANTS. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary for grants under section 24408 of title 49, United 
States Code, (as added by section 11303 of this Act), $20,000,000 
for each of fiscal years 2016 through 2020. 
(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 
withhold up to 1 percent from the amount appropriated under 
subsection (a) of this section for the costs of project management 
oversight of grants carried out under section 24408 of title 49, 
United States Code. 
SEC. 11105. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK 
OFFICE OF INSPECTOR GENERAL. 
There are authorized to be appropriated to the Office of 
Inspector General of Amtrak the following amounts: 
(1) For fiscal year 2016, $20,000,000. 
(2) For fiscal year 2017, $20,500,000. 
(3) For fiscal year 2018, $21,000,000. 
(4) For fiscal year 2019, $21,500,000. 
(5) For fiscal year 2020, $22,000,000. 
SEC. 11106. DEFINITIONS. 
(a) TITLE 49 AMENDMENTS.—Section 24102 of title 49, United 
States Code, is amended— 
(1) by redesignating paragraphs (5) through (9) as para-
graphs (7) through (11), respectively; 
(2) by inserting after paragraph (4) the following new para-
graphs: 
‘‘(5) ‘long-distance route’ means a route described in 
subparagraph (C) of paragraph (7). 
‘‘(6) ‘National Network’ includes long-distance routes and 
State-supported routes.’’; and 
(3) by adding at the end the following new paragraphs: 
‘‘(12) ‘state-of-good-repair’ means a condition in which phys-
ical assets, both individually and as a system, are— 
‘‘(A) performing at a level at least equal to that called 
for in their as-built or as-modified design specification 
during any period when the life cycle cost of maintaining 
the assets is lower than the cost of replacing them; and 
‘‘(B) sustained through regular maintenance and 
replacement programs. 
‘‘(13) ‘State-supported route’ means a route described in 
subparagraph (B) or (D) of paragraph (7), or in section 24702, 
that is operated by Amtrak, excluding those trains operated 
by Amtrak on the routes described in paragraph (7)(A).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 217 of the Passenger Rail Investment and 
Improvement Act of 2008 (49 U.S.C. 24702 note) is amended 
by striking ‘‘24102(5)(D)’’ and inserting ‘‘24102(7)(D)’’. 
(2) Section 209(a) of the Passenger Rail Investment and 
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended 
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129 STAT. 1625 
PUBLIC LAW 114–94—DEC. 4, 2015 
by striking ‘‘24102(5)(B) and (D)’’ and inserting ‘‘24102(7)(B) 
and (D)’’. 
Subtitle B—Amtrak Reforms 
SEC. 11201. ACCOUNTS. 
(a) IN GENERAL.—Chapter 243 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘§ 24317. Accounts 
‘‘(a) PURPOSE.—The purpose of this section is to— 
‘‘(1) promote the effective use and stewardship by Amtrak 
of Amtrak revenues, Federal, State, and third party invest-
ments, appropriations, grants and other forms of financial 
assistance, and other sources of funds; and 
‘‘(2) enhance the transparency of the assignment of reve-
nues and costs among Amtrak business lines while ensuring 
the health of the Northeast Corridor and National Network. 
‘‘(b) ACCOUNT STRUCTURE.—Not later than 180 days after the 
date of enactment of the Passenger Rail Reform and Investment 
Act of 2015, the Secretary of Transportation, in consultation with 
Amtrak, shall define an account structure and improvements to 
accounting methodologies, as necessary, to support, at a minimum, 
the Northeast Corridor and the National Network. 
‘‘(c) FINANCIAL SOURCES.—In defining the account structure 
and improvements to accounting methodologies required under sub-
section (b), the Secretary shall ensure, to the greatest extent prac-
ticable, that Amtrak assigns the following: 
‘‘(1) For the Northeast Corridor account, all revenues, 
appropriations, grants and other forms of financial assistance, 
compensation, and other sources of funds associated with the 
Northeast Corridor, including— 
‘‘(A) grant funds appropriated for the Northeast Cor-
ridor pursuant to section 11101(a) of the Passenger Rail 
Reform and Investment Act of 2015 or any subsequent 
Act; 
‘‘(B) compensation received from commuter rail pas-
senger transportation providers for such providers’ share 
of capital and operating costs on the Northeast Corridor 
provided to Amtrak pursuant to section 24905(c); and 
‘‘(C) any operating surplus of the Northeast Corridor, 
as allocated pursuant to section 24318. 
‘‘(2) For the National Network account, all revenues, appro-
priations, grants and other forms of financial assistance, com-
pensation, and other sources of funds associated with the 
National Network, including— 
‘‘(A) grant funds appropriated for the National Network 
pursuant to section 11101(b) of the Passenger Rail Reform 
and Investment Act of 2015 or any subsequent Act; 
‘‘(B) compensation received from States provided to 
Amtrak pursuant to section 209 of the Passenger Rail 
Investment and Improvement Act of 2008 (42 U.S.C. 24101 
note); and 
‘‘(C) any operating surplus of the National Network, 
as allocated pursuant to section 24318. 
49 USC 24317. 
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129 STAT. 1626 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(d) FINANCIAL USES.—In defining the account structure and 
improvements to accounting methodologies required under sub-
section (b), the Secretary shall ensure, to the greatest extent prac-
ticable, that amounts assigned to the Northeast Corridor and 
National Network accounts shall be used by Amtrak for the fol-
lowing: 
‘‘(1) For the Northeast Corridor, all associated costs, 
including— 
‘‘(A) operating activities; 
‘‘(B) 
capital 
activities 
as 
described 
in 
section 
24904(a)(2)(E); 
‘‘(C) acquiring, rehabilitating, manufacturing, remanu-
facturing, overhauling, or improving equipment and associ-
ated facilities used for intercity rail passenger transpor-
tation by Northeast Corridor train services; 
‘‘(D) payment of principal and interest on loans for 
capital projects described in this paragraph or for capital 
leases attributable to the Northeast Corridor; 
‘‘(E) other capital projects on the Northeast Corridor, 
determined appropriate by the Secretary, and consistent 
with section 24905(c)(1)(A)(i); and 
‘‘(F) if applicable, capital projects described in section 
24904(b). 
‘‘(2) For the National Network, all associated costs, 
including— 
‘‘(A) operating activities; 
‘‘(B) capital activities; and 
‘‘(C) the payment of principal and interest on loans 
or capital leases attributable to the National Network. 
‘‘(e) IMPLEMENTATION AND REPORTING.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of the Passenger Rail Reform and Investment 
Act of 2015, Amtrak, in consultation with the Secretary, shall 
implement any account structures and improvements defined 
under subsection (b) so that Amtrak is able to produce profit 
and loss statements for each of the business lines described 
in section 24320(b)(1) and, as appropriate, each of the asset 
categories described in section 24320(c)(1) that identify sources 
and uses of— 
‘‘(A) revenues; 
‘‘(B) appropriations; and 
‘‘(C) transfers between business lines. 
‘‘(2) UPDATED
PROFIT
AND
LOSS
STATEMENTS.—Not later 
than 1 month after the implementation under paragraph (1), 
and monthly thereafter, Amtrak shall submit updated profit 
and loss statements for each of the business lines and asset 
categories to the Secretary. 
‘‘(f) ACCOUNT MANAGEMENT.—For the purposes of account 
management, Amtrak may transfer funds between the Northeast 
Corridor account and National Network account without prior 
notification and approval under subsection (g) if such transfers— 
‘‘(1) do not materially impact Amtrak’s ability to achieve 
its anticipated financial, capital, and operating performance 
goals for the fiscal year; and 
‘‘(2) would not materially change any grant agreement 
entered into pursuant to section 24319(d), or other agreements 
made pursuant to applicable Federal law. 
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129 STAT. 1627 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(g) TRANSFER AUTHORITY.— 
‘‘(1) IN GENERAL.—If Amtrak determines that a transfer 
between the accounts defined under subsection (b) does not 
meet the account management standards established under 
subsection (f), Amtrak may transfer funds between the North-
east Corridor and National Network accounts if— 
‘‘(A) Amtrak notifies the Amtrak Board of Directors, 
including the Secretary, at least 10 days prior to the 
expected date of transfer; and 
‘‘(B) solely for a transfer that will materially change 
a grant agreement, the Secretary approves. 
‘‘(2) REPORT.—Not later than 5 days after the Amtrak 
Board of Directors receives notification from Amtrak under 
paragraph (1)(A), the Board shall transmit to the Secretary, 
the Committee on Transportation and Infrastructure and the 
Committee on Appropriations of the House of Representatives, 
and the Committee on Commerce, Science, and Transportation 
and the Committee on Appropriations of the Senate, a report 
that includes— 
‘‘(A) the amount of the transfer; and 
‘‘(B) a detailed explanation of the reason for the 
transfer, including— 
‘‘(i) the effects on Amtrak services funded by the 
account from which the transfer is drawn, in compari-
son to a scenario in which no transfer was made; 
and 
‘‘(ii) the effects on Amtrak services funded by the 
account receiving the transfer, in comparison to a sce-
nario in which no transfer was made. 
‘‘(3) NOTIFICATIONS.—Not later than 5 days after the date 
that Amtrak notifies the Amtrak Board of Directors of a 
transfer under paragraph (1) to or from an account, Amtrak 
shall transmit to the State-Supported Route Committee and 
Northeast Corridor Commission a letter that includes the 
information described under subparagraphs (A) and (B) of para-
graph (2). 
‘‘(h) REPORT.—Not later than 2 years after the date of enact-
ment of the Passenger Rail Reform and Investment Act of 2015, 
Amtrak shall submit to the Secretary a report assessing the account 
and reporting structure established under this section and providing 
any recommendations for further action. Not later than 180 days 
after the date of receipt of such report, the Secretary shall provide 
an assessment that supplements Amtrak’s report and submit the 
Amtrak report with the supplemental assessment to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives. 
‘‘(i) DEFINITION
OF NORTHEAST CORRIDOR.—Notwithstanding 
section 24102, for purposes of this section, the term ‘Northeast 
Corridor’ means the Northeast Corridor main line between Boston, 
Massachusetts, and the District of Columbia, and facilities and 
services used to operate and maintain that line.’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 243 is amended by adding at the end the following: 
‘‘24317. Accounts.’’. 
49 USC 
prec. 24301. 
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129 STAT. 1628 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 11202. AMTRAK GRANT PROCESS. 
(a) REQUIREMENTS AND PROCEDURES.—Chapter 243 of title 49, 
United States Code, is further amended by adding at the end 
the following: 
‘‘§ 24318. Costs and revenues 
‘‘(a) ALLOCATION.—Not later than 180 days after the date of 
enactment of the Passenger Rail Reform and Investment Act of 
2015, Amtrak shall establish and maintain internal controls to 
ensure Amtrak’s costs, revenues, and other compensation are appro-
priately allocated to the Northeast Corridor, including train services 
or infrastructure, or the National Network, including proportional 
shares of common and fixed costs. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to limit the ability of Amtrak to enter into an agree-
ment with 1 or more States to allocate operating and capital costs 
under section 209 of the Passenger Rail Investment and Improve-
ment Act of 2008 (49 U.S.C. 24101 note). 
‘‘(c) DEFINITION
OF NORTHEAST CORRIDOR.—Notwithstanding 
section 24102, for purposes of this section, the term ‘Northeast 
Corridor’ means the Northeast Corridor main line between Boston, 
Massachusetts, and the District of Columbia, and facilities and 
services used to operate and maintain that line. 
‘‘§ 24319. Grant process 
‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not later than 90 
days after the date of enactment of the Passenger Rail Reform 
and Investment Act of 2015, the Secretary of Transportation shall 
establish and transmit to the Committee on Commerce, Science, 
and Transportation and the Committee on Appropriations of the 
Senate and the Committee on Transportation and Infrastructure 
and the Committee on Appropriations of the House of Representa-
tives substantive and procedural requirements, including schedules, 
for grant requests under this section. 
‘‘(b) GRANT REQUESTS.—Amtrak shall transmit to the Secretary 
grant requests for Federal funds appropriated to the Secretary 
of Transportation for the use of Amtrak. 
‘‘(c) CONTENTS.—A grant request under subsection (b) shall, 
as applicable— 
‘‘(1) describe projected operating and capital costs for the 
upcoming fiscal year for Northeast Corridor activities, including 
train services and infrastructure, and National Network activi-
ties, including State-supported routes and long-distance routes, 
in comparison to prior fiscal year actual financial performance; 
‘‘(2) describe the capital projects to be funded, with cost 
estimates and an estimated timetable for completion of the 
projects covered by the request; and 
‘‘(3) assess Amtrak’s financial condition. 
‘‘(d) REVIEW AND APPROVAL.— 
‘‘(1) THIRTY-DAY APPROVAL PROCESS.— 
‘‘(A) IN GENERAL.—Not later than 30 days after the 
date that Amtrak submits a grant request under this sec-
tion, the Secretary of Transportation shall complete a 
review of the request and provide notice to Amtrak that— 
‘‘(i) the request is approved; or 
49 USC 24319. 
49 USC 24318. 
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129 STAT. 1629 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ii) the request is disapproved, including the rea-
son for the disapproval and an explanation of any 
incomplete or deficient items. 
‘‘(B) GRANT
AGREEMENT.—If a grant request is 
approved, the Secretary shall enter into a grant agreement 
with Amtrak. 
‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.—Not later than 
15 days after the date of a notice under paragraph (1)(A)(ii), 
Amtrak shall submit a modified request for the Secretary’s 
review. 
‘‘(3) MODIFIED REQUESTS.—Not later than 15 days after 
the date that Amtrak submits a modified request under para-
graph (2), the Secretary shall either approve the modified 
request, or, if the Secretary finds that the request is still 
incomplete or deficient, the Secretary shall identify in writing 
to the Committee on Commerce, Science, and Transportation 
and the Committee on Appropriations of the Senate and the 
Committee on Transportation and Infrastructure and the Com-
mittee on Appropriations of the House of Representatives the 
remaining deficiencies and recommend a process for resolving 
the outstanding portions of the request. 
‘‘(e) PAYMENTS TO AMTRAK.— 
‘‘(1) IN GENERAL.—A grant agreement entered into under 
subsection (d) shall specify the operations, services, and other 
activities to be funded by the grant. The grant agreement 
shall include provisions, consistent with the requirements of 
this chapter, to measure Amtrak’s performance and ensure 
accountability in delivering the operations, services, or activities 
to be funded by the grant. 
‘‘(2) SCHEDULE.—Except as provided in paragraph (3), in 
each fiscal year for which amounts are appropriated to the 
Secretary for the use of Amtrak, and for which the Secretary 
and Amtrak have entered into a grant agreement under sub-
section (d), the Secretary shall disburse grant funds to Amtrak 
on the following schedule: 
‘‘(A) 50 percent on October 1. 
‘‘(B) 25 percent on January 1. 
‘‘(C) 25 percent on April 1. 
‘‘(3) EXCEPTIONS.—The Secretary may make a payment 
to Amtrak of appropriated funds— 
‘‘(A) more frequently than the schedule under para-
graph (2) if Amtrak, for good cause, requests more frequent 
payment before the end of a payment period; or 
‘‘(B) with a different frequency or in different percent-
age allocations in the event of a continuing resolution or 
in the absence of an appropriations Act for the duration 
of a fiscal year. 
‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS.— 
Amounts appropriated to the Secretary for the use of Amtrak shall 
remain available until expended. Amounts for capital acquisitions 
and improvements may be appropriated for a fiscal year before 
the fiscal year in which the amounts will be obligated. 
‘‘(g) LIMITATIONS ON USE.—Amounts appropriated to the Sec-
retary for the use of Amtrak may not be used to cross-subsidize 
operating losses or capital costs of commuter rail passenger or 
freight rail transportation. 
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129 STAT. 1630 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(h) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding 
section 24102, for purposes of this section, the term ‘Northeast 
Corridor’ means the Northeast Corridor main line between Boston, 
Massachusetts, and the District of Columbia, and facilities and 
services used to operate and maintain that line.’’. 
(b) CONFORMING AMENDMENTS.—The table of contents for 
chapter 243 is further amended by adding at the end the following: 
‘‘24318. Costs and revenues. 
‘‘24319. Grant process.’’. 
(c) REPEALS.— 
(1) ESTABLISHMENT
OF
GRANT
PROCESS.—Section 206 of 
the Passenger Rail Investment and Improvement Act of 2008 
(49 U.S.C. 24101 note) and the item relating to that section 
in the table of contents of that Act are repealed. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 24104 of 
title 49, United States Code, and the item relating to that 
section in the table of contents of chapter 241 are repealed. 
SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS. 
(a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET PLANS.—Chapter 
243 of title 49, United States Code, is further amended by inserting 
after section 24319 the following: 
‘‘§ 24320. Amtrak 5-year business line and asset plans 
‘‘(a) IN GENERAL.— 
‘‘(1) FINAL PLANS.—Not later than February 15 of each 
year, Amtrak shall submit to Congress and the Secretary of 
Transportation final 5-year business line plans and 5-year asset 
plans prepared in accordance with this section. These final 
plans shall form the basis for Amtrak’s general and legislative 
annual report to the President and Congress required by section 
24315(b). Each plan shall cover a period of 5 fiscal years, 
beginning with the first fiscal year after the date on which 
the plan is completed. 
‘‘(2) FISCAL CONSTRAINT.—Each plan prepared under this 
section shall be based on funding levels authorized or otherwise 
available to Amtrak in a fiscal year. In the absence of an 
authorization or appropriation of funds for a fiscal year, the 
plans shall be based on the amount of funding available in 
the previous fiscal year, plus inflation. Amtrak may include 
an appendix to the asset plan required in subsection (c) that 
describes any funding needs in excess of amounts authorized 
or otherwise available to Amtrak in a fiscal year. 
‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 
‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall prepare a 5- 
year business line plan for each of the following business lines 
and services: 
‘‘(A) Northeast Corridor train services. 
‘‘(B) State-supported routes operated by Amtrak. 
‘‘(C) Long-distance routes operated by Amtrak. 
‘‘(D) Ancillary services operated by Amtrak, including 
commuter operations and other revenue generating activi-
ties as determined by the Secretary in coordination with 
Amtrak. 
‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE PLANS.—The 5- 
year business line plan for each business line shall include, 
at a minimum— 
49 USC 24320. 
49 USC 
prec. 24101. 
49 USC 
prec. 24301. 
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129 STAT. 1631 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) a statement of Amtrak’s objectives, goals, and 
service plan for the business line, in consultation with 
any entities that are contributing capital or operating 
funding to support passenger rail services within those 
business lines, and aligned with Amtrak’s Strategic Plan 
and 5-year asset plans under subsection (c); 
‘‘(B) all projected revenues and expenditures for the 
business line, including identification of revenues and 
expenditures incurred by— 
‘‘(i) passenger operations; 
‘‘(ii) non-passenger operations that are directly 
related to the business line; and 
‘‘(iii) governmental funding sources, including reve-
nues and other funding received from States; 
‘‘(C) projected ridership levels for all passenger oper-
ations; 
‘‘(D) estimates of long-term and short-term debt and 
associated principal and interest payments (both current 
and forecasts); 
‘‘(E) annual profit and loss statements and forecasts 
and balance sheets; 
‘‘(F) annual cash flow forecasts; 
‘‘(G) a statement describing the methodologies and 
significant assumptions underlying estimates and forecasts; 
‘‘(H) specific performance measures that demonstrate 
year over year changes in the results of Amtrak’s oper-
ations; 
‘‘(I) financial performance for each route within each 
business line, including descriptions of the cash operating 
loss or contribution and productivity for each route; 
‘‘(J) specific costs and savings estimates resulting from 
reform initiatives; 
‘‘(K) prior fiscal year and projected equipment reli-
ability statistics; and 
‘‘(L) an identification and explanation of any major 
adjustments made from previously-approved plans. 
‘‘(3) 5-YEAR
BUSINESS
LINE
PLANS
PROCESS.—In meeting 
the requirements of this section, Amtrak shall— 
‘‘(A) consult with the Secretary in the development 
of the business line plans; 
‘‘(B) for the Northeast Corridor business line plan, 
consult with the Northeast Corridor Commission and 
transmit to the Commission the final plan under subsection 
(a)(1), and consult with other entities, as appropriate; 
‘‘(C) for the State-supported route business line plan, 
consult with the State-Supported Route Committee estab-
lished under section 24712; 
‘‘(D) for the long-distance route business line plan, 
consult with any States or Interstate Compacts that provide 
funding for such routes, as appropriate; 
‘‘(E) ensure that Amtrak’s general and legislative 
annual report, required under section 24315(b), to the 
President and Congress is consistent with the information 
in the 5-year business line plans; and 
‘‘(F) identify the appropriate Amtrak officials that are 
responsible for each business line. 
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129 STAT. 1632 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(4) 
DEFINITION
OF
NORTHEAST
CORRIDOR.—Notwith-
standing section 24102, for purposes of this section, the term 
‘Northeast Corridor’ means the Northeast Corridor main line 
between Boston, Massachusetts, and the District of Columbia, 
and facilities and services used to operate and maintain that 
line. 
‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— 
‘‘(1) ASSET CATEGORIES.—Amtrak shall prepare a 5-year 
asset plan for each of the following asset categories: 
‘‘(A) Infrastructure, including all Amtrak-controlled 
Northeast Corridor assets and other Amtrak-owned infra-
structure, and the associated facilities that support the 
operation, maintenance, and improvement of those assets. 
‘‘(B) Passenger rail equipment, including all Amtrak- 
controlled rolling stock, locomotives, and mechanical shop 
facilities that are used to overhaul equipment. 
‘‘(C) Stations, including all Amtrak-controlled pas-
senger rail stations and elements of other stations for which 
Amtrak has legal responsibility or intends to make capital 
investments. 
‘‘(D) National assets, including national reservations, 
security, training and training centers, and other assets 
associated with Amtrak’s national rail passenger transpor-
tation system. 
‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.—Each asset plan 
shall include, at a minimum— 
‘‘(A) a summary of Amtrak’s 5-year strategic plan for 
each asset category, including goals, objectives, any rel-
evant performance metrics, and statutory or regulatory 
actions affecting the assets; 
‘‘(B) an inventory of existing Amtrak capital assets, 
to the extent practicable, including information regarding 
shared use or ownership, if applicable; 
‘‘(C) a prioritized list of proposed capital investments 
that— 
‘‘(i) categorizes each capital project as being pri-
marily associated with— 
‘‘(I) normalized capital replacement; 
‘‘(II) backlog capital replacement; 
‘‘(III) 
improvements 
to 
support 
service 
enhancements or growth; 
‘‘(IV) strategic initiatives that will improve 
overall operational performance, lower costs, or 
otherwise improve Amtrak’s corporate efficiency; 
or 
‘‘(V) statutory, regulatory, or other legal man-
dates; 
‘‘(ii) identifies each project or program that is asso-
ciated with more than 1 category described in clause 
(i); and 
‘‘(iii) describes the anticipated business outcome 
of each project or program identified under this 
subparagraph, including an assessment of— 
‘‘(I) the potential effect on passenger oper-
ations, safety, reliability, and resilience; 
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129 STAT. 1633 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(II) the potential effect on Amtrak’s ability 
to meet regulatory requirements if the project or 
program is not funded; and 
‘‘(III) the benefits and costs; and 
‘‘(D) annual profit and loss statements and forecasts 
and balance sheets for each asset category. 
‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meeting the require-
ments of this subsection, Amtrak shall— 
‘‘(A) consult with each business line described in sub-
section (b)(1) in the preparation of each 5-year asset plan 
and ensure integration of each 5-year asset plan with the 
5-year business line plans; 
‘‘(B) as applicable, consult with the Northeast Corridor 
Commission, the State-Supported Route Committee, and 
owners of assets affected by 5-year asset plans; and 
‘‘(C) identify the appropriate Amtrak officials that are 
responsible for each asset category. 
‘‘(4) EVALUATION
OF
NATIONAL
ASSETS
COSTS.—The Sec-
retary shall— 
‘‘(A) evaluate the costs and scope of all national assets; 
and 
‘‘(B) determine the activities and costs that are— 
‘‘(i) required in order to ensure the efficient oper-
ations of a national rail passenger system; 
‘‘(ii) appropriate for allocation to 1 of the other 
Amtrak business lines; and 
‘‘(iii) extraneous to providing an efficient national 
rail passenger system or are too costly relative to the 
benefits or performance outcomes they provide. 
‘‘(5) DEFINITION OF NATIONAL ASSETS.—In this section, the 
term ‘national assets’ means the Nation’s core rail assets shared 
among Amtrak services, including national reservations, secu-
rity, training and training centers, and other assets associated 
with Amtrak’s national rail passenger transportation system. 
‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.—Not later than 
1 year after the date of completion of the evaluation under 
paragraph (4), the Administrator of the Federal Railroad 
Administration, in consultation with the Amtrak Board of 
Directors, the governors of each relevant State, and the Mayor 
of the District of Columbia, or their designees, shall restructure 
or reallocate, or both, the national assets costs in accordance 
with the determination under that section, including making 
appropriate updates to Amtrak’s cost accounting methodology 
and system. 
‘‘(7) EXEMPTION.— 
‘‘(A) IN
GENERAL.—Upon written request from the 
Amtrak Board of Directors, the Secretary may exempt 
Amtrak from including in a plan required under this sub-
section any information described in paragraphs (1) and 
(2). 
‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make 
available to the public on the Department’s Internet Web 
site any exemption granted under subparagraph (A) and 
a detailed justification for granting such exemption. 
‘‘(C) INCLUSION IN PLAN.—Amtrak shall include in the 
plan required under this subsection any request granted 
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129 STAT. 1634 
PUBLIC LAW 114–94—DEC. 4, 2015 
under subparagraph (A) and justification under subpara-
graph (B). 
‘‘(d) STANDARDS TO PROMOTE FINANCIAL STABILITY.—In pre-
paring plans under this section, Amtrak shall— 
‘‘(1) apply sound budgetary practices, including reducing 
costs 
and 
other 
expenditures, 
improving 
productivity, 
increasing revenues, or combinations of such practices; and 
‘‘(2) use the categories specified in the financial accounting 
and reporting system developed under section 203 of the Pas-
senger Rail Investment and Improvement Act of 2008 (49 U.S.C. 
24101 note).’’. 
(b) EFFECTIVE DATES.—The requirement for Amtrak to submit 
5-year business line plans under section 24320(a)(1) of title 49, 
United States Code, shall take effect on February 15, 2017, the 
due date of the first business line plans. The requirement for 
Amtrak to submit 5-year asset plans under section 24320(a)(1) 
of such title shall take effect on February 15, 2019, the due date 
of the first asset plans. 
(c) CONFORMING
AMENDMENTS.—The table of contents for 
chapter 243 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘24320. Amtrak 5-year business line and asset plans.’’. 
(d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Section 204 of the 
Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 
24101 note), and the item relating to that section in the table 
of contents of that Act, are repealed. 
SEC. 11204. STATE-SUPPORTED ROUTE COMMITTEE. 
(a) AMENDMENT.—Chapter 247 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘§ 24712. State-supported routes operated by Amtrak 
‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 days after the 
date of enactment of the Passenger Rail Reform and Investment 
Act of 2015, the Secretary of Transportation shall establish 
the State-Supported Route Committee (referred to in this sec-
tion as the ‘Committee’) to promote mutual cooperation and 
planning pertaining to the rail operations of Amtrak and related 
activities of trains operated by Amtrak on State-supported 
routes and to further implement section 209 of the Passenger 
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
note). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN GENERAL.—The Committee shall consist of— 
‘‘(i) members representing Amtrak; 
‘‘(ii) members representing the Department of 
Transportation, 
including 
the 
Federal 
Railroad 
Administration; and 
‘‘(iii) members representing States. 
‘‘(B) NON-VOTING
MEMBERS.—The Committee may 
invite and accept other non-voting members to participate 
in Committee activities, as appropriate. 
‘‘(3) DECISIONMAKING.—The Committee shall establish a 
bloc voting system under which, at a minimum— 
49 USC 24712. 
49 USC 
prec. 24301. 
49 USC 24320 
note. 
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129 STAT. 1635 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) there are 3 separate voting blocs to represent 
the Committee’s voting members, including— 
‘‘(i) 1 voting bloc to represent the members 
described in paragraph (2)(A)(i); 
‘‘(ii) 1 voting bloc to represent the members 
described in paragraph (2)(A)(ii); and 
‘‘(iii) 1 voting bloc to represent the members 
described in paragraph (2)(A)(iii); 
‘‘(B) each voting bloc has 1 vote; 
‘‘(C) the vote of the voting bloc representing the mem-
bers described in paragraph (2)(A)(iii) requires the support 
of at least two-thirds of that voting bloc’s members; and 
‘‘(D) the Committee makes decisions by unanimous 
consent of the 3 voting blocs. 
‘‘(4) MEETINGS; RULES AND PROCEDURES.—The Committee 
shall convene a meeting and shall define and implement the 
rules and procedures governing the Committee’s proceedings 
not later than 180 days after the date of establishment of 
the Committee by the Secretary. The rules and procedures 
shall— 
‘‘(A) incorporate and further describe the decision-
making procedures to be used in accordance with paragraph 
(3); and 
‘‘(B) be adopted in accordance with such decision-
making procedures. 
‘‘(5) COMMITTEE DECISIONS.—Decisions made by the Com-
mittee in accordance with the Committee’s rules and proce-
dures, once established, are binding on all Committee members. 
‘‘(6) COST ALLOCATION METHODOLOGY.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
Committee may amend the cost allocation methodology 
required and previously approved under section 209 of 
the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note). 
‘‘(B) PROCEDURES FOR CHANGING METHODOLOGY.—The 
rules and procedures implemented under paragraph (4) 
shall include procedures for changing the cost allocation 
methodology. 
‘‘(C) REQUIREMENTS.—The cost allocation methodology 
shall— 
‘‘(i) ensure equal treatment in the provision of 
like services of all States and groups of States; and 
‘‘(ii) allocate to each route the costs incurred only 
for the benefit of that route and a proportionate share, 
based upon factors that reasonably reflect relative use, 
of costs incurred for the common benefit of more than 
1 route. 
‘‘(b) INVOICES AND REPORTS.—Not later than April 15, 2016, 
and monthly thereafter, Amtrak shall provide to each State that 
sponsors a State-supported route a monthly invoice of the cost 
of operating such route, including fixed costs and third-party costs. 
The Committee shall determine the frequency and contents of finan-
cial and performance reports that Amtrak shall provide to the 
States, as well as the planning and demand reports that the States 
shall provide to Amtrak. 
‘‘(c) DISPUTE RESOLUTION.— 
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129 STAT. 1636 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a dispute arises 
with respect to the rules and procedures implemented under 
subsection (a)(4), an invoice or a report provided under sub-
section (b), implementation or compliance with the cost alloca-
tion methodology developed under section 209 of the Passenger 
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
note) or amended under subsection (a)(6) of this section, either 
Amtrak or the State may request that the Surface Transpor-
tation Board conduct dispute resolution under this subsection. 
‘‘(2) PROCEDURES.—The Surface Transportation Board shall 
establish procedures for resolution of disputes brought before 
it under this subsection, which may include provision of profes-
sional mediation services. 
‘‘(3) BINDING EFFECT.—A decision of the Surface Transpor-
tation Board under this subsection shall be binding on the 
parties to the dispute. 
‘‘(4) OBLIGATION.—Nothing in this subsection shall affect 
the obligation of a State to pay an amount not in dispute. 
‘‘(d) ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary may provide assistance 
to the parties in the course of negotiations for a contract for 
operation of a State-supported route. 
‘‘(2) FINANCIAL ASSISTANCE.—From among available funds, 
the Secretary shall provide— 
‘‘(A) financial assistance to Amtrak or 1 or more States 
to perform requested independent technical analysis of 
issues before the Committee; and 
‘‘(B) administrative expenses that the Secretary deter-
mines necessary. 
‘‘(e) PERFORMANCE METRICS.—In negotiating a contract for oper-
ation of a State-supported route, Amtrak and the State or States 
that sponsor the route shall consider including provisions that 
provide penalties and incentives for performance. 
‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 
‘‘(1) IN GENERAL.—The Committee shall develop a state-
ment of goals, objectives, and associated recommendations con-
cerning the future of State-supported routes operated by 
Amtrak. The statement shall identify the roles and responsibil-
ities of Committee members and any other relevant entities, 
such as host railroads, in meeting the identified goals and 
objectives, or carrying out the recommendations. The Com-
mittee may consult with such relevant entities, as the Com-
mittee considers appropriate, when developing the statement. 
‘‘(2) TRANSMISSION OF STATEMENT OF GOALS AND OBJEC-
TIVES.—Not later than 2 years after the date of enactment 
of the Passenger Rail Reform and Investment Act of 2015, 
the Committee shall transmit the statement developed under 
paragraph (1) to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives. 
‘‘(g) RULE
OF CONSTRUCTION.—The decisions of the Com-
mittee— 
‘‘(1) shall pertain to the rail operations of Amtrak and 
related activities of trains operated by Amtrak on State-spon-
sored routes; and 
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129 STAT. 1637 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) shall not pertain to the rail operations or related 
activities of services operated by other rail carriers on State- 
supported routes. 
‘‘(h) DEFINITION OF STATE.—In this section, the term ‘State’ 
means any of the 50 States, including the District of Columbia, 
that sponsor the operation of trains by Amtrak on a State-supported 
route, or a public entity that sponsors such operation on such 
a route.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents for chapter 
247 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘24712. State-supported routes operated by Amtrak.’’. 
(2) PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT.— 
Section 209 of the Passenger Rail Investment and Improvement 
Act of 2008 (49 U.S.C. 24101 note) is amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively. 
SEC. 11205. COMPOSITION OF AMTRAK’S BOARD OF DIRECTORS. 
Section 24302 of title 49, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘9 directors’’ and inserting ‘‘10 direc-
tors’’; 
(B) in subparagraph (B) by inserting ‘‘, who shall serve 
as a nonvoting member of the Board’’ after ‘‘Amtrak’’; and 
(C) in subparagraph (C) by striking ‘‘7’’ and inserting 
‘‘8’’; and 
(2) in subsection (e), by inserting ‘‘who are eligible to vote’’ 
after ‘‘serving’’. 
SEC. 11206. ROUTE AND SERVICE PLANNING DECISIONS. 
Section 208 of the Passenger Rail Investment and Improvement 
Act of 2008 (49 U.S.C. 24101 note) is amended to read as follows: 
‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLAN-
NING DECISIONS. 
‘‘(a) METHODOLOGY DEVELOPMENT.—Not later than 180 days 
after the date of enactment of the Passenger Rail Reform and 
Investment Act of 2015, Amtrak shall obtain the services of an 
independent entity to develop and recommend objective methodolo-
gies for Amtrak to use in determining what intercity rail passenger 
transportation routes and services it should provide, including the 
establishment of new routes, the elimination of existing routes, 
and the contraction or expansion of services or frequencies over 
such routes. 
‘‘(b) CONSIDERATIONS.—Amtrak shall require the independent 
entity, in developing the methodologies described in subsection (a), 
to consider— 
‘‘(1) the current and expected performance and service 
quality of intercity rail passenger transportation operations, 
including cost recovery, on-time performance, ridership, on- 
board services, stations, facilities, equipment, and other serv-
ices; 
‘‘(2) the connectivity of a route with other routes; 
49 USC 24701. 
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129 STAT. 1638 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(3) the transportation needs of communities and popu-
lations that are not well served by intercity rail passenger 
transportation service or by other forms of intercity transpor-
tation; 
‘‘(4) the methodologies of Amtrak and major intercity rail 
passenger transportation service providers in other countries 
for determining intercity passenger rail routes and services; 
‘‘(5) the financial and operational effects on the overall 
network, including the effects on direct and indirect costs; 
‘‘(6) the views of States, rail carriers that own infrastruc-
ture over which Amtrak operates, Interstate Compacts estab-
lished by Congress and States, Amtrak employee representa-
tives, stakeholder organizations, and other interested parties; 
and 
‘‘(7) the funding levels that will be available under 
authorization levels that have been enacted into law. 
‘‘(c) RECOMMENDATIONS.—Not later than 1 year after the date 
of enactment of the Passenger Rail Reform and Investment Act 
of 2015, Amtrak shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
the recommendations developed by the independent entity under 
subsection (a). 
‘‘(d) CONSIDERATION
OF RECOMMENDATIONS.—Not later than 
90 days after the date on which the recommendations are trans-
mitted under subsection (c), the Amtrak Board of Directors shall 
consider the adoption of each recommendation and transmit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report explaining the reasons 
for adopting or not adopting each recommendation.’’. 
SEC. 11207. FOOD AND BEVERAGE REFORM. 
(a) AMENDMENT.—Chapter 243 of title 49, United States Code, 
is further amended by adding at the end the following new section: 
‘‘§ 24321. Food and beverage reform 
‘‘(a) PLAN.—Not later than 90 days after the date of enactment 
of the Passenger Rail Reform and Investment Act of 2015, Amtrak 
shall develop and begin implementing a plan to eliminate, within 
5 years of such date of enactment, the operating loss associated 
with providing food and beverage service on board Amtrak trains. 
‘‘(b) CONSIDERATIONS.—In developing and implementing the 
plan, Amtrak shall consider a combination of cost management 
and revenue generation initiatives, including— 
‘‘(1) scheduling optimization; 
‘‘(2) on-board logistics; 
‘‘(3) product development and supply chain efficiency; 
‘‘(4) training, awards, and accountability; 
‘‘(5) technology enhancements and process improvements; 
and 
‘‘(6) ticket revenue allocation. 
‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no Amtrak 
employee holding a position as of the date of enactment of the 
Passenger Rail Reform and Investment Act of 2015 is involuntarily 
separated because of— 
40 USC 24321 
note. 
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129 STAT. 1639 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) the development and implementation of the plan 
required under subsection (a); or 
‘‘(2) any other action taken by Amtrak to implement this 
section. 
‘‘(d) NO FEDERAL FUNDING FOR OPERATING LOSSES.—Beginning 
on the date that is 5 years after the date of enactment of the 
Passenger Rail Reform and Investment Act of 2015, no Federal 
funds may be used to cover any operating loss associated with 
providing food and beverage service on a route operated by Amtrak 
or a rail carrier that operates a route in lieu of Amtrak pursuant 
to section 24711. 
‘‘(e) REPORT.—Not later than 120 days after the date of enact-
ment of the Passenger Rail Reform and Investment Act of 2015, 
and annually thereafter for 5 years, Amtrak shall transmit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the plan developed 
pursuant to subsection (a) and a description of progress in the 
implementation of the plan.’’. 
(b) CONFORMING AMENDMENT.—The table of sections for chapter 
243 of title 49, United States Code, is further amended by adding 
at the end the following new item: 
‘‘24321. Food and beverage reform.’’. 
SEC. 11208. ROLLING STOCK PURCHASES. 
(a) AMENDMENT.—Chapter 243 of title 49, United States Code, 
is further amended by adding at the end the following new section: 
‘‘§ 24322. Rolling stock purchases 
‘‘(a) IN GENERAL.—Prior to entering into any contract in excess 
of $100,000,000 for rolling stock and locomotive procurements 
Amtrak shall submit a business case analysis to the Secretary 
of Transportation, the Committee on Commerce, Science, and 
Transportation and the Committee on Appropriations of the Senate 
and the Committee on Transportation and Infrastructure and the 
Committee on Appropriations of the House of Representatives, on 
the utility of such procurements. 
‘‘(b) CONTENTS.—The business case analysis shall— 
‘‘(1) include a cost and benefit comparison that describes 
the total lifecycle costs and the anticipated benefits related 
to revenue, operational efficiency, reliability, and other factors; 
‘‘(2) set forth the total payments by fiscal year; 
‘‘(3) identify the specific source and amounts of funding 
for each payment, including Federal funds, State funds, Amtrak 
profits, Federal, State, or private loans or loan guarantees, 
and other funding; 
‘‘(4) include an explanation of whether any payment under 
the contract will increase Amtrak’s funding request in its gen-
eral and legislative annual report required under section 
24315(b) in a particular fiscal year; and 
‘‘(5) describe how Amtrak will adjust the procurement if 
future funding is not available. 
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in this section shall 
be construed as requiring Amtrak to disclose confidential informa-
tion regarding a potential vendor’s proposed pricing or other sen-
sitive business information prior to contract execution or prohibiting 
49 USC 24322. 
49 USC 
prec. 24301. 
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129 STAT. 1640 
PUBLIC LAW 114–94—DEC. 4, 2015 
Amtrak from entering into a contract after submission of a business 
case analysis under subsection (a).’’. 
(b) CONFORMING AMENDMENT.—The table of sections for chapter 
243 of title 49, United States Code, is further amended by adding 
at the end the following new item: 
‘‘24322. Rolling stock purchases.’’. 
SEC. 11209. LOCAL PRODUCTS AND PROMOTIONAL EVENTS. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, Amtrak shall establish a pilot program 
for a State or States that sponsor a State-supported route operated 
by Amtrak to facilitate— 
(1) onboard purchase and sale of local food and beverage 
products; and 
(2) partnerships with local entities to hold promotional 
events on trains or in stations. 
(b) PROGRAM DESIGN.—The pilot program under paragraph (1) 
shall— 
(1) allow a State or States to nominate and select a local 
food and beverage products supplier or suppliers or local pro-
motional event partner; 
(2) allow a State or States to charge a reasonable price 
or fee for local food and beverage products or promotional 
events and related activities to help defray the costs of program 
administration and State-supported routes; and 
(3) provide a mechanism to ensure that State products 
can effectively be handled and integrated into existing food 
and beverage services, including compliance with all applicable 
regulations and standards governing such services. 
(c) PROGRAM ADMINISTRATION.—The pilot program shall— 
(1) for local food and beverage products, ensure the products 
are integrated into existing food and beverage services, 
including compliance with all applicable regulations and stand-
ards; 
(2) for promotional events, ensure the events are held in 
compliance with all applicable regulations and standards, 
including terms to address insurance requirements; and 
(3) require an annual report that documents revenues and 
costs and indicates whether the products or events resulted 
in a reduction in the financial contribution of a State or States 
to the applicable State-supported route. 
(d) REPORT.—Not later than 4 years after the date of enactment 
of this Act, Amtrak shall report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
on which States have participated in the pilot programs under 
this section. The report shall summarize the financial and oper-
ational outcomes of the pilot programs and include any plan for 
future action. 
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as limiting Amtrak’s ability to operate special trains 
in accordance with section 216 of the Passenger Rail Investment 
and Improvement Act of 2008 (49 U.S.C. 24308 note). 
49 USC 24305 
note. 
49 USC 24301. 
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129 STAT. 1641 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 11210. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANS-
PORTING DOMESTICATED CATS AND DOGS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, Amtrak shall develop a pilot program that allows 
passengers to transport domesticated cats or dogs on certain trains 
operated by Amtrak. 
(b) PET POLICY.—In developing the pilot program required 
under subsection (a), Amtrak shall— 
(1) in the case of a passenger train that is comprised 
of more than 1 car, designate, where feasible, at least 1 car 
in which a ticketed passenger may transport a domesticated 
cat or dog in the same manner as carry-on baggage if— 
(A) the cat or dog is contained in a pet kennel; 
(B) the pet kennel complies with Amtrak size require-
ments for carriage of carry-on baggage; 
(C) the passenger is traveling on a train operating 
on a route described in subparagraph (A), (B), or (D) of 
section 24102(7) of title 49, United States Code; and 
(D) the passenger pays a fee described in paragraph 
(3); 
(2) allow a ticketed passenger to transport a domesticated 
cat or dog on a train in the same manner as cargo if— 
(A) the cat or dog is contained in a pet kennel; 
(B) the pet kennel complies with Amtrak size require-
ments for carriage of carry-on baggage; 
(C) the passenger is traveling on a train operating 
on a route described in subparagraph (A), (B), or (D) of 
section 24102(7) of title 49, United States Code; 
(D) the cargo area is temperature controlled in a 
manner protective of cat and dog safety and health; and 
(E) the passenger pays a fee described in paragraph 
(3); and 
(3) collect fees for each cat or dog transported by a ticketed 
passenger in an amount that, in the aggregate and at a min-
imum, covers the full costs of the pilot program. 
(c) REPORT.—Not later than 1 year after the pilot program 
required under subsection (a) is first implemented, Amtrak shall 
transmit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report containing 
an evaluation of the pilot program. 
(d) LIMITATION ON STATUTORY CONSTRUCTION.— 
(1) SERVICE ANIMALS.—The pilot program under subsection 
(a) shall be separate from and in addition to the policy gov-
erning Amtrak passengers traveling with service animals. 
Nothing in this section may be interpreted to limit or waive 
the rights of passengers to transport service animals. 
(2) ADDITIONAL TRAIN CARS.—Nothing in this section may 
be interpreted to require Amtrak to add additional train cars 
or modify existing train cars. 
(3) FEDERAL FUNDS.—No Federal funds may be used to 
implement the pilot program required under this section. 
SEC. 11211. RIGHT-OF-WAY LEVERAGING. 
(a) REQUEST FOR PROPOSALS.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, Amtrak shall issue a Request for 
49 USC 24305 
note. 
49 USC 24305 
note. 
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129 STAT. 1642 
PUBLIC LAW 114–94—DEC. 4, 2015 
Proposals seeking qualified persons or entities to utilize right- 
of-way and real estate owned, controlled, or managed by 
Amtrak for telecommunications systems, energy distribution 
systems, and other activities considered appropriate by Amtrak. 
(2) CONTENTS.—The Request for Proposals shall provide 
sufficient information on the right-of-way and real estate assets 
to enable respondents to propose an arrangement that will 
monetize or generate additional revenue from such assets 
through revenue sharing or leasing agreements with Amtrak, 
to the extent possible. 
(3) DEADLINE.—Amtrak shall set a deadline for the submis-
sion of proposals that is not later than 1 year after the issuance 
of the Request for Proposals under paragraph (1). 
(b) CONSIDERATION OF PROPOSALS.—Not later than 180 days 
after the deadline for the receipt of proposals under subsection 
(a), the Amtrak Board of Directors shall review and consider each 
qualified proposal. Amtrak may enter into such agreements as 
are necessary to implement any qualified proposal. 
(c) REPORT.—Not later than 1 year after the deadline for the 
receipt of proposals under subsection (a), Amtrak shall transmit 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report on the Request for Pro-
posals required by this section, including summary information 
of any proposals submitted to Amtrak and any proposals accepted 
by the Amtrak Board of Directors. 
(d) SAVINGS CLAUSE.—Nothing in this section shall be construed 
to limit Amtrak’s ability to utilize right-of-way or real estate assets 
that it currently owns, controls, or manages or constrain Amtrak’s 
ability to enter into agreements with other parties to utilize such 
assets. 
SEC. 11212. STATION DEVELOPMENT. 
(a) REPORT ON DEVELOPMENT OPTIONS.—Not later than 1 year 
after the date of enactment of this Act, Amtrak shall submit a 
report to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives that describes— 
(1) options to enhance economic development and accessi-
bility of and around Amtrak stations and terminals, for the 
purposes of— 
(A) improving station condition, functionality, capacity, 
and customer amenities; 
(B) generating additional investment capital and 
development-related revenue streams; 
(C) increasing ridership and revenue; and 
(D) strengthening multimodal connections, including 
transit, intercity buses, roll-on and roll-off bicycles, and 
airports, as appropriate; and 
(2) options for additional Amtrak stops that would have 
a positive incremental financial impact to Amtrak, based on 
Amtrak feasibility studies that demonstrate a financial benefit 
to Amtrak by generating additional revenue that exceeds any 
incremental costs. 
(b) REQUEST FOR INFORMATION.—Not later than 90 days after 
the date the report is submitted under subsection (a), Amtrak 
shall issue a Request for Information for 1 or more owners of 
49 USC 24305 
note. 
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129 STAT. 1643 
PUBLIC LAW 114–94—DEC. 4, 2015 
stations served by Amtrak to formally express an interest in com-
pleting the requirements of this section. 
(c) PROPOSALS.— 
(1) REQUEST
FOR
PROPOSALS.—Not later than 180 days 
after the date the Request for Information is issued under 
subsection (b), Amtrak shall issue a Request for Proposals 
from qualified persons, including small business concerns 
owned and controlled by socially and economically disadvan-
taged individuals and veteran-owned small businesses, to lead, 
participate, or partner with Amtrak, a station owner that 
responded under subsection (b), and other entities in enhancing 
development in and around such stations and terminals using 
applicable options identified under subsection (a) at facilities 
selected by Amtrak. 
(2) CONSIDERATION OF PROPOSALS.—Not later than 1 year 
after the date the Request for Proposals is issued under para-
graph (1), the Amtrak Board of Directors shall review and 
consider qualified proposals submitted under paragraph (1). 
Amtrak or a station owner that responded under subsection 
(b) may enter into such agreements as are necessary to imple-
ment any qualified proposal. 
(d) REPORT.—Not later than 4 years after the date of enactment 
of this Act, Amtrak shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
a report on the Request for Proposals process required under this 
section, including summary information of any qualified proposals 
submitted to Amtrak and any proposals acted upon by Amtrak 
or a station owner that responded under subsection (b). 
(e) DEFINITIONS.—In this section, the terms ‘‘small business 
concern’’, ‘‘socially and economically disadvantaged individual’’, and 
‘‘veteran-owned small business’’ have the meanings given the terms 
in section 11310(c) of this Act. 
(f) SAVINGS CLAUSE.—Nothing in this section shall be construed 
to limit Amtrak’s ability to develop its stations, terminals, or other 
assets, to constrain Amtrak’s ability to enter into and carry out 
agreements with other parties to enhance development at or around 
Amtrak stations or terminals, or to affect any station development 
initiatives ongoing as of the date of enactment of this Act. 
SEC. 11213. AMTRAK BOARDING PROCEDURES. 
(a) REPORT.—Not later than 9 months after the date of enact-
ment of this Act, the Amtrak Office of Inspector General shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives that— 
(1) evaluates Amtrak’s boarding procedures for passengers, 
including passengers using or transporting nonmotorized 
transportation, such as bicycles, at its 15 stations through 
which the most people pass; 
(2) compares Amtrak’s boarding procedures to— 
(A) boarding procedures of providers of commuter rail-
road passenger transportation at stations shared with 
Amtrak; 
(B) international intercity passenger rail boarding 
procedures; and 
(C) fixed guideway transit boarding procedures; and 
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129 STAT. 1644 
PUBLIC LAW 114–94—DEC. 4, 2015 
(3) makes recommendations, as appropriate, to improve 
Amtrak’s boarding procedures, including recommendations 
regarding the queuing of passengers and free-flow of all station 
users and facility improvements needed to achieve the rec-
ommendations. 
(b) CONSIDERATION OF RECOMMENDATIONS.—Not later than 6 
months after the report is submitted under subsection (a), the 
Amtrak Board of Directors shall consider each recommendation 
provided under subsection (a)(3) for implementation at appropriate 
locations across the Amtrak system. 
SEC. 11214. AMTRAK DEBT. 
Section 205 of the Passenger Rail Investment and Improvement 
Act of 2008 (49 U.S.C. 24101 note) is amended— 
(1) by striking ‘‘as of the date of enactment of this Act’’ 
each place it appears; 
(2) in subsection (a)— 
(A) by inserting ‘‘, to the extent provided in advance 
in appropriations Acts’’ after ‘‘Amtrak’s indebtedness’’; and 
(B) by striking the second sentence; 
(3) in subsection (b) by striking ‘‘The Secretary of the 
Treasury, in consultation’’ and inserting ‘‘To the extent amounts 
are provided in advance in appropriations Acts, the Secretary 
of the Treasury, in consultation’’; 
(4) in subsection (d), by inserting ‘‘, to the extent provided 
in advance in appropriations Acts’’ after ‘‘as appropriate’’; 
(5) in subsection (e)— 
(A) in paragraph (1) by striking ‘‘by section 102 of 
this division’’; and 
(B) in paragraph (2) by striking ‘‘by section 102’’ and 
inserting ‘‘for Amtrak’’; 
(6) in subsection (g) by inserting ‘‘, unless that debt receives 
credit assistance, including direct loans and loan guarantees, 
under chapter 6 of title 23, United States Code or title V 
of the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 821 et seq.)’’ after ‘‘Secretary’’; and 
(7) by striking subsection (h). 
SEC. 11215. ELIMINATION OF DUPLICATIVE REPORTING. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall— 
(1) review existing Amtrak reporting requirements and 
identify where the existing requirements are duplicative with 
the business line and asset plans required by section 24320 
of title 49, United States Code, or any other planning or 
reporting requirements under Federal law or regulation; 
(2) if the duplicative requirements identified under para-
graph (1) are administrative, eliminate such requirements; and 
(3) submit to Congress a report with any recommendations 
for repealing any other duplicative requirements. 
Subtitle C—Intercity Passenger Rail Policy 
SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
IMPROVEMENTS. 
(a) IN GENERAL.—Chapter 244 of title 49, United States Code, 
is amended by adding at the end the following: 
49 USC 24320 
note. 
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129 STAT. 1645 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘§ 24407. 
Consolidated 
rail 
infrastructure 
and 
safety 
improvements 
‘‘(a) GENERAL AUTHORITY.—The Secretary may make grants 
under this section to an eligible recipient to assist in financing 
the cost of improving passenger and freight rail transportation 
systems in terms of safety, efficiency, or reliability. 
‘‘(b) ELIGIBLE RECIPIENTS.—The following entities are eligible 
to receive a grant under this section: 
‘‘(1) A State. 
‘‘(2) A group of States. 
‘‘(3) An Interstate Compact. 
‘‘(4) A public agency or publicly chartered authority estab-
lished by 1 or more States. 
‘‘(5) A political subdivision of a State. 
‘‘(6) Amtrak or another rail carrier that provides intercity 
rail passenger transportation (as defined in section 24102). 
‘‘(7) A Class II railroad or Class III railroad (as those 
terms are defined in section 20102). 
‘‘(8) Any rail carrier or rail equipment manufacturer in 
partnership with at least 1 of the entities described in para-
graphs (1) through (5). 
‘‘(9) The Transportation Research Board and any entity 
with which it contracts in the development of rail-related 
research, including cooperative research programs. 
‘‘(10) A University transportation center engaged in rail- 
related research. 
‘‘(11) A non-profit labor organization representing a class 
or craft of employees of rail carriers or rail carrier contractors. 
‘‘(c) ELIGIBLE PROJECTS.—The following projects are eligible 
to receive grants under this section: 
‘‘(1) Deployment of railroad safety technology, including 
positive train control and rail integrity inspection systems. 
‘‘(2) A capital project as defined in section 24401(2), except 
that a project shall not be required to be in a State rail 
plan developed under chapter 227. 
‘‘(3) A capital project identified by the Secretary as being 
necessary to address congestion challenges affecting rail service. 
‘‘(4) A capital project identified by the Secretary as being 
necessary to reduce congestion and facilitate ridership growth 
in intercity passenger rail transportation along heavily traveled 
rail corridors. 
‘‘(5) A highway-rail grade crossing improvement project, 
including installation, repair, or improvement of grade separa-
tions, railroad crossing signals, gates, and related technologies, 
highway traffic signalization, highway lighting and crossing 
approach signage, roadway improvements such as medians or 
other barriers, railroad crossing panels and surfaces, and safety 
engineering improvements to reduce risk in quiet zones or 
potential quiet zones. 
‘‘(6) A rail line relocation and improvement project. 
‘‘(7) A capital project to improve short-line or regional rail-
road infrastructure. 
‘‘(8) The preparation of regional rail and corridor service 
development plans and corresponding environmental analyses. 
‘‘(9) Any project that the Secretary considers necessary 
to enhance multimodal connections or facilitate service integra-
tion between rail service and other modes, including between 
49 USC 24407. 
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129 STAT. 1646 
PUBLIC LAW 114–94—DEC. 4, 2015 
intercity rail passenger transportation and intercity bus service 
or commercial air service. 
‘‘(10) The development and implementation of a safety pro-
gram or institute designed to improve rail safety. 
‘‘(11) Any research that the Secretary considers necessary 
to advance any particular aspect of rail-related capital, oper-
ations, or safety improvements. 
‘‘(12) Workforce development and training activities, coordi-
nated to the extent practicable with the existing local training 
programs supported by the Department of Transportation, the 
Department of Labor, and the Department of Education. 
‘‘(d) APPLICATION PROCESS.—The Secretary shall prescribe the 
form and manner of filing an application under this section. 
‘‘(e) PROJECT SELECTION CRITERIA.— 
‘‘(1) IN GENERAL.—In selecting a recipient of a grant for 
an eligible project, the Secretary shall— 
‘‘(A) give preference to a proposed project for which 
the proposed Federal share of total project costs does not 
exceed 50 percent; and 
‘‘(B) after factoring in preference to projects under 
subparagraph (A), select projects that will maximize the 
net benefits of the funds appropriated for use under this 
section, considering the cost-benefit analysis of the pro-
posed project, including anticipated private and public 
benefits relative to the costs of the proposed project and 
factoring in the other considerations described in paragraph 
(2). 
‘‘(2) OTHER CONSIDERATIONS.—The Secretary shall also con-
sider the following: 
‘‘(A) The degree to which the proposed project’s busi-
ness plan considers potential private sector participation 
in the financing, construction, or operation of the project. 
‘‘(B) The recipient’s past performance in developing 
and delivering similar projects, and previous financial con-
tributions. 
‘‘(C) Whether the recipient has or will have the legal, 
financial, and technical capacity to carry out the proposed 
project, satisfactory continuing control over the use of the 
equipment or facilities, and the capability and willingness 
to maintain the equipment or facilities. 
‘‘(D) If applicable, the consistency of the proposed 
project with planning guidance and documents set forth 
by the Secretary or required by law or State rail plans 
developed under chapter 227. 
‘‘(E) If applicable, any technical evaluation ratings the 
proposed project received under previous competitive grant 
programs administered by the Secretary. 
‘‘(F) Such other factors as the Secretary considers rel-
evant to the successful delivery of the project. 
‘‘(3) BENEFITS.—The benefits described in paragraph (1)(B) 
may include the effects on system and service performance, 
including measures such as improved safety, competitiveness, 
reliability, trip or transit time, resilience, efficiencies from 
improved integration with other modes, the ability to meet 
existing or anticipated demand, and any other benefits. 
‘‘(f) PERFORMANCE MEASURES.—The Secretary shall establish 
performance measures for each grant recipient to assess progress 
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129 STAT. 1647 
PUBLIC LAW 114–94—DEC. 4, 2015 
in achieving strategic goals and objectives. The Secretary may 
require a grant recipient to periodically report information related 
to such performance measures. 
‘‘(g) RURAL AREAS.— 
‘‘(1) IN GENERAL.—Of the amounts appropriated under this 
section, at least 25 percent shall be available for projects in 
rural areas. The Secretary shall consider a project to be in 
a rural area if all or the majority of the project (determined 
by the geographic location or locations where the majority 
of the project funds will be spent) is located in a rural area. 
‘‘(2) DEFINITION OF RURAL AREA.—In this subsection, the 
term ‘rural area’ means any area not in an urbanized area, 
as defined by the Bureau of the Census. 
‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(1) TOTAL PROJECT COSTS.—The Secretary shall estimate 
the total costs of a project under this section based on the 
best available information, including any available engineering 
studies, studies of economic feasibility, environmental analyses, 
and information on the expected use of equipment or facilities. 
‘‘(2) FEDERAL SHARE.—The Federal share of total project 
costs under this section shall not exceed 80 percent. 
‘‘(3) TREATMENT OF PASSENGER RAIL REVENUE.—If Amtrak 
or another rail carrier is an applicant under this section, 
Amtrak or the other rail carrier, as applicable, may use ticket 
and other revenues generated from its operations and other 
sources to satisfy the non-Federal share requirements. 
‘‘(i) APPLICABILITY.—Except as specifically provided in this sec-
tion, the use of any amounts appropriated for grants under this 
section shall be subject to the requirements of this chapter. 
‘‘(j) AVAILABILITY.—Amounts appropriated for carrying out this 
section shall remain available until expended. 
‘‘(k) LIMITATION.—The requirements of sections 24402, 24403, 
and 24404 and the definition contained in 24401(1) shall not apply 
to this section. 
‘‘(l) SPECIAL TRANSPORTATION CIRCUMSTANCES.— 
‘‘(1) IN GENERAL.—In carrying out this chapter, the Sec-
retary shall allocate an appropriate portion of the amounts 
available to programs in this chapter to provide grants to 
States— 
‘‘(A) in which there is no intercity passenger rail 
service, for the purpose of funding freight rail capital 
projects that are on a State rail plan developed under 
chapter 227 that provide public benefits (as defined in 
chapter 227), as determined by the Secretary; or 
‘‘(B) in which the rail transportation system is not 
physically connected to rail systems in the continental 
United States or may not otherwise qualify for a grant 
under this section due to the unique characteristics of 
the geography of that State or other relevant consider-
ations, for the purpose of funding transportation-related 
capital projects. 
‘‘(2) DEFINITION.—For the purposes of this subsection, the 
term ‘appropriate portion’ means a share, for each State subject 
to paragraph (1), not less than the share of the total railroad 
route miles in such State of the total railroad route miles 
in the United States, excluding from all totals the route miles 
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129 STAT. 1648 
PUBLIC LAW 114–94—DEC. 4, 2015 
exclusively used for tourist, scenic, and excursion railroad oper-
ations.’’. 
(b) CONFORMING AMENDMENT.—The table of contents of chapter 
244 of title 49, United States Code, is amended by adding after 
the item relating to section 24406 the following: 
‘‘24407. Consolidated rail infrastructure and safety improvements.’’. 
(c) REPEALS.— 
(1) Sections 20154 and 20167 of chapter 201 of title 49, 
United States Code, and the items relating to such sections 
in the table of contents of such chapter, are repealed. 
(2) Section 24105 of chapter 241 of title 49, United States 
Code, and the item relating to such section in the table of 
contents of such chapter, is repealed. 
(3) Chapter 225 of title 49, United States Code, and the 
item relating to such chapter in the table of contents of subtitle 
V of such title, is repealed. 
(4) Section 22108 of chapter 221 of title 49, United States 
Code, and the item relating to such section in the table of 
contents of such chapter, are repealed. 
SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 
REPAIR. 
(a) AMENDMENT.—Chapter 249 of title 49, United States Code, 
is amended by inserting after section 24910 the following: 
‘‘§ 24911. Federal-State partnership for state of good repair 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) APPLICANT.—The term ‘applicant’ means— 
‘‘(A) a State (including the District of Columbia); 
‘‘(B) a group of States; 
‘‘(C) an Interstate Compact; 
‘‘(D) a public agency or publicly chartered authority 
established by 1 or more States; 
‘‘(E) a political subdivision of a State; 
‘‘(F) Amtrak, acting on its own behalf or under a 
cooperative agreement with 1 or more States; or 
‘‘(G) any combination of the entities described in sub-
paragraphs (A) through (F). 
‘‘(2) CAPITAL PROJECT.—The term ‘capital project’ means— 
‘‘(A) a project primarily intended to replace, rehabili-
tate, or repair major infrastructure assets utilized for pro-
viding intercity rail passenger service, including tunnels, 
bridges, stations, and other assets, as determined by the 
Secretary; or 
‘‘(B) a project primarily intended to improve intercity 
passenger rail performance, including reduced trip times, 
increased train frequencies, higher operating speeds, and 
other improvements, as determined by the Secretary. 
‘‘(3) INTERCITY
RAIL
PASSENGER
TRANSPORTATION.—The 
term ‘intercity rail passenger transportation’ has the meaning 
given the term in section 24102. 
‘‘(4) NORTHEAST CORRIDOR.—The term ‘Northeast Corridor’ 
means— 
‘‘(A) the main rail line between Boston, Massachusetts 
and the District of Columbia; 
49 USC 24911. 
49 USC 
prec. 22101. 
49 USC 
prec. 20101. 
49 USC 
prec. 24101. 
49 USC 
prec. 24401. 
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129 STAT. 1649 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) the branch rail lines connecting to Harrisburg, 
Pennsylvania, Springfield, Massachusetts, and Spuyten 
Duyvil, New York; and 
‘‘(C) facilities and services used to operate and main-
tain lines described in subparagraphs (A) and (B). 
‘‘(5) QUALIFIED RAILROAD ASSET.—The term ‘qualified rail-
road asset’ means infrastructure, equipment, or a facility that— 
‘‘(A) is owned or controlled by an eligible applicant; 
‘‘(B) is contained in the planning document developed 
under section 24904 and for which a cost-allocation policy 
has been developed under section 24905(c), or is contained 
in an equivalent planning document and for which a similar 
cost-allocation policy has been developed; and 
‘‘(C) was not in a state of good repair on the date 
of enactment of the Passenger Rail Reform and Investment 
Act of 2015. 
‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary of Transpor-
tation shall develop and implement a program for issuing grants 
to applicants, on a competitive basis, to fund capital projects that 
reduce the state of good repair backlog with respect to qualified 
railroad assets. 
‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for grants under this 
section include capital projects to replace or rehabilitate qualified 
railroad assets, including— 
‘‘(1) capital projects to replace existing assets in-kind; 
‘‘(2) capital projects to replace existing assets with assets 
that increase capacity or provide a higher level of service; 
‘‘(3) capital projects to ensure that service can be main-
tained while existing assets are brought to a state of good 
repair; and 
‘‘(4) capital projects to bring existing assets into a state 
of good repair. 
‘‘(d) PROJECT SELECTION CRITERIA.—In selecting an applicant 
for a grant under this section, the Secretary shall— 
‘‘(1) give preference to eligible projects for which— 
‘‘(A) Amtrak is not the sole applicant; 
‘‘(B) applications were submitted jointly by multiple 
applicants; and 
‘‘(C) the proposed Federal share of total project costs 
does not exceed 50 percent; and 
‘‘(2) take into account— 
‘‘(A) the cost-benefit analysis of the proposed project, 
including anticipated private and public benefits relative 
to the costs of the proposed project, including— 
‘‘(i) effects on system and service performance; 
‘‘(ii) effects on safety, competitiveness, reliability, 
trip or transit time, and resilience; 
‘‘(iii) efficiencies from improved integration with 
other modes; and 
‘‘(iv) ability to meet existing or anticipated 
demand; 
‘‘(B) the degree to which the proposed project’s business 
plan considers potential private sector participation in the 
financing, construction, or operation of the proposed project; 
‘‘(C) the applicant’s past performance in developing 
and delivering similar projects, and previous financial con-
tributions; 
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129 STAT. 1650 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(D) whether the applicant has, or will have— 
‘‘(i) the legal, financial, and technical capacity to 
carry out the project; 
‘‘(ii) satisfactory continuing control over the use 
of the equipment or facilities; and 
‘‘(iii) the capability and willingness to maintain 
the equipment or facilities; 
‘‘(E) if applicable, the consistency of the project with 
planning guidance and documents set forth by the Sec-
retary or required by law; and 
‘‘(F) any other relevant factors, as determined by the 
Secretary. 
‘‘(e) NORTHEAST CORRIDOR PROJECTS.— 
‘‘(1) COMPLIANCE WITH USAGE AGREEMENTS.—Grant funds 
may not be provided under this section to an eligible recipient 
for an eligible project located on the Northeast Corridor unless 
Amtrak and the public authorities providing commuter rail 
passenger transportation on the Northeast Corridor are in 
compliance with section 24905(c)(2). 
‘‘(2) CAPITAL INVESTMENT PLAN.—When selecting projects 
located on the Northeast Corridor, the Secretary shall consider 
the appropriate sequence and phasing of projects as contained 
in the Northeast Corridor capital investment plan developed 
pursuant to section 24904(a). 
‘‘(f) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(1) TOTAL PROJECT COST.—The Secretary shall estimate 
the total cost of a project under this section based on the 
best available information, including engineering studies, 
studies of economic feasibility, environmental analyses, and 
information on the expected use of equipment or facilities. 
‘‘(2) FEDERAL SHARE.—The Federal share of total costs for 
a project under this section shall not exceed 80 percent. 
‘‘(3) TREATMENT OF AMTRAK REVENUE.—If Amtrak is an 
applicant under this section, Amtrak may use ticket and other 
revenues generated from its operations and other sources to 
satisfy the non-Federal share requirements. 
‘‘(g) LETTERS OF INTENT.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the maximum 
extent practicable, issue a letter of intent to a grantee under 
this section that— 
‘‘(A) announces an intention to obligate, for a major 
capital project under this section, an amount from future 
available budget authority specified in law that is not 
more than the amount stipulated as the financial participa-
tion of the Secretary in the project; and 
‘‘(B) states that the contingent commitment— 
‘‘(i) is not an obligation of the Federal Government; 
and 
‘‘(ii) is subject to the availability of appropriations 
for grants under this section and subject to Federal 
laws in force or enacted after the date of the contingent 
commitment. 
‘‘(2) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 30 days before 
issuing a letter under paragraph (1), the Secretary shall 
submit written notification to— 
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129 STAT. 1651 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) the Committee on Commerce, Science, and 
Transportation of the Senate; 
‘‘(ii) the Committee on Appropriations of the 
Senate; 
‘‘(iii) the Committee on Transportation and Infra-
structure of the House of Representatives; and 
‘‘(iv) the Committee on Appropriations of the House 
of Representatives. 
‘‘(B) CONTENTS.—The notification submitted pursuant 
to subparagraph (A) shall include— 
‘‘(i) a copy of the proposed letter; 
‘‘(ii) the criteria used under subsection (d) for 
selecting the project for a grant award; and 
‘‘(iii) a description of how the project meets such 
criteria. 
‘‘(3) APPROPRIATIONS REQUIRED.—An obligation or adminis-
trative commitment may be made under this section only when 
amounts are appropriated for such purpose. 
‘‘(h) AVAILABILITY.—Amounts appropriated for carrying out this 
section shall remain available until expended. 
‘‘(i) GRANT CONDITIONS.—Except as specifically provided in this 
section, the use of any amounts appropriated for grants under 
this section shall be subject to the grant conditions under section 
24405.’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 249 is amended by inserting after the item relating to 
section 24910 the following: 
‘‘24911. Federal-State partnership for state of good repair.’’. 
SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS. 
(a) IN GENERAL.—Chapter 244 of title 49, United States Code, 
is further amended by adding at the end the following: 
‘‘§ 24408. Restoration and enhancement grants 
‘‘(a) APPLICANT DEFINED.—Notwithstanding section 24401(1), 
in this section, the term ‘applicant’ means— 
‘‘(1) a State, including the District of Columbia; 
‘‘(2) a group of States; 
‘‘(3) an Interstate Compact; 
‘‘(4) a public agency or publicly chartered authority estab-
lished by 1 or more States; 
‘‘(5) a political subdivision of a State; 
‘‘(6) Amtrak or another rail carrier that provides intercity 
rail passenger transportation; 
‘‘(7) Any rail carrier in partnership with at least 1 of 
the entities described in paragraphs (1) through (5); and 
‘‘(8) any combination of the entities described in paragraphs 
(1) through (7). 
‘‘(b) GRANTS AUTHORIZED.—The Secretary of Transportation 
shall develop and implement a program for issuing operating assist-
ance grants to applicants, on a competitive basis, for the purpose 
of initiating, restoring, or enhancing intercity rail passenger 
transportation. 
‘‘(c) APPLICATION.—An applicant for a grant under this section 
shall submit to the Secretary— 
‘‘(1) a capital and mobilization plan that— 
49 USC 24408. 
49 USC 
prec. 24901. 
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129 STAT. 1652 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) describes any capital investments, service plan-
ning actions (such as environmental reviews), and mobiliza-
tion actions (such as qualification of train crews) required 
for initiation of intercity rail passenger transportation; and 
‘‘(B) includes the timeline for undertaking and com-
pleting each of the investments and actions referred to 
in subparagraph (A); 
‘‘(2) an operating plan that describes the planned operation 
of the service, including— 
‘‘(A) the identity and qualifications of the train oper-
ator; 
‘‘(B) the identity and qualifications of any other service 
providers; 
‘‘(C) service frequency; 
‘‘(D) the planned routes and schedules; 
‘‘(E) the station facilities that will be utilized; 
‘‘(F) projected ridership, revenues, and costs; 
‘‘(G) descriptions of how the projections under subpara-
graph (F) were developed; 
‘‘(H) the equipment that will be utilized, how such 
equipment will be acquired or refurbished, and where such 
equipment will be maintained; and 
‘‘(I) a plan for ensuring safe operations and compliance 
with applicable safety regulations; 
‘‘(3) a funding plan that— 
‘‘(A) describes the funding of initial capital costs and 
operating costs for the first 3 years of operation; 
‘‘(B) includes a commitment by the applicant to provide 
the funds described in subparagraph (A) to the extent 
not covered by Federal grants and revenues; and 
‘‘(C) describes the funding of operating costs and capital 
costs, to the extent necessary, after the first 3 years of 
operation; and 
‘‘(4) a description of the status of negotiations and agree-
ments with— 
‘‘(A) each of the railroads or regional transportation 
authorities whose tracks or facilities would be utilized by 
the service; 
‘‘(B) the anticipated railroad carrier, if such entity is 
not part of the applicant group; and 
‘‘(C) any other service providers or entities expected 
to provide services or facilities that will be used by the 
service, including any required access to Amtrak systems, 
stations, and facilities if Amtrak is not part of the applicant 
group. 
‘‘(d) PRIORITIES.—In awarding grants under this section, the 
Secretary shall give priority to applications— 
‘‘(1) for which planning, design, any environmental reviews, 
negotiation of agreements, acquisition of equipment, construc-
tion, and other actions necessary for initiation of service have 
been completed or nearly completed; 
‘‘(2) that would restore service over routes formerly oper-
ated by Amtrak, including routes described in section 11304 
of the Passenger Rail Reform and Investment Act of 2015; 
‘‘(3) that would provide daily or daytime service over routes 
where such service did not previously exist; 
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129 STAT. 1653 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(4) that include funding (including funding from railroads), 
or other significant participation by State, local, and regional 
governmental and private entities; 
‘‘(5) that include a funding plan that demonstrates the 
intercity rail passenger service will be financially sustainable 
beyond the 3-year grant period; 
‘‘(6) that would provide service to regions and communities 
that are underserved or not served by other intercity public 
transportation; 
‘‘(7) that would foster economic development, particularly 
in rural communities and for disadvantaged populations; 
‘‘(8) that would provide other non-transportation benefits; 
and 
‘‘(9) that would enhance connectivity and geographic cov-
erage of the existing national network of intercity rail passenger 
service. 
‘‘(e) LIMITATIONS.— 
‘‘(1) 
DURATION.—Federal 
operating 
assistance 
grants 
authorized under this section for any individual intercity rail 
passenger transportation route may not provide funding for 
more than 3 years and may not be renewed. 
‘‘(2) LIMITATION.—Not more than 6 of the operating assist-
ance grants awarded pursuant to subsection (b) may be simulta-
neously active. 
‘‘(3) MAXIMUM FUNDING.—Grants described in paragraph 
(1) may not exceed— 
‘‘(A) 80 percent of the projected net operating costs 
for the first year of service; 
‘‘(B) 60 percent of the projected net operating costs 
for the second year of service; and 
‘‘(C) 40 percent of the projected net operating costs 
for the third year of service. 
‘‘(f) USE
WITH
CAPITAL
GRANTS
AND
OTHER
FEDERAL 
FUNDING.—A recipient of an operating assistance grant under sub-
section (b) may use that grant in combination with other Federal 
grants awarded that would benefit the applicable service. 
‘‘(g) AVAILABILITY.—Amounts appropriated for carrying out this 
section shall remain available until expended. 
‘‘(h) COORDINATION WITH AMTRAK.—If the Secretary awards 
a grant under this section to a rail carrier other than Amtrak, 
Amtrak may be required consistent with section 24711(c)(1) of this 
title to provide access to its reservation system, stations, and facili-
ties that are directly related to operations to such carrier, to the 
extent necessary to carry out the purposes of this section. The 
Secretary may award an appropriate portion of the grant to Amtrak 
as compensation for this access. 
‘‘(i) CONDITIONS.— 
‘‘(1) GRANT
AGREEMENT.—The Secretary shall require a 
grant recipient under this section to enter into a grant agree-
ment that requires such recipient to provide similar information 
regarding the route performance, financial, and ridership 
projections, and capital and business plans that Amtrak is 
required to provide, and such other data and information as 
the Secretary considers necessary. 
‘‘(2) INSTALLMENTS; TERMINATION.—The Secretary may— 
‘‘(A) award grants under this section in installments, 
as the Secretary considers appropriate; and 
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129 STAT. 1654 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) terminate any grant agreement upon— 
‘‘(i) the cessation of service; or 
‘‘(ii) the violation of any other term of the grant 
agreement. 
‘‘(3) GRANT CONDITIONS.—The Secretary shall require each 
recipient of a grant under this section to comply with the 
grant requirements of section 24405. 
‘‘(j) REPORT.—Not later than 4 years after the date of enactment 
of the Passenger Rail Reform and Investment Act of 2015, the 
Secretary, after consultation with grant recipients under this sec-
tion, shall submit to Congress a report that describes— 
‘‘(1) the implementation of this section; 
‘‘(2) the status of the investments and operations funded 
by such grants; 
‘‘(3) the performance of the routes funded by such grants; 
‘‘(4) the plans of grant recipients for continued operation 
and funding of such routes; and 
‘‘(5) any legislative recommendations.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) CHAPTER 244.—Chapter 244 of title 49, United States 
Code, is further amended— 
(A) in the table of contents by adding at the end 
the following: 
‘‘24408. Restoration and enhancement grants.’’; 
(B) in the chapter heading by striking ‘‘INTERCITY 
PASSENGER RAIL SERVICE CORRIDOR CAPITAL 
ASSISTANCE’’ and inserting ‘‘RAIL IMPROVEMENT 
GRANTS’’; 
(C) in section 24402 by striking subsection (j); and 
(D) in section 24405— 
(i) in subsection (b)(2) by striking ‘‘(43’’ and 
inserting ‘‘(45’’; 
(ii) in subsection (c)(2)(B) by striking ‘‘protective 
arrangements established’’ and inserting ‘‘protective 
arrangements that are equivalent to the protective 
arrangements established’’; 
(iii) in subsection (d)(1), in the matter preceding 
subparagraph (A), by inserting ‘‘or unless Amtrak 
ceased providing intercity passenger railroad transpor-
tation over the affected route more than 3 years before 
the commencement of new service’’ after ‘‘unless such 
service was provided solely by Amtrak to another 
entity’’; and 
(iv) in subsection (f) by striking ‘‘under this chapter 
for commuter rail passenger transportation, as defined 
in section 24102(4) of this title.’’ and inserting ‘‘under 
this chapter for commuter rail passenger transpor-
tation (as defined in section 24102(3)).’’; and 
(2) TABLE OF CHAPTERS AMENDMENT.—The item relating 
to chapter 244 in the table of chapters of subtitle V of title 
49, United States Code, is amended by striking ‘‘Intercity pas-
senger rail service corridor capital assistance’’ and inserting 
‘‘Rail improvement grants’’. 
49 USC 
prec. 20101. 
49 USC 
prec. 24401. 
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129 STAT. 1655 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 11304. GULF COAST RAIL SERVICE WORKING GROUP. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary shall convene a working group 
to evaluate the restoration of intercity rail passenger service in 
the Gulf Coast region between New Orleans, Louisiana, and 
Orlando, Florida. 
(b) MEMBERSHIP.—The working group convened pursuant to 
subsection (a) shall consist of representatives of— 
(1) the Federal Railroad Administration, which shall serve 
as chair of the working group; 
(2) Amtrak; 
(3) the States along the proposed route or routes; 
(4) regional transportation planning organizations and 
metropolitan 
planning 
organizations, 
municipalities, 
and 
communities along the proposed route or routes, which shall 
be selected by the Administrator; 
(5) the Southern Rail Commission; 
(6) railroad carriers whose tracks may be used for such 
service; and 
(7) other entities determined appropriate by the Secretary, 
which may include other railroad carriers that express an 
interest in Gulf Coast service. 
(c) RESPONSIBILITIES.—The working group shall— 
(1) evaluate all options for restoring intercity rail passenger 
service in the Gulf Coast region, including options outlined 
in the report transmitted to Congress pursuant to section 226 
of the Passenger Rail Investment and Improvement Act of 
2008 (division B of Public Law 110–432); 
(2) select a preferred option for restoring such service; 
(3) develop a prioritized inventory of capital projects and 
other actions required to restore such service and cost estimates 
for such projects or actions; and 
(4) identify Federal and non-Federal funding sources 
required to restore such service, including options for entering 
into public-private partnerships to restore such service. 
(d) REPORT.—Not later than 9 months after the date of enact-
ment of this Act, the working group shall submit a report to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives that includes— 
(1) the preferred option selected under subsection (c)(2) 
and the reasons for selecting such option; 
(2) the information described in subsection (c)(3); 
(3) the funding sources identified under subsection (c)(4); 
(4) the costs and benefits of restoring intercity rail pas-
senger transportation in the region; and 
(5) any other information the working group determines 
appropriate. 
(e) FUNDING.—From funds made available under section 
11101(d), the Secretary shall provide— 
(1) financial assistance to the working group to perform 
requested independent technical analysis of issues before the 
working group; and 
(2) administrative expenses that the Secretary determines 
necessary. 
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129 STAT. 1656 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 11305. NORTHEAST CORRIDOR COMMISSION. 
(a) COMPOSITION.—Section 24905(a) of title 49, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A) by 
inserting ‘‘, infrastructure investments,’’ after ‘‘rail oper-
ations’’; 
(B) by striking subparagraph (B) and inserting the 
following: 
‘‘(B) 
members 
representing 
the 
Department 
of 
Transportation, including the Office of the Secretary, the 
Federal Railroad Administration, and the Federal Transit 
Administration;’’; and 
(C) in subparagraph (D) by inserting ‘‘and commuter’’ 
after ‘‘freight’’; and 
(2) by amending paragraph (6) to read as follows: 
‘‘(6) The members of the Commission shall elect co-chairs 
consisting of 1 member described in paragraph (1)(B) and 1 
member described in paragraph (1)(C).’’. 
(b) STATEMENT
OF GOALS
AND RECOMMENDATIONS.—Section 
24905(b) of title 49, United States Code, is amended— 
(1) in paragraph (1) by inserting ‘‘and periodically update’’ 
after ‘‘develop’’; 
(2) in paragraph (2)(A) by striking ‘‘beyond those specified 
in the state-of-good-repair plan under section 211 of the Pas-
senger Rail Investment and Improvement Act of 2008’’; and 
(3) by adding at the end the following: 
‘‘(3) SUBMISSION OF STATEMENT OF GOALS, RECOMMENDA-
TIONS, AND
PERFORMANCE
REPORTS.—The Commission shall 
submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives— 
‘‘(A) any updates made to the statement of goals devel-
oped under paragraph (1) not later than 60 days after 
such updates are made; and 
‘‘(B) annual performance reports and recommendations 
for improvements, as appropriate, issued not later than 
March 31 of each year, for the prior fiscal year, which 
summarize— 
‘‘(i) the operations and performance of commuter, 
intercity, and freight rail transportation along the 
Northeast Corridor; and 
‘‘(ii) the delivery of the capital investment plan 
described in section 24904.’’. 
(c) COST ALLOCATION POLICY.—Section 24905(c) of title 49, 
United States Code, is amended— 
(1) in the subsection heading by striking ‘‘ACCESS COSTS’’ 
and inserting ‘‘ALLOCATION OF COSTS’’; 
(2) in paragraph (1)— 
(A) in the paragraph heading by striking ‘‘FORMULA’’ 
and inserting ‘‘POLICY’’; 
(B) in the matter preceding subparagraph (A) by 
striking ‘‘Within 2 years after the date of enactment of 
the Passenger Rail Investment and Improvement Act of 
2008, the Commission’’ and inserting ‘‘The Commission’’; 
(C) in subparagraph (A) by striking ‘‘formula’’ and 
inserting ‘‘policy’’; and 
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129 STAT. 1657 
PUBLIC LAW 114–94—DEC. 4, 2015 
(D) by striking subparagraphs (B) through (D) and 
inserting the following: 
‘‘(B) develop a proposed timetable for implementing 
the policy; 
‘‘(C) submit the policy and the timetable developed 
under subparagraph (B) to the Surface Transportation 
Board, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives; 
‘‘(D) not later than October 1, 2015, adopt and imple-
ment the policy in accordance with the timetable; and 
‘‘(E) with the consent of a majority of its members, 
petition the Surface Transportation Board to appoint a 
mediator to assist the Commission members through non-
binding mediation to reach an agreement under this sec-
tion.’’; 
(3) in paragraph (2)— 
(A) by striking ‘‘formula proposed in’’ and inserting 
‘‘policy developed under’’; and 
(B) in the second sentence— 
(i) by striking ‘‘the timetable, the Commission shall 
petition the Surface Transportation Board to’’ and 
inserting ‘‘paragraph (1)(D) or fail to comply with the 
policy thereafter, the Surface Transportation Board 
shall’’; and 
(ii) by striking ‘‘amounts for such services in 
accordance with section 24904(c) of this title’’ and 
inserting ‘‘for such usage in accordance with the proce-
dures and procedural schedule applicable to a pro-
ceeding under section 24903(c), after taking into 
consideration the policy developed under paragraph 
(1)(A), as applicable’’; 
(4) in paragraph (3), by striking ‘‘formula’’ and inserting 
‘‘policy’’; and 
(5) by adding at the end the following: 
‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If a dispute arises 
with the implementation of, or compliance with, the policy 
developed under paragraph (1), the Commission, Amtrak, or 
public authorities providing commuter rail passenger transpor-
tation on the Northeast Corridor may request that the Surface 
Transportation Board conduct dispute resolution. The Surface 
Transportation Board shall establish procedures for resolution 
of disputes brought before it under this paragraph, which may 
include the provision of professional mediation services.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) TITLE 49.—Section 24905 of title 49, United States Code, 
is amended— 
(A) in the section heading by striking ‘‘INFRASTRUC-
TURE AND OPERATIONS ADVISORY’’; 
(B) in subsection (a)— 
(i) in the heading by striking ‘‘INFRASTRUCTURE 
AND OPERATIONS ADVISORY’’; and 
(ii) by striking ‘‘Infrastructure and Operations 
Advisory’’; 
(C) by striking subsection (d); 
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129 STAT. 1658 
PUBLIC LAW 114–94—DEC. 4, 2015 
(D) by redesignating subsections (e) and (f) as sub-
sections (d) and (e), respectively; 
(E) in subsection (d), as so redesignated— 
(i) by striking ‘‘to the Commission’’ and inserting 
‘‘to the Secretary for the use of the Commission and 
the Northeast Corridor Safety Committee’’; and 
(ii) by striking ‘‘for the period encompassing fiscal 
years 2009 through 2013 to carry out this section’’ 
and inserting ‘‘to carry out this section during fiscal 
years 2016 through 2020, in addition to any amounts 
withheld under section 11101(g) of the Passenger Rail 
Reform and Investment Act of 2015’’; and 
(F) in subsection (e)(2), as so redesignated, by striking 
‘‘on the main line.’’ and inserting ‘‘on the main line and 
meet annually with the Commission on the topic of North-
east Corridor safety and security.’’. 
(2) TABLE OF CONTENTS.—The table of contents for chapter 
249 of title 49, United States Code, is amended by striking 
the item relating to section 24905 and inserting the following: 
‘‘24905. Northeast Corridor Commission.’’. 
SEC. 11306. NORTHEAST CORRIDOR PLANNING. 
(a) AMENDMENT.—Chapter 249 of title 49, United States Code, 
is amended— 
(1) by redesignating section 24904 as section 24903; and 
(2) by inserting after section 24903, as so redesignated, 
the following: 
‘‘§ 24904. Northeast Corridor planning 
‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT PLAN.— 
‘‘(1) REQUIREMENT.—Not later than May 1 of each year, 
the Northeast Corridor Commission established under section 
24905 (referred to in this section as the ‘Commission’) shall— 
‘‘(A) develop a capital investment plan for the North-
east Corridor; and 
‘‘(B) submit the capital investment plan to the Sec-
retary of Transportation and the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives. 
‘‘(2) CONTENTS.—The capital investment plan shall— 
‘‘(A) reflect coordination and network optimization 
across the entire Northeast Corridor; 
‘‘(B) integrate the individual capital and service plans 
developed by each operator using the methods described 
in the cost allocation policy developed under section 
24905(c); 
‘‘(C) cover a period of 5 fiscal years, beginning with 
the first fiscal year after the date on which the plan is 
completed; 
‘‘(D) 
notwithstanding 
section 
24902(b), 
identify, 
prioritize, and phase the implementation of projects and 
programs to achieve the service outcomes identified in the 
Northeast Corridor service development plan and the asset 
condition needs identified in the Northeast Corridor asset 
management plans, once available, and consider— 
49 USC 24904. 
49 USC 
prec. 24901. 
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129 STAT. 1659 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) the benefits and costs of capital investments 
in the plan; 
‘‘(ii) project and program readiness; 
‘‘(iii) the operational impacts; and 
‘‘(iv) Federal and non-Federal funding availability; 
‘‘(E) categorize capital projects and programs as pri-
marily associated with— 
‘‘(i) normalized capital replacement and basic infra-
structure renewals; 
‘‘(ii) replacement or rehabilitation of major North-
east Corridor infrastructure assets, including tunnels, 
bridges, stations, and other assets; 
‘‘(iii) statutory, regulatory, or other legal mandates; 
‘‘(iv) improvements to support service enhance-
ments or growth; or 
‘‘(v) strategic initiatives that will improve overall 
operational performance or lower costs; 
‘‘(F) identify capital projects and programs that are 
associated with more than 1 category described in subpara-
graph (E); 
‘‘(G) describe the anticipated outcomes of each project 
or program, including an assessment of— 
‘‘(i) the potential effect on passenger accessibility, 
operations, safety, reliability, and resiliency; 
‘‘(ii) the ability of infrastructure owners and opera-
tors to meet regulatory requirements if the project 
or program is not funded; and 
‘‘(iii) the benefits and costs; and 
‘‘(H) include a financial plan. 
‘‘(3) FINANCIAL PLAN.—The financial plan under paragraph 
(2)(H) shall— 
‘‘(A) identify funding sources and financing methods; 
‘‘(B) identify the expected allocated shares of costs 
pursuant to the cost allocation policy developed under sec-
tion 24905(c); 
‘‘(C) identify the projects and programs that the 
Commission expects will receive Federal financial assist-
ance; and 
‘‘(D) identify the eligible entity or entities that the 
Commission expects will receive the Federal financial 
assistance described under subparagraph (C) and imple-
ment each capital project. 
‘‘(b) FAILURE TO DEVELOP A CAPITAL INVESTMENT PLAN.—If 
a capital investment plan has not been developed by the Commis-
sion for a given fiscal year, then the funds assigned to the Northeast 
Corridor account established under section 24317(b) for that fiscal 
year may be spent only on— 
‘‘(1) capital projects described in clause (i) or (iii) of sub-
section (a)(2)(E) of this section; or 
‘‘(2) capital projects described in subsection (a)(2)(E)(iv) 
or (v) of this section that are for the sole benefit of Amtrak. 
‘‘(c) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 
‘‘(1) CONTENTS.—With regard to its infrastructure, Amtrak 
and each State and public transportation entity that owns 
infrastructure that supports or provides for intercity rail pas-
senger transportation on the Northeast Corridor shall develop 
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129 STAT. 1660 
PUBLIC LAW 114–94—DEC. 4, 2015 
an asset management system and develop and update, as nec-
essary, a Northeast Corridor asset management plan for each 
service territory described in subsection (a) that— 
‘‘(A) is consistent with the Federal Transit Administra-
tion process, as authorized under section 5326, when imple-
mented; and 
‘‘(B) includes, at a minimum— 
‘‘(i) an inventory of all capital assets owned by 
the developer of the asset management plan; 
‘‘(ii) an assessment of asset condition; 
‘‘(iii) a description of the resources and processes 
necessary to bring or maintain those assets in a state 
of good repair, including decision-support tools and 
investment prioritization methods; and 
‘‘(iv) a description of changes in asset condition 
since the previous version of the plan. 
‘‘(2) TRANSMITTAL.—Each entity described in paragraph (1) 
shall transmit to the Commission— 
‘‘(A) not later than 2 years after the date of enactment 
of the Passenger Rail Reform and Investment Act of 2015, 
a Northeast Corridor asset management plan developed 
under paragraph (1); and 
‘‘(B) at least biennially thereafter, an update to such 
plan. 
‘‘(d) NORTHEAST
CORRIDOR
SERVICE
DEVELOPMENT
PLAN 
UPDATES.—Not less frequently than once every 10 years, the 
Commission shall update the Northeast Corridor service develop-
ment plan. 
‘‘(e) DEFINITION OF NORTHEAST CORRIDOR.—In this section, the 
term ‘Northeast Corridor’ means the main line between Boston, 
Massachusetts, and the District of Columbia, and the Northeast 
Corridor branch lines connecting to Harrisburg, Pennsylvania, 
Springfield, Massachusetts, and Spuyten Duyvil, New York, 
including the facilities and services used to operate and maintain 
those lines.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) NOTE
AND
MORTGAGE.—Section 24907(a) of title 49, 
United States Code, is amended by striking ‘‘section 24904 
of this title’’ and inserting ‘‘section 24903’’. 
(2) TABLE OF CONTENTS.—The table of contents for chapter 
249 of title 49, United States Code, is amended— 
(A) by redesignating the item relating to section 24904 
as relating to section 24903; and 
(B) by inserting after the item relating to section 24903, 
as so redesignated, the following: 
‘‘24904. Northeast Corridor planning.’’. 
(3) REPEAL.—Section 211 of the Passenger Rail Investment 
and Improvement Act of 2008 (49 U.S.C. 24902 note) is 
repealed. 
SEC. 11307. COMPETITION. 
(a) COMPETITIVE PASSENGER RAIL SERVICE PILOT PROGRAM.— 
Section 24711 of title 49, United States Code, is amended to read 
as follows: 
49 USC 
prec. 24901. 
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129 STAT. 1661 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘§ 24711. Competitive passenger rail service pilot program 
‘‘(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of the Passenger Rail Reform and Investment Act 
of 2015, the Secretary of Transportation shall promulgate a rule 
to implement a pilot program for competitive selection of eligible 
petitioners described in subsection (b)(3) in lieu of Amtrak to operate 
not more than 3 long-distance routes (as defined in section 24102) 
operated by Amtrak on the date of enactment of such Act. 
‘‘(b) PILOT PROGRAM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The pilot program shall— 
‘‘(A) allow a petitioner described in paragraph (3) to 
petition the Secretary to provide intercity rail passenger 
transportation over a long-distance route described in sub-
section (a) for an operation period of 4 years from the 
date of commencement of service by the winning bidder 
and, at the option of the Secretary, consistent with the 
rule promulgated under subsection (a), allow the contract 
to be renewed for 1 additional operation period of 4 years; 
‘‘(B) require the Secretary to— 
‘‘(i) notify the petitioner and Amtrak of receipt 
of the petition under subparagraph (A) and to publish 
in the Federal Register a notice of receipt not later 
than 30 days after the date of receipt; 
‘‘(ii) establish a deadline, of not more than 120 
days after the notice of receipt is published in the 
Federal Register under clause (i), by which both the 
petitioner and Amtrak, if Amtrak chooses to do so, 
would be required to submit a complete bid to provide 
intercity rail passenger transportation over the 
applicable route; and 
‘‘(iii) upon selecting a winning bid, publish in the 
Federal Register the identity of the winning bidder, 
the long distance route that the bidder will operate, 
a detailed justification of the reasons why the Secretary 
selected the bid, and any other information the Sec-
retary determines appropriate for public comment for 
a reasonable period of time not to exceed 30 days 
after the date on which the Secretary selects the bid; 
‘‘(C) require that each bid— 
‘‘(i) describe the capital needs, financial projections, 
and operational plans, including staffing plans, for the 
service, and such other factors as the Secretary con-
siders appropriate; and 
‘‘(ii) be made available by the winning bidder to 
the public after the bid award with any appropriate 
redactions for confidential or proprietary information; 
‘‘(D) for a route that receives funding from a State 
or States, require that for each bid received from a peti-
tioner described in paragraph (3), other than such State 
or States, the Secretary have the concurrence of the State 
or States that provide funding for that route; and 
‘‘(E) for a winning bidder that is not or does not include 
Amtrak, require the Secretary to execute a contract not 
later than 270 days after the deadline established under 
subparagraph (B)(ii) and award to the winning bidder— 
‘‘(i) subject to paragraphs (4) and (5), the right 
and obligation to provide intercity rail passenger 
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129 STAT. 1662 
PUBLIC LAW 114–94—DEC. 4, 2015 
transportation over that route subject to such perform-
ance standards as the Secretary may require; and 
‘‘(ii) an operating subsidy, as determined by the 
Secretary, for— 
‘‘(I) the first year at a level that does not 
exceed 90 percent of the level in effect for that 
specific route during the fiscal year preceding the 
fiscal year in which the petition was received, 
adjusted for inflation; and 
‘‘(II) any subsequent years at the level cal-
culated under subclause (I), adjusted for inflation. 
‘‘(2) LIMITATION.—The requirements under paragraph 
(1)(E), including the amounts of operating subsidies in the 
first and any subsequent years under paragraph (1)(E)(ii), shall 
not apply to a winning bidder that is or includes Amtrak. 
‘‘(3) ELIGIBLE
PETITIONERS.—The following parties are 
eligible to submit petitions under paragraph (1): 
‘‘(A) A rail carrier or rail carriers that own the infra-
structure over which Amtrak operates a long-distance 
route, or another rail carrier that has a written agreement 
with a rail carrier or rail carriers that own such infrastruc-
ture. 
‘‘(B) A State, group of States, or State-supported joint 
powers authority or other sub-State governance entity 
responsible for provision of intercity rail passenger 
transportation with a written agreement with the rail car-
rier or rail carriers that own the infrastructure over which 
Amtrak operates a long-distance route and that host or 
would host the intercity rail passenger transportation. 
‘‘(C) A State, group of States, or State-supported joint 
powers authority or other sub-State governance entity 
responsible for provision of intercity rail passenger 
transportation and a rail carrier with a written agreement 
with another rail carrier or rail carriers that own the 
infrastructure over which Amtrak operates a long-distance 
route and that host or would host the intercity rail pas-
senger transportation. 
‘‘(4) PERFORMANCE
STANDARDS.—The performance stand-
ards required under paragraph (1)(E)(i) shall meet or exceed 
the performance required of or achieved by Amtrak on the 
applicable route during the last fiscal year. 
‘‘(5) AGREEMENT GOVERNING ACCESS ISSUES.—Unless the 
winning bidder already has applicable access rights or agree-
ments in place or includes a rail carrier that owns the infra-
structure used in the operation of the route, a winning bidder 
that is not or does not include Amtrak shall enter into a 
written agreement governing access issues between the winning 
bidder and the rail carrier or rail carriers that own the infra-
structure over which the winning bidder would operate and 
that host or would host the intercity rail passenger transpor-
tation. 
‘‘(c) ACCESS
TO
FACILITIES; EMPLOYEES.—If the Secretary 
awards the right and obligation to provide intercity rail passenger 
transportation over a route described in this section to an eligible 
petitioner— 
‘‘(1) the Secretary shall, if necessary to carry out the pur-
poses of this section, require Amtrak to provide access to the 
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129 STAT. 1663 
PUBLIC LAW 114–94—DEC. 4, 2015 
Amtrak-owned reservation system, stations, and facilities 
directly related to operations of the awarded routes to the 
eligible petitioner awarded a contract under this section, in 
accordance with subsection (g); 
‘‘(2) an employee of any person, except as provided in 
a collective bargaining agreement, used by such eligible peti-
tioner in the operation of a route under this section shall 
be considered an employee of that eligible petitioner and subject 
to the applicable Federal laws and regulations governing 
similar crafts or classes of employees of Amtrak; and 
‘‘(3) the winning bidder shall provide hiring preference 
to qualified Amtrak employees displaced by the award of the 
bid, consistent with the staffing plan submitted by the bidder, 
and shall be subject to the grant conditions under section 
24405. 
‘‘(d) CESSATION OF SERVICE.—If an eligible petitioner awarded 
a route under this section ceases to operate the service or fails 
to fulfill an obligation under a contract required under subsection 
(b)(1)(E), the Secretary, in collaboration with the Surface Transpor-
tation Board, shall take any necessary action consistent with this 
title to enforce the contract and ensure the continued provision 
of service, including— 
‘‘(1) the installment of an interim rail carrier; 
‘‘(2) providing to the interim rail carrier under paragraph 
(1) an operating subsidy necessary to provide service; and 
‘‘(3) rebidding the contract to operate the intercity rail 
passenger transportation. 
‘‘(e) BUDGET AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary shall provide to a winning 
bidder that is not or does not include Amtrak and that is 
selected under this section any appropriations withheld under 
section 11101(e) of the Passenger Rail Reform and Investment 
Act of 2015, or any subsequent appropriation for the same 
purpose, necessary to cover the operating subsidy described 
in subsection (b)(1)(E)(ii). 
‘‘(2) ATTRIBUTABLE COSTS.—If the Secretary selects a win-
ning bidder that is not or does not include Amtrak, the Sec-
retary shall provide to Amtrak an appropriate portion of the 
appropriations under section 11101(b) of the Passenger Rail 
Reform and Investment Act of 2015, or any subsequent appro-
priation for the same purpose, to cover any cost directly attrib-
utable to the termination of Amtrak service on the route and 
any indirect costs to Amtrak imposed on other Amtrak routes 
as a result of losing service on the route operated by the 
winning bidder. Any amount provided by the Secretary to 
Amtrak under this paragraph shall not be deducted from or 
have any effect on the operating subsidy described in subsection 
(b)(1)(E)(ii). 
‘‘(f) REPORTING.—If the Secretary does not promulgate the final 
rule before the deadline under subsection (a), the Secretary shall, 
not later than 19 months after the date of enactment of the Pas-
senger Rail Reform and Investment Act of 2015 and every 90 
days thereafter until the rule is complete, notify the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives in writing— 
‘‘(1) the reasons why the rule has not been issued; 
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129 STAT. 1664 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) a plan for completing the rule as soon as reasonably 
practicable; and 
‘‘(3) the estimated date of completion of the rule. 
‘‘(g) DISPUTES.— 
‘‘(1) PETITIONING
SURFACE
TRANSPORTATION
BOARD.—If 
Amtrak and the eligible petitioner awarded a route under this 
section cannot agree upon terms to carry out subsection (c)(1), 
either party may petition the Surface Transportation Board 
for a determination as to— 
‘‘(A) whether access to Amtrak’s facility or equipment, 
or the provisions of services by Amtrak, is necessary under 
subsection (c)(1); and 
‘‘(B) whether the operation of Amtrak’s other services 
will not be unreasonably impaired by such access. 
‘‘(2) SURFACE
TRANSPORTATION
BOARD
DETERMINATION.— 
If the Surface Transportation Board determines access to 
Amtrak’s facilities or equipment, or the provision of services 
by Amtrak, is necessary under paragraph (1)(A) and the oper-
ation of Amtrak’s other services will not be unreasonably 
impaired under paragraph (1)(B), the Board shall issue an 
order that— 
‘‘(A) requires Amtrak to provide the applicable facili-
ties, equipment, and services; and 
‘‘(B) determines reasonable compensation, liability, and 
other terms for the use of the facilities and equipment 
and the provision of the services. 
‘‘(h) LIMITATION.—Not more than 3 long-distance routes may 
be selected under this section for operation by a winning bidder 
that is not or does not include Amtrak. 
‘‘(i) PRESERVATION OF RIGHT TO COMPETITION ON STATE-SUP-
PORTED ROUTES.—Nothing in this section shall be construed as 
prohibiting a State from introducing competition for intercity rail 
passenger transportation or services on its State-supported route 
or routes. 
‘‘(j) SAVINGS CLAUSE.—Nothing in this section shall affect 
Amtrak’s access rights to railroad rights-of-way and facilities.’’. 
(b) CONFORMING AMENDMENT.—The table of contents for section 
24711 of title 49, United States Code, is amended to read as 
follows: 
‘‘24711. Competitive passenger rail service pilot program.’’. 
(c) REPORT.—Not later than 4 years after the date of 
implementation of the pilot program under section 24711 of title 
49, United States Code, and quadrennially thereafter until the 
pilot program is discontinued, the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report on the results of the pilot program 
to date and any recommendations for further action. 
SEC. 11308. PERFORMANCE-BASED PROPOSALS. 
(a) SOLICITATION OF PROPOSALS.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of enactment of this Act, the Secretary shall issue a request 
for proposals for projects for the financing, design, construction, 
operation, and maintenance of a high-speed passenger rail 
system operating within a high-speed rail corridor, including— 
49 USC 24711 
note. 
49 USC 
prec. 24701. 
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129 STAT. 1665 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) the Northeast Corridor; 
(B) the California Corridor; 
(C) the Empire Corridor; 
(D) the Pacific Northwest Corridor; 
(E) the South Central Corridor; 
(F) the Gulf Coast Corridor; 
(G) the Chicago Hub Network; 
(H) the Florida Corridor; 
(I) the Keystone Corridor; 
(J) the Northern New England Corridor; and 
(K) the Southeast Corridor. 
(2) SUBMISSION.—Proposals shall be submitted to the Sec-
retary not later than 180 days after the publication of the 
request for proposals under paragraph (1). 
(3) PERFORMANCE STANDARD.—Proposals submitted under 
paragraph (2) shall meet any standards established by the 
Secretary. For corridors with existing intercity passenger rail 
service, proposals shall also be designed to achieve a reduction 
of existing minimum intercity rail service trip times between 
the main corridor city pairs by a minimum of 25 percent. 
In the case of a proposal submitted with respect to paragraph 
(1)(A), the proposal shall be designed to achieve a 2-hour or 
less express service between Washington, District of Columbia, 
and New York City, New York. 
(4) CONTENTS.—A proposal submitted under this subsection 
shall include— 
(A) the names and qualifications of the persons submit-
ting the proposal and the entities proposed to finance, 
design, construct, operate, and maintain the railroad, rail-
road equipment, and related facilities, stations, and infra-
structure; 
(B) a detailed description of the proposed rail service, 
including possible routes, required infrastructure invest-
ments and improvements, equipment needs and type, train 
frequencies, peak and average operating speeds, and trip 
times; 
(C) a description of how the project would comply with 
all applicable Federal rail safety and security laws, orders, 
and regulations; 
(D) the locations of proposed stations, which maximize 
the usage of existing infrastructure to the extent possible, 
and the populations such stations are intended to serve; 
(E) the type of equipment to be used, including any 
technologies, to achieve trip time goals; 
(F) a description of any proposed legislation needed 
to facilitate all aspects of the project; 
(G) a financing plan identifying— 
(i) projected revenue, and sources thereof; 
(ii) the amount of any requested public contribu-
tion toward the project, and proposed sources; 
(iii) projected annual ridership projections for the 
first 10 years of operations; 
(iv) annual operations and capital costs; 
(v) the projected levels of capital investments 
required both initially and in subsequent years to 
maintain a state-of-good-repair necessary to provide 
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129 STAT. 1666 
PUBLIC LAW 114–94—DEC. 4, 2015 
the initially proposed level of service or higher levels 
of service; 
(vi) projected levels of private investment and 
sources thereof, including the identity of any person 
or entity that has made or is expected to make a 
commitment to provide or secure funding and the 
amount of such commitment; and 
(vii) projected funding for the full fair market com-
pensation for any asset, property right or interest, 
or service acquired from, owned, or held by a private 
person or Federal entity that would be acquired, 
impaired, or diminished in value as a result of a 
project, except as otherwise agreed to by the private 
person or entity; 
(H) a description of how the project would contribute 
to the development of a national high-speed passenger 
rail system and an intermodal plan describing how the 
system will facilitate convenient travel connections with 
other transportation services; 
(I) a description of how the project will ensure compli-
ance with Federal laws governing the rights and status 
of employees associated with the route and service, 
including those specified in section 24405 of title 49, United 
States Code; 
(J) a description of how the design, construction, 
implementation, and operation of the project will accommo-
date and allow for future growth of existing and projected 
intercity, commuter, and freight rail service; 
(K) a description of how the project would comply 
with Federal and State environmental laws and regula-
tions, of what environmental impacts would result from 
the project, and of how any adverse impacts would be 
mitigated; and 
(L) a description of the project’s impacts on highway 
and aviation congestion, energy consumption, land use, 
and economic development in the service area. 
(b) DETERMINATION AND ESTABLISHMENT OF COMMISSIONS.— 
Not later than 90 days after receipt of the proposals under sub-
section (a), the Secretary shall— 
(1) make a determination as to whether any such pro-
posals— 
(A) contain the information required under paragraphs 
(3) and (4) of subsection (a); 
(B) are sufficiently credible to warrant further consid-
eration; 
(C) are likely to result in a positive impact on the 
Nation’s transportation system; and 
(D) are cost-effective and in the public interest; 
(2) establish a commission for each corridor with 1 or 
more proposals that the Secretary determines satisfy the 
requirements of paragraph (1); and 
(3) forward to each commission established under para-
graph (2) the applicable proposals for review and consideration. 
(c) COMMISSIONS.— 
(1) MEMBERS.—Each commission established under sub-
section (b)(2) shall include— 
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129 STAT. 1667 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) the Governors of the affected States, or their respec-
tive designees; 
(B) mayors of appropriate municipalities with stops 
along the proposed corridor, or their respective designees; 
(C) a representative from each freight railroad carrier 
using the relevant corridor, if applicable; 
(D) a representative from each transit authority using 
the relevant corridor, if applicable; 
(E) 
representatives 
of 
nonprofit 
employee 
labor 
organizations representing affected railroad employees; and 
(F) the President of Amtrak or his or her designee. 
(2) APPOINTMENT
AND
SELECTION.—The Secretary shall 
appoint the members under paragraph (1). In selecting each 
commission’s members to fulfill the requirements under sub-
paragraphs (B) and (E) of paragraph (1), the Secretary shall 
consult with the Chairperson and Ranking Member of the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and of the Committee on Transportation and Infrastructure 
of the House of Representatives. 
(3) CHAIRPERSON AND VICE-CHAIRPERSON SELECTION.—The 
Chairperson and Vice-Chairperson shall be elected from among 
members of each commission. 
(4) QUORUM AND VACANCY.— 
(A) QUORUM.—A majority of the members of each 
commission shall constitute a quorum. 
(B) VACANCY.—Any vacancy in each commission shall 
not affect its powers and shall be filled in the same manner 
in which the original appointment was made. 
(d) COMMISSION CONSIDERATION.— 
(1) IN GENERAL.—Each commission established under sub-
section (b)(2) shall be responsible for reviewing the proposal 
or proposals forwarded to it under that subsection and, not 
later than 90 days after the establishment of the commission, 
shall transmit to the Secretary a report, including— 
(A) a summary of each proposal received; 
(B) services to be provided under each proposal, 
including projected ridership, revenues, and costs; 
(C) proposed public and private contributions for each 
proposal; 
(D) the advantages offered by the proposal over existing 
intercity passenger rail services; 
(E) public operating subsidies or assets needed for 
the proposed project; 
(F) possible risks to the public associated with the 
proposal, including risks associated with project financing, 
implementation, completion, safety, and security; 
(G) a ranked list of the proposals recommended for 
further consideration under subsection (e) in accordance 
with each proposal’s projected positive impact on the 
Nation’s transportation system; 
(H) an identification of any proposed Federal legislation 
that would facilitate implementation of the projects and 
Federal legislation that would be required to implement 
the projects; and 
(I) any other recommendations by the commission con-
cerning the proposed projects. 
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129 STAT. 1668 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) VERBAL PRESENTATION.—Proposers shall be given an 
opportunity to make a verbal presentation to the commission 
to explain their proposals. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary for the use of each 
commission established under subsection (b)(2) such sums as 
are necessary to carry out this section. 
(e) SELECTION BY SECRETARY.— 
(1) IN GENERAL.—Not later than 60 days after receiving 
the recommended proposals of the commissions established 
under subsection (b)(2), the Secretary shall— 
(A) review such proposals and select any proposal that 
provides substantial benefits to the public and the national 
transportation system, is cost-effective, offers significant 
advantages over existing services, and meets other relevant 
factors determined appropriate by the Secretary; and 
(B) submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a report containing any proposal with respect 
to subsection (a)(1)(A) that is selected by the Secretary 
under subparagraph (A) of this paragraph, all the informa-
tion regarding the proposal provided to the Secretary under 
subsection (d), and any other information the Secretary 
considers relevant. 
(2) SUBSEQUENT REPORT.—Following the submission of the 
report under paragraph (1)(B), the Secretary shall submit to 
the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report containing 
any proposal with respect to subparagraphs (B) through (K) 
of subsection (a)(1) that are selected by the Secretary under 
paragraph (1) of this subsection, all the information regarding 
the proposal provided to the Secretary under subsection (d), 
and any other information the Secretary considers relevant. 
(3) LIMITATION
ON
REPORT
SUBMISSION.—The report 
required under paragraph (2) shall not be submitted by the 
Secretary until the report submitted under paragraph (1)(B) 
has been considered through a hearing by the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House 
of Representatives on the report submitted under paragraph 
(1)(B). 
(f) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.—No Federal 
agency may take any action to implement, establish, facilitate, 
or otherwise act upon any proposal submitted under this section, 
other than those actions specifically authorized by this section, 
without explicit statutory authority enacted after the date of enact-
ment of this Act. 
(g) ADEQUATE RESOURCES.—Before taking any action author-
ized under this section the Secretary shall certify to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives that the Secretary has sufficient resources that 
are adequate to undertake the program established under this 
section. 
(h) DEFINITIONS.—In this section: 
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129 STAT. 1669 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) INTERCITY PASSENGER RAIL.—The term ‘‘intercity pas-
senger rail’’ has the meaning given the term in section 24102 
of title 49, United States Code. 
(2) STATE.—The term ‘‘State’’ means any of the 50 States 
or the District of Columbia. 
SEC. 11309. LARGE CAPITAL PROJECT REQUIREMENTS. 
Section 24402 of title 49, United States Code, is amended 
by inserting after subsection (i) the following: 
‘‘(j) LARGE CAPITAL PROJECT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—For a grant awarded under this chapter 
for an amount in excess of $1,000,000,000, the following condi-
tions shall apply: 
‘‘(A) The Secretary may not obligate any funding unless 
the applicant demonstrates, to the satisfaction of the Sec-
retary, that the applicant has committed, and will be able 
to fulfill, the non-Federal share required for the grant 
within the applicant’s proposed project completion time-
table. 
‘‘(B) The Secretary may not obligate any funding for 
work activities that occur after the completion of final 
design unless— 
‘‘(i) the applicant submits a financial plan to the 
Secretary that generally identifies the sources of the 
non-Federal funding required for any subsequent seg-
ments or phases of the corridor service development 
program covering the project for which the grant is 
awarded; 
‘‘(ii) the grant will result in a useable segment, 
a transportation facility, or equipment, that has oper-
ational independence; and 
‘‘(iii) the intercity passenger rail benefits antici-
pated to result from the grant, such as increased speed, 
improved on-time performance, reduced trip time, 
increased frequencies, new service, safety improve-
ments, improved accessibility, or other significant 
enhancements, are detailed by the grantee and 
approved by the Secretary. 
‘‘(C)(i) The Secretary shall ensure that the project is 
maintained to the level of utility that is necessary to sup-
port the benefits approved under subparagraph (B)(iii) for 
a period of 20 years from the date on which the useable 
segment, transportation facility, or equipment described 
in subparagraph (B)(ii) is placed in service. 
‘‘(ii) If the project property is not maintained as 
required under clause (i) for a 12-month period, the grant 
recipient shall refund a pro-rata share of the Federal con-
tribution, based upon the percentage remaining of the 20- 
year period that commenced when the project property 
was placed in service. 
‘‘(2) EARLY
WORK.—The Secretary may allow a grantee 
subject to this subsection to engage in at-risk work activities 
subsequent to the conclusion of final design if the Secretary 
determines that such work activities are reasonable and nec-
essary.’’. 
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129 STAT. 1670 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 11310. SMALL BUSINESS PARTICIPATION STUDY. 
(a) STUDY.—The Secretary shall conduct a nationwide disparity 
and availability study on the availability and use of small business 
concerns owned and controlled by socially and economically dis-
advantaged individuals and veteran-owned small businesses in pub-
licly funded intercity rail passenger transportation projects. 
(b) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit a report containing the 
results of the study conducted under subsection (a) to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives. 
(c) DEFINITIONS.—In this section: 
(1) SMALL BUSINESS CONCERN.—The term ‘‘small business 
concern’’ has the meaning given such term in section 3 of 
the Small Business Act (15 U.S.C. 632), except that the term 
does not include any concern or group of concerns controlled 
by the same socially and economically disadvantaged individual 
or individuals that have average annual gross receipts during 
the preceding 3 fiscal years in excess of $22,410,000, as adjusted 
annually by the Secretary for inflation. 
(2) SOCIALLY
AND
ECONOMICALLY
DISADVANTAGED
INDI-
VIDUAL.—The term ‘‘socially and economically disadvantaged 
individual’’ has the meaning given such term in section 8(d) 
of the Small Business Act (15 U.S.C. 637(d)) and relevant 
subcontracting regulations issued pursuant to such Act, except 
that women shall be presumed to be socially and economically 
disadvantaged individuals for purposes of this section. 
(3) VETERAN-OWNED SMALL BUSINESS.—The term ‘‘veteran- 
owned small business’’ has the meaning given the term ‘‘small 
business concern owned and controlled by veterans’’ in section 
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except 
that the term does not include any concern or group of concerns 
controlled by the same veterans that have average annual 
gross receipts during the preceding 3 fiscal years in excess 
of $22,410,000, as adjusted annually by the Secretary for infla-
tion. 
SEC. 11311. SHARED-USE STUDY. 
(a) IN GENERAL.—Not later than 3 years after the date of 
enactment of this Act, the Secretary, in consultation with Amtrak, 
commuter rail passenger transportation authorities, other railroad 
carriers, railroad carriers that own rail infrastructure over which 
both passenger and freight trains operate, States, the Surface 
Transportation Board, the Northeast Corridor Commission estab-
lished under section 24905 of title 49, United States Code, the 
State-Supported Route Committee established under section 24712 
of such title, and groups representing rail passengers and cus-
tomers, as appropriate, shall complete a study that evaluates— 
(1) the shared use of right-of-way by passenger and freight 
rail systems; and 
(2) the operational, institutional, and legal structures that 
would best support improvements to the systems referred to 
in paragraph (1). 
(b) AREAS OF STUDY.—In conducting the study under subsection 
(a), the Secretary shall evaluate— 
49 USC 20101 
note. 
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129 STAT. 1671 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) the access and use of railroad right-of-way by a rail 
carrier that does not own the right-of-way, such as passenger 
rail services that operate over privately-owned right-of-way, 
including an analysis of— 
(A) access agreements; 
(B) costs of access; and 
(C) the resolution of disputes relating to such access 
or costs; 
(2) the effectiveness of existing contractual, statutory, and 
regulatory mechanisms for establishing, measuring, and 
enforcing train performance standards, including— 
(A) the manner in which passenger train delays are 
recorded; 
(B) the assignment of responsibility for such delays; 
and 
(C) the use of incentives and penalties for performance; 
(3) the strengths and weaknesses of the existing mecha-
nisms described in paragraph (2) and possible approaches to 
address the weaknesses; 
(4) mechanisms for measuring and maintaining public 
benefits resulting from publicly funded freight or passenger 
rail improvements, including improvements directed towards 
shared-use right-of-way by passenger and freight rail; 
(5) approaches to operations, capacity, and cost estimation 
modeling that— 
(A) allow for transparent decisionmaking; and 
(B) protect the proprietary interests of all parties; 
(6) liability requirements and arrangements, including— 
(A) whether to expand statutory liability limits to addi-
tional parties; 
(B) whether to revise the current statutory liability 
limits; 
(C) whether current insurance levels of passenger rail 
operators are adequate and whether to establish minimum 
insurance requirements for such passenger rail operators; 
and 
(D) whether to establish alternative insurance models, 
including other models administered by the Federal 
Government; 
(7) the effect on rail passenger services, operations, liability 
limits, and insurance levels of the assertion of sovereign immu-
nity by a State; and 
(8) other issues identified by the Secretary. 
(c) REPORT.—Not later than 60 days after the study under 
subsection (a) is complete, the Secretary shall submit to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report that includes— 
(1) the results of the study; and 
(2) any recommendations for further action, including any 
legislative proposals consistent with such recommendations. 
(d) IMPLEMENTATION.—The Secretary shall integrate, as appro-
priate, the recommendations submitted under subsection (c) into 
the financial assistance programs under subtitle V of title 49, United 
States Code, and section 502 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 822). 
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129 STAT. 1672 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 
11312. 
NORTHEAST 
CORRIDOR 
THROUGH-TICKETING 
AND 
PROCUREMENT EFFICIENCIES. 
(a) THROUGH-TICKETING STUDY.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, the Northeast Corridor Commission 
established under section 24905(a) of title 49, United States 
Code (referred to in this section as the ‘‘Commission’’), in con-
sultation with Amtrak and the commuter rail passenger 
transportation providers along the Northeast Corridor, shall 
complete a study on the feasibility of and options for permitting 
through-ticketing between Amtrak service and commuter rail 
services on the Northeast Corridor. 
(2) CONTENTS.—In completing the study under paragraph 
(1), the Northeast Corridor Commission shall— 
(A) examine the current state of intercity and com-
muter rail ticketing technologies, policies, and other rel-
evant aspects on the Northeast Corridor; 
(B) consider and recommend technology, process, 
policy, or other options that would permit through-ticketing 
to allow intercity and commuter rail passengers to pur-
chase, in a single transaction, travel that utilizes Amtrak 
and connecting commuter rail services; 
(C) consider options to expand through-ticketing to 
include local transit services; 
(D) summarize costs, benefits, opportunities, and 
impediments to developing such through-ticketing options; 
and 
(E) develop a proposed methodology, including cost and 
schedule estimates, for carrying out a pilot program on 
through-ticketing on the Northeast Corridor. 
(3) REPORT.—Not later than 60 days after the date the 
study under paragraph (1) is complete, the Commission shall 
submit to the Secretary, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives a report that includes— 
(A) the results of the study; and 
(B) any recommendations for further action. 
(4) REVIEW.—Not later than 180 days after receipt of the 
report under paragraph (3), the Secretary shall review the 
report and recommend best practices in developing through 
ticketing for other areas outside of the Northeast Corridor. 
The Secretary shall transmit the best practices to the State- 
Supported Route Committee established under section 24712 
of title 49, United States Code. 
(b) JOINT PROCUREMENT STUDY.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, the Secretary, in cooperation with 
the Commission, Amtrak, and commuter rail transportation 
authorities on the Northeast Corridor, shall complete a study 
of the potential benefits resulting from Amtrak and such 
authorities undertaking select joint procurements for common 
materials, assets, and equipment when expending Federal 
funds for such joint procurements. 
(2) CONTENTS.—In completing the study under paragraph 
(1), the Secretary shall consider— 
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129 STAT. 1673 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) the types of materials, assets, and equipment that 
are regularly purchased by Amtrak and such authorities 
that are similar and could be jointly procured; 
(B) the potential benefits of such joint procurements, 
including lower procurement costs, better pricing, greater 
market relevancy, and other efficiencies; 
(C) the potential costs of such joint procurements; 
(D) any significant impediments to undertaking joint 
procurements, including any necessary harmonization and 
reconciliation of Federal and State procurement or safety 
regulations or standards and other requirements; and 
(E) whether to create Federal incentives or require-
ments relating to considering or carrying out joint procure-
ments when expending Federal funds. 
(3) TRANSMISSION.—Not later than 60 days after completing 
the study required under this subsection, the Secretary shall 
submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report 
that includes— 
(A) the results of the study; and 
(B) any recommendations for further action. 
(c) NORTHEAST CORRIDOR.—In this section, the term ‘‘Northeast 
Corridor’’ means the Northeast Corridor main line between Boston, 
Massachusetts, and the District of Columbia, and the Northeast 
Corridor branch lines connecting to Harrisburg, Pennsylvania, 
Springfield, Massachusetts, and Spuyten Duyvil, New York, 
including the facilities and services used to operate and maintain 
those lines. 
SEC. 11313. DATA AND ANALYSIS. 
(a) DATA.—Not later than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with the Surface Transpor-
tation Board, Amtrak, freight railroads, State and local govern-
ments, and regional business, tourism, and economic development 
agencies shall conduct a data needs assessment to— 
(1) support the development of an efficient and effective 
intercity passenger rail network; 
(2) identify the data needed to conduct cost-effective mod-
eling and analysis for intercity passenger rail development 
programs; 
(3) determine limitations to the data used for inputs; 
(4) develop a strategy to address such limitations; 
(5) identify barriers to accessing existing data; 
(6) develop recommendations regarding whether the 
authorization of additional data collection for intercity pas-
senger rail travel is warranted; and 
(7) determine which entities should be responsible for 
generating or collecting needed data. 
(b) BENEFIT-COST ANALYSIS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall enhance 
the usefulness of assessments of benefits and costs for intercity 
passenger rail and freight rail projects by— 
(1) providing ongoing guidance and training on developing 
benefit and cost information for rail projects; 
49 USC 24407 
note. 
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129 STAT. 1674 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) providing more direct and consistent requirements for 
assessing benefits and costs across transportation funding pro-
grams, including the appropriate use of discount rates; 
(3) requiring applicants to clearly communicate the method-
ology used to calculate the project benefits and costs, including 
non-proprietary information on— 
(A) assumptions underlying calculations; 
(B) strengths and limitations of data used; and 
(C) the level of uncertainty in estimates of project 
benefits and costs; and 
(4) ensuring that applicants receive clear and consistent 
guidance on values to apply for key assumptions used to esti-
mate potential project benefits and costs. 
(c) CONFIDENTIAL DATA.—The Secretary shall protect all sen-
sitive and confidential information to the greatest extent permitted 
by law. Nothing in this section shall require any entity to provide 
information to the Secretary in the absence of a voluntary agree-
ment. 
SEC. 11314. AMTRAK INSPECTOR GENERAL. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The Inspector General of Amtrak shall 
have the authority available to other Inspectors General, as 
necessary in carrying out the duties specified in the Inspector 
General Act of 1978 (5 U.S.C. App.), to investigate any alleged 
violation of sections 286, 287, 371, 641, 1001, 1002 and 1516 
of title 18, United States Code. 
(2) AGENCY.—For purposes of sections 286, 287, 371, 641, 
1001, 1002, and 1516 of title 18, United States Code, Amtrak 
and the Amtrak Office of Inspector General, shall be considered 
a corporation in which the United States has a proprietary 
interest as set forth in section 6 of such title. 
(b) ASSESSMENT.—The Inspector General of Amtrak shall— 
(1) not later than 60 days after the date of enactment 
of this Act, initiate an assessment to determine whether current 
expenditures or procurements involving Amtrak’s fulfillment 
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) utilize competitive, market-driven provisions that are 
applicable throughout the entire term of such related expendi-
tures or procurements; and 
(2) not later than 6 months after the date of enactment 
of this Act, transmit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives the assessment under paragraph (1). 
(c) LIMITATION.—The authority provided by subsection (a) shall 
be effective only with respect to a fiscal year for which Amtrak 
receives a Federal subsidy. 
SEC. 11315. MISCELLANEOUS PROVISIONS. 
(a) TITLE 49 AMENDMENTS.— 
(1) AUTHORITY.—Section 22702(b)(4) of title 49, United 
States Code, is amended by striking ‘‘5 years for reapproval 
by the Secretary’’ and inserting ‘‘4 years for acceptance by 
the Secretary’’. 
(2) CONTENTS OF STATE RAIL PLANS.—Section 22705(a) of 
title 49, United States Code, is amended by striking paragraph 
(12). 
5 USC app. 8G. 
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129 STAT. 1675 
PUBLIC LAW 114–94—DEC. 4, 2015 
(b) PASSENGER
RAIL
INVESTMENT
AND
IMPROVEMENT
ACT 
AMENDMENTS.—Section 305 of the Passenger Rail Investment and 
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended— 
(1) in subsection (a) by inserting after ‘‘equipment manufac-
turers,’’ the following: ‘‘nonprofit organizations representing 
employees who perform overhaul and maintenance of passenger 
railroad equipment,’’; 
(2) in subsection (c) by striking ‘‘, and may establish a 
corporation, which may be owned or jointly-owned by Amtrak, 
participating States, or other entities, to perform these func-
tions’’; and 
(3) in subsection (e) by striking ‘‘and establishing a jointly- 
owned corporation to manage that equipment’’. 
(c) CERTAIN PROJECTS.—A project described in 1307(a)(3) of 
SAFETEA–LU (Public Law 109–59) may be eligible for the Railroad 
Rehabilitation and Improvement Financing program if the Secretary 
determines such project meets the requirements of sections 502 
and 503 of the Railroad Revitalization and Regulatory Reform Act 
of 1976. 
(d) CLARIFICATION.— 
(1) AMENDMENT.—Section 20157(g) of title 49, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(4) CLARIFICATION.— 
‘‘(A) PROHIBITIONS.—The Secretary is prohibited from— 
‘‘(i) approving or disapproving a revised plan sub-
mitted under subsection (a)(1); 
‘‘(ii) considering a revised plan under subsection 
(a)(1) as a request for amendment under section 
236.1021 of title 49, Code of Federal Regulations; or 
‘‘(iii) requiring the submission, as part of the 
revised plan under subsection (a)(1), of— 
‘‘(I) only a schedule and sequence under sub-
section (a)(2)(A)(iii)(VII); or 
‘‘(II) both a schedule and sequence under sub-
section 
(a)(2)(A)(iii)(VII) 
and 
an 
alternative 
schedule and sequence under subsection (a)(2)(B). 
‘‘(B) CIVIL PENALTY AUTHORITY.—Except as provided 
in paragraph (2) and this paragraph, nothing in this sub-
section shall be construed to limit the Secretary’s authority 
to assess civil penalties pursuant to subsection (e), con-
sistent with the requirements of this section. 
‘‘(C) RETAINED
REVIEW
AUTHORITY.—The Secretary 
retains the authority to review revised plans submitted 
under subsection (a)(1) and is authorized to require modi-
fications of those plans to the extent necessary to ensure 
that such plans include the descriptions under subsection 
(a)(2)(A)(i), the contents under subsection (a)(2)(A)(ii), and 
the year or years, totals, and summary under subsection 
(a)(2)(A)(iii)(I) through (VI).’’. 
(2) CONFORMING AMENDMENT.—Section 20157(g)(3) of title 
49, United States Code, is amended by striking ‘‘by paragraph 
(2) and subsection (k)’’ and inserting ‘‘to conform with this 
section’’. 
23 USC 322 note. 
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129 STAT. 1676 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 11316. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN RAIL 
PASSENGER ACCIDENTS.—Section 1139 of title 49, United States 
Code, is amended— 
(1) in subsection (a)(1), by striking ‘‘phone number’’ and 
inserting ‘‘telephone number’’; 
(2) in subsection (a)(2), by striking ‘‘post trauma commu-
nication with families’’ and inserting ‘‘post-trauma communica-
tion with families’’; and 
(3) in subsection (j), by striking ‘‘railroad passenger 
accident’’ each place it appears and inserting ‘‘rail passenger 
accident’’. 
(b) SOLID WASTE RAIL TRANSFER FACILITY LAND-USE EXEMP-
TION.—Section 10909 of title 49, United States Code, is amended— 
(1) in subsection (b), in the matter preceding paragraph 
(1), by striking ‘‘Clean Railroad Act of 2008’’ and inserting 
‘‘Clean Railroads Act of 2008’’; and 
(2) in subsection (e), by striking ‘‘Upon the granting of 
petition from the State’’ and inserting ‘‘Upon the granting of 
a petition from the State’’. 
(c) RULEMAKING PROCESS.—Section 20116 of title 49, United 
States Code, is amended— 
(1) by inserting ‘‘(2)’’ before ‘‘the code, rule, standard, 
requirement, or practice has been subject to notice and comment 
under a rule or order issued under this part.’’ and indenting 
accordingly; 
(2) by inserting ‘‘(1)’’ after ‘‘unless’’ and indenting accord-
ingly; 
(3) in paragraph (1), as redesignated, by striking ‘‘order, 
or’’ and inserting ‘‘order; or’’; and 
(4) in the matter preceding paragraph (1), as redesignated, 
by striking ‘‘unless’’ and inserting ‘‘unless—’’. 
(d) ENFORCEMENT REPORT.—Section 20120(a) of title 49, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘website’’ and inserting ‘‘Web site’’; 
(2) in paragraph (1), by striking ‘‘accident and incidence 
reporting’’ and inserting ‘‘accident and incident reporting’’; 
(3) in paragraph (2)(G), by inserting ‘‘and’’ at the end; 
and 
(4) in paragraph (5)(B), by striking ‘‘Administrative Hearing 
Officer or Administrative Law Judge’’ and inserting ‘‘adminis-
trative hearing officer or administrative law judge’’. 
(e) RAILROAD
SAFETY
RISK
REDUCTION
PROGRAM.—Section 
20156 of title 49, United States Code, is amended— 
(1) in subsection (c), by inserting a comma after ‘‘In devel-
oping its railroad safety risk reduction program’’; and 
(2) in subsection (g)(1)— 
(A) by inserting a comma after ‘‘good faith’’; and 
(B) by striking ‘‘non-profit’’ and inserting ‘‘nonprofit’’. 
(f) ROADWAY USER SIGHT DISTANCE AT HIGHWAY-RAIL GRADE 
CROSSINGS.—Section 20159 of title 49, United States Code, is 
amended by striking ‘‘the Secretary’’ and inserting ‘‘the Secretary 
of Transportation’’. 
(g) NATIONAL CROSSING INVENTORY.—Section 20160 of title 49, 
United States Code, is amended— 
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129 STAT. 1677 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) in subsection (a)(1), by striking ‘‘concerning each pre-
viously unreported crossing through which it operates or with 
respect to the trackage over which it operates’’ and inserting 
‘‘concerning each previously unreported crossing through which 
it operates with respect to the trackage over which it operates’’; 
and 
(2) in subsection (b)(1)(A), by striking ‘‘concerning each 
crossing through which it operates or with respect to the track-
age over which it operates’’ and inserting ‘‘concerning each 
crossing through which it operates with respect to the trackage 
over which it operates’’. 
(h) MINIMUM
TRAINING
STANDARDS
AND
PLANS.—Section 
20162(a)(3) of title 49, United States Code, is amended by striking 
‘‘railroad compliance with Federal standards’’ and inserting ‘‘rail-
road carrier compliance with Federal standards’’. 
(i) DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.— 
Section 20164(a) of title 49, United States Code, is amended by 
striking ‘‘after enactment of the Railroad Safety Enhancement Act 
of 2008’’ and inserting ‘‘after the date of enactment of the Rail 
Safety Improvement Act of 2008’’. 
(j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 
(1) TABLE OF CONTENTS.—Section 1(b) of division A of the 
Rail Safety Improvement Act of 2008 (Public Law 110–432; 
122 Stat. 4848) is amended— 
(A) in the item relating to section 307 by striking 
‘‘website’’ and inserting ‘‘Web site’’; 
(B) in the item relating to title VI by striking ‘‘solid 
waste facilities’’ and inserting ‘‘solid waste rail transfer 
facilities’’; and 
(C) in the item relating to section 602 by striking 
‘‘solid waste transfer facilities’’ and inserting ‘‘solid waste 
rail transfer facilities’’. 
(2) DEFINITIONS.—Section 2(a)(1) of division A of the Rail 
Safety Improvement Act of 2008 (Public Law 110–432; 122 
Stat. 4849) is amended in the matter preceding subparagraph 
(A), by inserting a comma after ‘‘at grade’’. 
(3) RAILROAD SAFETY STRATEGY.—Section 102(a)(6) of title 
I of division A of the Rail Safety Improvement Act of 2008 
(49 U.S.C. 20101 note) is amended by striking ‘‘Improving the 
safety of railroad bridges, tunnels, and related infrastructure 
to prevent accidents, incidents, injuries, and fatalities caused 
by catastrophic failures and other bridge and tunnel failures.’’ 
and inserting ‘‘Improving the safety of railroad bridges, tunnels, 
and related infrastructure to prevent accidents, incidents, 
injuries, and fatalities caused by catastrophic and other failures 
of such infrastructure.’’. 
(4) OPERATION LIFESAVER.—Section 206(a) of title II of divi-
sion A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 
22501 note) is amended by striking ‘‘Public Service Announce-
ments’’ and inserting ‘‘public service announcements’’. 
(5) UPDATE OF FEDERAL RAILROAD ADMINISTRATION’S WEB 
SITE.—Section 307 of title III of division A of the Rail Safety 
Improvement Act of 2008 (49 U.S.C. 103 note) is amended— 
(A) in the heading by striking ‘‘FEDERAL RAILROAD 
ADMINISTRATION’S
WEBSITE’’ and inserting ‘‘FEDERAL 
RAILROAD ADMINISTRATION WEB SITE’’; 
49 USC 20102 
note. 
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129 STAT. 1678 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) by striking ‘‘website’’ each place it appears and 
inserting ‘‘Web site’’; and 
(C) by striking ‘‘website’s’’ and inserting ‘‘Web site’s’’. 
(6) ALCOHOL
AND
CONTROLLED
SUBSTANCE
TESTING
FOR 
MAINTENANCE-OF-WAY EMPLOYEES.—Section 412 of title IV of 
division A of the Rail Safety Improvement Act of 2008 (49 
U.S.C. 20140 note) is amended by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Secretary’’. 
(7) TUNNEL INFORMATION.—Section 414 of title IV of divi-
sion A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 
20103 note) is amended— 
(A) by striking ‘‘parts 171.8, 173.115’’ and inserting 
‘‘sections 171.8, 173.115’’; and 
(B) by striking ‘‘part 1520.5’’ and inserting ‘‘section 
1520.5’’. 
(8) SAFETY INSPECTIONS IN MEXICO.—Section 416 of title 
IV of division A of the Rail Safety Improvement Act of 2008 
(49 U.S.C. 20107 note) is amended— 
(A) in the matter preceding paragraph (1), by striking 
‘‘Secretary of Transportation’’ and inserting ‘‘Secretary’’; 
and 
(B) in paragraph (4), by striking ‘‘subsection’’ and 
inserting ‘‘section’’. 
(9) HEADING OF TITLE VI.—The heading of title VI of divi-
sion A of the Rail Safety Improvement Act of 2008 (122 Stat. 
4900) is amended by striking ‘‘SOLID WASTE FACILITIES’’ 
and inserting ‘‘SOLID WASTE RAIL TRANSFER FACILI-
TIES’’. 
(10) HEADING OF SECTION 602.—The heading of section 602 
of title VI of division A of the Rail Safety Improvement Act 
of 2008 (122 Stat. 4900) is amended by striking ‘‘SOLID WASTE 
TRANSFER
FACILITIES’’ and inserting ‘‘SOLID
WASTE
RAIL 
TRANSFER FACILITIES’’. 
(k) CONTINGENT INTEREST RECOVERIES.—Section 22106(b) of 
title 49, United States Code, is amended by striking ‘‘interest 
thereof’’ and inserting ‘‘interest thereon’’. 
(l) MISSION.—Section 24101(b) of title 49, United States Code, 
is amended by striking ‘‘of subsection (d)’’ and inserting ‘‘set forth 
in subsection (c)’’. 
(m) TABLE OF CONTENTS AMENDMENT.—The table of contents 
for chapter 243 of title 49, United States Code, is amended by 
striking the item relating to section 24316 and inserting the fol-
lowing: 
‘‘24316. Plans to address the needs of families of passengers involved in rail pas-
senger accidents.’’. 
(n) AMTRAK.—Chapter 247 of title 49, United States Code, 
is amended— 
(1) in section 24706— 
(A) in subsection (a)— 
(i) in paragraph (1) by striking ‘‘a discontinuance 
under section 24704 or or’’; and 
(ii) in paragraph (2) by striking ‘‘section 24704 
or’’; and 
(B) in subsection (b) by striking ‘‘section 24704 or’’; 
and 
49 USC 
prec. 24301. 
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129 STAT. 1679 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) in section 24709 by striking ‘‘The Secretary of the 
Treasury and the Attorney General,’’ and inserting ‘‘The Sec-
retary of Homeland Security,’’. 
(o) RAIL COOPERATIVE RESEARCH PROGRAM.—Section 24910(b) 
of title 49, United States Code, is amended— 
(1) in paragraph (12) by striking ‘‘and’’ at the end; 
(2) in paragraph (13) by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(14) to improve overall safety of intercity passenger and 
freight rail operations.’’. 
(p) SECRETARIAL OVERSIGHT.—Section 24403 of title 49, United 
States Code, is amended by striking subsection (b). 
Subtitle D—Safety 
SEC. 11401. HIGHWAY-RAIL GRADE CROSSING SAFETY. 
(a) MODEL STATE HIGHWAY-RAIL GRADE CROSSING ACTION 
PLAN.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Federal 
Railroad Administration shall develop a model of a State-spe-
cific highway-rail grade crossing action plan and distribute 
the plan to each State. 
(2) CONTENTS.—The plan developed under paragraph (1) 
shall include— 
(A) methodologies, tools, and data sources for identi-
fying and evaluating highway-rail grade crossing safety 
risks, including the public safety risks posed by blocked 
highway-rail grade crossings due to idling trains; 
(B) best practices to reduce the risk of highway-rail 
grade crossing accidents or incidents and to alleviate the 
blockage of highway-rail grade crossings due to idling 
trains, including strategies for— 
(i) education, including model stakeholder engage-
ment plans or tools; 
(ii) engineering, including the benefits and costs 
of different designs and technologies used to mitigate 
highway-rail grade crossing safety risks; and 
(iii) enforcement, including the strengths and 
weaknesses associated with different enforcement 
methods; 
(C) for each State, a customized list and data set 
of the highway-rail grade crossing accidents or incidents 
in that State over the past 3 years, including the location, 
number of deaths, and number of injuries for each accident 
or incident, and a list of highway-rail grade crossings in 
that State that have experienced multiple accidents or 
incidents over the past 3 years; and 
(D) contact information of a Department of Transpor-
tation safety official available to assist the State in 
adapting the model plan to satisfy the requirements under 
subsection (b). 
(b) STATE HIGHWAY-RAIL GRADE CROSSING ACTION PLANS.— 
(1) REQUIREMENTS.—Not later than 18 months after the 
Administrator develops and distributes the model plan under 
49 USC 22501 
note. 
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129 STAT. 1680 
PUBLIC LAW 114–94—DEC. 4, 2015 
subsection (a), the Administrator shall promulgate a rule that 
requires— 
(A) each State, except the 10 States identified under 
section 202 of the Rail Safety Improvement Act of 2008 
(49 U.S.C. 22501 note), to develop and implement a State 
highway-rail grade crossing action plan; and 
(B) each State identified under section 202 of the Rail 
Safety Improvement Act of 2008 (49 U.S.C. 22501 note) 
to— 
(i) update the State action plan under such section; 
and 
(ii) submit to the Administrator— 
(I) the updated State action plan; and 
(II) a report describing what the State did 
to implement its previous State action plan under 
such section and how the State will continue to 
reduce highway-rail grade crossing safety risks. 
(2) CONTENTS.—Each State plan required under this sub-
section shall— 
(A) identify highway-rail grade crossings that have 
experienced recent highway-rail grade crossing accidents 
or incidents or multiple highway-rail grade crossing 
accidents or incidents, or are at high-risk for accidents 
or incidents; 
(B) identify specific strategies for improving safety at 
highway-rail grade crossings, including highway-rail grade 
crossing closures or grade separations; and 
(C) designate a State official responsible for managing 
implementation of the State action plan under subpara-
graph (A) or (B) of paragraph (1), as applicable. 
(3) ASSISTANCE.—The Administrator shall provide assist-
ance to each State in developing and carrying out, as appro-
priate, the State action plan under this subsection. 
(4) PUBLIC AVAILABILITY.—Each State shall submit a final 
State plan under this subsection to the Administrator for 
publication. The Administrator shall make each approved State 
plan publicly available on an official Internet Web site. 
(5) 
CONDITIONS.—The 
Secretary 
may 
condition 
the 
awarding of a grant to a State under chapter 244 of title 
49, United States Code, on that State submitting an acceptable 
State action plan under this subsection. 
(6) REVIEW
OF
ACTION
PLANS.—Not later than 60 days 
after the date of receipt of a State action plan under this 
subsection, the Administrator shall— 
(A) if the State action plan is approved, notify the 
State and publish the State action plan under paragraph 
(4); and 
(B) if the State action plan is incomplete or deficient, 
notify the State of the specific areas in which the plan 
is deficient and allow the State to complete the plan or 
correct the deficiencies and resubmit the plan under para-
graph (1). 
(7) DEADLINE.—Not later than 60 days after the date of 
a notice under paragraph (6)(B), a State shall complete the 
plan or correct the deficiencies and resubmit the plan. 
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129 STAT. 1681 
PUBLIC LAW 114–94—DEC. 4, 2015 
(8) FAILURE TO COMPLETE OR CORRECT PLAN.—If a State 
fails to meet the deadline under paragraph (7), the Adminis-
trator shall post on the Web site under paragraph (4) a notice 
that the State has an incomplete or deficient highway-rail 
grade crossing action plan. 
(c) REPORT.—Not later than the date that is 3 years after 
the Administrator publishes the final rule under subsection (b)(1), 
the Administrator shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
a report on— 
(1) the specific strategies identified by States to improve 
safety at highway-rail grade crossings, including crossings with 
multiple accidents or incidents; and 
(2) the progress each State described under subsection 
(b)(1)(B) has made in implementing its action plan. 
(d) RAILWAY-HIGHWAY CROSSINGS FUNDS.—The Secretary may 
use funds made available to carry out section 130 of title 23, 
United States Code, to provide States with funds to develop a 
State highway-rail grade crossing action plan under subsection 
(b)(1)(A) or to update a State action plan under subsection (b)(1)(B). 
(e) DEFINITIONS.—In this section: 
(1) HIGHWAY-RAIL GRADE CROSSING.—The term ‘‘highway- 
rail grade crossing’’ means a location within a State, other 
than a location where 1 or more railroad tracks cross 1 or 
more railroad tracks at grade, where— 
(A) a public highway, road, or street, or a private 
roadway, including associated sidewalks and pathways, 
crosses 1 or more railroad tracks either at grade or grade- 
separated; or 
(B) a pathway explicitly authorized by a public 
authority or a railroad carrier that is dedicated for the 
use 
of 
non-vehicular 
traffic, 
including 
pedestrians, 
bicyclists, and others, that is not associated with a public 
highway, road, or street, or a private roadway, crosses 
1 or more railroad tracks either at grade or grade-sepa-
rated. 
(2) STATE.—The term ‘‘State’’ means a State of the United 
States or the District of Columbia. 
SEC. 11402. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS. 
(a) IN GENERAL.—The Secretary, in consultation with railroad 
carriers, shall conduct a study to— 
(1) determine whether limitations or weaknesses exist 
regarding the availability and usefulness for safety purposes 
of data on private highway-rail grade crossings; and 
(2) evaluate existing engineering practices on private high-
way-rail grade crossings. 
(b) CONTENTS.—In conducting the study under subsection (a), 
the Secretary shall make recommendations as necessary to 
improve— 
(1) the utility of the data on private highway-rail grade 
crossings; and 
(2) the implementation of private highway-rail crossing 
safety measures, including signage and warning systems. 
(c) REPORT.—Not later than 3 years after the date of enactment 
of this Act, the Secretary shall transmit to the Committee on 
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129 STAT. 1682 
PUBLIC LAW 114–94—DEC. 4, 2015 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives a report of the findings of the study and any rec-
ommendations for further action. 
SEC. 11403. STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY- 
RAIL GRADE CROSSINGS. 
(a) STUDY.—The Comptroller General of the United States shall 
submit a report to Congress containing the results of a study 
evaluating the final rule issued on August 17, 2006, entitled ‘‘Use 
of Locomotive Horns at Highway-Rail Grade Crossings’’ (71 Fed. 
Reg. 47614), including— 
(1) the effectiveness of such final rule; 
(2) the benefits and costs of establishing quiet zones; and 
(3) any barriers to establishing quiet zones. 
(b) SAVINGS CLAUSE.—Nothing in this section shall be construed 
to limit or preclude any planned retrospective review by the Sec-
retary of the final rule described in subsection (a). 
SEC. 
11404. 
POSITIVE 
TRAIN 
CONTROL 
AT 
GRADE 
CROSSINGS 
EFFECTIVENESS STUDY. 
After the Secretary certifies that each Class I railroad carrier 
and each entity providing regularly scheduled intercity or commuter 
rail passenger transportation is in compliance with the positive 
train control requirements under section 20157(a) of title 49, United 
States Code, the Secretary shall— 
(1) conduct a study of the possible effectiveness of positive 
train control and related technologies on reducing collisions 
at highway-rail grade crossings; and 
(2) submit a report containing the results of the study 
conducted under paragraph (1) to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives. 
SEC. 11405. BRIDGE INSPECTION REPORTS. 
Section 417(d) of the Rail Safety Improvement Act of 2008 
(49 U.S.C. 20103 note) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) AVAILABILITY OF BRIDGE CONDITION.— 
‘‘(A) IN GENERAL.—A State or political subdivision of 
a State may file a request with the Secretary for a public 
version of a bridge inspection report generated under sub-
section (b)(5) for a bridge located in such State or political 
subdivision’s jurisdiction. 
‘‘(B) PUBLIC
VERSION
OF
REPORT.—If the Secretary 
determines that the request is reasonable, the Secretary 
shall require a railroad to submit a public version of the 
most recent bridge inspection report, such as a summary 
form, for a bridge subject to a request under subparagraph 
(A). The public version of a bridge inspection report shall 
include the date of last inspection, length of bridge, location 
of bridge, type of bridge, type of structure, feature crossed 
by bridge, and railroad contact information, along with 
a general statement on the condition of the bridge. 
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129 STAT. 1683 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(C) PROVISION OF REPORT.—The Secretary shall pro-
vide to a State or political subdivision of a State a public 
version of a bridge inspection report submitted under 
subparagraph (B). 
‘‘(D) TECHNICAL ASSISTANCE.—The Secretary, upon the 
reasonable request of State or political subdivision of a 
State, shall provide technical assistance to such State or 
political subdivision of a State to facilitate the under-
standing of a bridge inspection report.’’. 
SEC. 11406. SPEED LIMIT ACTION PLANS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, each railroad carrier providing intercity 
rail passenger transportation or commuter rail passenger transpor-
tation, in consultation with any applicable host railroad carrier, 
shall survey its entire system and identify each main track location 
where there is a reduction of more than 20 miles per hour from 
the approach speed to a curve, bridge, or tunnel and the maximum 
authorized operating speed for passenger trains at that curve, 
bridge, or tunnel. 
(b) ACTION PLANS.—Not later than 120 days after the date 
that the survey under subsection (a) is complete, a railroad carrier 
described in subsection (a) shall submit to the Secretary an action 
plan that— 
(1) identifies each main track location where there is a 
reduction of more than 20 miles per hour from the approach 
speed to a curve, bridge, or tunnel and the maximum authorized 
operating speed for passenger trains at that curve, bridge, 
or tunnel; 
(2) describes appropriate actions to enable warning and 
enforcement of the maximum authorized speed for passenger 
trains at each location identified under paragraph (1), 
including— 
(A) modification to automatic train control systems, 
if applicable, or other signal systems; 
(B) increased crew size; 
(C) installation of signage alerting train crews of the 
maximum authorized speed for passenger trains in each 
location identified under paragraph (1); 
(D) installation of alerters; 
(E) increased crew communication; and 
(F) other practices; 
(3) contains milestones and target dates for implementing 
each appropriate action described under paragraph (2); and 
(4) ensures compliance with the maximum authorized speed 
at each location identified under paragraph (1). 
(c) APPROVAL.—Not later than 90 days after the date on which 
an action plan is submitted under subsection (b), the Secretary 
shall approve, approve with conditions, or disapprove the action 
plan. 
(d) ALTERNATIVE
SAFETY
MEASURES.—The Secretary may 
exempt from the requirements of this section each segment of 
track for which operations are governed by a positive train control 
system certified under section 20157 of title 49, United States 
Code, or any other safety technology or practice that would achieve 
an equivalent or greater level of safety in reducing derailment 
risk. 
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129 STAT. 1684 
PUBLIC LAW 114–94—DEC. 4, 2015 
(e) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that describes— 
(1) the actions railroad carriers have taken in response 
to Safety Advisory 2013–08, entitled ‘‘Operational Tests and 
Inspections for Compliance With Maximum Authorized Train 
Speeds and Other Speed Restrictions’’; 
(2) the actions railroad carriers have taken in response 
to Safety Advisory 2015–03, entitled ‘‘Operational and Signal 
Modifications for Compliance with Maximum Authorized Pas-
senger Train Speeds and Other Speed Restrictions’’; and 
(3) the actions the Federal Railroad Administration has 
taken to evaluate or incorporate the information and findings 
arising from the safety advisories referred to in paragraphs 
(1) and (2) into the development of regulatory action and over-
sight activities. 
(f) SAVINGS CLAUSE.—Nothing in this section shall prohibit 
the Secretary from applying the requirements of this section to 
other segments of track at high risk of overspeed derailment. 
SEC. 11407. ALERTERS. 
(a) IN GENERAL.—The Secretary shall promulgate a rule to 
require a working alerter in the controlling locomotive of each 
passenger train in intercity rail passenger transportation (as defined 
in section 24102 of title 49, United States Code) or commuter 
rail passenger transportation (as defined in section 24102 of title 
49, United States Code). 
(b) RULEMAKING.— 
(1) IN GENERAL.—The Secretary may promulgate a rule 
to specify the essential functionalities of a working alerter, 
including the manner in which the alerter can be reset. 
(2) ALTERNATE PRACTICE OR TECHNOLOGY.—The Secretary 
may require or allow a technology or practice in lieu of a 
working alerter if the Secretary determines that the technology 
or practice would achieve an equivalent or greater level of 
safety in enhancing or ensuring appropriate locomotive control. 
SEC. 11408. SIGNAL PROTECTION. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall initiate a rulemaking 
to require that on-track safety regulations, whenever practicable 
and consistent with other safety requirements and operational 
considerations, include requiring implementation of redundant 
signal protection for maintenance-of-way work crews who depend 
on a train dispatcher to provide signal protection. 
(b) ALTERNATIVE SAFETY MEASURES.—The Secretary shall con-
sider exempting from any final requirements of this section each 
segment of track for which operations are governed by a positive 
train control system certified under section 20157 of title 49, United 
States Code, or any other safety technology or practice that would 
achieve an equivalent or greater level of safety in providing addi-
tional signal protection. 
SEC. 11409. COMMUTER RAIL TRACK INSPECTIONS. 
(a) IN GENERAL.—The Secretary shall evaluate track inspection 
regulations to determine if a railroad carrier providing commuter 
49 USC 20142 
note. 
49 USC 20501 
note. 
49 USC 20103 
note. 
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129 STAT. 1685 
PUBLIC LAW 114–94—DEC. 4, 2015 
rail passenger transportation on high density commuter railroad 
lines should be required to inspect the lines in the same manner 
as is required for other commuter railroad lines. 
(b) RULEMAKING.—Considering safety, including railroad carrier 
employee and contractor safety, system capacity, and other relevant 
factors, the Secretary may promulgate a rule for high density com-
muter railroad lines. If, after the evaluation under subsection (a), 
the Secretary determines that it is necessary to promulgate a rule, 
the Secretary shall specifically consider the following regulatory 
requirements for high density commuter railroad lines: 
(1) At least once every 2 weeks— 
(A) traverse each main line by vehicle; or 
(B) inspect each main line on foot. 
(2) At least once each month, traverse and inspect each 
siding by vehicle or by foot. 
(c) REPORT.—If, after the evaluation under subsection (a), the 
Secretary determines it is not necessary to revise the regulations 
under this section, the Secretary, not later than 18 months after 
the date of enactment of this Act, shall transmit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report explaining the reasons for not revising 
the regulations. 
(d) CONSTRUCTION.—Nothing in this section may be construed 
to limit the authority of the Secretary to promulgate regulations 
or issue orders under any other law. 
SEC. 11410. POST-ACCIDENT ASSESSMENT. 
(a) IN
GENERAL.—The Secretary, in cooperation with the 
National Transportation Safety Board and Amtrak, shall conduct 
a post-accident assessment of the Amtrak Northeast Regional Train 
#188 crash on May 12, 2015. 
(b) ELEMENTS.—The assessment conducted pursuant to sub-
section (a) shall include— 
(1) a review of Amtrak’s compliance with the plan for 
addressing the needs of the families of passengers involved 
in any rail passenger accident, which was submitted pursuant 
to section 24316 of title 49, United States Code; 
(2) a review of Amtrak’s compliance with the emergency 
preparedness plan required under section 239.101(a) of title 
49, Code of Federal Regulations; 
(3) a determination of any additional action items that 
should be included in the plans referred to in paragraphs 
(1) and (2) to meet the needs of the passengers involved in 
the crash and their families, including— 
(A) notification of emergency contacts; 
(B) dedicated and trained staff to manage family assist-
ance; 
(C) the establishment of a family assistance center 
at the accident locale or other appropriate location; 
(D) a system for identifying and recovering items 
belonging to passengers that were lost in the crash; and 
(E) the establishment of a single customer service 
entity within Amtrak to coordinate the response to the 
needs of the passengers involved in the crash and their 
families; and 
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129 STAT. 1686 
PUBLIC LAW 114–94—DEC. 4, 2015 
(4) recommendations for any additional training needed 
by Amtrak staff to better implement the plans referred to 
in paragraphs (1) and (2), including the establishment of a 
regular schedule for training drills and exercises. 
(c) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, Amtrak shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that describes— 
(1) Amtrak’s plan to achieve the recommendations referred 
to in subsection (b)(4); and 
(2) any steps that have been taken to address any defi-
ciencies identified through the assessment. 
SEC. 11411. RECORDING DEVICES. 
(a) IN GENERAL.—Subchapter II of chapter 201 of title 49, 
United States Code, is amended by adding at the end the following: 
‘‘§ 20168. Installation of audio and image recording devices 
‘‘(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of the Passenger Rail Reform and Investment Act of 
2015, the Secretary of Transportation shall promulgate regulations 
to require each railroad carrier that provides regularly scheduled 
intercity rail passenger or commuter rail passenger transportation 
to the public to install inward- and outward-facing image recording 
devices in all controlling locomotive cabs and cab car operating 
compartments in such passenger trains. 
‘‘(b) DEVICE STANDARDS.—Each inward- and outward-facing 
image recording device shall— 
‘‘(1) have a minimum 12-hour continuous recording capa-
bility; 
‘‘(2) have crash and fire protections for any in-cab image 
recordings that are stored only within a controlling locomotive 
cab or cab car operating compartment; and 
‘‘(3) have recordings accessible for review during an 
accident or incident investigation. 
‘‘(c) REVIEW.—The Secretary shall establish a process to review 
and approve or disapprove an inward- or outward-facing image 
recording device for compliance with the standards described in 
subsection (b). 
‘‘(d) USES.—A railroad carrier subject to the requirements of 
subsection (a) that has installed an inward- or outward-facing image 
recording device approved under subsection (c) may use recordings 
from that inward- or outward-facing image recording device for 
the following purposes: 
‘‘(1) Verifying that train crew actions are in accordance 
with applicable safety laws and the railroad carrier’s operating 
rules and procedures, including a system-wide program for 
such verification. 
‘‘(2) Assisting in an investigation into the causation of 
a reportable accident or incident. 
‘‘(3) Documenting a criminal act or monitoring unauthor-
ized occupancy of the controlling locomotive cab or car operating 
compartment. 
‘‘(4) Other purposes that the Secretary considers appro-
priate. 
‘‘(e) DISCRETION.— 
49 USC 20168. 
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129 STAT. 1687 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) IN GENERAL.—The Secretary may— 
‘‘(A) require in-cab audio recording devices for the pur-
poses described in subsection (d); and 
‘‘(B) define in appropriate technical detail the essential 
features of the devices required under subparagraph (A). 
‘‘(2) EXEMPTIONS.—The Secretary may exempt any railroad 
carrier subject to the requirements of subsection (a) or any 
part of the carrier’s operations from the requirements under 
subsection (a) if the Secretary determines that the carrier has 
implemented an alternative technology or practice that provides 
an equivalent or greater safety benefit or that is better suited 
to the risks of the operation. 
‘‘(f) TAMPERING.—A railroad carrier subject to the requirements 
of subsection (a) may take appropriate enforcement or administra-
tive action against any employee that tampers with or disables 
an audio or inward- or outward-facing image recording device 
installed by the railroad carrier. 
‘‘(g) PRESERVATION OF DATA.—Each railroad carrier subject to 
the requirements of subsection (a) shall preserve recording device 
data for 1 year after the date of a reportable accident or incident. 
‘‘(h) INFORMATION PROTECTIONS.—The Secretary may not dis-
close publicly any part of an in-cab audio or image recording or 
transcript of oral communications by or among train employees 
or other operating employees responsible for the movement and 
direction of the train, or between such operating employees and 
company communication centers, related to an accident or incident 
investigated by the Secretary. The Secretary may make public 
any part of a transcript or any written depiction of visual informa-
tion that the Secretary determines is relevant to the accident at 
the time a majority of the other factual reports on the accident 
or incident are released to the public. 
‘‘(i) PROHIBITED USE.—An in-cab audio or image recording 
obtained by a railroad carrier under this section may not be used 
to retaliate against an employee. 
‘‘(j) SAVINGS CLAUSE.—Nothing in this section may be construed 
as requiring a railroad carrier to cease or restrict operations upon 
a technical failure of an inward- or outward-facing image recording 
device or in-cab audio device. Such railroad carrier shall repair 
or replace the failed inward- or outward-facing image recording 
device as soon as practicable.’’. 
(b) CONFORMING AMENDMENT.—The table of contents for sub-
chapter II of chapter 201 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘20168. Installation of audio and image recording devices.’’. 
SEC. 11412. RAILROAD POLICE OFFICERS. 
(a) IN GENERAL.—Section 28101 of title 49, United States Code, 
is amended— 
(1) by striking ‘‘employed by’’ each place it appears and 
inserting ‘‘directly employed by or contracted by’’; 
(2) in subsection (b), by inserting ‘‘or agent, as applicable,’’ 
after ‘‘an employee’’; and 
(3) by adding at the end the following: 
‘‘(c) TRANSFERS.— 
‘‘(1) IN
GENERAL.—If a railroad police officer directly 
employed by or contracted by a rail carrier and certified or 
commissioned as a police officer under the laws of a State 
49 USC 
prec. 20101. 
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129 STAT. 1688 
PUBLIC LAW 114–94—DEC. 4, 2015 
transfers primary employment or residence from the certifying 
or commissioning State to another State or jurisdiction, the 
railroad police officer, not later than 1 year after the date 
of transfer, shall apply to be certified or commissioned as a 
police office under the laws of the State of new primary employ-
ment or residence. 
‘‘(2) INTERIM PERIOD.—During the period beginning on the 
date of transfer and ending 1 year after the date of transfer, 
a railroad police officer directly employed by or contracted 
by a rail carrier and certified or commissioned as a police 
officer under the laws of a State may enforce the laws of 
the new jurisdiction in which the railroad police officer resides, 
to the same extent as provided in subsection (a). 
‘‘(d) TRAINING.— 
‘‘(1) IN GENERAL.—A State may recognize as meeting that 
State’s basic police officer certification or commissioning 
requirements for qualification as a rail police officer under 
this section any individual who successfully completes a pro-
gram at a State-recognized police training academy in another 
State or at a Federal law enforcement training center and 
who is certified or commissioned as a police officer by that 
other State. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed as superseding or affecting any State 
training requirements related to criminal law, criminal proce-
dure, motor vehicle code, any other State law, or State-man-
dated comparative or annual in-service training academy or 
Federal law enforcement training center.’’. 
(b) REGULATIONS.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall revise the regulations 
in part 207 of title 49, Code of Federal Regulations (relating to 
railroad police officers), to permit a railroad to designate an indi-
vidual, who is commissioned in the individual’s State of legal resi-
dence or State of primary employment and directly employed by 
or contracted by a railroad to enforce State laws for the protection 
of railroad property, personnel, passengers, and cargo, to serve 
in the States in which the railroad owns property. 
(c) CONFORMING AMENDMENTS.— 
(1) AMTRAK
RAIL
POLICE.—Section 24305(e) of title 49, 
United States Code, is amended— 
(A) by striking ‘‘may employ’’ and inserting ‘‘may 
directly employ or contract with’’; 
(B) by striking ‘‘employed by’’ and inserting ‘‘directly 
employed by or contracted by’’; and 
(C) by striking ‘‘employed without’’ and inserting 
‘‘directly employed or contracted without’’. 
(2) EXCEPTIONS.—Section 922(z)(2)(B) of title 18, United 
States Code, is amended by striking ‘‘employed by’’ and 
inserting ‘‘directly employed by or contracted by’’. 
SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPEC-
TION EQUIPMENT. 
(a) IN GENERAL.—Subchapter I of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following: 
49 USC 28101 
note. 
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129 STAT. 1689 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘§ 20121. Repair and replacement of damaged track inspec-
tion equipment 
‘‘The Secretary of Transportation may receive and expend cash, 
or receive and utilize spare parts and similar items, from non- 
United States Government sources to repair damages to or replace 
United States Government-owned automated track inspection cars 
and equipment as a result of third-party liability for such damages, 
and any amounts collected under this section shall be credited 
directly to the Railroad Safety and Operations account of the Fed-
eral Railroad Administration and shall remain available until 
expended for the repair, operation, and maintenance of automated 
track inspection cars and equipment in connection with the auto-
mated track inspection program.’’. 
(b) CONFORMING AMENDMENT.—The table of contents for sub-
chapter I of chapter 201 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 
SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION. 
(a) REPORT.—Not later than 9 months after the date of enact-
ment of this Act, the Secretary shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report detailing research conducted or procured 
by the Federal Railroad Administration on developing a system 
that measures vertical track deflection (in this section referred 
to as ‘‘VTD’’) from a moving rail car, including the ability of such 
system to identify poor track support from fouled ballast, deterio-
rated cross ties, or other conditions. 
(b) CONTENTS.—The report required under subsection (a) shall 
include— 
(1) the findings and results of testing of VTD instrumenta-
tion during field trials on revenue service track; 
(2) the findings and results of subsequent testing of VTD 
instrumentation on a Federal Railroad Administration auto-
mated track inspection program geometry car; 
(3) if considered appropriate by the Secretary based on 
the report and related research, a plan for developing quan-
titative inspection criteria for poor track support using existing 
VTD instrumentation on Federal Railroad Administration auto-
mated track inspection program geometry cars; and 
(4) if considered appropriate by the Secretary based on 
the report and related research, a plan for installing VTD 
instrumentation on all remaining Federal Railroad Administra-
tion automated track inspection program geometry cars not 
later than 3 years after the date of enactment of this Act. 
SEC. 11415. RAIL PASSENGER LIABILITY. 
(a) AMTRAK INCIDENT.—Notwithstanding any other provision 
of law, the aggregate allowable awards to all rail passengers, 
against all defendants, for all claims, including claims for punitive 
damages, arising from a single accident or incident involving 
Amtrak occurring on May 12, 2015, shall not exceed $295,000,000. 
(b) ADJUSTMENT BASED
ON CONSUMER PRICE INDEX.—The 
liability cap under section 28103(a)(2) of title 49, United States 
Code, shall be adjusted on the date of enactment of this Act to 
49 USC 28103 
note. 
49 USC 
prec. 20101. 
49 USC 20121. 
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129 STAT. 1690 
PUBLIC LAW 114–94—DEC. 4, 2015 
reflect the change in the Consumer Price Index-All Urban Con-
sumers between such date and December 2, 1997, and the Secretary 
shall provide appropriate public notice of such adjustment. The 
adjustment of the liability cap shall be effective 30 days after 
such notice. Every fifth year after the date of enactment of this 
Act, the Secretary shall adjust such liability cap to reflect the 
change in the Consumer Price Index-All Urban Consumers since 
the last adjustment. The Secretary shall provide appropriate public 
notice of each such adjustment, and the adjustment shall become 
effective 30 days after such notice. 
Subtitle E—Project Delivery 
SEC. 11501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Track, Railroad, and Infra-
structure Network Act’’ or the ‘‘TRAIN Act’’. 
SEC. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT 
UNDER PRESERVATION REQUIREMENTS. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, United 
States Code, is further amended by adding at the end the following: 
‘‘(f) RAIL AND TRANSIT.— 
‘‘(1) IN GENERAL.—Improvements to, or the maintenance, 
rehabilitation, or operation of, railroad or rail transit lines 
or elements thereof that are in use or were historically used 
for the transportation of goods or passengers shall not be consid-
ered a use of a 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. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to— 
‘‘(i) stations; or 
‘‘(ii) bridges or tunnels located on— 
‘‘(I) railroad lines that have been abandoned; 
or 
‘‘(II) transit lines that are not in use. 
‘‘(B) CLARIFICATION WITH RESPECT TO CERTAIN BRIDGES 
AND
TUNNELS.—The bridges and tunnels referred to in 
subparagraph (A)(ii) do not include bridges or tunnels 
located on railroad or transit lines— 
‘‘(i) over which service has been discontinued; or 
‘‘(ii) that have been railbanked or otherwise 
reserved for the transportation of goods or pas-
sengers.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, United 
States Code, is further amended— 
(1) in subsection (c), in the matter preceding paragraph 
(1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsections (d) 
and (h)’’; and 
(2) by adding at the end the following: 
‘‘(h) RAIL AND TRANSIT.— 
‘‘(1) IN GENERAL.—Improvements to, or the maintenance, 
rehabilitation, or operation of, railroad or rail transit lines 
or elements thereof that are in use or were historically used 
49 USC 20101 
note. 
Track, Railroad, 
and 
Infrastructure 
Network Act. 
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129 STAT. 1691 
PUBLIC LAW 114–94—DEC. 4, 2015 
for the transportation of goods or passengers shall not be consid-
ered a use of a 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. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to— 
‘‘(i) stations; or 
‘‘(ii) bridges or tunnels located on— 
‘‘(I) railroad lines that have been abandoned; 
or 
‘‘(II) transit lines that are not in use. 
‘‘(B) CLARIFICATION WITH RESPECT TO CERTAIN BRIDGES 
AND
TUNNELS.—The bridges and tunnels referred to in 
subparagraph (A)(ii) do not include bridges or tunnels 
located on railroad or transit lines— 
‘‘(i) over which service has been discontinued; or 
‘‘(ii) that have been railbanked or otherwise 
reserved for the transportation of goods or pas-
sengers.’’. 
SEC. 11503. EFFICIENT ENVIRONMENTAL REVIEWS. 
(a) AMENDMENT.—Title 49, United States Code, is amended 
by inserting after chapter 241 the following new chapter: 
‘‘CHAPTER 242—PROJECT DELIVERY 
‘‘Sec. 
‘‘24201. Efficient environmental reviews. 
‘‘§ 24201. Efficient environmental reviews 
‘‘(a) EFFICIENT ENVIRONMENTAL REVIEWS.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation shall 
apply the project development procedures, to the greatest extent 
feasible, described in section 139 of title 23 to any railroad 
project that requires the approval of the Secretary under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(2) REGULATIONS AND PROCEDURES.—In carrying out para-
graph (1), the Secretary shall incorporate into agency regula-
tions and procedures pertaining to railroad projects described 
in paragraph (1) aspects of such project development proce-
dures, or portions thereof, determined appropriate by the Sec-
retary in a manner consistent with this section, that increase 
the efficiency of the review of railroad projects. 
‘‘(3) DISCRETION.—The Secretary may choose not to incor-
porate into agency regulations and procedures pertaining to 
railroad projects described in paragraph (1) such project 
development procedures that could only feasibly apply to high-
way projects, public transportation capital projects, and 
multimodal projects. 
‘‘(4) APPLICABILITY.—Subsection (l) of section 139 of title 
23 shall apply to railroad projects described in paragraph (1), 
except that the limitation on claims of 150 days shall be 2 
years. 
‘‘(b) ADDITIONAL CATEGORICAL EXCLUSIONS.—Not later than 6 
months after the date of enactment of the Passenger Rail Reform 
and Investment Act of 2015, the Secretary shall— 
49 USC 24201. 
49 USC 
prec. 24201. 
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129 STAT. 1692 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) survey the use by the Federal Railroad Administration 
of categorical exclusions in transportation projects since 2005; 
and 
‘‘(2) publish in the Federal Register for notice and public 
comment a review of the survey that includes a description 
of— 
‘‘(A) the types of actions categorically excluded; and 
‘‘(B) any actions the Secretary is considering for new 
categorical exclusions, including those that would conform 
to those of other modal administrations. 
‘‘(c) NEW CATEGORICAL EXCLUSIONS.—Not later than 1 year 
after the date of enactment of the Passenger Rail Reform and 
Investment Act of 2015, the Secretary shall publish a notice of 
proposed rulemaking to propose new and existing categorical exclu-
sions for railroad projects that require the approval of the Secretary 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), including those identified under subsection (b), and 
develop a process for considering new categorical exclusions to 
the extent that the categorical exclusions meet the criteria for 
a categorical exclusion under section 1508.4 of title 40, Code of 
Federal Regulations. 
‘‘(d) TRANSPARENCY.—The Secretary shall maintain and make 
publicly available, including on the Internet, a database that identi-
fies project-specific information on the use of a categorical exclusion 
on any railroad project carried out under this title. 
‘‘(e) PROTECTIONS
FOR EXISTING AGREEMENTS
AND NEPA.— 
Nothing in subtitle E of the Passenger Rail Reform and Investment 
Act of 2015, or any amendment made by such subtitle, shall affect 
any existing environmental review process, program, agreement, 
or funding arrangement approved by the Secretary under title 49, 
as that title was in effect on the day preceding the date of enactment 
of such subtitle.’’. 
(b) SAVINGS CLAUSE.—Except as expressly provided in section 
41003(f) and subsection (o) of section 139 of title 23, United States 
Code, the requirements and other provisions of title 41 of this 
Act shall not apply to— 
(1) programs administered now and in the future by the 
Department of Transportation or its operating administrations 
under title 23, 46, or 49, United States Code, including direct 
loan and loan guarantee programs, or other Federal statutes 
or programs or projects administered by an agency pursuant 
to their authority under title 49, United States Code; or 
(2) any project subject to section 2045 of the Water 
Resources Development Act of 2007 (33 U.S.C. 2348). 
(c) TABLE OF CHAPTERS AMENDMENT.—The table of chapters 
of subtitle V of title 49, United States Code, is amended by inserting 
after the item relating to chapter 241 the following: 
‘‘242. Project delivery ............................................................................................24201’’. 
SEC. 11504. RAILROAD RIGHTS-OF-WAY. 
(a) AMENDMENT.—Chapter 242 of title 49, United States Code, 
(as added by this Act) is amended by adding at the end the following: 
‘‘§ 24202. Railroad rights-of-way 
‘‘(a) IN GENERAL.—Not later than 1 year after the date of 
enactment of the Passenger Rail Reform and Investment Act of 
2015, the Secretary shall submit a proposed exemption of railroad 
49 USC 24202. 
49 USC 
prec. 20101. 
42 USC 4370m 
note. 
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129 STAT. 1693 
PUBLIC LAW 114–94—DEC. 4, 2015 
rights-of-way from the review under section 306108 of title 54 
to the Advisory Council on Historic Preservation for consideration, 
consistent with the exemption for interstate highways approved 
on March 10, 2005 (70 Fed. Reg. 11,928). 
‘‘(b) FINAL EXEMPTION.—Not later than 180 days after the 
date on which the Secretary submits the proposed exemption under 
subsection (a) to the Council, the Council shall issue a final exemp-
tion of railroad rights-of-way from review under chapter 3061 of 
title 54 consistent with the exemption for interstate highways 
approved on March 10, 2005 (70 Fed. Reg. 11,928).’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 242 of title 49, United States Code, (as added by this 
Act) is amended by adding at the end the following: 
‘‘24202. Railroad rights-of-way.’’. 
Subtitle F—Financing 
SEC. 11601. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Railroad 
Infrastructure Financing Improvement Act’’. 
(b) REFERENCES TO THE RAILROAD REVITALIZATION AND REGU-
LATORY REFORM ACT OF 1976.—Except as otherwise expressly pro-
vided, wherever in this subtitle an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section 
or other provision, the reference shall be considered to be made 
to a section or other provision of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.). 
SEC. 11602. DEFINITIONS. 
Section 501 (45 U.S.C. 821) is amended— 
(1) by redesignating paragraph (8) as paragraph (10); 
(2) by redesignating paragraphs (6) and (7) as paragraphs 
(7) and (8), respectively; 
(3) by inserting after paragraph (5) the following: 
‘‘(6) The term ‘investment-grade rating’ means a rating 
of BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned 
by a rating agency.’’; 
(4) by inserting after paragraph (8), as redesignated, the 
following: 
‘‘(9) The term ‘master credit agreement’ means an agree-
ment to make 1 or more direct loans or loan guarantees at 
future dates for a program of related projects on terms accept-
able to the Secretary.’’; and 
(5) by adding at the end the following: 
‘‘(11) The term ‘project obligation’ means a note, bond, 
debenture, or other debt obligation issued by a borrower in 
connection with the financing of a project, other than a direct 
loan or loan guarantee under this title. 
‘‘(12) The term ‘railroad’ has the meaning given the term 
‘railroad carrier’ in section 20102 of title 49, United States 
Code. 
‘‘(13) The term ‘rating agency’ means a credit rating agency 
registered with the Securities and Exchange Commission as 
a nationally recognized statistical rating organization (as 
defined in section 3(a) of the Securities Exchange Act of 1934 
(15 U.S.C. 78c(a))). 
45 USC 801 note. 
Railroad 
Infrastructure 
Financing 
Improvement 
Act. 
49 USC 
prec. 24201. 
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129 STAT. 1694 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(14) The term ‘substantial completion’ means— 
‘‘(A) the opening of a project to passenger or freight 
traffic; or 
‘‘(B) a comparable event, as determined by the Sec-
retary and specified in the terms of the direct loan or 
loan guarantee provided by the Secretary.’’. 
SEC. 11603. ELIGIBLE APPLICANTS. 
Section 502(a) (45 U.S.C. 822(a)) is amended— 
(1) in paragraph (5), by striking ‘‘one railroad’’ and inserting 
‘‘1 of the entities described in paragraph (1), (2), (3), (4), or 
(6)’’; and 
(2) by amending paragraph (6) to read as follows: 
‘‘(6) solely for the purpose of constructing a rail connection 
between a plant or facility and a railroad, limited option freight 
shippers that own or operate a plant or other facility.’’. 
SEC. 11604. ELIGIBLE PURPOSES. 
(a) IN GENERAL.—Section 502(b)(1) (45 U.S.C. 822(b)(1)) is 
amended— 
(1) in subparagraph (A), by inserting ‘‘, and costs related 
to these activities, including pre-construction costs’’ after 
‘‘shops’’; 
(2) in subparagraph (B), by striking ‘‘subparagraph (A); 
or’’ and inserting ‘‘subparagraph (A) or (C);’’; 
(3) in subparagraph (C), by striking the period at the 
end and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(D) reimburse planning and design expenses relating 
to activities described in subparagraph (A) or (C); or 
‘‘(E) finance economic development, including commer-
cial and residential development, and related infrastructure 
and activities, that— 
‘‘(i) incorporates private investment; 
‘‘(ii) is physically or functionally related to a pas-
senger rail station or multimodal station that includes 
rail service; 
‘‘(iii) has a high probability of the applicant com-
mencing the contracting process for construction not 
later than 90 days after the date on which the direct 
loan or loan guarantee is obligated for the project 
under this title; and 
‘‘(iv) has a high probability of reducing the need 
for financial assistance under any other Federal pro-
gram for the relevant passenger rail station or service 
by increasing ridership, tenant lease payments, or 
other activities that generate revenue exceeding costs.’’. 
(b) REQUIRED NON-FEDERAL MATCH
FOR TRANSIT-ORIENTED 
DEVELOPMENT PROJECTS.—Section 502(h) (45 U.S.C. 822(h)) is 
amended by adding at the end the following: 
‘‘(4) The Secretary shall require each recipient of a direct loan 
or loan guarantee under this section for a project described in 
subsection (b)(1)(E) to provide a non-Federal match of not less 
than 25 percent of the total amount expended by the recipient 
for such project.’’. 
(c) SUNSET.—Section 502(b) (45 U.S.C. 822(b)) is amended by 
adding at the end the following: 
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129 STAT. 1695 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(3) SUNSET.—The Secretary may provide a direct loan 
or loan guarantee under this section for a project described 
in paragraph (1)(E) only during the 4-year period beginning 
on the date of enactment of the Passenger Rail Reform and 
Investment Act of 2015.’’. 
SEC. 11605. PROGRAM ADMINISTRATION. 
(a) APPLICATION PROCESSING PROCEDURES.—Section 502(i) (45 
U.S.C. 822(i)) is amended to read as follows: 
‘‘(i) APPLICATION PROCESSING PROCEDURES.— 
‘‘(1) APPLICATION STATUS NOTICES.—Not later than 30 days 
after the date that the Secretary receives an application under 
this section, or additional information and material under para-
graph (2)(B), the Secretary shall provide the applicant written 
notice as to whether the application is complete or incomplete. 
‘‘(2) INCOMPLETE
APPLICATIONS.—If the Secretary deter-
mines that an application is incomplete, the Secretary shall— 
‘‘(A) provide the applicant with a description of all 
of the specific information or material that is needed to 
complete the application, including any information 
required by an independent financial analyst; and 
‘‘(B) allow the applicant to resubmit the application 
with the information and material described under 
subparagraph (A) to complete the application. 
‘‘(3) APPLICATION APPROVALS AND DISAPPROVALS.— 
‘‘(A) IN GENERAL.—Not later than 60 days after the 
date the Secretary notifies an applicant that an application 
is complete under paragraph (1), the Secretary shall pro-
vide the applicant written notice as to whether the Sec-
retary has approved or disapproved the application. 
‘‘(B) ACTIONS
BY
THE
OFFICE
OF
MANAGEMENT
AND 
BUDGET.—In order to enable compliance with the time limit 
under subparagraph (A), the Office of Management and 
Budget shall take any action required with respect to the 
application within that 60-day period. 
‘‘(4) EXPEDITED PROCESSING.—The Secretary shall imple-
ment procedures and measures to economize the time and 
cost involved in obtaining an approval or a disapproval of 
an application for a direct loan or loan guarantee under this 
title. 
‘‘(5) DASHBOARD.—The Secretary shall post on the Depart-
ment of Transportation’s Internet Web site a monthly report 
that includes, for each application— 
‘‘(A) the applicant type; 
‘‘(B) the location of the project; 
‘‘(C) a brief description of the project, including its 
purpose; 
‘‘(D) the requested direct loan or loan guarantee 
amount; 
‘‘(E) the date on which the Secretary provided applica-
tion status notice under paragraph (1); and 
‘‘(F) the date that the Secretary provided notice of 
approval or disapproval under paragraph (3).’’. 
(b) ADMINISTRATION
OF DIRECT LOANS
AND LOAN GUARAN-
TEES.—Section 503 (45 U.S.C. 823) is amended— 
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129 STAT. 1696 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) in subsection (a) by striking the period at the end 
and inserting ‘‘, including a program guide, a standard term 
sheet, and specific timetables.’’; 
(2) by redesignating subsections (c) through (l) as sub-
sections (d) through (m), respectively; 
(3) by striking ‘‘(b) ASSIGNMENT OF LOAN GUARANTEES.— 
’’ and inserting ‘‘(c) ASSIGNMENT
OF LOAN GUARANTEES.—’’; 
(4) in subsection (d), as so redesignated— 
(A) in paragraph (1) by striking ‘‘; and’’ and inserting 
a semicolon; 
(B) in paragraph (2) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) the modification cost has been covered under section 
502(f).’’; and 
(5) by striking subsection (l), as so redesignated, and 
inserting the following: 
‘‘(l) CHARGES AND LOAN SERVICING.— 
‘‘(1) PURPOSES.—The Secretary may collect from each 
applicant, obligor, or loan party a reasonable charge for— 
‘‘(A) the cost of evaluating the application, amend-
ments, modifications, and waivers, including for evaluating 
project viability, applicant creditworthiness, and the 
appraisal of the value of the equipment or facilities for 
which the direct loan or loan guarantee is sought, and 
for making necessary determinations and findings; 
‘‘(B) the cost of award management and project 
management oversight; 
‘‘(C) the cost of services from expert firms, including 
counsel, and independent financial advisors to assist in 
the underwriting, auditing, servicing, and exercise of rights 
with respect to direct loans and loan guarantees; and 
‘‘(D) the cost of all other expenses incurred as a result 
of a breach of any term or condition or any event of default 
on a direct loan or loan guarantee. 
‘‘(2) STANDARDS.—The Secretary may charge different 
amounts under this subsection based on the different costs 
incurred under paragraph (1). 
‘‘(3) SERVICER.— 
‘‘(A) IN GENERAL.—The Secretary may appoint a finan-
cial entity to assist the Secretary in servicing a direct 
loan or loan guarantee under this title. 
‘‘(B) DUTIES.—A servicer appointed under subpara-
graph (A) shall act as the agent of the Secretary in serving 
a direct loan or loan guarantee under this title. 
‘‘(C) FEES.—A servicer appointed under subparagraph 
(A) shall receive a servicing fee from the obligor or other 
loan party, subject to approval by the Secretary. 
‘‘(4) SAFETY AND OPERATIONS ACCOUNT.—Amounts collected 
under this subsection shall— 
‘‘(A) be credited directly to the Safety and Operations 
account of the Federal Railroad Administration; and 
‘‘(B) remain available until expended to pay for the 
costs described in this subsection.’’. 
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129 STAT. 1697 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 11606. LOAN TERMS AND REPAYMENT. 
(a) PREREQUISITES
FOR
ASSISTANCE.—Section 502(g)(1) (45 
U.S.C. 822(g)(1)) is amended by striking ‘‘35 years from the date 
of its execution’’ and inserting the following: ‘‘the lesser of— 
‘‘(A) 35 years after the date of substantial completion 
of the project; or 
‘‘(B) the estimated useful life of the rail equipment 
or facilities to be acquired, rehabilitated, improved, devel-
oped, or established’’. 
(b) REPAYMENT SCHEDULES.—Section 502(j) (45 U.S.C. 822(j)) 
is amended— 
(1) in paragraph (1) by striking ‘‘the sixth anniversary 
date of the original loan disbursement’’ and inserting ‘‘5 years 
after the date of substantial completion’’; and 
(2) by adding at the end the following: 
‘‘(3) DEFERRED PAYMENTS.— 
‘‘(A) IN GENERAL.—If at any time after the date of 
substantial completion the obligor is unable to pay the 
scheduled loan repayments of principal and interest on 
a direct loan provided under this section, the Secretary, 
subject to subparagraph (B), may allow, for a maximum 
aggregate time of 1 year over the duration of the direct 
loan, the obligor to add unpaid principal and interest to 
the outstanding balance of the direct loan. 
‘‘(B) INTEREST.—A payment deferred under subpara-
graph (A) shall— 
‘‘(i) continue to accrue interest under paragraph 
(2) until the loan is fully repaid; and 
‘‘(ii) be scheduled to be amortized over the 
remaining term of the loan. 
‘‘(4) PREPAYMENTS.— 
‘‘(A) USE
OF
EXCESS
REVENUES.—With respect to a 
direct loan provided by the Secretary under this section, 
any excess revenues that remain after satisfying scheduled 
debt service requirements on the project obligations and 
direct loan and all deposit requirements under the terms 
of any trust agreement, bond resolution, or similar agree-
ment securing project obligations may be applied annually 
to prepay the direct loan without penalty. 
‘‘(B) USE OF PROCEEDS OF REFINANCING.—The direct 
loan may be prepaid at any time without penalty from 
the proceeds of refinancing from non-Federal funding 
sources.’’. 
(c) SALE OF DIRECT LOANS.—Section 502 (45 U.S.C. 822) is 
amended by adding at the end the following: 
‘‘(k) SALE OF DIRECT LOANS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2) and as soon 
as practicable after substantial completion of a project, the 
Secretary, after notifying the obligor, may sell to another entity 
or reoffer into the capital markets a direct loan for the project 
if the Secretary determines that the sale or reoffering has 
a high probability of being made on favorable terms. 
‘‘(2) CONSENT OF OBLIGOR.—In making a sale or reoffering 
under paragraph (1), the Secretary may not change the original 
terms and conditions of the secured loan without the prior 
written consent of the obligor.’’. 
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129 STAT. 1698 
PUBLIC LAW 114–94—DEC. 4, 2015 
(d) NONSUBORDINATION.—Section 502 (45 U.S.C. 822) is further 
amended by adding at the end the following: 
‘‘(l) NONSUBORDINATION.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
a direct loan provided by the Secretary under this section 
shall not be subordinated to the claims of any holder of project 
obligations in the event of bankruptcy, insolvency, or liquidation 
of the obligor. 
‘‘(2) PREEXISTING INDENTURES.— 
‘‘(A) IN
GENERAL.—The Secretary may waive the 
requirement under paragraph (1) for a public agency bor-
rower that is financing ongoing capital programs and has 
outstanding senior bonds under a preexisting indenture 
if— 
‘‘(i) the direct loan is rated in the A category or 
higher; 
‘‘(ii) the direct loan is secured and payable from 
pledged revenues not affected by project performance, 
such as a tax-based revenue pledge or a system-backed 
pledge of project revenues; and 
‘‘(iii) the program share, under this title, of eligible 
project costs is 50 percent or less. 
‘‘(B) LIMITATION.—The Secretary may impose limita-
tions for the waiver of the nonsubordination requirement 
under this paragraph if the Secretary determines that such 
limitations would be in the financial interest of the Federal 
Government.’’. 
SEC. 11607. CREDIT RISK PREMIUMS. 
(a) INFRASTRUCTURE
PARTNERS.—Section 502(f) (45 U.S.C. 
822(f)) is amended— 
(1) in paragraph (1) by striking the first sentence and 
inserting the following: ‘‘In lieu of or in combination with appro-
priations of budget authority to cover the costs of direct loans 
and loan guarantees as required under section 504(b)(1) of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)), 
including the cost of a modification thereof, the Secretary may 
accept on behalf of an applicant for assistance under this section 
a commitment from a non-Federal source, including a State 
or local government or agency or public benefit corporation 
or public authority thereof, to fund in whole or in part credit 
risk premiums and modification costs with respect to the loan 
that is the subject of the application or modification.’’; 
(2) in paragraph (2)— 
(A) in subparagraph (D), by adding ‘‘and’’ after the 
semicolon; 
(B) by striking subparagraph (E); and 
(C) by redesignating subparagraph (F) as subparagraph 
(E); 
(3) by striking paragraph (4); 
(4) by redesignating paragraph (3) as paragraph (4); 
(5) by inserting after paragraph (2) the following: 
‘‘(3) CREDITWORTHINESS.—An applicant may propose and 
the Secretary shall accept as a basis for determining the amount 
of the credit risk premium under paragraph (2) any of the 
following in addition to the value of any tangible asset: 
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129 STAT. 1699 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) The net present value of a future stream of State 
or local subsidy income or other dedicated revenues to 
secure the direct loan or loan guarantee. 
‘‘(B) Adequate coverage requirements to ensure repay-
ment, on a non-recourse basis, from cash flows generated 
by the project or any other dedicated revenue source, 
including— 
‘‘(i) tolls; 
‘‘(ii) user fees; or 
‘‘(iii) payments owing to the obligor under a public- 
private partnership. 
‘‘(C) An investment-grade rating on the direct loan 
or loan guarantee, as applicable, except that if the total 
amount of the direct loan or loan guarantee is greater 
than $75,000,000, the applicant shall have an investment- 
grade rating from at least 2 rating agencies on the direct 
loan or loan guarantee.’’; and 
(6) in paragraph (4), as redesignated, by striking ‘‘amounts’’ 
and inserting ‘‘amounts (and in the case of a modification, 
before the modification is executed), to the extent appropria-
tions are not available to the Secretary to meet the costs 
of direct loans and loan guarantees, including costs of modifica-
tions thereof’’. 
(b) SAVINGS CLAUSE.—All provisions under sections 502 through 
504 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 801 et seq.) as they existed on the day before 
enactment of this Act shall apply to direct loans provided by the 
Secretary prior to the date of enactment of this Act, and nothing 
in this title may be construed to limit the payback of a credit 
risk premium, with interest accrued thereon, if a direct loan pro-
vided by the Secretary under such sections has been paid back 
in full, prior to the date of enactment of this Act. 
SEC. 11608. MASTER CREDIT AGREEMENTS. 
Section 502 (45 U.S.C. 822) is further amended by adding 
at the end the following: 
‘‘(m) MASTER CREDIT AGREEMENTS.— 
‘‘(1) IN GENERAL.—Subject to subsection (d) and paragraph 
(2) of this subsection, the Secretary may enter into a master 
credit agreement that is contingent on all of the conditions 
for the provision of a direct loan or loan guarantee, as 
applicable, under this title and other applicable requirements 
being satisfied prior to the issuance of the direct loan or loan 
guarantee. 
‘‘(2) CONDITIONS.—Each master credit agreement shall— 
‘‘(A) establish the maximum amount and general terms 
and conditions of each applicable direct loan or loan guar-
antee; 
‘‘(B) identify 1 or more dedicated non-Federal revenue 
sources that will secure the repayment of each applicable 
direct loan or loan guarantee; 
‘‘(C) provide for the obligation of funds for the direct 
loans or loan guarantees contingent on and after all 
requirements have been met for the projects subject to 
the master credit agreement; and 
‘‘(D) provide 1 or more dates, as determined by the 
Secretary, before which the master credit agreement results 
45 USC 821 note. 
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129 STAT. 1700 
PUBLIC LAW 114–94—DEC. 4, 2015 
in each of the direct loans or loan guarantees or in the 
release of the master credit agreement.’’. 
SEC. 11609. PRIORITIES AND CONDITIONS. 
(a) PRIORITY PROJECTS.—Section 502(c) (45 U.S.C. 822(c)) is 
amended— 
(1) in paragraph (1), by inserting ‘‘, including projects for 
the installation of a positive train control system (as defined 
in section 20157(i) of title 49, United States Code)’’ after ‘‘public 
safety’’; 
(2) by moving paragraph (3) to appear before paragraph 
(2), and redesignating those paragraphs accordingly; 
(3) in paragraph (5), by inserting ‘‘or chapter 227 of title 
49’’ after ‘‘section 135 of title 23’’; 
(4) by redesignating paragraphs (6) through (8) as para-
graphs (7) through (9), respectively; and 
(5) by inserting after paragraph (5) the following: 
‘‘(6) improve railroad stations and passenger facilities and 
increase transit-oriented development;’’. 
(b) CONDITIONS OF ASSISTANCE.—Section 502(h)(2) (45 U.S.C. 
822(h)(2)) is amended by inserting ‘‘, if applicable’’ after ‘‘project’’. 
SEC. 11610. SAVINGS PROVISIONS. 
(a) IN GENERAL.—Except as provided in subsection (b) and 
section 11607(b), this subtitle, and the amendments made by this 
subtitle, shall not affect any direct loan (or direct loan obligation) 
or an outstanding loan guarantee (or loan guarantee commitment) 
that was in effect prior to the date of enactment of this Act. 
Any such transaction entered into before the date of enactment 
of this Act shall be administered until completion under its terms 
as if this Act were not enacted. 
(b) MODIFICATION COSTS.—At the discretion of the Secretary, 
the authority to accept modification costs on behalf of an applicant 
under section 502(f) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822(f)), as amended by section 
11607 of this Act, may apply with respect to any direct loan (or 
direct loan obligation) or an outstanding loan guarantee (or loan 
guarantee commitment) that was in effect prior to the date of 
enactment of this Act. 
SEC. 11611. REPORT ON LEVERAGING RRIF. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall transmit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report that 
analyzes how the Railroad Rehabilitation and Improvement 
Financing Program can be used to improve passenger rail infra-
structure. 
(b) REPORT CONTENTS.—The report required under subsection 
(a) shall include— 
(1) illustrative examples of projects that could be financed 
under such Program; 
(2) potential repayment sources for such projects, including 
tax-increment financing, user fees, tolls, and other dedicated 
revenue sources; and 
(3) estimated costs and benefits of using the Program rel-
ative to other options, including a comparison of the length 
45 USC 821 note. 
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129 STAT. 1701 
PUBLIC LAW 114–94—DEC. 4, 2015 
of time such projects would likely be completed without Federal 
credit assistance. 
DIVISION B—COMPREHENSIVE TRANS-
PORTATION AND CONSUMER PROTEC-
TION ACT OF 2015 
TITLE XXIV—MOTOR VEHICLE SAFETY 
Subtitle A—Vehicle Safety 
SEC. 24101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subject to subsection (b), there is authorized 
to be appropriated to the Secretary to carry out chapter 301 of 
title 49, and part C of subtitle VI of title 49, United States Code, 
amounts as follows: 
(1) $132,730,000 for fiscal year 2016. 
(2) $135,517,330 for fiscal year 2017. 
(3) $138,363,194 for fiscal year 2018. 
(4) $141,268,821 for fiscal year 2019. 
(5) $144,235,466 for fiscal year 2020. 
(b) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS IF A CER-
TIFICATION IS MADE.— 
(1) IN GENERAL.—In addition to the amounts authorized 
to be appropriated under subsection (a) to carry out chapter 
301 of title 49, and part C of subtitle VI of title 49, United 
States Code, if the certification described in paragraph (2) 
is made during a fiscal year there is authorized to be appro-
priated to the Secretary for that purpose for that fiscal year 
and subsequent fiscal years an additional amount as follows: 
(A) $46,270,000 for fiscal year 2016. 
(B) $51,537,670 for fiscal year 2017. 
(C) $57,296,336 for fiscal year 2018. 
(D) $62,999,728 for fiscal year 2019. 
(E) $69,837,974 for fiscal year 2020. 
(2) CERTIFICATION DESCRIBED.—The certification described 
in this paragraph is a certification made by the Secretary 
and submitted to Congress that the National Highway Traffic 
Safety Administration has implemented all of the recommenda-
tions in the Office of Inspector General Audit Report issued 
June 18, 2015 (ST–2015–063). As part of the certification, the 
Secretary shall review the actions the National Highway Traffic 
Safety Administration has taken to implement the rec-
ommendations and issue a report to Congress detailing how 
the recommendations were implemented. The Secretary shall 
not delegate or assign the responsibility under this paragraph. 
SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, and periodically thereafter until the comple-
tion date, the Department of Transportation Inspector General shall 
report to the appropriate committees of Congress on whether and 
what progress has been made to implement the recommendations 
in the Office of Inspector General Audit Report issued June 18, 
2015 (ST–2015–063). 
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129 STAT. 1702 
PUBLIC LAW 114–94—DEC. 4, 2015 
(b) IMPLEMENTATION PROGRESS.—The Administrator of the 
National Highway Traffic Safety Administration shall— 
(1) not later than 90 days after the date of enactment 
of this Act, and periodically thereafter until the completion 
date, provide a briefing to the appropriate committees of Con-
gress on the actions the Administrator has taken to implement 
the recommendations in the audit report described in subsection 
(a), including a plan for implementing any remaining rec-
ommendations; and 
(2) not later than 1 year after the date of enactment of 
this Act, issue a final report to the appropriate committees 
of Congress on the implementation of all of the recommenda-
tions in the audit report described in subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House of Rep-
resentatives. 
(2) COMPLETION DATE.—The term ‘‘completion date’’ means 
the date that the National Highway Traffic Safety Administra-
tion has implemented all of the recommendations in the Office 
of Inspector General Audit Report issued June 18, 2015 (ST– 
2015–063). 
SEC. 24103. IMPROVEMENTS IN AVAILABILITY OF RECALL INFORMA-
TION. 
(a) VEHICLE RECALL INFORMATION.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall imple-
ment current information technology, web design trends, and best 
practices that will help ensure that motor vehicle safety recall 
information available to the public on the Federal website is readily 
accessible and easy to use, including— 
(1) by improving the organization, availability, readability, 
and functionality of the website; 
(2) by accommodating high-traffic volume; and 
(3) by establishing best practices for scheduling routine 
website maintenance. 
(b) GOVERNMENT ACCOUNTABILITY OFFICE PUBLIC AWARENESS 
REPORT.— 
(1) IN GENERAL.—The Comptroller General shall study the 
current use by consumers, dealers, and manufacturers of the 
safety recall information made available to the public, including 
the usability and content of the Federal and manufacturers’ 
websites and the National Highway Traffic Safety Administra-
tion’s efforts to publicize and educate consumers about safety 
recall information. 
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Comptroller General shall issue a report 
with the findings of the study under paragraph (1), including 
recommending any actions the Secretary can take to improve 
public awareness and use of the websites for safety recall 
information. 
(c) PROMOTION
OF PUBLIC AWARENESS.—Section 31301(c) of 
the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 
30166 note) is amended to read as follows: 
49 USC 30119 
note. 
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129 STAT. 1703 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The Secretary shall 
improve public awareness of safety recall information made publicly 
available by periodically updating the method of conveying that 
information to consumers, dealers, and manufacturers, such as 
through public service announcements.’’. 
(d) CONSUMER GUIDANCE.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall make available 
to the public on the Internet detailed guidance for consumers 
submitting safety complaints, including— 
(1) a detailed explanation of what information a consumer 
should include in a complaint; and 
(2) a detailed explanation of the possible actions the 
National Highway Traffic Safety Administration can take to 
address a complaint and respond to the consumer, including 
information on— 
(A) the consumer records, such as photographs and 
police reports, that could assist with an investigation; and 
(B) the length of time a consumer should retain the 
records described in subparagraph (A). 
(e) VIN SEARCH.— 
(1) IN
GENERAL.—The Secretary, in coordination with 
industry, including manufacturers and dealers, shall study— 
(A) the feasibility of searching multiple vehicle identi-
fication numbers at a time to retrieve motor vehicle safety 
recall information; and 
(B) the feasibility of making the search mechanism 
described under subparagraph (A) publicly available. 
(2) CONSIDERATIONS.—In conducting the study under para-
graph (1), the Secretary shall consider the potential costs, and 
potential risks to privacy and security in implementing such 
a search mechanism. 
SEC. 24104. RECALL PROCESS. 
(a) NOTIFICATION IMPROVEMENT.— 
(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of this Act, the Secretary shall prescribe a final 
rule revising the regulations under section 577.7 of title 49, 
Code of Federal Regulations, to include notification by electronic 
means in addition to notification by first class mail. 
(2) DEFINITION OF ELECTRONIC MEANS.—In this subsection, 
the term ‘‘electronic means’’ includes electronic mail and may 
include such other means of electronic notification, such as 
social media or targeted online campaigns, as determined by 
the Secretary. 
(b) NOTIFICATION BY MANUFACTURER.—Section 30118(c) of title 
49, United States Code, is amended by inserting ‘‘or electronic 
mail’’ after ‘‘certified mail’’. 
(c) RECALL COMPLETION RATES REPORT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, and biennially thereafter for 4 years, 
the Secretary shall— 
(A) conduct an analysis of vehicle safety recall comple-
tion rates to assess potential actions by the National High-
way Traffic Safety Administration to improve vehicle safety 
recall completion rates; and 
(B) submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
49 USC 30119 
note. 
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129 STAT. 1704 
PUBLIC LAW 114–94—DEC. 4, 2015 
Energy and Commerce of the House of Representatives 
a report on the results of the analysis. 
(2) CONTENTS.—Each report shall include— 
(A) the annual recall completion rate by manufacturer, 
model year, component (such as brakes, fuel systems, and 
air bags), and vehicle type (passenger car, sport utility 
vehicle, passenger van, and pick-up truck) for each of the 
5 years before the year the report is submitted; 
(B) the methods by which the Secretary has conducted 
analyses of these recall completion rates to determine 
trends and identify risk factors associated with lower recall 
rates; and 
(C) the actions the Secretary has planned to improve 
recall completion rates based on the results of this data 
analysis. 
(d) INSPECTOR GENERAL AUDIT OF VEHICLE RECALLS.— 
(1) IN
GENERAL.—The Department of Transportation 
Inspector General shall conduct an audit of the National High-
way Traffic Safety Administration’s management of vehicle 
safety recalls. 
(2) CONTENTS.—The audit shall include a determination 
of whether the National Highway Traffic Safety Administra-
tion— 
(A) appropriately monitors recalls to ensure the appro-
priateness of scope and adequacy of recall completion rates 
and remedies; 
(B) ensures manufacturers provide safe remedies, at 
no cost to consumers; 
(C) is capable of coordinating recall remedies and proc-
esses; and 
(D) can improve its policy on consumer notice to combat 
effects of recall fatigue. 
SEC. 24105. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO 
CONSUMERS OF MOTOR VEHICLE RECALL STATUS. 
(a) IN GENERAL.—Not later than October 1, 2016, the Secretary 
shall implement a 2-year pilot program to evaluate the feasibility 
and effectiveness of a State process for informing consumers of 
open motor vehicle recalls at the time of motor vehicle registration 
in the State. 
(b) GRANTS.—To carry out this program, the Secretary may 
make a grant to each eligible State, but not more than 6 eligible 
States in total, that agrees to comply with the requirements under 
subsection (c). Funds made available to a State under this section 
shall be used by the State for the pilot program described in 
subsection (a). 
(c) ELIGIBILITY.—To be eligible for a grant, a State shall— 
(1) submit an application in such form and manner as 
the Secretary prescribes; 
(2) agree to notify, at the time of registration, each owner 
or lessee of a motor vehicle presented for registration in the 
State of any open recall on that vehicle; 
(3) provide the open motor vehicle recall information at 
no cost to each owner or lessee of a motor vehicle presented 
for registration in the State; and 
(4) provide such other information as the Secretary may 
require. 
49 USC 30119 
note. 
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129 STAT. 1705 
PUBLIC LAW 114–94—DEC. 4, 2015 
(d) AWARDS.—In selecting an applicant for an award under 
this section, the Secretary shall consider the State’s methodology 
for determining open recalls on a motor vehicle, for informing 
consumers of the open recalls, and for determining performance. 
(e) PERFORMANCE PERIOD.—Each grant awarded under this 
section shall require a 2-year performance period. 
(f) REPORT.—Not later than 90 days after the completion of 
the performance period under subsection (e), a grantee shall provide 
to the Secretary a report of performance containing such informa-
tion as the Secretary considers necessary to evaluate the extent 
to which open recalls have been remedied. 
(g) EVALUATION.—Not later than 180 days after the completion 
of the pilot program, the Secretary shall evaluate the extent to 
which open recalls identified have been remedied. 
(h) DEFINITIONS.—In this section: 
(1) CONSUMER.—The term ‘‘consumer’’ includes owner and 
lessee. 
(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ has the 
meaning given the term under section 30102(a) of title 49, 
United States Code. 
(3) OPEN RECALL.—The term ‘‘open recall’’ means a recall 
for which a notification by a manufacturer has been provided 
under section 30119 of title 49, United States Code, and that 
has not been remedied under section 30120 of that title. 
(4) REGISTRATION.—The term ‘‘registration’’ means the 
process for registering motor vehicles in the State. 
(5) STATE.—The term ‘‘State’’ has the meaning given the 
term under section 101(a) of title 23, United States Code. 
SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY. 
Section 30120A of title 49, United States Code, is amended 
by striking ‘‘chapter 11 of title 11,’’ and inserting ‘‘chapter 7 or 
chapter 11 of title 11’’. 
SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL. 
Section 30120(f) of title 49, United States Code, is amended— 
(1) by inserting ‘‘(1)
IN
GENERAL. A manufacturer’’ and 
indenting appropriately; 
(2) in paragraph (1), as redesignated, by striking the period 
at the end and inserting the following: ‘‘if— 
‘‘(A) at the time of providing service for each of the 
manufacturer’s motor vehicles it services, the dealer noti-
fies the owner or the individual requesting the service 
of any open recall; and 
‘‘(B) the notification requirement under subparagraph 
(A) is specified in a franchise, operating, or other agreement 
between the dealer and the manufacturer.’’; and 
(3) by adding at the end the following: 
‘‘(2) DEFINITION OF OPEN RECALL.—In this subsection, the 
term ‘open recall’ means a recall for which a notification by 
a manufacturer has been provided under section 30119 and 
that has not been remedied under this section.’’. 
SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE 
DEFECTS. 
Section 30120(b) of title 49, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘60 days’’ and inserting 
‘‘180 days’’; and 
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129 STAT. 1706 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) in paragraph (2), by striking ‘‘60-day’’ each place it 
appears and inserting ‘‘180-day’’. 
SEC. 24109. RENTAL CAR SAFETY. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Raechel 
and Jacqueline Houck Safe Rental Car Act of 2015’’. 
(b) DEFINITIONS.—Section 30102(a) of title 49, United States 
Code, is amended— 
(1) by redesignating paragraphs (10) and (11) as paragraphs 
(12) and (13), respectively; 
(2) by redesignating paragraphs (1) through (9) as para-
graphs (2) through (10), respectively; 
(3) by inserting before paragraph (2), as redesignated, the 
following: 
‘‘(1) ‘covered rental vehicle’ means a motor vehicle that— 
‘‘(A) has a gross vehicle weight rating of 10,000 pounds 
or less; 
‘‘(B) is rented without a driver for an initial term 
of less than 4 months; and 
‘‘(C) is part of a motor vehicle fleet of 35 or more 
motor vehicles that are used for rental purposes by a 
rental company.’’; and 
(4) by inserting after paragraph (10), as redesignated, the 
following: 
‘‘(11) ‘rental company’ means a person who— 
‘‘(A) is engaged in the business of renting covered 
rental vehicles; and 
‘‘(B) uses for rental purposes a motor vehicle fleet 
of 35 or more covered rental vehicles, on average, during 
the calendar year.’’. 
(c) REMEDIES
FOR DEFECTS
AND NONCOMPLIANCE.—Section 
30120(i) of title 49, United States Code, is amended— 
(1) in the subsection heading, by adding ‘‘, OR RENTAL’’ 
at the end; 
(2) in paragraph (1)— 
(A) by striking ‘‘(1) If notification’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—If notification’’; 
(B) by indenting subparagraphs (A) and (B) four ems 
from the left margin; 
(C) by inserting ‘‘or the manufacturer has provided 
to a rental company notification about a covered rental 
vehicle in the company’s possession at the time of notifica-
tion’’ after ‘‘time of notification’’; 
(D) by striking ‘‘the dealer may sell or lease,’’ and 
inserting ‘‘the dealer or rental company may sell, lease, 
or rent’’; and 
(E) in subparagraph (A), by striking ‘‘sale or lease’’ 
and inserting ‘‘sale, lease, or rental agreement’’; 
(3) by amending paragraph (2) to read as follows: 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
may be construed to prohibit a dealer or rental company from 
offering the vehicle or equipment for sale, lease, or rent.’’; 
and 
(4) by adding at the end the following: 
‘‘(3) SPECIFIC RULES FOR RENTAL COMPANIES.— 
49 USC 30101 
note. 
Raechel and 
Jacqueline Houck 
Safe Rental Car 
Act of 2015. 
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129 STAT. 1707 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(A) IN GENERAL.—Except as otherwise provided under 
this paragraph, a rental company shall comply with the 
limitations on sale, lease, or rental set forth in subpara-
graph (C) and paragraph (1) as soon as practicable, but 
not later than 24 hours after the earliest receipt of the 
notice to owner under subsection (b) or (c) of section 30118 
(including the vehicle identification number for the covered 
vehicle) by the rental company, whether by electronic 
means or first class mail. 
‘‘(B) SPECIAL RULE FOR LARGE VEHICLE FLEETS.—Not-
withstanding subparagraph (A), if a rental company 
receives a notice to owner covering more than 5,000 motor 
vehicles in its fleet, the rental company shall comply with 
the limitations on sale, lease, or rental set forth in subpara-
graph (C) and paragraph (1) as soon as practicable, but 
not later than 48 hours after the earliest receipt of the 
notice to owner under subsection (b) or (c) of section 30118 
(including the vehicle identification number for the covered 
vehicle) by the rental company, whether by electronic 
means or first class mail. 
‘‘(C) SPECIAL
RULE
FOR
WHEN
REMEDIES
NOT
IMME-
DIATELY AVAILABLE.—If a notification required under sub-
section (b) or (c) of section 30118 indicates that the remedy 
for the defect or noncompliance is not immediately available 
and specifies actions to temporarily alter the vehicle that 
eliminate the safety risk posed by the defect or noncompli-
ance, the rental company, after causing the specified 
actions to be performed, may rent (but may not sell or 
lease) the motor vehicle. Once the remedy for the rental 
vehicle becomes available to the rental company, the rental 
company may not rent the vehicle until the vehicle has 
been remedied, as provided in subsection (a). 
‘‘(D) INAPPLICABILITY TO JUNK AUTOMOBILES.—Notwith-
standing paragraph (1), this subsection does not prohibit 
a rental company from selling a covered rental vehicle 
if such vehicle— 
‘‘(i) meets the definition of a junk automobile under 
section 201 of the Anti-Car Theft Act of 1992 (49 
U.S.C. 30501); 
‘‘(ii) is retitled as a junk automobile pursuant to 
applicable State law; and 
‘‘(iii) is reported to the National Motor Vehicle 
Information System, if required under section 204 of 
such Act (49 U.S.C. 30504).’’. 
(d) MAKING SAFETY DEVICES AND ELEMENTS INOPERATIVE.— 
Section 30122(b) of title 49, United States Code, is amended by 
inserting ‘‘rental company,’’ after ‘‘dealer,’’ each place such term 
appears. 
(e) INSPECTIONS, INVESTIGATIONS, 
AND
RECORDS.—Section 
30166 of title 49, United States Code, is amended— 
(1) in subsection (c)(2), by striking ‘‘or dealer’’ each place 
such term appears and inserting ‘‘dealer, or rental company’’; 
(2) in subsection (e), by striking ‘‘or dealer’’ each place 
such term appears and inserting ‘‘dealer, or rental company’’; 
and 
(3) in subsection (f), by striking ‘‘or to owners’’ and inserting 
‘‘, rental companies, or other owners’’. 
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129 STAT. 1708 
PUBLIC LAW 114–94—DEC. 4, 2015 
(f) RESEARCH AUTHORITY.—The Secretary of Transportation 
may conduct a study of— 
(1) the effectiveness of the amendments made by this sec-
tion; and 
(2) other activities of rental companies (as defined in section 
30102(a)(11) of title 49, United States Code) related to their 
use and disposition of motor vehicles that are the subject of 
a notification required under section 30118 of title 49, United 
States Code. 
(g) STUDY.— 
(1) ADDITIONAL REQUIREMENT.—Section 32206(b)(2) of the 
Moving Ahead for Progress in the 21st Century Act (Public 
Law 112–141; 126 Stat. 785) is amended— 
(A) in subparagraph (E), by striking ‘‘and’’ at the end; 
(B) by redesignating subparagraph (F) as subparagraph 
(G); and 
(C) by inserting after subparagraph (E) the following: 
‘‘(F) evaluate the completion of safety recall remedies 
on rental trucks; and’’. 
(2) REPORT.—Section 32206(c) of such Act is amended— 
(A) in paragraph (1), by striking ‘‘subsection (b)’’ and 
inserting ‘‘subparagraphs (A) through (E) and (G) of sub-
section (b)(2)’’; 
(B) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(C) by striking ‘‘REPORT. Not later’’ and inserting the 
following: 
‘‘(c) REPORTS.— 
‘‘(1) INITIAL REPORT.—Not later’’; and 
(D) by adding at the end the following: 
‘‘(2) SAFETY RECALL REMEDY REPORT.—Not later than 1 
year after the date of the enactment of the ‘Raechel and Jac-
queline Houck Safe Rental Car Act of 2015’, the Secretary 
shall submit a report to the congressional committees set forth 
in paragraph (1) that contains— 
‘‘(A) the findings of the study conducted pursuant to 
subsection (b)(2)(F); and 
‘‘(B) any recommendations for legislation that the Sec-
retary determines to be appropriate.’’. 
(h) PUBLIC COMMENTS.—The Secretary shall solicit comments 
regarding the implementation of this section from members of the 
public, including rental companies, consumer organizations, auto-
mobile manufacturers, and automobile dealers. 
(i) RULE OF CONSTRUCTION.—Nothing in this section or the 
amendments made by this section— 
(1) may be construed to create or increase any liability, 
including for loss of use, for a manufacturer as a result of 
having manufactured or imported a motor vehicle subject to 
a notification of defect or noncompliance under subsection (b) 
or (c) of section 30118 of title 49, United States Code; or 
(2) shall supersede or otherwise affect the contractual 
obligations, if any, between such a manufacturer and a rental 
company (as defined in section 30102(a) of title 49, United 
States Code). 
(j) RULEMAKING.—The Secretary may promulgate rules, as 
appropriate, to implement this section and the amendments made 
by this section. 
49 USC 30102 
note. 
49 USC 30102 
note. 
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129 STAT. 1709 
PUBLIC LAW 114–94—DEC. 4, 2015 
(k) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date that is 180 days after the date of 
enactment of this Act. 
SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF 
MOTOR VEHICLE SAFETY. 
(a) INCREASE IN CIVIL PENALTIES.—Section 30165(a) of title 
49, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘$5,000’’ and inserting ‘‘$21,000’’; and 
(B) 
by 
striking 
‘‘$35,000,000’’ 
and 
inserting 
‘‘$105,000,000’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘$5,000’’ and inserting ‘‘$21,000’’; and 
(B) 
by 
striking 
‘‘$35,000,000’’ 
and 
inserting 
‘‘$105,000,000’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) of this section take effect on the date that the Secretary certifies 
to Congress that the National Highway Traffic Safety Administra-
tion has issued the final rule required by section 31203(b) of the 
Moving Ahead for Progress In the 21st Century Act (Public Law 
112–141; 126 Stat. 758; 49 U.S.C. 30165 note). 
(c) PUBLICATION OF EFFECTIVE DATE.—The Secretary shall pub-
lish notice of the effective date under subsection (b) of this section 
in the Federal Register. 
SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES. 
Section 32705(g) of title 49, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Not later than’’ and indenting 
appropriately; and 
(2) by adding at the end the following: 
‘‘(2) Notwithstanding paragraph (1) and subject to para-
graph (3), a State, without approval from the Secretary under 
subsection (d), may allow for written disclosures or notices 
and related matters to be provided electronically if— 
‘‘(A) in compliance with— 
‘‘(i) the requirements of subchapter 1 of chapter 
96 of title 15; or 
‘‘(ii) the requirements of a State law under section 
7002(a) of title 15; and 
‘‘(B) the disclosures or notices otherwise meet the 
requirements under this section, including appropriate 
authentication and security measures. 
‘‘(3) Paragraph (2) ceases to be effective on the date the 
regulations under paragraph (1) become effective.’’. 
SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS. 
Section 30166(o) of title 49, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘may’’ and inserting ‘‘shall’’; 
and 
(2) by adding at the end the following: 
‘‘(3) DEADLINE.—Not later than 1 year after the date of 
enactment of the Comprehensive Transportation and Consumer 
Protection Act of 2015, the Secretary shall issue a final rule 
under paragraph (1).’’. 
49 USC 30165 
note. 
49 USC 30102 
note. 
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129 STAT. 1710 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS. 
(a) RECALL NOTIFICATION REPORT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall issue a 
report on the feasibility of a technical system that would operate 
in each new motor vehicle to indicate when the vehicle is subject 
to an open recall. 
(b) DEFINITION
OF OPEN RECALL.—In this section the term 
‘‘open recall’’ means a recall for which a notification by a manufac-
turer has been provided under section 30119 of title 49, United 
States Code, and that has not been remedied under section 30120 
of that title. 
SEC. 24114. UNATTENDED CHILDREN WARNING. 
Section 31504(a) of the Moving Ahead for Progress in the 21st 
Century Act (49 U.S.C. 30111 note) is amended by striking ‘‘may’’ 
and inserting ‘‘shall’’. 
SEC. 24115. TIRE PRESSURE MONITORING SYSTEM. 
(a) PROPOSED RULE.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall publish a proposed 
rule that— 
(1) updates the standards pertaining to tire pressure moni-
toring systems to ensure that a tire pressure monitoring system 
that is installed in a new motor vehicle after the effective 
date of such updated standards cannot be overridden, reset, 
or recalibrated in such a way that the system will no longer 
detect when the inflation pressure in one or more of the vehicle’s 
tires has fallen to or below a significantly underinflated pres-
sure level; and 
(2) does not contain any provision that has the effect of 
prohibiting the availability of direct or indirect tire pressure 
monitoring systems that meet the requirements of the stand-
ards updated pursuant to paragraph (1). 
(b) FINAL RULE.—Not later than 2 years after the date of 
enactment of this Act, after providing the public with sufficient 
opportunity for notice and comment on the proposed rule published 
pursuant to subsection (a), the Secretary shall issue a final rule 
based on the proposed rule described in subsection (a) that— 
(1) allows a manufacturer to install a tire pressure moni-
toring system that can be reset or recalibrated to accommo-
date— 
(A) the repositioning of tire sensor locations on vehicles 
with split inflation pressure recommendations; 
(B) tire rotation; or 
(C) replacement tires or wheels of a different size than 
the original equipment tires or wheels; and 
(2) to address the accommodations described in subpara-
graphs (A), (B), and (C) of paragraph (1), ensures that a tire 
pressure monitoring system that is reset or recalibrated 
according to the manufacturer’s instructions would illuminate 
the low tire pressure warning telltale when a tire is signifi-
cantly underinflated until the tire is no longer significantly 
underinflated. 
(c) 
SIGNIFICANTLY
UNDERINFLATED
PRESSURE
LEVEL 
DEFINED.—In this section, the term ‘‘significantly underinflated 
pressure level’’ means a pressure level that is— 
49 USC 30123 
note. 
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129 STAT. 1711 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) below the level at which the low tire pressure warning 
telltale must illuminate, consistent with the TPMS detection 
requirements contained in S4.2(a) of section 571.138 of title 
49, Code of Federal Regulations, or any corresponding similar 
or successor regulation or ruling (as determined by the Sec-
retary); and 
(2) in the case of a replacement wheel or tire, below the 
recommended cold inflation pressure of the wheel or tire manu-
facturer. 
SEC. 24116. INFORMATION REGARDING COMPONENTS INVOLVED IN 
RECALL. 
Section 30119 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(g) INFORMATION
REGARDING
COMPONENTS
INVOLVED
IN 
RECALL.—A manufacturer that is required to furnish a report under 
section 573.6 of title 49, Code of Federal Regulations (or any suc-
cessor regulation) for a defect or noncompliance in a motor vehicle 
or in an item of original or replacement equipment shall, if such 
defect or noncompliance involves a specific component or compo-
nents, include in such report, with respect to such component or 
components, the following information: 
‘‘(1) The name of the component or components. 
‘‘(2) A description of the component or components. 
‘‘(3) The part number of the component or components, 
if any.’’. 
Subtitle B—Research And Development 
And Vehicle Electronics 
SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE 
ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING 
TECHNOLOGIES. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Energy and Commerce of the House of Representatives a report 
regarding the operations of the Council for Vehicle Electronics, 
Vehicle Software, and Emerging Technologies established under 
section 31401 of the Moving Ahead for Progress in the 21st Century 
Act (49 U.S.C. 105 note). The report shall include information 
about the accomplishments of the Council, the role of the Council 
in integrating and aggregating electronic and emerging technologies 
expertise across the National Highway Traffic Safety Administra-
tion, the role of the Council in coordinating with other Federal 
agencies, and the priorities of the Council over the next 5 years. 
SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS. 
(a) TITLE 49 AMENDMENT.—Section 30182(b) of title 49, United 
States Code, is amended— 
(1) in paragraph (4), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in paragraph (5), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (5) the following: 
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129 STAT. 1712 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(6) in coordination with Department of State, enter into 
cooperative agreements and collaborative research and develop-
ment agreements with foreign governments.’’. 
(b) TITLE 23 AMENDMENT.—Section 403 of title 23, United 
States Code, is amended— 
(1) in subsection (b)(2)(C), by inserting ‘‘foreign government 
(in coordination with the Department of State)’’ after ‘‘institu-
tion,’’; and 
(2) in subsection (c)(1)(A), by inserting ‘‘foreign govern-
ments,’’ after ‘‘local governments,’’. 
(c) AUDIT.—The Department of Transportation Inspector Gen-
eral shall conduct an audit of the Secretary of Transportation’s 
management and oversight of cooperative agreements and collabo-
rative research and development agreements, including any coopera-
tive agreements between the Secretary of Transportation and for-
eign governments under section 30182(b)(6) of title 49, United 
States Code, and subsections (b)(2)(C) and (c)(1)(A) of title 23, 
United States Code. 
Subtitle C—Miscellaneous Provisions 
PART I—DRIVER PRIVACY ACT OF 2015 
SEC. 24301. SHORT TITLE. 
This part may be cited as the ‘‘Driver Privacy Act of 2015’’. 
SEC. 24302. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT 
DATA RECORDERS. 
(a) OWNERSHIP OF DATA.—Any data retained by an event data 
recorder (as defined in section 563.5 of title 49, Code of Federal 
Regulations), regardless of when the motor vehicle in which it 
is installed was manufactured, is the property of the owner, or, 
in the case of a leased vehicle, the lessee of the motor vehicle 
in which the event data recorder is installed. 
(b) PRIVACY.—Data recorded or transmitted by an event data 
recorder described in subsection (a) may not be accessed by a 
person other than an owner or a lessee of the motor vehicle in 
which the event data recorder is installed unless— 
(1) a court or other judicial or administrative authority 
having jurisdiction— 
(A) authorizes the retrieval of the data; and 
(B) to the extent that there is retrieved data, the 
data is subject to the standards for admission into evidence 
required by that court or other administrative authority; 
(2) an owner or a lessee of the motor vehicle provides 
written, electronic, or recorded audio consent to the retrieval 
of the data for any purpose, including the purpose of diagnosing, 
servicing, or repairing the motor vehicle, or by agreeing to 
a subscription that describes how data will be retrieved and 
used; 
(3) the data is retrieved pursuant to an investigation or 
inspection authorized under section 1131(a) or 30166 of title 
49, United States Code, and the personally identifiable informa-
tion of an owner or a lessee of the vehicle and the vehicle 
identification number is not disclosed in connection with the 
retrieved data, except that the vehicle identification number 
may be disclosed to the certifying manufacturer; 
49 USC 30101 
note. 
49 USC 30101 
note. 
Driver Privacy 
Act of 2015. 
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129 STAT. 1713 
PUBLIC LAW 114–94—DEC. 4, 2015 
(4) the data is retrieved for the purpose of determining 
the need for, or facilitating, emergency medical response in 
response to a motor vehicle crash; or 
(5) the data is retrieved for traffic safety research, and 
the personally identifiable information of an owner or a lessee 
of the vehicle and the vehicle identification number is not 
disclosed in connection with the retrieved data. 
SEC. 24303. VEHICLE EVENT DATA RECORDER STUDY. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator of the National Highway Traffic 
Safety Administration shall submit to Congress a report that con-
tains the results of a study conducted by the Administrator to 
determine the amount of time event data recorders installed in 
passenger motor vehicles should capture and record for retrieval 
vehicle-related data in conjunction with an event in order to provide 
sufficient information to investigate the cause of motor vehicle 
crashes. 
(b) RULEMAKING.—Not later than 2 years after submitting the 
report required under subsection (a), the Administrator of the 
National Highway Traffic Safety Administration shall promulgate 
regulations to establish the appropriate period during which event 
data recorders installed in passenger motor vehicles may capture 
and record for retrieval vehicle-related data to the time necessary 
to provide accident investigators with vehicle-related information 
pertinent to crashes involving such motor vehicles. 
PART II—SAFETY THROUGH INFORMED 
CONSUMERS ACT OF 2015 
SEC. 24321. SHORT TITLE. 
This part may be cited as the ‘‘Safety Through Informed Con-
sumers Act of 2015’’. 
SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION. 
Section 32302 of title 49, United States Code, is amended 
by inserting after subsection (b) the following: 
‘‘(c) CRASH AVOIDANCE.—Not later than 1 year after the date 
of enactment of the Safety Through Informed Consumers Act of 
2015, the Secretary shall promulgate a rule to ensure that crash 
avoidance information is indicated next to crashworthiness informa-
tion on stickers placed on motor vehicles by their manufacturers.’’. 
PART III—TIRE EFFICIENCY, SAFETY, AND 
REGISTRATION ACT OF 2015 
SEC. 24331. SHORT TITLE. 
This part may be cited as the ‘‘Tire Efficiency, Safety, and 
Registration Act of 2015’’ or the ‘‘TESR Act’’. 
SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STAND-
ARDS. 
Section 32304A of title 49, United States Code, is amended— 
(1) in the section heading, by inserting ‘‘AND STAND-
ARDS’’ after ‘‘CONSUMER TIRE INFORMATION’’; 
(2) in subsection (a)— 
49 USC 30101 
note. 
Tire Efficiency, 
Safety, and 
Registration Act 
of 2015. 
49 USC 30101 
note. 
Safety Through 
Informed 
Consumers Act of 
2015. 
49 USC 30101 
note. 
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129 STAT. 1714 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) in the heading, by striking ‘‘Rulemaking’’ and 
inserting ‘‘Consumer Tire Information’’; and 
(B) in paragraph (1), by inserting ‘‘(referred to in this 
section as the ‘Secretary’)’’ after ‘‘Secretary of Transpor-
tation’’; 
(3) by redesignating subsections (b) through (e) as sub-
sections (e) though (h), respectively; and 
(4) by inserting after subsection (a) the following: 
‘‘(b) PROMULGATION
OF REGULATIONS
FOR TIRE FUEL EFFI-
CIENCY MINIMUM PERFORMANCE STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary, after consultation with 
the Secretary of Energy and the Administrator of the Environ-
mental Protection Agency, shall promulgate regulations for tire 
fuel efficiency minimum performance standards for— 
‘‘(A) passenger car tires with a maximum speed capa-
bility equal to or less than 149 miles per hour or 240 
kilometers per hour; and 
‘‘(B) passenger car tires with a maximum speed capa-
bility greater than 149 miles per hour or 240 kilometers 
per hour. 
‘‘(2) TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STAND-
ARDS.— 
‘‘(A) STANDARD BASIS AND TEST PROCEDURES.—The min-
imum performance standards promulgated under para-
graph (1) shall be expressed in terms of the rolling resist-
ance coefficient measured using the test procedure specified 
in section 575.106 of title 49, Code of Federal Regulations 
(as in effect on the date of enactment of this Act). 
‘‘(B) NO
DISPARATE
EFFECT
ON
HIGH
PERFORMANCE 
TIRES.—The Secretary shall ensure that the minimum 
performance standards promulgated under paragraph (1) 
will not have a disproportionate effect on passenger car 
high performance tires with a maximum speed capability 
greater than 149 miles per hour or 240 kilometers per 
hour. 
‘‘(C) APPLICABILITY.— 
‘‘(i) IN GENERAL.—This subsection applies to new 
pneumatic tires for use on passenger cars. 
‘‘(ii) EXCEPTIONS.—This subsection does not apply 
to light truck tires, deep tread tires, winter-type snow 
tires, space-saver or temporary use spare tires, or tires 
with nominal rim diameters of 12 inches or less. 
‘‘(c) PROMULGATION OF REGULATIONS FOR TIRE WET TRACTION 
MINIMUM PERFORMANCE STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall promulgate regula-
tions for tire wet traction minimum performance standards 
to ensure that passenger tire wet traction capability is not 
reduced to achieve improved tire fuel efficiency. 
‘‘(2) TIRE WET TRACTION MINIMUM PERFORMANCE STAND-
ARDS.— 
‘‘(A) BASIS OF STANDARD.—The minimum performance 
standards promulgated under paragraph (1) shall be 
expressed in terms of peak coefficient of friction. 
‘‘(B) TEST PROCEDURES.—Any test procedure promul-
gated under this subsection shall be consistent with any 
test procedure promulgated under subsection (a). 
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129 STAT. 1715 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(C) BENCHMARKING.—The Secretary shall conduct 
testing to benchmark the wet traction performance of tire 
models available for sale in the United States as of the 
date of enactment of this Act to ensure that the minimum 
performance standards promulgated under paragraph (1) 
are tailored to— 
‘‘(i) tires sold in the United States; and 
‘‘(ii) the needs of consumers in the United States. 
‘‘(D) APPLICABILITY.— 
‘‘(i) IN GENERAL.—This subsection applies to new 
pneumatic tires for use on passenger cars. 
‘‘(ii) EXCEPTIONS.—This subsection does not apply 
to light truck tires, deep tread tires, winter-type snow 
tires, space-saver or temporary use spare tires, or tires 
with nominal rim diameters of 12 inches or less. 
‘‘(d) COORDINATION AMONG REGULATIONS.— 
‘‘(1) COMPATIBILITY.—The Secretary shall ensure that the 
test procedures and requirements promulgated under sub-
sections (a), (b), and (c) are compatible and consistent. 
‘‘(2) COMBINED
EFFECT
OF
RULES.—The Secretary shall 
evaluate the regulations promulgated under subsections (b) 
and (c) to ensure that compliance with the minimum perform-
ance standards promulgated under subsection (b) will not 
diminish wet traction performance of affected tires. 
‘‘(3) RULEMAKING DEADLINES.—The Secretary shall promul-
gate— 
‘‘(A) the regulations under subsections (b) and (c) not 
later than 24 months after the date of enactment of this 
Act; and 
‘‘(B) the regulations under subsection (c) not later than 
the date of promulgation of the regulations under sub-
section (b).’’. 
SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS. 
Paragraph (3) of section 30117(b) of title 49, United States 
Code, is amended to read as follows: 
‘‘(3) RULEMAKING.— 
‘‘(A) IN GENERAL.—The Secretary shall initiate a rule-
making to require a distributor or dealer of tires that 
is not owned or controlled by a manufacturer of tires to 
maintain records of— 
‘‘(i) the name and address of tire purchasers and 
lessors; 
‘‘(ii) information identifying the tire that was pur-
chased or leased; and 
‘‘(iii) any additional records the Secretary considers 
appropriate. 
‘‘(B) ELECTRONIC TRANSMISSION.—The rulemaking car-
ried out under subparagraph (A) shall require a distributor 
or dealer of tires that is not owned or controlled by a 
manufacturer of tires to electronically transmit the records 
described in clauses (i), (ii), and (iii) of subparagraph (A) 
to the manufacturer of the tires or the designee of the 
manufacturer by secure means at no cost to tire purchasers 
or lessors. 
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129 STAT. 1716 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(C) SATISFACTION
OF
REQUIREMENTS.—A regulation 
promulgated under subparagraph (A) may be considered 
to satisfy the requirements of paragraph (2)(B).’’. 
SEC. 24334. TIRE IDENTIFICATION STUDY AND REPORT. 
(a) STUDY.—The Secretary shall conduct a study to examine 
the feasibility of requiring all manufacturers of tires subject to 
section 30117(b) of title 49, United States Code, to— 
(1) include electronic identification on every tire that 
reflects all of the information currently required in the tire 
identification number; and 
(2) ensure that the same type and format of electronic 
information technology is used on all tires. 
(b) REPORT.—The Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of Representa-
tives a report on the results of the study required by paragraph 
(1). 
SEC. 24335. TIRE RECALL DATABASE. 
(a) IN GENERAL.—The Secretary shall establish a publicly avail-
able and searchable electronic database of tire recall information 
that is reported to the Administrator of the National Highway 
Traffic Safety Administration. 
(b) TIRE IDENTIFICATION NUMBER.—The database established 
under subsection (a) shall be searchable by Tire Identification 
Number (TIN) and any other criteria that assists consumers in 
determining whether a tire is subject to a recall. 
PART IV—ALTERNATIVE FUEL VEHICLES 
SEC. 24341. REGULATORY PARITY FOR NATURAL GAS VEHICLES. 
The Administrator of the Environmental Protection Agency 
shall revise the regulations issued in sections 600.510-12(c)(2)(vi) 
and 600.510-12(c)(2) (vii)(A) of title 40, Code of Federal Regulations, 
to replace references to the year ‘‘2019’’ with the year ‘‘2016’’. 
PART V—MOTOR VEHICLE SAFETY 
WHISTLEBLOWER ACT 
SEC. 24351. SHORT TITLE. 
This part may be cited as the ‘‘Motor Vehicle Safety Whistle-
blower Act’’. 
SEC. 24352. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES 
AND PROTECTIONS. 
(a) IN GENERAL.—Subchapter IV of chapter 301 of title 49, 
United States Code, is amended by adding at the end the following: 
‘‘§ 30172. Whistleblower incentives and protections 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED ACTION.—The term ‘covered action’ means 
any administrative or judicial action, including any related 
administrative or judicial action, brought by the Secretary or 
the Attorney General under this chapter that in the aggregate 
results in monetary sanctions exceeding $1,000,000. 
49 USC 30172 
note. 
49 USC 30101 
note. 
Motor Vehicle 
Safety 
Whistleblower 
Act. 
49 USC 30119 
note. 
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129 STAT. 1717 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(2) MONETARY SANCTIONS.—The term ‘monetary sanctions’ 
means monies, including penalties and interest, ordered or 
agreed to be paid. 
‘‘(3) ORIGINAL INFORMATION.—The term ‘original informa-
tion’ means information that— 
‘‘(A) is derived from the independent knowledge or 
analysis of an individual; 
‘‘(B) is not known to the Secretary from any other 
source, unless the individual is the original source of the 
information; and 
‘‘(C) is not exclusively derived from an allegation made 
in a judicial or an administrative action, in a governmental 
report, a hearing, an audit, or an investigation, or from 
the news media, unless the individual is a source of the 
information. 
‘‘(4) PART
SUPPLIER.—The term ‘part supplier’ means a 
manufacturer of motor vehicle equipment. 
‘‘(5) SUCCESSFUL RESOLUTION.—The term ‘successful resolu-
tion’, with respect to a covered action, includes any settlement 
or adjudication of the covered action. 
‘‘(6) WHISTLEBLOWER.—The term ‘whistleblower’ means any 
employee or contractor of a motor vehicle manufacturer, part 
supplier, or dealership who voluntarily provides to the Sec-
retary original information relating to any motor vehicle defect, 
noncompliance, or any violation or alleged violation of any 
notification or reporting requirement of this chapter, which 
is likely to cause unreasonable risk of death or serious physical 
injury. 
‘‘(b) AWARDS.— 
‘‘(1) IN GENERAL.—If the original information that a whistle-
blower provided to the Secretary leads to the successful resolu-
tion of a covered action, the Secretary, subject to subsection 
(c), may pay an award or awards to one or more whistleblowers 
in an aggregate amount of— 
‘‘(A) not less than 10 percent, in total, of collected 
monetary sanctions; and 
‘‘(B) not more than 30 percent, in total, of collected 
monetary sanctions. 
‘‘(2) PAYMENT
OF
AWARDS.—Any amount payable under 
paragraph (1) shall be paid from the monetary sanctions col-
lected, and any monetary sanctions so collected shall be avail-
able for such payment. 
‘‘(c) DETERMINATION OF AWARDS; DENIAL OF AWARDS.— 
‘‘(1) DETERMINATION OF AWARDS.— 
‘‘(A) DISCRETION.—The determination of whether, to 
whom, or in what amount to make an award shall be 
in the discretion of the Secretary subject to the provisions 
in subsection (b)(1). 
‘‘(B) CRITERIA.—In determining an award made under 
subsection (b), the Secretary shall take into consideration— 
‘‘(i) if appropriate, whether a whistleblower 
reported or attempted to report the information 
internally to an applicable motor vehicle manufacturer, 
part supplier, or dealership; 
‘‘(ii) the significance of the original information 
provided by the whistleblower to the successful resolu-
tion of the covered action; 
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129 STAT. 1718 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(iii) the degree of assistance provided by the 
whistleblower and any legal representative of the 
whistleblower in the covered action; and 
‘‘(iv) such additional factors as the Secretary con-
siders relevant. 
‘‘(2) DENIAL OF AWARDS.—No award under subsection (b) 
shall be made— 
‘‘(A) to any whistleblower who is convicted of a criminal 
violation related to the covered action for which the whistle-
blower otherwise could receive an award under this section; 
‘‘(B) to any whistleblower who, acting without direction 
from an applicable motor vehicle manufacturer, part sup-
plier, or dealership, or agent thereof, deliberately causes 
or substantially contributes to the alleged violation of a 
requirement of this chapter; 
‘‘(C) to any whistleblower who submits information 
to the Secretary that is based on the facts underlying 
the covered action submitted previously by another whistle-
blower; 
‘‘(D) to any whistleblower who fails to provide the 
original information to the Secretary in such form as the 
Secretary may require by regulation; or 
‘‘(E) if the applicable motor vehicle manufacturer, parts 
supplier, or dealership has an internal reporting mecha-
nism in place to protect employees from retaliation, to 
any whistleblower who fails to report or attempt to report 
the information internally through such mechanism, 
unless— 
‘‘(i) the whistleblower reasonably believed that 
such an internal report would have resulted in retalia-
tion, notwithstanding section 30171(a); 
‘‘(ii) the whistleblower reasonably believed that the 
information— 
‘‘(I) was already internally reported; 
‘‘(II) was already subject to or part of an 
internal inquiry or investigation; or 
‘‘(III) was otherwise already known to the 
motor vehicle manufacturer, part supplier, or 
dealership; or 
‘‘(iii) the Secretary has good cause to waive this 
requirement. 
‘‘(d) REPRESENTATION.—A whistleblower may be represented 
by counsel. 
‘‘(e) NO CONTRACT NECESSARY.—No contract with the Secretary 
is necessary for any whistleblower to receive an award under sub-
section (b). 
‘‘(f) PROTECTION OF WHISTLEBLOWERS; CONFIDENTIALITY.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 30167, and 
except as provided in paragraphs (4) and (5) of this subsection, 
the Secretary, and any officer or employee of the Department 
of Transportation, shall not disclose any information, including 
information provided by a whistleblower to the Secretary, which 
could reasonably be expected to reveal the identity of a whistle-
blower, except in accordance with the provisions of section 
552a of title 5, unless— 
‘‘(A) required to be disclosed to a defendant or 
respondent in connection with a public proceeding 
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129 STAT. 1719 
PUBLIC LAW 114–94—DEC. 4, 2015 
instituted by the Secretary or any entity described in para-
graph (5); 
‘‘(B) the whistleblower provides prior written consent 
for the information to be disclosed; or 
‘‘(C) the Secretary, or other officer or employee of the 
Department of Transportation, receives the information 
through another source, such as during an inspection or 
investigation under section 30166, and has authority under 
other law to release the information. 
‘‘(2) REDACTION.—The Secretary, and any officer or 
employee of the Department of Transportation, shall take 
reasonable measures to not reveal the identity of the whistle-
blower when disclosing any information under paragraph (1). 
‘‘(3) SECTION 552(B)(3)(B).—For purposes of section 552 of 
title 5, paragraph (1) of this subsection shall be considered 
a statute described in subsection (b)(3)(B) of that section. 
‘‘(4) EFFECT.—Nothing in this subsection is intended to 
limit the ability of the Attorney General to present such evi-
dence to a grand jury or to share such evidence with potential 
witnesses or defendants in the course of an ongoing criminal 
investigation. 
‘‘(5) AVAILABILITY TO GOVERNMENT AGENCIES.— 
‘‘(A) IN GENERAL.—Without the loss of its status as 
confidential in the hands of the Secretary, all information 
referred to in paragraph (1) may, in the discretion of the 
Secretary, when determined by the Secretary to be nec-
essary or appropriate to accomplish the purposes of this 
chapter and in accordance with subparagraph (B), be made 
available to the following: 
‘‘(i) The Department of Justice. 
‘‘(ii) An appropriate department or agency of the 
Federal Government, acting within the scope of its 
jurisdiction. 
‘‘(B) MAINTENANCE
OF
INFORMATION.—Each entity 
described in subparagraph (A) shall maintain information 
described in that subparagraph as confidential, in accord-
ance with the requirements in paragraph (1). 
‘‘(g) PROVISION OF FALSE INFORMATION.—A whistleblower who 
knowingly and intentionally makes any false, fictitious, or fraudu-
lent statement or representation, or who makes or uses any false 
writing or document knowing the same to contain any false, ficti-
tious, or fraudulent statement or entry, shall not be entitled to 
an award under this section and shall be subject to prosecution 
under section 1001 of title 18. 
‘‘(h) APPEALS.— 
‘‘(1) IN GENERAL.—Any determination made under this sec-
tion, including whether, to whom, or in what amount to make 
an award, shall be in the discretion of the Secretary. 
‘‘(2) APPEALS.—Any determination made by the Secretary 
under this section may be appealed by a whistleblower to 
the appropriate court of appeals of the United States not later 
than 30 days after the determination is issued by the Secretary. 
‘‘(3) REVIEW.—The court shall review the determination 
made by the Secretary in accordance with section 706 of title 
5. 
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129 STAT. 1720 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) REGULATION.—Not later than 18 months after the date 
of enactment of this section, the Secretary shall promulgate regula-
tions on the requirements of this section, consistent with this sec-
tion.’’. 
(b) RULE OF CONSTRUCTION.— 
(1) ORIGINAL INFORMATION.—Information submitted to the 
Secretary of Transportation by a whistleblower in accordance 
with the requirements of section 30172 of title 49, United 
States Code, shall not lose its status as original information 
solely because the whistleblower submitted the information 
prior to the effective date of the regulations issued under sub-
section (i) of that section if that information was submitted 
after the date of enactment of this Act. 
(2) AWARDS.—A whistleblower may receive an award under 
section 30172 of title 49, United States Code, regardless of 
whether the violation underlying the covered action occurred 
prior to the date of enactment of this Act, and may receive 
an award prior to the Secretary of Transportation promulgating 
the regulations under subsection (i) of that section. 
(c) CONFORMING AMENDMENTS.—The table of contents of sub-
chapter IV of chapter 301 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘30172. Whistleblower incentives and protections.’’. 
Subtitle D—Additional Motor Vehicle 
Provisions 
SEC. 24401. REQUIRED REPORTING OF NHTSA AGENDA. 
Not later than December 1 of the year beginning after the 
date of enactment of this Act, and each year thereafter, the Adminis-
trator of the National Highway Traffic Safety Administration shall 
publish on the public website of the Administration, and file with 
the Committees on Energy and Commerce and Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate an annual 
plan for the following calendar year detailing the Administration’s 
projected activities, including— 
(1) the Administrator’s policy priorities; 
(2) any rulemakings projected to be commenced; 
(3) any plans to develop guidelines; 
(4) any plans to restructure the Administration or to estab-
lish or alter working groups; 
(5) any planned projects or initiatives of the Administra-
tion, including the working groups and advisory committees 
of the Administration; and 
(6) any projected dates or timetables associated with any 
of the items described in paragraphs (1) through (5). 
SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NON-
COMPLIANCE. 
Section 30120(g)(1) of title 49, United States Code, is amended 
by striking ‘‘10 calendar years’’ and inserting ‘‘15 calendar years’’. 
SEC. 24403. RETENTION OF SAFETY RECORDS BY MANUFACTURERS. 
(a) RULE.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary of Transportation shall issue a 
49 USC 30117 
note. 
49 USC 105 note. 
49 USC 
prec. 30101. 
49 USC 30172 
note. 
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129 STAT. 1721 
PUBLIC LAW 114–94—DEC. 4, 2015 
final rule pursuant to section 30117 of title 49, United States 
Code, requiring each manufacturer of motor vehicles or motor 
vehicle equipment to retain all motor vehicle safety records required 
to be maintained by manufacturers under section 576.6 of title 
49, Code of Federal Regulations, for a period of not less than 
10 calendar years from the date on which they were generated 
or acquired by the manufacturer. 
(b) APPLICATION.—The rule required by subsection (a) shall 
apply with respect to any record described in such subsection that 
is in the possession of a manufacturer on the effective date of 
such rule. 
SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO NON-
COMPLYING MOTOR VEHICLES TO VEHICLES USED FOR 
TESTING OR EVALUATION. 
Section 30112(b) of title 49, United States Code, is amended— 
(1) in paragraph (8), by striking ‘‘; or’’ and inserting a 
semicolon; 
(2) in paragraph (9), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(10) the introduction of a motor vehicle in interstate com-
merce solely for purposes of testing or evaluation by a manufac-
turer that agrees not to sell or offer for sale the motor vehicle 
at the conclusion of the testing or evaluation and that prior 
to the date of enactment of this paragraph— 
‘‘(A) has manufactured and distributed motor vehicles 
into the United States that are certified to comply with 
all applicable Federal motor vehicle safety standards; 
‘‘(B) has submitted to the Secretary appropriate manu-
facturer identification information under part 566 of title 
49, Code of Federal Regulations; and 
‘‘(C) if applicable, has identified an agent for service 
of process in accordance with part 551 of such title.’’. 
SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS. 
(a) EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW- 
VOLUME MANUFACTURERS.—Section 30114 of title 49, United States 
Code, is amended— 
(1) by striking ‘‘The’’ and inserting ‘‘(A) VEHICLES USED 
FOR PARTICULAR PURPOSES. The’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) EXEMPTION FOR LOW-VOLUME MANUFACTURERS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) exempt from section 30112(a) of this title not 
more than 325 replica motor vehicles per year that are 
manufactured or imported by a low-volume manufacturer; 
and 
‘‘(B) except as provided in paragraph (4) of this sub-
section, limit any such exemption to the Federal Motor 
Vehicle Safety Standards applicable to motor vehicles and 
not motor vehicle equipment. 
‘‘(2) REGISTRATION REQUIREMENT.—To qualify for an exemp-
tion under paragraph (1), a low-volume manufacturer shall 
register with the Secretary at such time, in such manner, 
and under such terms that the Secretary determines appro-
priate. The Secretary shall establish terms that ensure that 
no person may register as a low-volume manufacturer if the 
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129 STAT. 1722 
PUBLIC LAW 114–94—DEC. 4, 2015 
person is registered as an importer under section 30141 of 
this title. 
‘‘(3) PERMANENT LABEL REQUIREMENT.— 
‘‘(A) IN GENERAL.—The Secretary shall require a low- 
volume manufacturer to affix a permanent label to a motor 
vehicle exempted under paragraph (1) that identifies the 
specified standards and regulations for which such vehicle 
is exempt from section 30112(a), states that the vehicle 
is a replica, and designates the model year such vehicle 
replicates. 
‘‘(B) WRITTEN NOTICE.—The Secretary may require a 
low-volume manufacturer of a motor vehicle exempted 
under paragraph (1) to deliver written notice of the exemp-
tion to— 
‘‘(i) the dealer; and 
‘‘(ii) the first purchaser of the motor vehicle, if 
the first purchaser is not an individual that purchases 
the motor vehicle for resale. 
‘‘(C) REPORTING REQUIREMENT.—A low-volume manu-
facturer shall annually submit a report to the Secretary 
including the number and description of the motor vehicles 
exempted under paragraph (1) and a list of the exemptions 
described on the label affixed under subparagraph (A). 
‘‘(4) EFFECT
ON
OTHER
PROVISIONS.—Any motor vehicle 
exempted under this subsection shall also be exempted from 
sections 32304, 32502, and 32902 of this title and from section 
3 of the Automobile Information Disclosure Act (15 U.S.C. 
1232). 
‘‘(5) LIMITATION AND PUBLIC NOTICE.—The Secretary shall 
have 90 days to review and approve or deny a registration 
submitted under paragraph (2). If the Secretary determines 
that any such registration submitted is incomplete, the Sec-
retary shall have an additional 30 days for review. Any registra-
tion not approved or denied within 90 days after initial submis-
sion, or 120 days if the registration submitted is incomplete, 
shall be deemed approved. The Secretary shall have the 
authority to revoke an existing registration based on a failure 
to comply with requirements set forth in this subsection or 
a finding by the Secretary of a safety-related defect or unlawful 
conduct under this chapter that poses a significant safety risk. 
The registrant shall be provided a reasonable opportunity to 
correct all deficiencies, if such are correctable based on the 
sole discretion of the Secretary. An exemption granted by the 
Secretary to a low-volume manufacturer under this subsection 
may not be transferred to any other person, and shall expire 
at the end of the calendar year for which it was granted 
with respect to any volume authorized by the exemption that 
was not applied by the low-volume manufacturer to vehicles 
built during that calendar year. The Secretary shall maintain 
an up-to-date list of registrants and a list of the make and 
model of motor vehicles exempted under paragraph (1) on at 
least an annual basis and publish such list in the Federal 
Register or on a website operated by the Secretary. 
‘‘(6) LIMITATION OF LIABILITY FOR ORIGINAL MANUFACTUR-
ERS, LICENSORS OR OWNERS OF PRODUCT CONFIGURATION, TRADE 
DRESS, OR
DESIGN
PATENTS.—The original manufacturer, its 
successor or assignee, or current owner, who grants a license 
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129 STAT. 1723 
PUBLIC LAW 114–94—DEC. 4, 2015 
or otherwise transfers rights to a low-volume manufacturer 
shall incur no liability to any person or entity under Federal 
or State statute, regulation, local ordinance, or under any Fed-
eral or State common law for such license or assignment to 
a low-volume manufacturer. 
‘‘(7) DEFINITIONS.—In this subsection: 
‘‘(A) LOW-VOLUME
MANUFACTURER.—The term ‘low- 
volume manufacturer’ means a motor vehicle manufacturer, 
other than a person who is registered as an importer under 
section 30141 of this title, whose annual worldwide produc-
tion, including by a parent or subsidiary of the manufac-
turer, if applicable, is not more than 5,000 motor vehicles. 
‘‘(B) REPLICA MOTOR VEHICLE.—The term ‘replica motor 
vehicle’ means a motor vehicle produced by a low-volume 
manufacturer and that— 
‘‘(i) is intended to resemble the body of another 
motor vehicle that was manufactured not less than 
25 years before the manufacture of the replica motor 
vehicle; and 
‘‘(ii) is manufactured under a license for the 
product configuration, trade dress, trademark, or 
patent, for the motor vehicle that is intended to be 
replicated from the original manufacturer, its succes-
sors or assignees, or current owner of such product 
configuration, trade dress, trademark, or patent rights. 
‘‘(8) CONSTRUCTION.—Except as provided in paragraphs (1) 
and (4), a registrant shall be considered a motor vehicle manu-
facturer for purposes of parts A and C of subtitle VI of this 
title. Nothing shall be construed to exempt a registrant from 
complying with the requirements under sections 30116 through 
30120A of this title if the motor vehicle excepted under para-
graph (1) contains a defect related to motor vehicle safety. 
‘‘(9) STATE REGISTRATION.—Nothing in this subsection shall 
be construed to preempt, affect, or supersede any State titling 
or registration law or regulation for a replica motor vehicle, 
or exempt a person from complying with such law or regula-
tion.’’. 
(b) VEHICLE
EMISSION
COMPLIANCE
STANDARDS
FOR
LOW- 
VOLUME MOTOR VEHICLE MANUFACTURERS.—Section 206(a) of the 
Clean Air Act (42 U.S.C. 7525(a)) is amended by adding at the 
end the following new paragraph: 
‘‘(5)(A) A motor vehicle engine (including all engine emis-
sion controls) may be installed in an exempted specially pro-
duced motor vehicle if the motor vehicle engine is from a 
motor vehicle that is covered by a certificate of conformity 
issued by the Administrator for the model year in which the 
exempted specially produced motor vehicle is produced, or the 
motor vehicle engine is covered by an Executive order subject 
to regulations promulgated by the California Air Resources 
Board for the model year in which the exempted specially 
produced motor vehicle is produced, and— 
‘‘(i) the manufacturer of the engine supplies writ-
ten instructions to the Administrator and the manufac-
turer of the exempted specially produced motor vehicle 
explaining how to install the engine and maintain 
functionality of the engine’s emission control system 
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129 STAT. 1724 
PUBLIC LAW 114–94—DEC. 4, 2015 
and the on-board diagnostic system (commonly known 
as ‘OBD’), except with respect to evaporative emissions; 
‘‘(ii) the manufacturer of the exempted specially 
produced motor vehicle installs the engine in accord-
ance with such instructions and certifies such installa-
tion in accordance with subparagraph (E); 
‘‘(iii) the installation instructions include emission 
control warranty information from the engine manufac-
turer in compliance with section 207, including where 
warranty repairs can be made, emission control labels 
to be affixed to the vehicle, and the certificate of con-
formity number for the applicable vehicle in which 
the engine was originally intended or the applicable 
Executive order number for the engine; and 
‘‘(iv) the manufacturer of the exempted specially 
produced motor vehicle does not produce more than 
325 such vehicles in the calendar year in which the 
vehicle is produced. 
‘‘(B) A motor vehicle containing an engine compliant 
with the requirements of subparagraph (A) shall be treated 
as meeting the requirements of section 202 applicable to 
new vehicles produced or imported in the model year in 
which the exempted specially produced motor vehicle is 
produced or imported. 
‘‘(C) Engine installations that are not performed in 
accordance with installation instructions provided by the 
manufacturer and alterations to the engine not in accord-
ance with the installation instructions shall— 
‘‘(i) be treated as prohibited acts by the installer 
under section 203 and any applicable regulations; and 
‘‘(ii) subject to civil penalties under section 205(a), 
civil actions under section 205(b), and administrative 
assessment of penalties under section 205(c). 
‘‘(D) The manufacturer of an exempted specially pro-
duced motor vehicle that has an engine compliant with 
the requirements of subparagraph (A) shall provide to the 
purchaser of such vehicle all information received by the 
manufacturer from the engine manufacturer, including 
information regarding emissions warranties from the 
engine manufacturer and all emissions-related recalls by 
the engine manufacturer. 
‘‘(E) To qualify to install an engine under this para-
graph, and sell, offer for sale, introduce into commerce, 
deliver for introduction into commerce or import an 
exempted specially produced motor vehicle, a manufacturer 
of exempted specially produced motor vehicles shall register 
with the Administrator at such time and in such manner 
as the Administrator determines appropriate. The manufac-
turer shall submit an annual report to the Administrator 
that includes— 
‘‘(i) a description of the exempted specially pro-
duced motor vehicles and engines installed in such 
vehicles; 
‘‘(ii) the certificate of conformity number issued 
to the motor vehicle in which the engine was originally 
intended or the applicable Executive order number 
for the engine; and 
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129 STAT. 1725 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(iii) a certification that it produced all exempted 
specially produced motor vehicles according to the writ-
ten instructions from the engine manufacturer, and 
otherwise that the engine conforms in all material 
respects to the description in the application for the 
applicable certificate of conformity or Executive order. 
‘‘(F) Exempted specially produced motor vehicles 
compliant with this paragraph shall be exempted from— 
‘‘(i) motor vehicle certification testing under this 
section; and 
‘‘(ii) vehicle emission control inspection and 
maintenance programs required under section 110. 
‘‘(G)(i) Except as provided in subparagraphs (A) 
through (F), a person engaged in the manufacturing or 
assembling of exempted specially produced motor vehicles 
shall be considered a manufacturer for purposes of this 
Act. 
‘‘(ii) Nothing in this paragraph shall be construed to 
exempt any person from the prohibitions in section 
203(a)(3) or the requirements in sections 208, 206(c), or 
202(m)(5). 
‘‘(H) In this paragraph: 
‘‘(i) The term ‘exempted specially produced motor 
vehicle’ means a light-duty vehicle or light-duty truck 
produced by a low-volume manufacturer and that— 
‘‘(I) is intended to resemble the body of another 
motor vehicle that was manufactured not less than 
25 years before the manufacture of the exempted 
specially produced motor vehicle; and 
‘‘(II) is manufactured under a license for the 
product configuration, trade dress, trademark, or 
patent, for the motor vehicle that is intended to 
be replicated from the original manufacturer, its 
successors or assignees, or current owner of such 
product configuration, trade dress, trademark, or 
patent rights. 
‘‘(ii) The term ‘low-volume manufacturer’ means 
a motor vehicle manufacturer, other than a person 
who is registered as an importer under section 30141 
of title 49, United States Code, whose annual world-
wide production, including by a parent or subsidiary 
of the manufacturer, if applicable, is not more than 
5,000 motor vehicles.’’. 
(c) IMPLEMENTATION.—Not later than 12 months after the date 
of enactment of this Act, the Secretary of Transportation and the 
Administrator of the Environmental Protection Agency shall issue 
such regulations as may be necessary to implement the amendments 
made by subsections (a) and (b), respectively. 
SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES. 
Section 30111 of title 49, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(f) MOTOR VEHICLE SAFETY GUIDELINES.— 
‘‘(1) IN GENERAL.—No guidelines issued by the Secretary 
with respect to motor vehicle safety shall confer any rights 
on any person, State, or locality, nor shall operate to bind 
the Secretary or any person to the approach recommended 
42 USC 7525 
note. 
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129 STAT. 1726 
PUBLIC LAW 114–94—DEC. 4, 2015 
in such guidelines. In any enforcement action with respect 
to motor vehicle safety, the Secretary shall allege a violation 
of a provision of this subtitle, a motor vehicle safety standard 
issued under this subtitle, or another relevant statute or regula-
tion. The Secretary may not base an enforcement action on, 
or execute a consent order based on, practices that are alleged 
to be inconsistent with any such guidelines, unless the practices 
allegedly violate a provision of this subtitle, a motor vehicle 
safety standard issued under this subtitle, or another relevant 
statute or regulation. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to confer any authority upon or negate 
any authority of the Secretary to issue guidelines under this 
chapter.’’. 
SEC. 24407. IMPROVEMENT OF DATA COLLECTION ON CHILD OCCU-
PANTS IN VEHICLE CRASHES. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall revise the crash investigation 
data collection system of the National Highway Traffic Safety 
Administration to include the collection of the following data in 
connection with vehicle crashes whenever a child restraint system 
was in use in a vehicle involved in a crash: 
(1) The type or types of child restraint systems in use 
during the crash in any vehicle involved in the crash, including 
whether a five-point harness or belt-positioning booster. 
(2) If a five-point harness child restraint system was in 
use during the crash, whether the child restraint system was 
forward-facing or rear-facing in the vehicle concerned. 
(b) CONSULTATION.—In implementing subsection (a), the Sec-
retary shall work with law enforcement officials, safety advocates, 
the medical community, and research organizations to improve 
the recordation of data described in subsection (a) in police and 
other applicable incident reports. 
(c) REPORT.—Not later than 3 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Energy and Commerce of the House of Representatives 
a report on child occupant crash data collection in the crash inves-
tigation data collection system of the National Highway Traffic 
Safety Administration pursuant to the revision required by sub-
section (a). 
DIVISION C—FINANCE 
TITLE XXXI—HIGHWAY TRUST FUND 
AND RELATED TAXES 
Subtitle A—Extension of Trust Fund 
Expenditure Authority and Related Taxes 
SEC. 31101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 
AUTHORITY. 
(a) HIGHWAY TRUST FUND.—Section 9503 of the Internal Rev-
enue Code of 1986 is amended— 
26 USC 9503. 
49 USC 30127 
note. 
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129 STAT. 1727 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) by striking ‘‘December 5, 2015’’ in subsections (b)(6)(B), 
(c)(1), and (e)(3) and inserting ‘‘October 1, 2020’’, and 
(2) by striking ‘‘Surface Transportation Extension Act of 
2015, Part II’’ in subsections (c)(1) and (e)(3) and inserting 
‘‘FAST Act’’. 
(b) SPORT FISH RESTORATION
AND BOATING TRUST FUND.— 
Section 9504 of such Code is amended— 
(1) by striking ‘‘Surface Transportation Extension Act of 
2015, Part II’’ each place it appears in subsection (b)(2) and 
inserting ‘‘FAST Act’’, and 
(2) by striking ‘‘December 5, 2015’’ in subsection (d)(2) 
and inserting ‘‘October 1, 2020’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST FUND.—Sec-
tion 9508(e)(2) of such Code is amended by striking ‘‘December 
5, 2015’’ and inserting ‘‘October 1, 2020’’. 
SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the Internal Revenue 
Code of 1986 is amended by striking ‘‘September 30, 2016’’ 
and inserting ‘‘September 30, 2022’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1). 
(2) Each of the following provisions of such Code is amended 
by striking ‘‘October 1, 2016’’ and inserting ‘‘October 1, 2022’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION
OF TAX, ETC., ON USE
OF CERTAIN HEAVY 
VEHICLES.—Each of the following provisions of the Internal Revenue 
Code of 1986 is amended by striking ‘‘2017’’ each place it appears 
and inserting ‘‘2023’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of the Internal 
Revenue Code of 1986 is amended— 
(1) by striking ‘‘October 1, 2016’’ each place it appears 
and inserting ‘‘October 1, 2022’’; 
(2) by striking ‘‘March 31, 2017’’ each place it appears 
and inserting ‘‘March 31, 2023’’; and 
(3) by striking ‘‘January 1, 2017’’ and inserting ‘‘January 
1, 2023’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) Section 4221(a) of the Internal Revenue Code of 1986 
is amended by striking ‘‘October 1, 2016’’ and inserting ‘‘October 
1, 2022’’. 
(2) Section 4483(i) of such Code is amended by striking 
‘‘October 1, 2017’’ and inserting ‘‘October 1, 2023’’. 
(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— 
(1) IN GENERAL.—Section 9503 of the Internal Revenue 
Code of 1986 is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘October 1, 2016’’ each place it 
appears in paragraphs (1) and (2) and inserting 
‘‘October 1, 2022’’; 
26 USC 9503. 
26 USC 4483. 
26 USC 4221. 
26 USC 6412. 
26 USC 4482. 
26 USC 4481. 
26 USC 4071. 
26 USC 4051. 
26 USC 4081. 
26 USC 4041. 
26 USC 9508. 
26 USC 9504. 
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129 STAT. 1728 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) by striking ‘‘OCTOBER 1, 2016’’ in the heading 
of paragraph (2) and inserting ‘‘OCTOBER 1, 2022’’; 
(iii) by striking ‘‘September 30, 2016’’ in paragraph 
(2) and inserting ‘‘September 30, 2022’’; and 
(iv) by striking ‘‘July 1, 2017’’ in paragraph (2) 
and inserting ‘‘July 1, 2023’’; and 
(B) in subsection (c)(2), by striking ‘‘July 1, 2017’’ and 
inserting ‘‘July 1, 2023’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) and (4)(A) of 
section 9503(c) of such Code are each amended by striking 
‘‘October 1, 2016’’ and inserting ‘‘October 1, 2022’’. 
(B) CONFORMING AMENDMENTS TO LAND AND WATER 
CONSERVATION FUND.—Section 200310 of title 54, United 
States Code, is amended— 
(i) by striking ‘‘October 1, 2017’’ each place it 
appears and inserting ‘‘October 1, 2023’’; and 
(ii) by striking ‘‘October 1, 2016’’ and inserting 
‘‘October 1, 2022’’. 
(f) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2016. 
Subtitle B—Additional Transfers to 
Highway Trust Fund 
SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND. 
Subsection (f) of section 9503 of the Internal Revenue Code 
of 1986 is amended by redesignating paragraph (8) as paragraph 
(10) and inserting after paragraph (7) the following new paragraphs: 
‘‘(8) FURTHER TRANSFERS TO TRUST FUND.—Out of money 
in the Treasury not otherwise appropriated, there is hereby 
appropriated— 
‘‘(A) $51,900,000,000 to the Highway Account (as 
defined in subsection (e)(5)(B)) in the Highway Trust Fund; 
and 
‘‘(B) $18,100,000,000 to the Mass Transit Account in 
the Highway Trust Fund. 
‘‘(9) ADDITIONAL
INCREASE
IN
FUND
BALANCE.—There is 
hereby transferred to the Highway Account (as defined in sub-
section (e)(5)(B)) in the Highway Trust Fund amounts appro-
priated from the Leaking Underground Storage Tank Trust 
Fund under section 9508(c)(4).’’. 
SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR 
VEHICLE SAFETY PENALTIES. 
(a) IN GENERAL.—Paragraph (5) of section 9503(b) of the 
Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘There are hereby’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—There are hereby’’, and 
(2) by adding at the end the following new paragraph: 
‘‘(B) PENALTIES RELATED TO MOTOR VEHICLE SAFETY.— 
‘‘(i) IN GENERAL.—There are hereby appropriated 
to the Highway Trust Fund amounts equivalent to 
covered motor vehicle safety penalty collections. 
26 USC 4041 
note. 
54 USC 200310. 
26 USC 9503. 
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129 STAT. 1729 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ii) COVERED
MOTOR
VEHICLE
SAFETY
PENALTY 
COLLECTIONS.—For purposes of this subparagraph, the 
term ‘covered motor vehicle safety penalty collections’ 
means any amount collected in connection with a civil 
penalty under section 30165 of title 49, United States 
Code, reduced by any award authorized by the Sec-
retary of Transportation to be paid to any person in 
connection with information provided by such person 
related to a violation of chapter 301 of such title which 
is a predicate to such civil penalty.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply to amounts collected after the date of the enactment 
of this Act. 
SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STOR-
AGE TANK TRUST FUND. 
(a) IN GENERAL.—Subsection (c) of section 9508 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following 
new paragraph: 
‘‘(4) ADDITIONAL TRANSFER TO HIGHWAY TRUST FUND.—Out 
of amounts in the Leaking Underground Storage Tank Trust 
Fund there is hereby appropriated— 
‘‘(A) on the date of the enactment of the FAST Act, 
$100,000,000, 
‘‘(B) on October 1, 2016, $100,000,000, and 
‘‘(C) on October 1, 2017, $100,000,000, 
to be transferred under section 9503(f)(9) to the Highway 
Account (as defined in section 9503(e)(5)(B)) in the Highway 
Trust Fund.’’. 
(b) CONFORMING
AMENDMENT.—Section 9508(c)(1) of the 
Internal Revenue Code of 1986 is amended by striking ‘‘paragraphs 
(2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and (4)’’. 
TITLE XXXII—OFFSETS 
Subtitle A—Tax Provisions 
SEC. 32101. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CER-
TAIN UNPAID TAXES. 
(a) IN GENERAL.—Subchapter D of chapter 75 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following 
new section: 
‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CER-
TAIN TAX DELINQUENCIES. 
‘‘(a) IN GENERAL.—If the Secretary receives certification by 
the Commissioner of Internal Revenue that an individual has a 
seriously delinquent tax debt, the Secretary shall transmit such 
certification to the Secretary of State for action with respect to 
denial, revocation, or limitation of a passport pursuant to section 
32101 of the FAST Act. 
‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.— 
‘‘(1) IN GENERAL.—For purposes of this section, the term 
‘seriously delinquent tax debt’ means an unpaid, legally enforce-
able Federal tax liability of an individual— 
‘‘(A) which has been assessed, 
26 USC 7345 
note. 
22 USC 2714a. 
26 USC 9508. 
26 USC 9503 
note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) which is greater than $50,000, and 
‘‘(C) with respect to which— 
‘‘(i) a notice of lien has been filed pursuant to 
section 6323 and the administrative rights under sec-
tion 6320 with respect to such filing have been 
exhausted or have lapsed, or 
‘‘(ii) a levy is made pursuant to section 6331. 
‘‘(2) EXCEPTIONS.—Such term shall not include— 
‘‘(A) a debt that is being paid in a timely manner 
pursuant to an agreement to which the individual is party 
under section 6159 or 7122, and 
‘‘(B) a debt with respect to which collection is sus-
pended with respect to the individual— 
‘‘(i) because a due process hearing under section 
6330 is requested or pending, or 
‘‘(ii) because an election under subsection (b) or 
(c) of section 6015 is made or relief under subsection 
(f) of such section is requested. 
‘‘(c) REVERSAL OF CERTIFICATION.— 
‘‘(1) IN GENERAL.—In the case of an individual with respect 
to whom the Commissioner makes a certification under sub-
section (a), the Commissioner shall notify the Secretary (and 
the Secretary shall subsequently notify the Secretary of State) 
if such certification is found to be erroneous or if the debt 
with respect to such certification is fully satisfied or ceases 
to be a seriously delinquent tax debt by reason of subsection 
(b)(2). 
‘‘(2) TIMING OF NOTICE.— 
‘‘(A) FULL SATISFACTION OF DEBT.—In the case of a 
debt that has been fully satisfied or has become legally 
unenforceable, such notification shall be made not later 
than the date required for issuing the certificate of release 
of lien with respect to such debt under section 6325(a). 
‘‘(B) INNOCENT SPOUSE RELIEF.—In the case of an indi-
vidual who makes an election under subsection (b) or (c) 
of section 6015, or requests relief under subsection (f) of 
such section, such notification shall be made not later 
than 30 days after any such election or request. 
‘‘(C) 
INSTALLMENT
AGREEMENT
OR
OFFER-IN-COM-
PROMISE.—In the case of an installment agreement under 
section 6159 or an offer-in-compromise under section 7122, 
such notification shall be made not later than 30 days 
after such agreement is entered into or such offer is 
accepted by the Secretary. 
‘‘(D) ERRONEOUS CERTIFICATION.—In the case of a cer-
tification found to be erroneous, such notification shall 
be made as soon as practicable after such finding. 
‘‘(d) CONTEMPORANEOUS NOTICE TO INDIVIDUAL.—The Commis-
sioner shall contemporaneously notify an individual of any certifi-
cation under subsection (a), or any reversal of certification under 
subsection (c), with respect to such individual. Such notice shall 
include a description in simple and nontechnical terms of the right 
to bring a civil action under subsection (e). 
‘‘(e) JUDICIAL REVIEW OF CERTIFICATION.— 
‘‘(1) IN GENERAL.—After the Commissioner notifies an indi-
vidual under subsection (d), the taxpayer may bring a civil 
action against the United States in a district court of the 
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PUBLIC LAW 114–94—DEC. 4, 2015 
United States or the Tax Court to determine whether the 
certification was erroneous or whether the Commissioner has 
failed to reverse the certification. 
‘‘(2) DETERMINATION.—If the court determines that such 
certification was erroneous, then the court may order the Sec-
retary to notify the Secretary of State that such certification 
was erroneous. 
‘‘(f) ADJUSTMENT FOR INFLATION.—In the case of a calendar 
year beginning after 2016, the dollar amount in subsection (a) 
shall be increased by an amount equal to— 
‘‘(1) such dollar amount, multiplied by 
‘‘(2) the cost-of-living adjustment determined under section 
1(f)(3) for the calendar year, determined by substituting ‘cal-
endar year 2015’ for ‘calendar year 1992’ in subparagraph (B) 
thereof. 
If any amount as adjusted under the preceding sentence is not 
a multiple of $1,000, such amount shall be rounded to the nearest 
multiple of $1,000. 
‘‘(g) DELEGATION OF CERTIFICATION.—A certification under sub-
section (a) or reversal of certification under subsection (c) may 
only be delegated by the Commissioner of Internal Revenue to 
the Deputy Commissioner for Services and Enforcement, or the 
Commissioner of an operating division, of the Internal Revenue 
Service.’’. 
(b) INFORMATION INCLUDED IN NOTICE OF LIEN AND LEVY.— 
(1) NOTICE OF LIEN.—Section 6320(a)(3) of such Code is 
amended by striking ‘‘and’’ at the end of subparagraph (C), 
by striking the period at the end of subparagraph (D) and 
inserting ‘‘; and’’, and by adding at the end the following new 
subparagraph: 
‘‘(E) the provisions of section 7345 relating to the cer-
tification of seriously delinquent tax debts and the denial, 
revocation, or limitation of passports of individuals with 
such debts pursuant to section 32101 of the FAST Act.’’. 
(2) NOTICE OF LEVY.—Section 6331(d)(4) of such Code is 
amended by striking ‘‘and’’ at the end of subparagraph (E), 
by striking the period at the end of subparagraph (F) and 
inserting ‘‘, and’’, and by adding at the end the following new 
subparagraph: 
‘‘(G) the provisions of section 7345 relating to the cer-
tification of seriously delinquent tax debts and the denial, 
revocation, or limitation of passports of individuals with 
such debts pursuant to section 32101 of the FAST Act.’’. 
(c) AUTHORITY FOR INFORMATION SHARING.— 
(1) IN GENERAL.—Section 6103(k) of such Code is amended 
by adding at the end the following new paragraph: 
‘‘(11) DISCLOSURE OF RETURN INFORMATION TO DEPARTMENT 
OF STATE FOR PURPOSES OF PASSPORT REVOCATION UNDER SEC-
TION 7345.— 
‘‘(A) IN GENERAL.—The Secretary shall, upon receiving 
a certification described in section 7345, disclose to the 
Secretary of State return information with respect to a 
taxpayer who has a seriously delinquent tax debt described 
in such section. Such return information shall be limited 
to— 
‘‘(i) the taxpayer identity information with respect 
to such taxpayer, and 
26 USC 6103. 
26 USC 6320. 
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129 STAT. 1732 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ii) the amount of such seriously delinquent tax 
debt. 
‘‘(B) RESTRICTION ON DISCLOSURE.—Return information 
disclosed under subparagraph (A) may be used by officers 
and employees of the Department of State for the purposes 
of, and to the extent necessary in, carrying out the require-
ments of section 32101 of the FAST Act.’’. 
(2) CONFORMING
AMENDMENT.—Paragraph (4) of section 
6103(p) of such Code is amended by striking ‘‘or (10)’’ each 
place it appears in subparagraph (F)(ii) and in the matter 
preceding subparagraph (A) and inserting ‘‘, (10), or (11)’’. 
(d) TIME FOR CERTIFICATION OF SERIOUSLY DELINQUENT TAX 
DEBT POSTPONED BY REASON OF SERVICE IN COMBAT ZONE.—Section 
7508(a) of such Code is amended by striking the period at the 
end of paragraph (2) and inserting ‘‘; and’’ and by adding at the 
end the following new paragraph: 
‘‘(3) Any certification of a seriously delinquent tax debt 
under section 7345.’’. 
(e) AUTHORITY TO DENY OR REVOKE PASSPORT.— 
(1) DENIAL.— 
(A) IN GENERAL.—Except as provided under subpara-
graph (B), upon receiving a certification described in section 
7345 of the Internal Revenue Code of 1986 from the Sec-
retary of the Treasury, the Secretary of State shall not 
issue a passport to any individual who has a seriously 
delinquent tax debt described in such section. 
(B) EMERGENCY AND HUMANITARIAN SITUATIONS.—Not-
withstanding subparagraph (A), the Secretary of State may 
issue a passport, in emergency circumstances or for 
humanitarian reasons, to an individual described in such 
subparagraph. 
(2) REVOCATION.— 
(A) IN GENERAL.—The Secretary of State may revoke 
a passport previously issued to any individual described 
in paragraph (1)(A). 
(B) LIMITATION FOR RETURN TO UNITED STATES.—If the 
Secretary of State decides to revoke a passport under 
subparagraph (A), the Secretary of State, before revocation, 
may— 
(i) limit a previously issued passport only for 
return travel to the United States; or 
(ii) issue a limited passport that only permits 
return travel to the United States. 
(3) HOLD HARMLESS.—The Secretary of the Treasury, the 
Secretary of State, and any of their designees shall not be 
liable to an individual for any action with respect to a certifi-
cation by the Commissioner of Internal Revenue under section 
7345 of the Internal Revenue Code of 1986. 
(f) REVOCATION OR DENIAL OF PASSPORT IN CASE OF INDIVIDUAL 
WITHOUT SOCIAL SECURITY ACCOUNT NUMBER.— 
(1) DENIAL.— 
(A) IN GENERAL.—Except as provided under subpara-
graph (B), upon receiving an application for a passport 
from an individual that either— 
(i) does not include the social security account 
number issued to that individual, or 
26 USC 7508. 
26 USC 6103. 
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129 STAT. 1733 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) includes an incorrect or invalid social security 
number willfully, intentionally, negligently, or reck-
lessly provided by such individual, 
the Secretary of State is authorized to deny such applica-
tion and is authorized to not issue a passport to the indi-
vidual. 
(B) EMERGENCY AND HUMANITARIAN SITUATIONS.—Not-
withstanding subparagraph (A), the Secretary of State may 
issue a passport, in emergency circumstances or for 
humanitarian reasons, to an individual described in 
subparagraph (A). 
(2) REVOCATION.— 
(A) IN GENERAL.—The Secretary of State may revoke 
a passport previously issued to any individual described 
in paragraph (1)(A). 
(B) LIMITATION FOR RETURN TO UNITED STATES.—If the 
Secretary of State decides to revoke a passport under 
subparagraph (A), the Secretary of State, before revocation, 
may— 
(i) limit a previously issued passport only for 
return travel to the United States; or 
(ii) issue a limited passport that only permits 
return travel to the United States. 
(g) REMOVAL
OF CERTIFICATION FROM RECORD WHEN DEBT 
CEASES TO BE SERIOUSLY DELINQUENT.—If pursuant to subsection 
(c) or (e) of section 7345 of the Internal Revenue Code of 1986 
the Secretary of State receives from the Secretary of the Treasury 
a notice that an individual ceases to have a seriously delinquent 
tax debt, the Secretary of State shall remove from the individual’s 
record the certification with respect to such debt. 
(h) CLERICAL AMENDMENT.—The table of sections for subchapter 
D of chapter 75 of the Internal Revenue Code of 1986 is amended 
by adding at the end the following new item: 
‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.’’. 
(i) EFFECTIVE DATE.—The provisions of, and amendments made 
by, this section shall take effect on the date of the enactment 
of this Act. 
SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLEC-
TION CONTRACTS. 
(a) REQUIREMENT TO COLLECT CERTAIN INACTIVE TAX RECEIV-
ABLES UNDER QUALIFIED TAX COLLECTION CONTRACTS.—Section 
6306 of the Internal Revenue Code of 1986 is amended by redesig-
nating subsections (c) through (f) as subsections (d) through (g), 
respectively, and by inserting after subsection (b) the following 
new subsection: 
‘‘(c) COLLECTION OF INACTIVE TAX RECEIVABLES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary shall enter into one or more qualified tax 
collection contracts for the collection of all outstanding inactive 
tax receivables. 
‘‘(2) INACTIVE TAX RECEIVABLES.—For purposes of this sec-
tion— 
‘‘(A) IN GENERAL.—The term ‘inactive tax receivable’ 
means any tax receivable if— 
26 USC 6306. 
26 USC 
prec. 7341. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(i) at any time after assessment, the Internal 
Revenue Service removes such receivable from the 
active inventory for lack of resources or inability to 
locate the taxpayer, 
‘‘(ii) more than 1⁄3 of the period of the applicable 
statute of limitation has lapsed and such receivable 
has not been assigned for collection to any employee 
of the Internal Revenue Service, or 
‘‘(iii) in the case of a receivable which has been 
assigned for collection, more than 365 days have passed 
without interaction with the taxpayer or a third party 
for purposes of furthering the collection of such receiv-
able. 
‘‘(B) TAX RECEIVABLE.—The term ‘tax receivable’ means 
any outstanding assessment which the Internal Revenue 
Service includes in potentially collectible inventory.’’. 
(b) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR COLLECTION 
UNDER QUALIFIED TAX COLLECTION CONTRACTS.—Section 6306 of 
the Internal Revenue Code of 1986, as amended by subsection 
(a), is amended by redesignating subsections (d) through (g) as 
subsections (e) through (h), respectively, and by inserting after 
subsection (c) the following new subsection: 
‘‘(d) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR COLLECTION 
UNDER QUALIFIED TAX COLLECTIONS CONTRACTS.—A tax receivable 
shall not be eligible for collection pursuant to a qualified tax collec-
tion contract if such receivable— 
‘‘(1) is subject to a pending or active offer-in-compromise 
or installment agreement, 
‘‘(2) is classified as an innocent spouse case, 
‘‘(3) involves a taxpayer identified by the Secretary as 
being— 
‘‘(A) deceased, 
‘‘(B) under the age of 18, 
‘‘(C) in a designated combat zone, or 
‘‘(D) a victim of tax-related identity theft, 
‘‘(4) is currently under examination, litigation, criminal 
investigation, or levy, or 
‘‘(5) is currently subject to a proper exercise of a right 
of appeal under this title.’’. 
(c) CONTRACTING PRIORITY.—Section 6306 of the Internal Rev-
enue Code of 1986, as amended by the preceding provisions of 
this section, is amended by redesignating subsection (h) as sub-
section (i) and by inserting after subsection (g) the following new 
subsection: 
‘‘(h) CONTRACTING PRIORITY.—In contracting for the services 
of any person under this section, the Secretary shall utilize private 
collection contractors and debt collection centers on the schedule 
required under section 3711(g) of title 31, United States Code, 
including the technology and communications infrastructure estab-
lished therein, to the extent such private collection contractors 
and debt collection centers are appropriate to carry out the purposes 
of this section.’’. 
(d) DISCLOSURE OF RETURN INFORMATION.—Section 6103(k) of 
the Internal Revenue Code of 1986, as amended by section 32101, 
is amended by adding at the end the following new paragraph: 
‘‘(12) QUALIFIED TAX COLLECTION CONTRACTORS.—Persons 
providing services pursuant to a qualified tax collection contract 
26 USC 6103. 
26 USC 6306. 
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129 STAT. 1735 
PUBLIC LAW 114–94—DEC. 4, 2015 
under section 6306 may, if speaking to a person who has 
identified himself or herself as having the name of the taxpayer 
to which a tax receivable (within the meaning of such section) 
relates, identify themselves as contractors of the Internal Rev-
enue Service and disclose the business name of the contractor, 
and the nature, subject, and reason for the contact. Disclosures 
under this paragraph shall be made only in such situations 
and under such conditions as have been approved by the Sec-
retary.’’. 
(e) TAXPAYERS AFFECTED
BY FEDERALLY DECLARED DISAS-
TERS.—Section 6306 of the Internal Revenue Code of 1986, as 
amended by the preceding provisions of this section, is amended 
by redesignating subsection (i) as subsection (j) and by inserting 
after subsection (h) the following new subsection: 
‘‘(i) 
TAXPAYERS
IN
PRESIDENTIALLY
DECLARED
DISASTER 
AREAS.—The Secretary may prescribe procedures under which a 
taxpayer determined to be affected by a Federally declared disaster 
(as defined by section 165(i)(5)) may request— 
‘‘(1) relief from immediate collection measures by contrac-
tors under this section, and 
‘‘(2) a return of the inactive tax receivable to the inventory 
of the Internal Revenue Service to be collected by an employee 
thereof.’’. 
(f) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Section 6306 of the Internal Revenue 
Code of 1986, as amended by the preceding provisions of this 
section, is amended by redesignating subsection (j) as sub-
section (k) and by inserting after subsection (i) the following 
new subsection: 
‘‘(j) REPORT TO CONGRESS.—Not later than 90 days after the 
last day of each fiscal year (beginning with the first such fiscal 
year ending after the date of the enactment of this subsection), 
the Secretary shall submit to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance 
of the Senate a report with respect to qualified tax collection con-
tracts under this section which shall include— 
‘‘(1) annually, with respect to such fiscal year— 
‘‘(A) the total number and amount of tax receivables 
provided to each contractor for collection under this section, 
‘‘(B) the total amounts collected (and amounts of 
installment agreements entered into under subsection 
(b)(1)(B)) with respect to each contractor and the collection 
costs incurred (directly and indirectly) by the Internal Rev-
enue Service with respect to such amounts, 
‘‘(C) the impact of such contracts on the total number 
and amount of unpaid assessments, and on the number 
and amount of assessments collected by Internal Revenue 
Service personnel after initial contact by a contractor, 
‘‘(D) the amount of fees retained by the Secretary under 
subsection (e) and a description of the use of such funds, 
and 
‘‘(E) a disclosure safeguard report in a form similar 
to that required under section 6103(p)(5), and 
‘‘(2) biannually (beginning with the second report submitted 
under this subsection)— 
‘‘(A) an independent evaluation of contractor perform-
ance, and 
26 USC 6306. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(B) a measurement plan that includes a comparison 
of the best practices used by the private collectors to the 
collection techniques used by the Internal Revenue Service 
and mechanisms to identify and capture information on 
successful collection techniques used by the contractors 
that could be adopted by the Internal Revenue Service.’’. 
(2) REPEAL OF EXISTING REPORTING REQUIREMENTS WITH 
RESPECT TO QUALIFIED TAX COLLECTION CONTRACTS.—Section 
881 of the American Jobs Creation Act of 2004 is amended 
by striking subsection (e). 
(g) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by subsections 
(a) and (b) shall apply to tax receivables identified by the 
Secretary after the date of the enactment of this Act. 
(2) CONTRACTING
PRIORITY.—The Secretary shall begin 
entering into contracts and agreements as described in the 
amendment made by subsection (c) within 3 months after the 
date of the enactment of this Act. 
(3) DISCLOSURES.—The amendment made by subsection (d) 
shall apply to disclosures made after the date of the enactment 
of this Act. 
(4) PROCEDURES; REPORT TO CONGRESS.—The amendments 
made by subsections (e) and (f) shall take effect on the date 
of the enactment of this Act. 
SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM. 
(a) IN GENERAL.—Subsection (e) of section 6306 of the Internal 
Revenue Code of 1986, as redesignated by section 52106, is amended 
by striking ‘‘for collection enforcement activities of the Internal 
Revenue Service’’ in paragraph (2) and inserting ‘‘to fund the special 
compliance personnel program account under section 6307’’. 
(b) SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.—Sub-
chapter A of chapter 64 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new section: 
‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT. 
‘‘(a) ESTABLISHMENT
OF
A SPECIAL COMPLIANCE PERSONNEL 
PROGRAM ACCOUNT.—The Secretary shall establish an account 
within the Department for carrying out a program consisting of 
the hiring, training, and employment of special compliance per-
sonnel, and shall transfer to such account from time to time 
amounts retained by the Secretary under section 6306(e)(2). 
‘‘(b) RESTRICTIONS.—The program described in subsection (a) 
shall be subject to the following restrictions: 
‘‘(1) No funds shall be transferred to such account except 
as described in subsection (a). 
‘‘(2) No other funds from any other source shall be expended 
for special compliance personnel employed under such program, 
and no funds from such account shall be expended for the 
hiring of any personnel other than special compliance personnel. 
‘‘(3) Notwithstanding any other authority, the Secretary 
is prohibited from spending funds out of such account for any 
purpose other than for costs under such program associated 
with the employment of special compliance personnel and the 
retraining and reassignment of current noncollections personnel 
as special compliance personnel, and to reimburse the Internal 
Revenue Service or other government agencies for the cost 
26 USC 6307. 
26 USC 6306. 
26 USC 6306 
note. 
26 USC 6103 
note. 
26 USC 6306 
note. 
26 USC 6306 
note. 
26 USC 6306 
note. 
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129 STAT. 1737 
PUBLIC LAW 114–94—DEC. 4, 2015 
of administering qualified tax collection contracts under section 
6306. 
‘‘(c) REPORTING.—Not later than March of each year, the 
Commissioner of Internal Revenue shall submit a report to the 
Committees on Finance and Appropriations of the Senate and the 
Committees on Ways and Means and Appropriations of the House 
of Representatives consisting of the following: 
‘‘(1) For the preceding fiscal year, all funds received in 
the account established under subsection (a), administrative 
and program costs for the program described in such subsection, 
the number of special compliance personnel hired and employed 
under the program, and the amount of revenue actually col-
lected by such personnel. 
‘‘(2) For the current fiscal year, all actual and estimated 
funds received or to be received in the account, all actual 
and estimated administrative and program costs, the number 
of all actual and estimated special compliance personnel hired 
and employed under the program, and the actual and estimated 
revenue actually collected or to be collected by such personnel. 
‘‘(3) For the following fiscal year, an estimate of all funds 
to be received in the account, all estimated administrative 
and program costs, the estimated number of special compliance 
personnel hired and employed under the program, and the 
estimated revenue to be collected by such personnel. 
‘‘(d) DEFINITIONS.—For purposes of this section— 
‘‘(1) SPECIAL COMPLIANCE PERSONNEL.—The term ‘special 
compliance personnel’ means individuals employed by the 
Internal Revenue Service as field function collection officers 
or in a similar position, or employed to collect taxes using 
the automated collection system or an equivalent replacement 
system. 
‘‘(2) PROGRAM COSTS.—The term ‘program costs’ means— 
‘‘(A) total salaries (including locality pay and bonuses), 
benefits, and employment taxes for special compliance per-
sonnel employed or trained under the program described 
in subsection (a), and 
‘‘(B) direct overhead costs, salaries, benefits, and 
employment taxes relating to support staff, rental pay-
ments, office equipment and furniture, travel, data proc-
essing services, vehicle costs, utilities, telecommunications, 
postage, printing and reproduction, supplies and materials, 
lands and structures, insurance claims, and indemnities 
for special compliance personnel hired and employed under 
this section. 
For purposes of subparagraph (B), the cost of management 
and supervision of special compliance personnel shall be taken 
into account as direct overhead costs to the extent such costs, 
when included in total program costs under this paragraph, 
do not represent more than 10 percent of such total costs.’’. 
(c) CLERICAL AMENDMENT.—The table of sections for subchapter 
A of chapter 64 of the Internal Revenue Code of 1986 is amended 
by inserting after the item relating to section 6306 the following 
new item: 
‘‘Sec. 6307. Special compliance personnel program account.’’. 
26 USC 
prec. 6301. 
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129 STAT. 1738 
PUBLIC LAW 114–94—DEC. 4, 2015 
(d) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to amounts collected and retained by the Secretary 
after the date of the enactment of this Act. 
SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION 
OF RETURN DUE DATE FOR CERTAIN EMPLOYEE BEN-
EFIT PLANS. 
(a) IN GENERAL.—Section 2006(b) of the Surface Transportation 
and Veterans Health Care Choice Improvement Act of 2015 is 
amended by striking paragraph (3). 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall apply to returns for taxable years beginning after December 
31, 2015. 
Subtitle B—Fees and Receipts 
SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUS-
TOMS SERVICES. 
(a) IN GENERAL.—Section 13031 of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by 
adding at the end the following: 
‘‘(l) ADJUSTMENT OF FEES FOR INFLATION.— 
‘‘(1) IN
GENERAL.—The Secretary of the Treasury shall 
adjust the fees established under subsection (a), and the limita-
tions on such fees under paragraphs (2), (3), (5), (6), (8), and 
(9) of subsection (b), on April 1, 2016, and at the beginning 
of each fiscal year thereafter, to reflect the percentage (if any) 
of the increase in the average of the Consumer Price Index 
for the preceding 12-month period compared to the Consumer 
Price Index for fiscal year 2014. 
‘‘(2) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.— 
In adjusting under paragraph (1) the amount of the fees estab-
lished under subsection (a), and the limitations on such fees 
under paragraphs (2), (3), (5), (6), (8), and (9) of subsection 
(b), the Secretary— 
‘‘(A) shall round the amount of any increase in the 
Consumer Price Index to the nearest dollar; and 
‘‘(B) may ignore any such increase of less than 1 per-
cent. 
‘‘(3) CONSUMER PRICE INDEX DEFINED.—For purposes of this 
subsection, the term ‘Consumer Price Index’ means the Con-
sumer Price Index for All Urban Consumers published by the 
Bureau of Labor Statistics of the Department of Labor.’’. 
(b) USE OF FEES.—The fees collected as a result of the amend-
ments made by this section shall be deposited in the Customs 
User Fee Account, shall be available for reimbursement of customs 
services and inspections costs, and shall be available only to the 
extent provided in appropriations Acts. 
(c) CONFORMING AMENDMENTS.—Section 13031 of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), 
as amended by subsections (a) and (b), is further amended— 
(1) in subsection (a), in the matter preceding paragraph 
(1), by inserting ‘‘(subject to adjustment under subsection (l))’’ 
after ‘‘following fees’’; and 
(2) in subsection (b)— 
19 USC 58c note. 
26 USC 6081 
note. 
26 USC 6081 
note. 
26 USC 6306 
note. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(A) in paragraph (2), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’; 
(B) in paragraph (3), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’; 
(C) in paragraph (5)(A), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’; 
(D) in paragraph (6), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’; 
(E) in paragraph (8)(A)— 
(i) in clause (i), by inserting ‘‘or (l)’’ after ‘‘sub-
section (a)(9)(B)’’; and 
(ii) in clause (ii), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘$3’’; and 
(F) in paragraph (9)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
inserting ‘‘and subject to adjustment under sub-
section (l)’’ after ‘‘Tariff Act of 1930’’; and 
(II) in clause (ii)(I), by inserting ‘‘(subject to 
adjustment under subsection (l))’’ after ‘‘bill of 
lading’’; and 
(ii) in subparagraph (B)(i), by inserting ‘‘(subject 
to adjustment under subsection (l))’’ after ‘‘bill of 
lading’’. 
SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE 
BANKS. 
Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) 
is amended by adding at the end the following: 
‘‘(3) LIMITATION ON SURPLUS FUNDS.— 
‘‘(A) IN GENERAL.—The aggregate amount of the sur-
plus funds of the Federal reserve banks may not exceed 
$10,000,000,000. 
‘‘(B) TRANSFER TO THE GENERAL FUND.—Any amounts 
of the surplus funds of the Federal reserve banks that 
exceed, or would exceed, the limitation under subparagraph 
(A) shall be transferred to the Board of Governors of the 
Federal Reserve System for transfer to the Secretary of 
the Treasury for deposit in the general fund of the 
Treasury.’’. 
SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS. 
(a) IN GENERAL.—Section 7(a)(1) of the Federal Reserve Act 
(12 15 U.S.C. 289(a)(1)) is amended— 
(1) by amending subparagraph (A) to read as follows: 
‘‘(A) DIVIDEND AMOUNT.—After all necessary expenses 
of a Federal reserve bank have been paid or provided 
for, the stockholders of the bank shall be entitled to receive 
an annual dividend on paid-in capital stock of— 
‘‘(i) in the case of a stockholder with total consoli-
dated assets of more than $10,000,000,000, the smaller 
of— 
‘‘(I) the rate equal to the high yield of the 
10-year Treasury note auctioned at the last auction 
held prior to the payment of such dividend; and 
‘‘(II) 6 percent; and 
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129 STAT. 1740 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(ii) in the case of a stockholder with total consoli-
dated assets of $10,000,000,000 or less, 6 percent.’’; 
and 
(2) by adding at the end the following: 
‘‘(C) INFLATION ADJUSTMENT.—The Board of Governors 
of the Federal Reserve System shall annually adjust the 
dollar amounts of total consolidated assets specified under 
subparagraph (A) to reflect the change in the Gross 
Domestic Product Price Index, published by the Bureau 
of Economic Analysis.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on January 1, 2016. 
SEC. 32204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE. 
(a) DRAWDOWN AND SALE.— 
(1) IN
GENERAL.—Notwithstanding section 161 of the 
Energy Policy and Conservation Act (42 U.S.C. 6241), except 
as provided in subsections (b) and (c), the Secretary of Energy 
shall drawdown and sell from the Strategic Petroleum 
Reserve— 
(A) the quantity of barrels of crude oil that the Sec-
retary of Energy determines to be appropriate to maximize 
the financial return to United States taxpayers for each 
of fiscal years 2016 and 2017; 
(B) 16,000,000 barrels of crude oil during fiscal year 
2023; 
(C) 25,000,000 barrels of crude oil during fiscal year 
2024; and 
(D) 25,000,000 barrels of crude oil during fiscal year 
2025. 
(2) DEPOSIT OF AMOUNTS RECEIVED FROM SALE.—Amounts 
received from a sale under paragraph (1) shall be deposited 
in the general fund of the Treasury during the fiscal year 
in which the sale occurs. 
(b) EMERGENCY PROTECTION.—The Secretary shall not draw 
down and sell crude oil under this section in quantities that would 
limit the authority to sell petroleum products under section 161(h) 
of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)) 
in the full quantity authorized by that subsection. 
(c) INCREASE; LIMITATION.— 
(1) INCREASE.—The Secretary of Energy may increase the 
drawdown and sales under subparagraphs (A) through (I) of 
subsection (a)(1) as the Secretary of Energy determines to be 
appropriate to maximize the financial return to United States 
taxpayers. 
(2) LIMITATION.—The Secretary of Energy shall not draw-
down or conduct sales of crude oil under this section after 
the date on which a total of $6,200,000,000 has been deposited 
in the general fund of the Treasury from sales authorized 
under this section. 
SEC. 32205. REPEAL. 
Effective as of November 2, 2015, the date of the enactment 
of the Bipartisan Budget Act of 2015 (Public Law 114–74), section 
201 of such Act and the amendments made by such section are 
repealed, and the provisions of law amended by such section are 
hereby restored to appear as if such section had not been enacted 
into law. 
7 USC 1508 and 
note. 
42 USC 6241 
note. 
12 USC 289 note. 
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129 STAT. 1741 
PUBLIC LAW 114–94—DEC. 4, 2015 
Subtitle C—Outlays 
SEC. 32301. INTEREST ON OVERPAYMENT. 
Section 111 of the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1721) is amended— 
(1) by striking subsections (h) and (i); 
(2) by redesignating subsections (j) through (l) as sub-
sections (h) through (j), respectively; and 
(3) in subsection (h) (as so redesignated), by striking the 
fourth sentence. 
Subtitle D—Budgetary Effects 
SEC. 32401. BUDGETARY EFFECTS. 
The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statu-
tory Pay-As-You-Go Act of 2010. 
DIVISION D—MISCELLANEOUS 
TITLE XLI—FEDERAL PERMITTING 
IMPROVEMENT 
SEC. 41001. DEFINITIONS. 
In this title: 
(1) AGENCY.—The term ‘‘agency’’ has the meaning given 
the term in section 551 of title 5, United States Code. 
(2) AGENCY CERPO.—The term ‘‘agency CERPO’’ means the 
chief environmental review and permitting officer of an agency, 
as designated by the head of the agency under section 
41002(b)(2)(A)(iii)(I). 
(3) AUTHORIZATION.—The term ‘‘authorization’’ means any 
license, permit, approval, finding, determination, or other 
administrative decision issued by an agency that is required 
or authorized under Federal law in order to site, construct, 
reconstruct, or commence operations of a covered project 
administered by a Federal agency or, in the case of a State 
that chooses to participate in the environmental review and 
authorization process in accordance with section 41003(c)(3)(A), 
a State agency. 
(4) COOPERATING AGENCY.—The term ‘‘cooperating agency’’ 
means any agency with— 
(A) jurisdiction under Federal law; or 
(B) special expertise as described in section 1501.6 
of title 40, Code of Federal Regulations (as in effect on 
the date of enactment of this Act). 
(5) COUNCIL.—The term ‘‘Council’’ means the Federal Infra-
structure Permitting Improvement Steering Council established 
under section 41002(a). 
(6) COVERED PROJECT.— 
(A) IN GENERAL.—The term ‘‘covered project’’ means 
any activity in the United States that requires authoriza-
tion or environmental review by a Federal agency involving 
42 USC 4370m 
note. 
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129 STAT. 1742 
PUBLIC LAW 114–94—DEC. 4, 2015 
construction of infrastructure for renewable or conventional 
energy 
production, 
electricity 
transmission, 
surface 
transportation, aviation, ports and waterways, water 
resource projects, broadband, pipelines, manufacturing, or 
any other sector as determined by a majority vote of the 
Council that— 
(i)(I) is subject to NEPA; 
(II) is likely to require a total investment of more 
than $200,000,000; and 
(III) does not qualify for abbreviated authorization 
or 
environmental 
review 
processes 
under 
any 
applicable law; or 
(ii) is subject to NEPA and the size and complexity 
of which, in the opinion of the Council, make the 
project likely to benefit from enhanced oversight and 
coordination, including a project likely to require— 
(I) authorization from or environmental review 
involving more than 2 Federal agencies; or 
(II) the preparation of an environmental 
impact statement under NEPA. 
(B) EXCLUSION.—The term ‘‘covered project’’ does not 
include— 
(i) any project subject to section 139 of title 23, 
United States Code; or 
(ii) any project subject to section 2045 of the Water 
Resources Development Act of 2007 (33 U.S.C. 2348). 
(7) DASHBOARD.—The term ‘‘Dashboard’’ means the Permit-
ting Dashboard required under section 41003(b). 
(8) ENVIRONMENTAL
ASSESSMENT.—The term ‘‘environ-
mental assessment’’ means a concise public document for which 
a Federal agency is responsible under section 1508.9 of title 
40, Code of Federal Regulations (or successor regulations). 
(9) ENVIRONMENTAL DOCUMENT.— 
(A) IN GENERAL.—The term ‘‘environmental document’’ 
means an environmental assessment, finding of no signifi-
cant impact, notice of intent, environmental impact state-
ment, or record of decision. 
(B) INCLUSIONS.—The term ‘‘environmental document’’ 
includes— 
(i) any document that is a supplement to a docu-
ment described in subparagraph (A); and 
(ii) a document prepared pursuant to a court order. 
(10) 
ENVIRONMENTAL
IMPACT
STATEMENT.—The 
term 
‘‘environmental impact statement’’ means the detailed written 
statement required under section 102(2)(C) of NEPA. 
(11) ENVIRONMENTAL REVIEW.—The term ‘‘environmental 
review’’ means the agency procedures and processes for 
applying a categorical exclusion or for preparing an environ-
mental assessment, an environmental impact statement, or 
other document required under NEPA. 
(12) EXECUTIVE DIRECTOR.—The term ‘‘Executive Director’’ 
means the Executive Director appointed by the President under 
section 41002(b)(1)(A). 
(13) FACILITATING AGENCY.—The term ‘‘facilitating agency’’ 
means the agency that receives the initial notification from 
the project sponsor required under section 41003(a). 
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129 STAT. 1743 
PUBLIC LAW 114–94—DEC. 4, 2015 
(14) INVENTORY.—The term ‘‘inventory’’ means the inven-
tory of covered projects established by the Executive Director 
under section 41002(c)(1)(A). 
(15) LEAD AGENCY.—The term ‘‘lead agency’’ means the 
agency with principal responsibility for an environmental 
review of a covered project under NEPA and parts 1500 through 
1508 of title 40, Code of Federal Regulations (or successor 
regulations). 
(16) NEPA.—The term ‘‘NEPA’’ means the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(17) PARTICIPATING
AGENCY.—The term ‘‘participating 
agency’’ means an agency participating in an environmental 
review or authorization for a covered project in accordance 
with section 41003. 
(18) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means 
an entity, including any private, public, or public-private entity, 
seeking an authorization for a covered project. 
SEC. 41002. FEDERAL PERMITTING IMPROVEMENT COUNCIL. 
(a) ESTABLISHMENT.—There is established the Federal Permit-
ting Improvement Steering Council. 
(b) COMPOSITION.— 
(1) CHAIR.—The Executive Director shall— 
(A) be appointed by the President; and 
(B) serve as Chair of the Council. 
(2) COUNCIL MEMBERS.— 
(A) IN GENERAL.— 
(i) DESIGNATION BY HEAD OF AGENCY.—Each indi-
vidual listed in subparagraph (B) shall designate a 
member of the agency in which the individual serves 
to serve on the Council. 
(ii) QUALIFICATIONS.—A councilmem-ber described 
in clause (i) shall hold a position in the agency of 
deputy secretary (or the equivalent) or higher. 
(iii) SUPPORT.— 
(I) IN
GENERAL.—Consistent with guidance 
provided by the Director of the Office of Manage-
ment and Budget, each individual listed in 
subparagraph (B) shall designate 1 or more appro-
priate members of the agency in which the indi-
vidual serves to serve as an agency CERPO. 
(II) REPORTING.—In carrying out the duties 
of the agency CERPO under this title, an agency 
CERPO shall report directly to a deputy secretary 
(or the equivalent) or higher. 
(B) HEADS OF AGENCIES.—The individuals that shall 
each designate a councilmember under this subparagraph 
are as follows: 
(i) The Secretary of Agriculture. 
(ii) The Secretary of the Army. 
(iii) The Secretary of Commerce. 
(iv) The Secretary of the Interior. 
(v) The Secretary of Energy. 
(vi) The Secretary of Transportation. 
(vii) The Secretary of Defense. 
(viii) The Administrator of the Environmental 
Protection Agency. 
42 USC 437m–1. 
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129 STAT. 1744 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ix) The Chairman of the Federal Energy Regu-
latory Commission. 
(x) The Chairman of the Nuclear Regulatory 
Commission. 
(xi) The Secretary of Homeland Security. 
(xii) The Secretary of Housing and Urban Develop-
ment. 
(xiii) The Chairman of the Advisory Council on 
Historic Preservation. 
(xiv) Any other head of a Federal agency that 
the Executive Director may invite to participate as 
a member of the Council. 
(3) ADDITIONAL
MEMBERS.—In addition to the members 
listed in paragraphs (1) and (2), the Chairman of the Council 
on Environmental Quality and the Director of the Office of 
Management and Budget shall also be members of the Council. 
(c) DUTIES.— 
(1) EXECUTIVE DIRECTOR.— 
(A) 
INVENTORY
DEVELOPMENT.—The 
Executive 
Director, in consultation with the Council, shall— 
(i) not later than 180 days after the date of enact-
ment of this Act, establish an inventory of covered 
projects that are pending the environmental review 
or authorization of the head of any Federal agency; 
(ii)(I) categorize the projects in the inventory as 
appropriate, based on sector and project type; and 
(II) for each category, identify the types of environ-
mental reviews and authorizations most commonly 
involved; and 
(iii) add a covered project to the inventory after 
receiving a notice described in section 41003(a)(1). 
(B) FACILITATING AGENCY DESIGNATION.—The Execu-
tive Director, in consultation with the Council, shall— 
(i) designate a facilitating agency for each category 
of covered projects described in subparagraph (A)(ii); 
and 
(ii) publish the list of designated facilitating agen-
cies for each category of projects in the inventory on 
the Dashboard in an easily accessible format. 
(C) PERFORMANCE SCHEDULES.— 
(i) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Executive Director, 
in consultation with the Council, shall develop rec-
ommended performance schedules, including inter-
mediate and final completion dates, for environmental 
reviews and authorizations most commonly required 
for each category of covered projects described in 
subparagraph (A)(ii). 
(ii) REQUIREMENTS.— 
(I) IN GENERAL.—The performance schedules 
shall reflect employment of the use of the most 
efficient applicable processes, including the align-
ment of Federal reviews of projects and reduction 
of permitting and project delivery time. 
(II) LIMIT.— 
(aa) IN
GENERAL.—The final completion 
dates in any performance schedule for the 
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129 STAT. 1745 
PUBLIC LAW 114–94—DEC. 4, 2015 
completion of an environmental review or 
authorization under clause (i) shall not exceed 
the average time to complete an environ-
mental review or authorization for a project 
within that category. 
(bb) CALCULATION OF AVERAGE TIME.—The 
average time referred to in item (aa) shall 
be calculated on the basis of data from the 
preceding 2 calendar years and shall run from 
the period beginning on the date on which 
the Executive Director must make a specific 
entry for the project on the Dashboard under 
section 41003(b)(2) (except that, for projects 
initiated before that duty takes effect, the 
period beginning on the date of filing of a 
completed application), and ending on the date 
of the issuance of a record of decision or other 
final agency action on the review or authoriza-
tion. 
(cc) COMPLETION
DATE.—Each perform-
ance schedule shall specify that any decision 
by an agency on an environmental review or 
authorization must be issued not later than 
180 days after the date on which all informa-
tion needed to complete the review or 
authorization (including any hearing that an 
agency holds on the matter) is in the posses-
sion of the agency. 
(iii) REVIEW AND REVISION.—Not later than 2 years 
after the date on which the performance schedules 
are established under this subparagraph, and not less 
frequently than once every 2 years thereafter, the 
Executive Director, in consultation with the Council, 
shall review and revise the performance schedules. 
(D) GUIDANCE.—The Executive Director, in consulta-
tion with the Council, may recommend to the Director 
of the Office of Management and Budget or to the Council 
on Environmental Quality, as appropriate, that guidance 
be issued as necessary for agencies— 
(i) to carry out responsibilities under this title; 
and 
(ii) to effectuate the adoption by agencies of the 
best practices and recommendations of the Council 
described in paragraph (2). 
(2) COUNCIL.— 
(A) RECOMMENDATIONS.— 
(i) IN
GENERAL.—The Council shall make rec-
ommendations to the Executive Director with respect 
to the designations under paragraph (1)(B) and the 
performance schedules under paragraph (1)(C). 
(ii) UPDATE.—The Council may update the rec-
ommendations described in clause (i). 
(B) BEST PRACTICES.—Not later than 1 year after the 
date of enactment of this Act, and not less frequently 
than annually thereafter, the Council shall issue rec-
ommendations on the best practices for— 
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129 STAT. 1746 
PUBLIC LAW 114–94—DEC. 4, 2015 
(i) 
enhancing 
early 
stakeholder 
engagement, 
including fully considering and, as appropriate, incor-
porating recommendations provided in public com-
ments on any proposed covered project; 
(ii) ensuring timely decisions regarding environ-
mental reviews and authorizations, including through 
the development of performance metrics; 
(iii) improving coordination between Federal and 
non-Federal governmental entities, including through 
the development of common data standards and termi-
nology across agencies; 
(iv) increasing transparency; 
(v) reducing information collection requirements 
and other administrative burdens on agencies, project 
sponsors, and other interested parties; 
(vi) developing and making available to applicants 
appropriate geographic information systems and other 
tools; 
(vii) creating and distributing training materials 
useful to Federal, State, tribal, and local permitting 
officials; and 
(viii) addressing other aspects of infrastructure 
permitting, as determined by the Council. 
(C) MEETINGS.—The Council shall meet not less fre-
quently than annually with groups or individuals rep-
resenting State, tribal, and local governments that are 
engaged in the infrastructure permitting process. 
(3) AGENCY CERPOS.—An agency CERPO shall— 
(A) advise the respective agency councilmember on 
matters related to environmental reviews and authoriza-
tions; 
(B) provide technical support, when requested to facili-
tate efficient and timely processes for environmental 
reviews and authorizations for covered projects under the 
jurisdictional responsibility of the agency, including sup-
porting timely identification and resolution of potential 
disputes within the agency or between the agency and 
other Federal agencies; 
(C) 
analyze 
agency 
environmental 
review 
and 
authorization processes, policies, and authorities and make 
recommendations to the respective agency councilmember 
for ways to standardize, simplify, and improve the efficiency 
of the processes, policies, and authorities, including by 
implementing guidance issued under paragraph (1)(D) and 
other best practices, including the use of information tech-
nology and geographic information system tools within the 
agency and across agencies, to the extent consistent with 
existing law; and 
(D) review and develop training programs for agency 
staff that support and conduct environmental reviews or 
authorizations. 
(d) ADMINISTRATIVE SUPPORT.—The Director of the Office of 
Management and Budget shall designate a Federal agency, other 
than an agency that carries out or provides support only for projects 
that are not covered projects, to provide administrative support 
for the Executive Director, and the designated agency shall, as 
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129 STAT. 1747 
PUBLIC LAW 114–94—DEC. 4, 2015 
reasonably necessary, provide support and staff to enable the Execu-
tive Director to fulfill the duties of the Executive Director under 
this title. 
SEC. 41003. PERMITTING PROCESS IMPROVEMENT. 
(a) PROJECT INITIATION AND DESIGNATION OF PARTICIPATING 
AGENCIES.— 
(1) NOTICE.— 
(A) IN GENERAL.—A project sponsor of a covered project 
shall submit to the Executive Director and the facilitating 
agency notice of the initiation of a proposed covered project. 
(B) DEFAULT DESIGNATION.—If, at the time of submis-
sion of the notice under subparagraph (A), the Executive 
Director has not designated a facilitating agency under 
section 41002(c)(1)(B) for the categories of projects noticed, 
the agency that receives the notice under subparagraph 
(A) shall be designated as the facilitating agency. 
(C) CONTENTS.—Each notice described in subparagraph 
(A) shall include— 
(i) a statement of the purposes and objectives of 
the proposed project; 
(ii) a concise description, including the general 
location of the proposed project and a summary of 
geospatial information, if available, illustrating the 
project area and the locations, if any, of environmental, 
cultural, and historic resources; 
(iii) a statement regarding the technical and finan-
cial ability of the project sponsor to construct the pro-
posed project; 
(iv) a statement of any Federal financing, environ-
mental reviews, and authorizations anticipated to be 
required to complete the proposed project; and 
(v) an assessment that the proposed project meets 
the definition of a covered project under section 41001 
and a statement of reasons supporting the assessment. 
(2) INVITATION.— 
(A) IN GENERAL.—Not later than 45 days after the 
date on which the Executive Director must make a specific 
entry for the project on the Dashboard under subsection 
(b)(2)(A), the facilitating agency or lead agency, as 
applicable, shall— 
(i) identify all Federal and non-Federal agencies 
and governmental entities likely to have financing, 
environmental review, authorization, or other respon-
sibilities with respect to the proposed project; and 
(ii) invite all Federal agencies identified under 
clause (i) to become a participating agency or a cooper-
ating agency, as appropriate, in the environmental 
review 
and 
authorization 
management 
process 
described in section 41005. 
(B) DEADLINES.—Each invitation made under subpara-
graph (A) shall include a deadline for a response to be 
submitted to the facilitating or lead agency, as applicable. 
(3) PARTICIPATING AND COOPERATING AGENCIES.— 
(A) IN GENERAL.—An agency invited under paragraph 
(2) shall be designated as a participating or cooperating 
agency for a covered project, unless the agency informs 
42 USC 
4370m–2. 
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129 STAT. 1748 
PUBLIC LAW 114–94—DEC. 4, 2015 
the facilitating or lead agency, as applicable, in writing 
before the deadline under paragraph (2)(B) that the 
agency— 
(i) has no jurisdiction or authority with respect 
to the proposed project; or 
(ii) does not intend to exercise authority related 
to, or submit comments on, the proposed project. 
(B) CHANGED
CIRCUMSTANCES.—On request and a 
showing of changed circumstances, the Executive Director 
may designate an agency that has opted out under subpara-
graph (A)(ii) to be a participating or cooperating agency, 
as appropriate. 
(4) EFFECT
OF
DESIGNATION.—The designation described 
in paragraph (3) shall not— 
(A) give the participating agency authority or jurisdic-
tion over the covered project; or 
(B) expand any jurisdiction or authority a cooperating 
agency may have over the proposed project. 
(5) LEAD AGENCY DESIGNATION.— 
(A) IN GENERAL.—On establishment of the lead agency, 
the lead agency shall assume the responsibilities of the 
facilitating agency under this title. 
(B) REDESIGNATION OF FACILITATING AGENCY.—If the 
lead agency assumes the responsibilities of the facilitating 
agency under subparagraph (A), the facilitating agency may 
be designated as a cooperative or participating agency. 
(6) CHANGE OF FACILITATING OR LEAD AGENCY.— 
(A) IN GENERAL.—On the request of a participating 
agency or project sponsor, the Executive Director may des-
ignate a different agency as the facilitating or lead agency, 
as applicable, for a covered project, if the facilitating or 
lead agency or the Executive Director receives new informa-
tion regarding the scope or nature of a covered project 
that indicates that the project should be placed in a dif-
ferent category under section 41002(c)(1)(B). 
(B) RESOLUTION OF DISPUTE.—The Chairman of the 
Council on Environmental Quality shall resolve any dispute 
over designation of a facilitating or lead agency for a par-
ticular covered project. 
(b) PERMITTING DASHBOARD.— 
(1) REQUIREMENT TO MAINTAIN.— 
(A) IN GENERAL.—The Executive Director, in coordina-
tion with the Administrator of General Services, shall 
maintain an online database to be known as the ‘‘Permit-
ting Dashboard’’ to track the status of Federal environ-
mental reviews and authorizations for any covered project 
in the inventory described in section 41002(c)(1)(A). 
(B) SPECIFIC AND SEARCHABLE ENTRY.—The Dashboard 
shall include a specific and searchable entry for each cov-
ered project. 
(2) ADDITIONS.— 
(A) IN GENERAL.— 
(i) EXISTING PROJECTS.—Not later than 14 days 
after the date on which the Executive Director adds 
a project to the inventory under section 41002(c)(1)(A), 
the Executive Director shall create a specific entry 
on the Dashboard for the covered project. 
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129 STAT. 1749 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) NEW PROJECTS.—Not later than 14 days after 
the date on which the Executive Director receives a 
notice under subsection (a)(1), the Executive Director 
shall create a specific entry on the Dashboard for the 
covered project, unless the Executive Director, facili-
tating agency, or lead agency, as applicable, determines 
that the project is not a covered project. 
(B) EXPLANATION.—If the facilitating agency or lead 
agency, as applicable, determines that the project is not 
a covered project, the project sponsor may submit a further 
explanation as to why the project is a covered project 
not later than 14 days after the date of the determination 
under subparagraph (A). 
(C) FINAL DETERMINATION.—Not later than 14 days 
after receiving an explanation described in subparagraph 
(B), the Executive Director shall— 
(i) make a final and conclusive determination as 
to whether the project is a covered project; and 
(ii) if the Executive Director determines that the 
project is a covered project, create a specific entry 
on the Dashboard for the covered project. 
(3) POSTINGS BY AGENCIES.— 
(A) IN GENERAL.—For each covered project added to 
the Dashboard under paragraph (2), the facilitating or lead 
agency, as applicable, and each cooperating and partici-
pating agency shall post to the Dashboard— 
(i) a hyperlink that directs to a website that con-
tains, to the extent consistent with applicable law— 
(I) the notification submitted under subsection 
(a)(1); 
(II)(aa) where practicable, the application and 
supporting documents, if applicable, that have 
been submitted by a project sponsor for any 
required environmental review or authorization; 
or 
(bb) a notice explaining how the public may 
obtain access to such documents; 
(III) a description of any Federal agency action 
taken or decision made that materially affects the 
status of a covered project; 
(IV) any significant document that supports 
the action or decision described in subclause (III); 
and 
(V) a description of the status of any litigation 
to which the agency is a party that is directly 
related to the project, including, if practicable, any 
judicial document made available on an electronic 
docket maintained by a Federal, State, or local 
court; and 
(ii) any document described in clause (i) that is 
not available by hyperlink on another website. 
(B) DEADLINE.—The information described in subpara-
graph (A) shall be posted to the website made available 
by hyperlink on the Dashboard not later than 5 business 
days after the date on which the Federal agency receives 
the information. 
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129 STAT. 1750 
PUBLIC LAW 114–94—DEC. 4, 2015 
(4) POSTINGS BY THE EXECUTIVE DIRECTOR.—The Executive 
Director shall publish to the Dashboard— 
(A) 
the 
permitting 
timetable 
established 
under 
subparagraph (A) or (C) of subsection (c)(2); 
(B) the status of the compliance of each agency with 
the permitting timetable; 
(C) any modifications of the permitting timetable; 
(D) an explanation of each modification described in 
subparagraph (C); and 
(E) any memorandum of understanding established 
under subsection (c)(3)(B). 
(c) COORDINATION AND TIMETABLES.— 
(1) COORDINATED PROJECT PLAN.— 
(A) IN GENERAL.—Not later than 60 days after the 
date on which the Executive Director must make a specific 
entry for the project on the Dashboard under subsection 
(b)(2)(A), the facilitating or lead agency, as applicable, in 
consultation with each coordinating and participating 
agency, shall establish a concise plan for coordinating 
public and agency participation in, and completion of, any 
required Federal environmental review and authorization 
for the project. 
(B) REQUIRED INFORMATION.—The Coordinated Project 
Plan shall include the following information and be updated 
by the facilitating or lead agency, as applicable, at least 
once per quarter: 
(i) A list of, and roles and responsibilities for, 
all entities with environmental review or authorization 
responsibility for the project. 
(ii) A permitting timetable, as described in para-
graph (2), setting forth a comprehensive schedule of 
dates by which all environmental reviews and 
authorizations, and to the maximum extent practicable, 
State permits, reviews and approvals must be made. 
(iii) A discussion of potential avoidance, minimiza-
tion, and mitigation strategies, if required by applicable 
law and known. 
(iv) Plans and a schedule for public and tribal 
outreach and coordination, to the extent required by 
applicable law. 
(C) MEMORANDUM
OF
UNDERSTANDING.—The coordi-
nated project plan described in subparagraph (A) may be 
incorporated into a memorandum of understanding. 
(2) PERMITTING TIMETABLE.— 
(A) ESTABLISHMENT.—As part of the coordination 
project plan under paragraph (1), the facilitating or lead 
agency, as applicable, in consultation with each cooperating 
and participating agency, the project sponsor, and any State 
in which the project is located, and, subject to subparagraph 
(C), with the concurrence of each cooperating agency, shall 
establish a permitting timetable that includes intermediate 
and final completion dates for action by each participating 
agency on any Federal environmental review or authoriza-
tion required for the project. 
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129 STAT. 1751 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) FACTORS FOR CONSIDERATION.—In establishing the 
permitting timetable under subparagraph (A), the facili-
tating or lead agency shall follow the performance sched-
ules established under section 41002(c)(1)(C), but may vary 
the timetable based on relevant factors, including— 
(i) the size and complexity of the covered project; 
(ii) the resources available to each participating 
agency; 
(iii) the regional or national economic significance 
of the project; 
(iv) the sensitivity of the natural or historic 
resources that may be affected by the project; 
(v) the financing plan for the project; and 
(vi) the extent to which similar projects in 
geographic proximity to the project were recently sub-
ject to environmental review or similar procedures 
under State law. 
(C) DISPUTE RESOLUTION.— 
(i) IN GENERAL.—The Executive Director, in con-
sultation with appropriate agency CERPOs and the 
project sponsor, shall, as necessary, mediate any dis-
putes regarding the permitting timetable referred to 
under subparagraph (A). 
(ii) DISPUTES.—If a dispute remains unresolved 
30 days after the date on which the dispute was sub-
mitted to the Executive Director, the Director of the 
Office of Management and Budget, in consultation with 
the Chairman of the Council on Environmental 
Quality, shall facilitate a resolution of the dispute and 
direct the agencies party to the dispute to resolve 
the dispute by the end of the 60-day period beginning 
on the date of submission of the dispute to the Execu-
tive Director. 
(iii) FINAL RESOLUTION.—Any action taken by the 
Director of the Office of Management and Budget in 
the resolution of a dispute under clause (ii) shall— 
(I) be final and conclusive; and 
(II) not be subject to judicial review. 
(D) MODIFICATION AFTER APPROVAL.— 
(i) IN GENERAL.—The facilitating or lead agency, 
as applicable, may modify a permitting timetable estab-
lished under subparagraph (A) only if— 
(I) 
the 
facilitating 
or 
lead 
agency, 
as 
applicable, and the affected cooperating agencies, 
after consultation with the participating agencies 
and the project sponsor, agree to a different 
completion date; 
(II) the facilitating agency or lead agency, as 
applicable, or the affected cooperating agency pro-
vides a written justification for the modification; 
and 
(III) in the case of a modification that would 
necessitate an extension of a final completion date 
under a permitting timetable established under 
subparagraph (A) to a date more than 30 days 
after the final completion date originally estab-
lished under subparagraph (A), the facilitating or 
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129 STAT. 1752 
PUBLIC LAW 114–94—DEC. 4, 2015 
lead agency submits a request to modify the 
permitting timetable to the Executive Director, 
who shall consult with the project sponsor and 
make a determination on the record, based on 
consideration of the relevant factors described 
under subparagraph (B), whether to grant the 
facilitating or lead agency, as applicable, authority 
to make such modification. 
(ii) COMPLETION DATE.—A completion date in the 
permitting timetable may not be modified within 30 
days of the completion date. 
(iii) LIMITATION ON LENGTH OF MODIFICATIONS.— 
(I) IN GENERAL.—Except as provided in sub-
clause (II), the total length of all modifications 
to a permitting timetable authorized or made 
under this subparagraph, other than for reasons 
outside the control of Federal, State, local, or tribal 
governments, may not extend the permitting time-
table for a period of time greater than half of 
the amount of time from the establishment of the 
permitting timetable under subparagraph (A) to 
the last final completion date originally established 
under subparagraph (A). 
(II) ADDITIONAL EXTENSIONS.—The Director of 
the Office of Management and Budget, after con-
sultation with the project sponsor, may permit the 
Executive Director to authorize additional exten-
sions of a permitting timetable beyond the limit 
prescribed by subclause (I). In such a case, the 
Director of the Office of Management and Budget 
shall transmit, not later than 5 days after making 
a determination to permit an authorization of 
extension under this subclause, a report to Con-
gress explaining why such modification is required. 
Such report shall explain to Congress with speci-
ficity why the original permitting timetable and 
the modifications authorized by the Executive 
Director failed to be adequate. The lead or facili-
tating agency, as applicable, shall transmit to Con-
gress, the Director of the Office of Management 
and Budget, and the Executive Director a supple-
mental report on progress toward the final comple-
tion date each year thereafter, until the permit 
review is completed or the project sponsor with-
draws its notice or application or other request 
to which this title applies under section 41010. 
(iv) LIMITATION
ON
JUDICIAL
REVIEW.—The fol-
lowing shall not be subject to judicial review: 
(I) A determination by the Executive Director 
under clause (i)(III). 
(II) A determination under clause (iii)(II) by 
the Director of the Office of Management and 
Budget to permit the Executive Director to 
authorize extensions of a permitting timetable. 
(E) CONSISTENCY
WITH
OTHER
TIME
PERIODS.—A 
permitting timetable established under subparagraph (A) 
shall be consistent with any other relevant time periods 
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129 STAT. 1753 
PUBLIC LAW 114–94—DEC. 4, 2015 
established under Federal law and shall not prevent any 
cooperating or participating agency from discharging any 
obligation under Federal law in connection with the project. 
(F) CONFORMING TO PERMITTING TIMETABLES.— 
(i) IN GENERAL.—Each Federal agency shall con-
form to the completion dates set forth in the permitting 
timetable established under subparagraph (A), or with 
any completion date modified under subparagraph (D). 
(ii) FAILURE
TO
CONFORM.—If a Federal agency 
fails to conform with a completion date for agency 
action on a covered project or is at significant risk 
of failing to conform with such a completion date, 
the agency shall— 
(I) promptly submit to the Executive Director 
for publication on the Dashboard an explanation 
of the specific reasons for failing or significantly 
risking failing to conform to the completion date 
and a proposal for an alternative completion date; 
(II) in consultation with the facilitating or lead 
agency, as applicable, establish an alternative 
completion date; and 
(III) each month thereafter until the agency 
has taken final action on the delayed authorization 
or review, submit to the Executive Director for 
posting 
on 
the 
Dashboard 
a 
status 
report 
describing any agency activity related to the 
project. 
(G) ABANDONMENT OF COVERED PROJECT.— 
(i) IN GENERAL.—If the facilitating or lead agency, 
as applicable, has a reasonable basis to doubt the 
continuing technical or financial ability of the project 
sponsor to construct the covered project, the facilitating 
or lead agency may request the project sponsor provide 
an updated statement regarding the ability of the 
project sponsor to complete the project. 
(ii) FAILURE TO RESPOND.—If the project sponsor 
fails to respond to a request described in clause (i) 
by the date that is 30 days after receiving the request, 
the lead or facilitating agency, as applicable, shall 
notify the Executive Director, who shall publish an 
appropriate notice on the Dashboard. 
(iii) PUBLICATION TO DASHBOARD.—On publication 
of a notice under clause (ii), the completion dates in 
the permitting timetable shall be tolled and agencies 
shall be relieved of the obligation to comply with 
subparagraph (F) until such time as the project sponsor 
submits to the facilitating or lead agency, as applicable, 
an updated statement regarding the technical and 
financial ability of the project sponsor to construct 
the project. 
(3) COOPERATING STATE, LOCAL, OR TRIBAL GOVERNMENTS.— 
(A) STATE AUTHORITY.—If the Federal environmental 
review is being implemented within the boundaries of a 
State, the State, consistent with State law, may choose 
to participate in the environmental review and authoriza-
tion process under this subsection and to make subject 
to the process all State agencies that— 
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129 STAT. 1754 
PUBLIC LAW 114–94—DEC. 4, 2015 
(i) have jurisdiction over the covered project; 
(ii) are required to conduct or issue a review, anal-
ysis, opinion, or statement for the covered project; or 
(iii) are required to make a determination on 
issuing a permit, license, or other approval or decision 
for the covered project. 
(B) COORDINATION.—To the maximum extent prac-
ticable under applicable law, the facilitating or lead agency, 
as applicable, shall coordinate the Federal environmental 
review and authorization processes under this subsection 
with any State, local, or tribal agency responsible for con-
ducting any separate review or authorization of the covered 
project to ensure timely and efficient completion of environ-
mental reviews and authorizations. 
(C) MEMORANDUM OF UNDERSTANDING.— 
(i) IN GENERAL.—Any coordination plan between 
the facilitating or lead agency, as applicable, and any 
State, local, or tribal agency shall, to the maximum 
extent practicable, be included in a memorandum of 
understanding. 
(ii) SUBMISSION
TO
EXECUTIVE
DIRECTOR.—The 
facilitating or lead agency, as applicable, shall submit 
to the Executive Director each memorandum of under-
standing described in clause (i). 
(D) APPLICABILITY.—The requirements under this title 
shall only apply to a State or an authorization issued 
by a State if the State has chosen to participate in the 
environmental review and authorization process pursuant 
to this paragraph. 
(d) EARLY CONSULTATION.—The facilitating or lead agency, as 
applicable, shall provide an expeditious process for project sponsors 
to confer with each cooperating and participating agency involved 
and, not later than 60 days after the date on which the project 
sponsor submits a request under this subsection, to have each 
such agency provide to the project sponsor information concerning— 
(1) the availability of information and tools, including pre- 
application toolkits, to facilitate early planning efforts; 
(2) key issues of concern to each agency and to the public; 
and 
(3) issues that must be addressed before an environmental 
review or authorization can be completed. 
(e) COOPERATING AGENCY.— 
(1) IN GENERAL.—A lead agency may designate a partici-
pating agency as a cooperating agency in accordance with part 
1501 of title 40, Code of Federal Regulations (or successor 
regulations). 
(2) EFFECT
ON
OTHER
DESIGNATION.—The designation 
described in paragraph (1) shall not affect any designation 
under subsection (a)(3). 
(3) LIMITATION
ON
DESIGNATION.—Any agency not des-
ignated as a participating agency under subsection (a)(3) shall 
not be designated as a cooperating agency under paragraph 
(1). 
(f) REPORTING STATUS OF OTHER PROJECTS ON DASHBOARD.— 
(1) IN GENERAL.—On request of the Executive Director, 
the Secretary and the Secretary of the Army shall use best 
efforts to provide information for inclusion on the Dashboard 
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129 STAT. 1755 
PUBLIC LAW 114–94—DEC. 4, 2015 
on projects subject to section 139 of title 23, United States 
Code, and section 2045 of the Water Resources Development 
Act of 2007 (33 U.S.C. 2348) likely to require— 
(A) a total investment of more than $200,000,000; and 
(B) an environmental impact statement under NEPA. 
(2) EFFECT
OF
INCLUSION
ON
DASHBOARD.—Inclusion on 
the Dashboard of information regarding projects subject to sec-
tion 139 of title 23, United States Code, or section 2045 of 
the Water Resources Development Act of 2007 (33 U.S.C. 2348) 
shall not subject those projects to any requirements of this 
title. 
SEC. 41004. INTERSTATE COMPACTS. 
(a) IN GENERAL.—The consent of Congress is given for 3 or 
more contiguous States to enter into an interstate compact estab-
lishing regional infrastructure development agencies to facilitate 
authorization and review of covered projects, under State law or 
in the exercise of delegated permitting authority described under 
section 41006, that will advance infrastructure development, 
production, and generation within the States that are parties to 
the compact. 
(b) REGIONAL INFRASTRUCTURE.—For the purpose of this title, 
a regional infrastructure development agency referred to in sub-
section (a) shall have the same authorities and responsibilities 
of a State agency. 
SEC. 41005. COORDINATION OF REQUIRED REVIEWS. 
(a) 
CONCURRENT
REVIEWS.—To 
integrate 
environmental 
reviews and authorizations, each agency shall, to the maximum 
extent practicable— 
(1) carry out the obligations of the agency with respect 
to a covered project under any other applicable law concur-
rently, and in conjunction with, other environmental reviews 
and authorizations being conducted by other cooperating or 
participating agencies, including environmental reviews and 
authorizations required under NEPA, unless the agency deter-
mines that doing so would impair the ability of the agency 
to carry out the statutory obligations of the agency; and 
(2) formulate and implement administrative, policy, and 
procedural mechanisms to enable the agency to ensure comple-
tion of the environmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
(b) ADOPTION, INCORPORATION
BY REFERENCE, AND USE
OF 
DOCUMENTS.— 
(1) STATE
ENVIRONMENTAL
DOCUMENTS; SUPPLEMENTAL 
DOCUMENTS.— 
(A) USE OF EXISTING DOCUMENTS.— 
(i) IN
GENERAL.—On the request of a project 
sponsor, a lead agency shall consider and, as appro-
priate, adopt or incorporate by reference, the analysis 
and documentation that has been prepared for a cov-
ered project under State laws and procedures as the 
documentation, or part of the documentation, required 
to complete an environmental review for the covered 
project, if the analysis and documentation were, as 
determined by the lead agency in consultation with 
the Council on Environmental Quality, prepared under 
circumstances that allowed for opportunities for public 
42 USC 
4370m–4. 
42 USC 
4370m–3. 
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129 STAT. 1756 
PUBLIC LAW 114–94—DEC. 4, 2015 
participation 
and 
consideration 
of 
alternatives, 
environmental consequences, and other required anal-
yses that are substantially equivalent to what would 
have been available had the documents and analysis 
been prepared by a Federal agency pursuant to NEPA. 
(ii) GUIDANCE BY CEQ.—The Council on Environ-
mental Quality may issue guidance to carry out this 
subsection. 
(B) NEPA OBLIGATIONS.—An environmental document 
adopted under subparagraph (A) or a document that 
includes documentation incorporated under subparagraph 
(A) may serve as the documentation required for an 
environmental review or a supplemental environmental 
review required to be prepared by a lead agency under 
NEPA. 
(C) SUPPLEMENTATION OF STATE DOCUMENTS.—If the 
lead agency adopts or incorporates analysis and documenta-
tion described in subparagraph (A), the lead agency shall 
prepare and publish a supplemental document if the lead 
agency determines that during the period after preparation 
of the analysis and documentation and before the adoption 
or incorporation— 
(i) a significant change has been made to the cov-
ered project that is relevant for purposes of environ-
mental review of the project; or 
(ii) there has been a significant circumstance or 
new information has emerged that is relevant to the 
environmental review for the covered project. 
(D) COMMENTS.—If a lead agency prepares and pub-
lishes a supplemental document under subparagraph (C), 
the lead agency shall solicit comments from other agencies 
and the public on the supplemental document for a period 
of not more than 45 days, beginning on the date on which 
the supplemental document is published, unless— 
(i) the lead agency, the project sponsor, and any 
cooperating agency agree to a longer deadline; or 
(ii) the lead agency extends the deadline for good 
cause. 
(E) NOTICE OF OUTCOME OF ENVIRONMENTAL REVIEW.— 
A lead agency shall issue a record of decision or finding 
of no significant impact, as appropriate, based on the docu-
ment adopted under subparagraph (A) and any supple-
mental document prepared under subparagraph (C). 
(c) ALTERNATIVES ANALYSIS.— 
(1) PARTICIPATION.— 
(A) IN GENERAL.—As early as practicable during the 
environmental review, but not later than the commence-
ment of scoping for a project requiring the preparation 
of an environmental impact statement, the lead agency 
shall engage the cooperating agencies and the public to 
determine the range of reasonable alternatives to be consid-
ered for a covered project. 
(B) 
DETERMINATION.—The 
determination 
under 
subparagraph (A) shall be completed not later than the 
completion of scoping. 
(2) RANGE OF ALTERNATIVES.— 
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129 STAT. 1757 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) IN GENERAL.—Following participation under para-
graph (1) and subject to subparagraph (B), the lead agency 
shall determine the range of reasonable alternatives for 
consideration in any document that the lead agency is 
responsible for preparing for the covered project. 
(B) ALTERNATIVES REQUIRED BY LAW.—In determining 
the range of alternatives under subparagraph (A), the lead 
agency shall include all alternatives required to be consid-
ered by law. 
(3) METHODOLOGIES.— 
(A) IN
GENERAL.—The lead agency shall determine, 
in collaboration with each cooperating agency at appro-
priate times during the environmental review, the meth-
odologies to be used and the level of detail required in 
the analysis of each alternative for a covered project. 
(B) ENVIRONMENTAL
REVIEW.—A cooperating agency 
shall use the methodologies referred to in subparagraph 
(A) when conducting any required environmental review, 
to the extent consistent with existing law. 
(4) PREFERRED ALTERNATIVE.—With the concurrence of the 
cooperating agencies with jurisdiction under Federal law and 
at the discretion of the lead agency, the preferred alternative 
for a project, after being identified, may be developed to a 
higher level of detail than other alternatives to facilitate the 
development of mitigation measures or concurrent compliance 
with other applicable laws if the lead agency determines that 
the development of the higher level of detail will not prevent— 
(A) the lead agency from making an impartial decision 
as to whether to accept another alternative that is being 
considered in the environmental review; and 
(B) the public from commenting on the preferred and 
other alternatives. 
(d) ENVIRONMENTAL REVIEW COMMENTS.— 
(1) COMMENTS ON DRAFT ENVIRONMENTAL IMPACT STATE-
MENT.—For comments by an agency or the public on a draft 
environmental impact statement, the lead agency shall estab-
lish a comment period of not less than 45 days and not more 
than 60 days after the date on which a notice announcing 
availability of the environmental impact statement is published 
in the Federal Register, unless— 
(A) the lead agency, the project sponsor, and any 
cooperating agency agree to a longer deadline; or 
(B) the lead agency, in consultation with each cooper-
ating agency, extends the deadline for good cause. 
(2) OTHER REVIEW AND COMMENT PERIODS.—For all other 
review or comment periods in the environmental review process 
described in parts 1500 through 1508 of title 40, Code of Federal 
Regulations (or successor regulations), the lead agency shall 
establish a comment period of not more than 45 days after 
the date on which the materials on which comment is requested 
are made available, unless— 
(A) the lead agency, the project sponsor, and any 
cooperating agency agree to a longer deadline; or 
(B) the lead agency extends the deadline for good cause. 
(e) ISSUE IDENTIFICATION AND RESOLUTION.— 
(1) COOPERATION.—The lead agency and each cooperating 
and participating agency shall work cooperatively in accordance 
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129 STAT. 1758 
PUBLIC LAW 114–94—DEC. 4, 2015 
with this section to identify and resolve issues that could delay 
completion of an environmental review or an authorization 
required for the project under applicable law or result in the 
denial of any approval under applicable law. 
(2) LEAD AGENCY RESPONSIBILITIES.— 
(A) IN GENERAL.—The lead agency shall make informa-
tion available to each cooperating and participating agency 
and project sponsor as early as practicable in the environ-
mental review regarding the environmental, historic, and 
socioeconomic resources located within the project area and 
the general locations of the alternatives under consider-
ation. 
(B) 
SOURCES
OF
INFORMATION.—The 
information 
described in subparagraph (A) may be based on existing 
data sources, including geographic information systems 
mapping. 
(3) COOPERATING AND PARTICIPATING AGENCY RESPONSIBIL-
ITIES.—Each cooperating and participating agency shall— 
(A) identify, as early as practicable, any issues of con-
cern regarding any potential environmental impacts of the 
covered project, including any issues that could substan-
tially delay or prevent an agency from completing any 
environmental review or authorization required for the 
project; and 
(B) communicate any issues described in subparagraph 
(A) to the project sponsor. 
(f) CATEGORIES OF PROJECTS.—The authorities granted under 
this section may be exercised for an individual covered project 
or a category of covered projects. 
SEC. 41006. DELEGATED STATE PERMITTING PROGRAMS. 
(a) IN GENERAL.—If a Federal statute permits a Federal agency 
to delegate to or otherwise authorize a State to issue or otherwise 
administer a permit program in lieu of the Federal agency, the 
Federal agency with authority to carry out the statute shall— 
(1) on publication by the Council of best practices under 
section 41002(c)(2)(B), initiate a national process, with public 
participation, to determine whether and the extent to which 
any of the best practices are generally applicable on a 
delegation- or authorization-wide basis to permitting under the 
statute; and 
(2) not later than 2 years after the date of enactment 
of this Act, make model recommendations for State modifica-
tions of the applicable permit program to reflect the best prac-
tices described in section 41002(c)(2)(B), as appropriate. 
(b) BEST PRACTICES.—Lead and cooperating agencies may share 
with State, tribal, and local authorities best practices involved 
in review of covered projects and invite input from State, tribal, 
and local authorities regarding best practices. 
SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION. 
(a) LIMITATIONS ON CLAIMS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, a claim arising under Federal law seeking judicial review 
of any authorization issued by a Federal agency for a covered 
project shall be barred unless— 
(A) the action is filed not later than 2 years after 
the date of publication in the Federal Register of the final 
42 USC 
4370m–6. 
42 USC 
4370m–5. 
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129 STAT. 1759 
PUBLIC LAW 114–94—DEC. 4, 2015 
record of decision or approval or denial of a permit, unless 
a shorter time is specified in the Federal law under which 
judicial review is allowed; and 
(B) in the case of an action pertaining to an environ-
mental review conducted under NEPA— 
(i) the action is filed by a party that submitted 
a comment during the environmental review; and 
(ii) any commenter filed a sufficiently detailed com-
ment so as to put the lead agency on notice of the 
issue on which the party seeks judicial review, or the 
lead agency did not provide a reasonable opportunity 
for such a comment on that issue. 
(2) NEW INFORMATION.— 
(A) IN GENERAL.—The head of a lead agency or partici-
pating agency shall consider new information received after 
the close of a comment period if the information satisfies 
the requirements under regulations implementing NEPA. 
(B) SEPARATE
ACTION.—If Federal law requires the 
preparation of a supplemental environmental impact state-
ment or other supplemental environmental document, the 
preparation of such document shall be considered a sepa-
rate final agency action and the deadline for filing a claim 
for judicial review of the agency action shall be 2 years 
after the date on which a notice announcing the final 
agency action is published in the Federal Register, unless 
a shorter time is specified in the Federal law under which 
judicial review is allowed. 
(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
creates a right to judicial review or places any limit on filing 
a claim that a person has violated the terms of an authorization. 
(b) PRELIMINARY INJUNCTIVE RELIEF.—In addition to consid-
ering any other applicable equitable factors, in any action seeking 
a temporary restraining order or preliminary injunction against 
an agency or a project sponsor in connection with review or 
authorization of a covered project, the court shall— 
(1) consider the potential effects on public health, safety, 
and the environment, and the potential for significant negative 
effects on jobs resulting from an order or injunction; and 
(2) not presume that the harms described in paragraph 
(1) are reparable. 
(c) JUDICIAL REVIEW.—Except as provided in subsection (a), 
nothing in this title affects the reviewability of any final Federal 
agency action in a court of competent jurisdiction. 
(d) SAVINGS CLAUSE.—Nothing in this title— 
(1) supersedes, amends, or modifies any Federal statute 
or affects the responsibility of any Federal officer to comply 
with or enforce any statute; or 
(2) creates a presumption that a covered project will be 
approved or favorably reviewed by any agency. 
(e) LIMITATIONS.—Nothing in this section preempts, limits, or 
interferes with— 
(1) any practice of seeking, considering, or responding to 
public comment; or 
(2) any power, jurisdiction, responsibility, or authority that 
a Federal, State, or local governmental agency, metropolitan 
planning organization, Indian tribe, or project sponsor has with 
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129 STAT. 1760 
PUBLIC LAW 114–94—DEC. 4, 2015 
respect to carrying out a project or any other provisions of 
law applicable to any project, plan, or program. 
SEC. 41008. REPORTS. 
(a) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than April 15 of each year 
for 10 years beginning on the date of enactment of this Act, 
the Executive Director shall submit to Congress a report 
detailing the progress accomplished under this title during 
the previous fiscal year. 
(2) CONTENTS.—The report described in paragraph (1) shall 
assess the performance of each participating agency and lead 
agency based on the best practices described in section 
41002(c)(2)(B), including— 
(A) agency progress in making improvements con-
sistent with those best practices; and 
(B) agency compliance with the performance schedules 
established under section 41002(c)(1)(C). 
(3) 
OPPORTUNITY
TO
INCLUDE
COMMENTS.—Each 
councilmember, with input from the respective agency CERPO, 
shall have the opportunity to include comments concerning 
the performance of the agency in the report described in para-
graph (1). 
(b) COMPTROLLER GENERAL REPORT.—Not later than 3 years 
after the date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report that 
describes— 
(1) agency progress in making improvements consistent 
with the best practices issued under section 41002(c)(2)(B); 
and 
(2) agency compliance with the performance schedules 
established under section 41002(c)(1)(C). 
SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROC-
ESSING OF ENVIRONMENTAL REVIEWS AND PERMITS. 
(a) IN GENERAL.—The heads of agencies listed in section 
41002(b)(2)(B), with the guidance of the Director of the Office of 
Management and Budget and in consultation with the Executive 
Director, may, after public notice and opportunity for comment, 
issue regulations establishing a fee structure for project proponents 
to reimburse the United States for reasonable costs incurred in 
conducting environmental reviews and authorizations for covered 
projects. 
(b) REASONABLE COSTS.—As used in this section, the term 
‘‘reasonable costs’’ shall include costs to implement the requirements 
and authorities required under sections 41002 and 41003, including 
the costs to agencies and the costs of operating the Council. 
(c) FEE STRUCTURE.—The fee structure established under sub-
section (a) shall— 
(1) be developed in consultation with affected project pro-
ponents, industries, and other stakeholders; 
(2) exclude parties for which the fee would impose an 
undue financial burden or is otherwise determined to be 
inappropriate; and 
(3) be established in a manner that ensures that the aggre-
gate amount of fees collected for a fiscal year is estimated 
not to exceed 20 percent of the total estimated costs for the 
fiscal year for the resources allocated for the conduct of the 
42 USC 
4370m–8. 
42 USC 
4370m–7. 
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129 STAT. 1761 
PUBLIC LAW 114–94—DEC. 4, 2015 
environmental reviews and authorizations covered by this title, 
as determined by the Director of the Office of Management 
and Budget. 
(d) ENVIRONMENTAL REVIEW
AND PERMITTING IMPROVEMENT 
FUND.— 
(1) IN GENERAL.—All amounts collected pursuant to this 
section shall be deposited into a separate fund in the Treasury 
of the United States to be known as the ‘‘Environmental Review 
Improvement Fund’’ (referred to in this section as the ‘‘Fund’’). 
(2) AVAILABILITY.—Amounts in the Fund shall be available 
to the Executive Director, without appropriation or fiscal year 
limitation, solely for the purposes of administering, imple-
menting, and enforcing this title, including the expenses of 
the Council. 
(3) TRANSFER.—The Executive Director, with the approval 
of the Director of the Office of Management and Budget, may 
transfer amounts in the Fund to other agencies to facilitate 
timely and efficient environmental reviews and authorizations 
for proposed covered projects. 
(e) EFFECT ON PERMITTING.—The regulations adopted pursuant 
to subsection (a) shall ensure that the use of funds accepted under 
subsection (d) will not impact impartial decision-making with 
respect to environmental reviews or authorizations, either sub-
stantively or procedurally. 
(f) TRANSFER OF APPROPRIATED FUNDS.— 
(1) IN GENERAL.—The heads of agencies listed in section 
41002(b)(2)(B) shall have the authority to transfer, in accord-
ance with section 1535 of title 31, United States Code, funds 
appropriated to those agencies and not otherwise obligated 
to other affected Federal agencies for the purpose of imple-
menting the provisions of this title. 
(2) LIMITATION.—Appropriations under title 23, United 
States Code and appropriations for the civil works program 
of the Army Corps of Engineers shall not be available for 
transfer under paragraph (1). 
SEC. 41010. APPLICATION. 
This title applies to any covered project for which— 
(1) a notice is filed under section 41003(a)(1); or 
(2) an application or other request for a Federal authoriza-
tion is pending before a Federal agency 90 days after the 
date of enactment of this Act. 
SEC. 41011. GAO REPORT. 
Not later than 3 years after the date of enactment of this 
Act, the Comptroller General of the United States shall submit 
to Congress a report that includes an analysis of whether the 
provisions of this title could be adapted to streamline the Federal 
permitting process for smaller projects that are not covered projects. 
SEC. 41012. SAVINGS PROVISION. 
Nothing in this title amends the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
SEC. 41013. SUNSET. 
This title shall terminate 7 years after the date of enactment 
of this Act. 
42 USC 
4370m–12. 
42 USC 
4370m–11. 
42 USC 
4370m–10. 
42 USC 
4370m–9. 
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129 STAT. 1762 
PUBLIC LAW 114–94—DEC. 4, 2015 
SEC. 41014. PLACEMENT. 
The Office of the Law Revision Counsel is directed to place 
sections 41001 through 41013 of this title in chapter 55 of title 
42, United States Code, as subchapter IV. 
TITLE XLII—ADDITIONAL PROVISIONS 
SEC. 42001. GAO REPORT ON REFUNDS TO REGISTERED VENDORS OF 
KEROSENE USED IN NONCOMMERCIAL AVIATION. 
Not later than 180 days after the date of the enactment of 
this Act, the Comptroller General of the United States shall— 
(1) conduct a study regarding payments made to vendors 
of kerosene used in noncommercial aviation under section 
6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986; and 
(2) submit to the appropriate committees of Congress a 
report describing the results of such study, which shall include 
estimates of— 
(A) the number of vendors of kerosene used in non-
commercial aviation who are registered under section 4101 
of such Code; 
(B) the number of vendors of kerosene used in non-
commercial aviation who are not so registered; 
(C) the number of vendors described in subparagraph 
(A) who receive payments under section 6427(l)(4)(C)(ii) 
of such Code; 
(D) the excess of— 
(i) the amount of payments which would be made 
under section 6427(l)(4)(C)(ii) of such Code if all ven-
dors of kerosene used in noncommercial aviation were 
registered and filed claims for such payments, over 
(ii) the amount of payments actually made under 
such section; and 
(E) the number of cases of diesel truck operators 
fraudulently using kerosene taxed for use in aviation. 
TITLE XLIII—PAYMENTS TO CERTIFIED 
STATES AND INDIAN TRIBES 
SEC. 43001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND. 
Section 411(h) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1240a(h)) is amended— 
(1) in paragraph (1)(C)— 
(A) by striking ‘‘Payments’’ and inserting the following: 
‘‘(i) IN GENERAL.—Payments’’; and 
(B) by adding at the end the following: 
‘‘(ii) CERTAIN
PAYMENTS
REQUIRED.—Not with-
standing any other provision of this Act, as soon as 
practicable, but not later than December 10, 2015, 
of the 7 equal installments referred to in clause (i), 
the Secretary shall pay to any certified State or Indian 
tribe to which the total annual payment under this 
subsection was limited to $15,000,000 in 2013 and 
$28,000,000 in fiscal year 2014— 
42 USC 
4370m–13. 
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129 STAT. 1763 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(I) the final 2 installments in 2 separate pay-
ments of $82,700,000 each; and 
‘‘(II) 2 separate payments of $38,250,000 
each.’’; and 
(2) by striking paragraphs (5) and (6). 
DIVISION E—EXPORT-IMPORT BANK OF 
THE UNITED STATES 
SEC. 50001. SHORT TITLE. 
This division may be cited as the ‘‘Export-Import Bank Reform 
and Reauthorization Act of 2015’’. 
TITLE 
LI—TAXPAYER 
PROTECTION 
PROVISIONS 
AND 
INCREASED 
AC-
COUNTABILITY 
SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING 
LOANS, GUARANTEES, AND INSURANCE. 
Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635e(a)) is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by striking paragraph (2) and inserting the following: 
‘‘(2) APPLICABLE AMOUNT DEFINED.—In this subsection, the 
term ‘applicable amount’, for each of fiscal years 2015 through 
2019, means $135,000,000,000. 
‘‘(3) FREEZING OF LENDING CAP IF DEFAULT RATE IS 2 PER-
CENT OR MORE.—If the rate calculated under section 8(g)(1) 
is 2 percent or more for a quarter, the Bank may not exceed 
the amount of loans, guarantees, and insurance outstanding 
on the last day of that quarter until the rate calculated under 
section 8(g)(1) is less than 2 percent.’’. 
SEC. 51002. INCREASE IN LOSS RESERVES. 
(a) IN GENERAL.—Section 6 of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635e) is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following: 
‘‘(b) RESERVE REQUIREMENT.—The Bank shall build to and hold 
in reserve, to protect against future losses, an amount that is 
not less than 5 percent of the aggregate amount of disbursed 
and outstanding loans, guarantees, and insurance of the Bank.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date that is one year after the date of 
the enactment of this Act. 
SEC. 51003. REVIEW OF FRAUD CONTROLS. 
Section 17(b) of the Export-Import Bank Reauthorization Act 
of 2012 (12 U.S.C. 635a–6(b)) is amended to read as follows: 
‘‘(b) REVIEW
OF FRAUD CONTROLS.—Not later than 4 years 
after the date of the enactment of the Export-Import Bank Reform 
and Reauthorization Act of 2015, and every 4 years thereafter, 
the Comptroller General of the United States shall— 
12 USC 635e. 
12 USC 635 note. 
Export-Import 
Bank Reform and 
Reauthorization 
Act of 2015. 
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129 STAT. 1764 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) review the adequacy of the design and effectiveness 
of the controls used by the Export-Import Bank of the United 
States to prevent, detect, and investigate fraudulent applica-
tions for loans and guarantees and the compliance by the 
Bank with the controls, including by auditing a sample of 
Bank transactions; and 
‘‘(2) submit a written report regarding the findings of the 
review and providing such recommendations with respect to 
the controls described in paragraph (1) as the Comptroller 
General deems appropriate to— 
‘‘(A) the Committee on Banking, Housing, and Urban 
Affairs and the Committee on Appropriations of the Senate; 
and 
‘‘(B) the Committee on Financial Services and the Com-
mittee on Appropriations of the House of Representatives.’’. 
SEC. 51004. OFFICE OF ETHICS. 
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 
635a) is amended by adding at the end the following: 
‘‘(k) OFFICE OF ETHICS.— 
‘‘(1) ESTABLISHMENT.—There is established an Office of 
Ethics within the Bank, which shall oversee all ethics issues 
within the Bank. 
‘‘(2) HEAD OF OFFICE.— 
‘‘(A) IN GENERAL.—The head of the Office of Ethics 
shall be the Chief Ethics Officer, who shall report to the 
Board of Directors. 
‘‘(B) APPOINTMENT.—Not later than 180 days after the 
date of the enactment of the Export-Import Bank Reform 
and Reauthorization Act of 2015, the Chief Ethics Officer 
shall be— 
‘‘(i) appointed by the President of the Bank from 
among persons— 
‘‘(I) with a background in law who have experi-
ence in the fields of law and ethics; and 
‘‘(II) who are not serving in a position 
requiring appointment by the President of the 
United States before being appointed to be Chief 
Ethics Officer; and 
‘‘(ii) approved by the Board. 
‘‘(C) DESIGNATED AGENCY ETHICS OFFICIAL.—The Chief 
Ethics Officer shall serve as the designated agency ethics 
official for the Bank pursuant to the Ethics in Government 
Act of 1978 (5 U.S.C. App. 101 et seq.). 
‘‘(3) DUTIES.—The Office of Ethics has jurisdiction over 
all employees of, and ethics matters relating to, the Bank. 
With respect to employees of the Bank, the Office of Ethics 
shall— 
‘‘(A) recommend administrative actions to establish or 
enforce standards of official conduct; 
‘‘(B) refer to the Office of the Inspector General of 
the Bank alleged violations of— 
‘‘(i) the standards of ethical conduct applicable to 
employees of the Bank under parts 2635 and 6201 
of title 5, Code of Federal Regulations; 
‘‘(ii) the standards of ethical conduct established 
by the Chief Ethics Officer; and 
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129 STAT. 1765 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(iii) any other laws, rules, or regulations gov-
erning the performance of official duties or the dis-
charge of official responsibilities that are applicable 
to employees of the Bank; 
‘‘(C) report to appropriate Federal or State authorities 
substantial evidence of a violation of any law applicable 
to the performance of official duties that may have been 
disclosed to the Office of Ethics; and 
‘‘(D) render advisory opinions regarding the propriety 
of any current or proposed conduct of an employee or 
contractor of the Bank, and issue general guidance on 
such matters as necessary.’’. 
SEC. 51005. CHIEF RISK OFFICER. 
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 
635a), as amended by section 91004, is further amended by adding 
at the end the following: 
‘‘(l) CHIEF RISK OFFICER.— 
‘‘(1) IN GENERAL.—There shall be a Chief Risk Officer of 
the Bank, who shall— 
‘‘(A) oversee all issues relating to risk within the Bank; 
and 
‘‘(B) report to the President of the Bank. 
‘‘(2) APPOINTMENT.—Not later than 180 days after the date 
of the enactment of the Export-Import Bank Reform and 
Reauthorization Act of 2015, the Chief Risk Officer shall be— 
‘‘(A) appointed by the President of the Bank from 
among persons— 
‘‘(i) with a demonstrated ability in the general 
management of, and knowledge of and extensive prac-
tical experience in, financial risk evaluation practices 
in large governmental or business entities; and 
‘‘(ii) who are not serving in a position requiring 
appointment by the President of the United States 
before being appointed to be Chief Risk Officer; and 
‘‘(B) approved by the Board. 
‘‘(3) DUTIES.—The duties of the Chief Risk Officer are— 
‘‘(A) to be responsible for all matters related to man-
aging and mitigating all risk to which the Bank is exposed, 
including the programs and operations of the Bank; 
‘‘(B) to establish policies and processes for risk over-
sight, the monitoring of management compliance with risk 
limits, and the management of risk exposures and risk 
controls across the Bank; 
‘‘(C) to be responsible for the planning and execution 
of all Bank risk management activities, including policies, 
reporting, and systems to achieve strategic risk objectives; 
‘‘(D) to develop an integrated risk management pro-
gram that includes identifying, prioritizing, measuring, 
monitoring, and managing internal control and operating 
risks and other identified risks; 
‘‘(E) to ensure that the process for risk assessment 
and underwriting for individual transactions considers how 
each such transaction considers the effect of the transaction 
on the concentration of exposure in the overall portfolio 
of the Bank, taking into account fees, collateralization, 
and historic default rates; and 
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129 STAT. 1766 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(F) to review the adequacy of the use by the Bank 
of qualitative metrics to assess the risk of default under 
various scenarios.’’. 
SEC. 51006. RISK MANAGEMENT COMMITTEE. 
(a) IN GENERAL.—Section 3 of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635a), as amended by sections 91004 and 91005, 
is further amended by adding at the end the following: 
‘‘(m) RISK MANAGEMENT COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—There is established a management 
committee to be known as the ‘Risk Management Committee’. 
‘‘(2) MEMBERSHIP.—The membership of the Risk Manage-
ment Committee shall be the members of the Board of Directors, 
with the President and First Vice President of the Bank serving 
as ex officio members. 
‘‘(3) DUTIES.—The duties of the Risk Management Com-
mittee shall be— 
‘‘(A) to oversee, in conjunction with the Office of the 
Chief Financial Officer of the Bank— 
‘‘(i) periodic stress testing on the entire Bank port-
folio, reflecting different market, industry, and macro-
economic scenarios, and consistent with common prac-
tices of commercial and multilateral development 
banks; and 
‘‘(ii) the monitoring of industry, geographic, and 
obligor exposure levels; and 
‘‘(B) to review all required reports on the default rate 
of the Bank before submission to Congress under section 
8(g).’’. 
(b) TERMINATION OF AUDIT COMMITTEE.—Not later than 180 
days after the date of the enactment of this Act, the Board of 
Directors of the Export-Import Bank of the United States shall 
revise the bylaws of the Bank to terminate the Audit Committee 
established by section 7 of the bylaws. 
SEC. 51007. INDEPENDENT AUDIT OF BANK PORTFOLIO. 
(a) AUDIT.—The Inspector General of the Export-Import Bank 
of the United States shall conduct an audit or evaluation of the 
portfolio risk management procedures of the Bank, including a 
review of the implementation by the Bank of the duties assigned 
to the Chief Risk Officer under section 3(l) of the Export-Import 
Bank Act of 1945, as amended by section 51005. 
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, and not less frequently than every 3 years there-
after, the Inspector General shall submit to the Committee on 
Banking, Housing, and Urban Affairs of the Senate and the Com-
mittee on Financial Services of the House of Representatives a 
written report containing all findings and determinations made 
in carrying out subsection (a). 
SEC. 51008. PILOT PROGRAM FOR REINSURANCE. 
(a) IN GENERAL.—Notwithstanding any provision of the Export- 
Import Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export- 
Import Bank of the United States (in this section referred to as 
the ‘‘Bank’’) may establish a pilot program under which the Bank 
may enter into contracts and other arrangements to share risks 
associated with the provision of guarantees, insurance, or credit, 
12 USC 635 note. 
12 USC 635a–7. 
12 USC 635a 
note. 
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129 STAT. 1767 
PUBLIC LAW 114–94—DEC. 4, 2015 
or the participation in the extension of credit, by the Bank under 
that Act. 
(b) LIMITATIONS ON AMOUNT OF RISK-SHARING.— 
(1) PER CONTRACT OR OTHER ARRANGEMENT.—The aggre-
gate amount of liability the Bank may transfer through risk- 
sharing pursuant to a contract or other arrangement entered 
into under subsection (a) may not exceed $1,000,000,000. 
(2) PER YEAR.—The aggregate amount of liability the Bank 
may transfer through risk-sharing during a fiscal year pursuant 
to contracts or other arrangements entered into under sub-
section 
(a) 
during 
that 
fiscal 
year 
may 
not 
exceed 
$10,000,000,000. 
(c) ANNUAL REPORTS.—Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter through 
2019, the Bank shall submit to Congress a written report that 
contains a detailed analysis of the use of the pilot program carried 
out under subsection (a) during the year preceding the submission 
of the report. 
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to affect, impede, or revoke any authority of the Bank. 
(e) TERMINATION.—The pilot program carried out under sub-
section (a) shall terminate on September 30, 2019. 
TITLE LII—PROMOTION OF SMALL 
BUSINESS EXPORTS 
SEC. 52001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS. 
(a) IN GENERAL.—Section 2(b)(1)(E)(v) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking 
‘‘20 percent’’ and inserting ‘‘25 percent’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to fiscal year 2016 and each fiscal year 
thereafter. 
SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED 
BUSINESSES. 
(a) IN GENERAL.—Section 8 of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635g) is amended by adding at the end the 
following: 
‘‘(k) REPORT
ON PROGRAMS
FOR SMALL- AND MEDIUM-SIZED 
BUSINESSES.—The Bank shall include in its annual report to Con-
gress under subsection (a) a report on the programs of the Bank 
for United States businesses with less than $250,000,000 in annual 
sales.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to the report of the Export-Import Bank 
of the United States submitted to Congress under section 8 of 
the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for the first 
year that begins after the date of the enactment of this Act. 
12 USC 635g 
note. 
12 USC 635 note. 
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129 STAT. 1768 
PUBLIC LAW 114–94—DEC. 4, 2015 
TITLE LIII—MODERNIZATION OF 
OPERATIONS 
SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS. 
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(1)) is amended by adding at the end the following: 
‘‘(M) Not later than 2 years after the date of the enactment 
of the Export-Import Bank Reform and Reauthorization Act of 
2015, the Bank shall implement policies— 
‘‘(i) to accept electronic documents with respect to trans-
actions whenever possible, including copies of bills of lading, 
certifications, and compliance documents, in such manner so 
as not to undermine any potential civil or criminal enforcement 
related to the transactions; and 
‘‘(ii) to accept electronic payments in all of its programs.’’. 
SEC. 53002. REAUTHORIZATION OF INFORMATION TECHNOLOGY 
UPDATING. 
Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j)) 
is amended— 
(1) in paragraph (1), in the matter preceding subparagraph 
(A), by striking ‘‘2012, 2013, and 2014’’ and inserting ‘‘2015 
through 2019’’; 
(2) in paragraph (2)(B), by striking ‘‘(I) the funds’’ and 
inserting ‘‘(i) the funds’’; and 
(3) in paragraph (3), by striking ‘‘2012, 2013, and 2014’’ 
and inserting ‘‘2015 through 2019’’. 
TITLE LIV—GENERAL PROVISIONS 
SEC. 54001. EXTENSION OF AUTHORITY. 
(a) IN GENERAL.—Section 7 of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635f) is amended by striking ‘‘2014’’ and inserting 
‘‘2019’’. 
(b) DUAL-USE EXPORTS.—Section 1(c) of Public Law 103–428 
(12 U.S.C. 635 note) is amended by striking ‘‘September 30, 2014’’ 
and inserting ‘‘the date on which the authority of the Export- 
Import Bank of the United States expires under section 7 of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635f)’’. 
(c) 
SUB-SAHARAN
AFRICA
ADVISORY
COMMITTEE.—Section 
2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)(9)(B)(iii)) is amended by striking ‘‘September 30, 2014’’ and 
inserting ‘‘the date on which the authority of the Bank expires 
under section 7’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the earlier of the date of the enactment of 
this Act or June 30, 2015. 
SEC. 54002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS. 
(a) LOAN
TERMS
FOR
MEDIUM-TERM
FINANCING.—Section 
2(a)(2)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(a)(2)(A)) is amended— 
(1) in clause (i), by striking ‘‘; and’’ and inserting a semi-
colon; and 
(2) by adding at the end the following: 
12 USC 635 note. 
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129 STAT. 1769 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(iii) with principal amounts of not more than 
$25,000,000; and’’. 
(b) COMPETITIVE OPPORTUNITIES RELATING
TO INSURANCE.— 
Section 2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(d)(2)) is amended by striking ‘‘$10,000,000’’ and inserting 
‘‘$25,000,000’’. 
(c) EXPORT AMOUNTS
FOR SMALL BUSINESS LOANS.—Section 
3(g)(3) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) 
is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 
(d) CONSIDERATION
OF
ENVIRONMENTAL
EFFECTS.—Section 
11(a)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i– 
5(a)(1)(A)) is amended by striking ‘‘$10,000,000 or more’’ and 
inserting the following: ‘‘$25,000,000 (or, if less than $25,000,000, 
the threshold established pursuant to international agreements, 
including the Common Approaches for Officially Supported Export 
Credits and Environmental and Social Due Diligence, as adopted 
by the Organisation for Economic Co-operation and Development 
Council on June 28, 2012, and the risk-management framework 
adopted by financial institutions for determining, assessing, and 
managing environmental and social risk in projects (commonly 
referred to as the ‘Equator Principles’)) or more’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to fiscal year 2016 and each fiscal year 
thereafter. 
TITLE LV—OTHER MATTERS 
SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY. 
Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 
635 et seq.) is amended by adding at the end the following: 
‘‘(k) PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.— 
‘‘(1) IN GENERAL.—Except as provided in this Act, the Bank 
may not— 
‘‘(A) deny an application for financing based solely 
on the industry, sector, or business that the application 
concerns; or 
‘‘(B) promulgate or implement policies that discrimi-
nate against an application based solely on the industry, 
sector, or business that the application concerns. 
‘‘(2) APPLICABILITY.—The prohibitions under paragraph (1) 
apply only to applications for financing by the Bank for projects 
concerning the exploration, development, production, or export 
of energy sources and the generation or transmission of elec-
trical power, or combined heat and power, regardless of the 
energy source involved.’’. 
SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING. 
(a) IN
GENERAL.—Section 11 of the Export-Import Bank 
Reauthorization Act of 2012 (12 U.S.C. 635a–5) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘Secretary of the Treasury (in this section referred to as 
the ‘Secretary’)’’ and inserting ‘‘President’’; and 
(B) in paragraph (1)— 
(i) by striking ‘‘(OECD)’’ and inserting ‘‘(in this 
section referred to as the ‘OECD’)’’; and 
12 USC 635 note. 
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129 STAT. 1770 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) by striking ‘‘ultimate goal of eliminating’’ and 
inserting ‘‘possible goal of eliminating, before the date 
that is 10 years after the date of the enactment of 
the Export-Import Bank Reform and Reauthorization 
Act of 2015,’’; 
(2) in subsection (b), by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘President’’; and 
(3) by adding at the end the following: 
‘‘(c) REPORT ON STRATEGY.—Not later than 180 days after the 
date of the enactment of the Export-Import Bank Reform and 
Reauthorization Act of 2015, the President shall submit to Congress 
a proposal, and a strategy for achieving the proposal, that the 
United States Government will pursue with other major exporting 
countries, including OECD members and non-OECD members, to 
eliminate over a period of not more than 10 years subsidized export- 
financing programs, tied aid, export credits, and all other forms 
of government-supported export subsidies. 
‘‘(d) NEGOTIATIONS WITH NON-OECD MEMBERS.—The President 
shall initiate and pursue negotiations with countries that are not 
OECD members to bring those countries into a multilateral agree-
ment establishing rules and limitations on officially supported 
export credits. 
‘‘(e) ANNUAL REPORTS ON PROGRESS OF NEGOTIATIONS.—Not 
later than 180 days after the date of the enactment of the Export- 
Import Bank Reform and Reauthorization Act of 2015, and annually 
thereafter through calendar year 2019, the President shall submit 
to the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Financial Services of the House 
of Representatives a report on the progress of any negotiations 
described in subsection (d).’’. 
(b) EFFECTIVE DATE.—The amendments made by paragraphs 
(1) and (2) of subsection (a) shall apply with respect to reports 
required to be submitted under section 11(b) of the Export-Import 
Bank Reauthorization Act of 2012 (12 U.S.C. 635a–5(b)) after the 
date of the enactment of this Act. 
SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND COMMU-
NICATIONS TECHNOLOGY SYSTEMS. 
(a) ANALYSIS
OF INFORMATION
AND COMMUNICATIONS TECH-
NOLOGY INDUSTRY USE OF BANK PRODUCTS.—The Export-Import 
Bank of the United States (in this section referred to as the ‘‘Bank’’) 
shall conduct a study of the extent to which the products offered 
by the Bank are available and used by companies that export 
information and communications technology services and related 
goods. 
(b) ELEMENTS.—In conducting the study required by subsection 
(a), the Bank shall examine the following: 
(1) The number of jobs in the United States that are 
supported by the export of information and communications 
technology services and related goods, and the degree to which 
access to financing will increase exports of such services and 
related goods. 
(2) The reduction in the financing by the Bank of exports 
of information and communications technology services from 
2003 through 2014. 
12 USC 635a–5 
note. 
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129 STAT. 1771 
PUBLIC LAW 114–94—DEC. 4, 2015 
(3) The activities of foreign export credit agencies to facili-
tate the export of information and communications technology 
services and related goods. 
(4) Specific proposals for how the Bank could provide addi-
tional financing for the exportation of information and commu-
nications technology services and related goods through risk- 
sharing with other export credit agencies and other third par-
ties. 
(5) Proposals for new products the Bank could offer to 
provide financing for exports of information and communica-
tions technology services and related goods, including— 
(A) the extent to which the Bank is authorized to 
offer new products; 
(B) the extent to which the Bank would need additional 
authority to offer new products to meet the needs of the 
information and communications technology industry; 
(C) specific proposals for changes in law that would 
enable the Bank to provide increased financing for exports 
of information and communications technology services and 
related goods in compliance with the credit and risk stand-
ards of the Bank; 
(D) specific proposals that would enable the Bank to 
provide increased outreach to the information and commu-
nications technology industry about the products the Bank 
offers; and 
(E) specific proposals for changes in law that would 
enable the Bank to provide the financing to build informa-
tion and communications technology infrastructure, in 
compliance with the credit and risk standards of the Bank, 
to allow for market access opportunities for United States 
information and communications technology companies to 
provide services on the infrastructure being financed by 
the Bank. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Bank shall submit to Congress a report 
that contains the results of the study required by subsection (a). 
DIVISION F—ENERGY SECURITY 
SEC. 61001. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY 
DISRUPTIONS. 
(a) FINDING.—Congress finds that recent natural disasters have 
underscored the importance of having resilient oil and natural 
gas infrastructure and effective ways for industry and government 
to communicate to address energy supply disruptions. 
(b) AUTHORIZATION FOR ACTIVITIES TO ENHANCE EMERGENCY 
PREPAREDNESS FOR NATURAL DISASTERS.—The Secretary of Energy 
shall develop and adopt procedures to— 
(1) improve communication and coordination between the 
Department of Energy’s energy response team, Federal part-
ners, and industry; 
(2) leverage the Energy Information Administration’s sub-
ject matter expertise within the Department’s energy response 
team to improve supply chain situation assessments; 
42 USC 7131 
note. 
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129 STAT. 1772 
PUBLIC LAW 114–94—DEC. 4, 2015 
(3) establish company liaisons and direct communication 
with the Department’s energy response team to improve situa-
tion assessments; 
(4) streamline and enhance processes for obtaining tem-
porary regulatory relief to speed up emergency response and 
recovery; 
(5) facilitate and increase engagement among States, the 
oil and natural gas industry, and the Department in developing 
State and local energy assurance plans; 
(6) establish routine education and training programs for 
key government emergency response positions with the Depart-
ment and States; and 
(7) involve States and the oil and natural gas industry 
in comprehensive drill and exercise programs. 
(c) COOPERATION.—The activities carried out under subsection 
(b) shall include collaborative efforts with State and local govern-
ment officials and the private sector. 
(d) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary of Energy shall submit to Congress 
a report describing the effectiveness of the activities authorized 
under this section. 
SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY CON-
FLICTS. 
(a) COMPLIANCE WITH OR VIOLATION OF ENVIRONMENTAL LAWS 
WHILE UNDER EMERGENCY ORDER.—Section 202(c) of the Federal 
Power Act (16 U.S.C. 824a(c)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following: 
‘‘(2) With respect to an order issued under this subsection 
that may result in a conflict with a requirement of any Federal, 
State, or local environmental law or regulation, the Commission 
shall ensure that such order requires generation, delivery, inter-
change, or transmission of electric energy only during hours nec-
essary to meet the emergency and serve the public interest, and, 
to the maximum extent practicable, is consistent with any applicable 
Federal, State, or local environmental law or regulation and mini-
mizes any adverse environmental impacts. 
‘‘(3) To the extent any omission or action taken by a party, 
that is necessary to comply with an order issued under this sub-
section, including any omission or action taken to voluntarily comply 
with such order, results in noncompliance with, or causes such 
party to not comply with, any Federal, State, or local environmental 
law or regulation, such omission or action shall not be considered 
a violation of such environmental law or regulation, or subject 
such party to any requirement, civil or criminal liability, or a 
citizen suit under such environmental law or regulation. 
‘‘(4)(A) An order issued under this subsection that may result 
in a conflict with a requirement of any Federal, State, or local 
environmental law or regulation shall expire not later than 90 
days after it is issued. The Commission may renew or reissue 
such order pursuant to paragraphs (1) and (2) for subsequent 
periods, not to exceed 90 days for each period, as the Commission 
determines necessary to meet the emergency and serve the public 
interest. 
‘‘(B) In renewing or reissuing an order under subparagraph 
(A), the Commission shall consult with the primary Federal agency 
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129 STAT. 1773 
PUBLIC LAW 114–94—DEC. 4, 2015 
with expertise in the environmental interest protected by such 
law or regulation, and shall include in any such renewed or reissued 
order such conditions as such Federal agency determines necessary 
to minimize any adverse environmental impacts to the extent prac-
ticable. The conditions, if any, submitted by such Federal agency 
shall be made available to the public. The Commission may exclude 
such a condition from the renewed or reissued order if it determines 
that such condition would prevent the order from adequately 
addressing the emergency necessitating such order and provides 
in the order, or otherwise makes publicly available, an explanation 
of such determination. 
‘‘(5) If an order issued under this subsection is subsequently 
stayed, modified, or set aside by a court pursuant to section 313 
or any other provision of law, any omission or action previously 
taken by a party that was necessary to comply with the order 
while the order was in effect, including any omission or action 
taken to voluntarily comply with the order, shall remain subject 
to paragraph (3).’’. 
(b) TEMPORARY CONNECTION OR CONSTRUCTION BY MUNICIPALI-
TIES.—Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) 
is amended by inserting ‘‘or municipality’’ before ‘‘engaged in the 
transmission or sale of electric energy’’. 
SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. 
(a) CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.—Part II of 
the Federal Power Act (16 U.S.C. 824 et seq.) is amended by 
adding after section 215 the following new section: 
‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELIABILITY ORGANIZA-
TION; REGIONAL ENTITY.—The terms ‘bulk-power system’, ‘Elec-
tric Reliability Organization’, and ‘regional entity’ have the 
meanings given such terms in paragraphs (1), (2), and (7) 
of section 215(a), respectively. 
‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.—The term ‘crit-
ical electric infrastructure’ means a system or asset of the 
bulk-power system, whether physical or virtual, the incapacity 
or destruction of which would negatively affect national secu-
rity, economic security, public health or safety, or any combina-
tion of such matters. 
‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE INFORMATION.— 
The term ‘critical electric infrastructure information’ means 
information related to critical electric infrastructure, or pro-
posed critical electrical infrastructure, generated by or provided 
to the Commission or other Federal agency, other than classi-
fied national security information, that is designated as critical 
electric infrastructure information by the Commission or the 
Secretary pursuant to subsection (d). Such term includes 
information that qualifies as critical energy infrastructure 
information under the Commission’s regulations. 
‘‘(4) DEFENSE
CRITICAL
ELECTRIC
INFRASTRUCTURE.—The 
term ‘defense critical electric infrastructure’ means any electric 
infrastructure located in any of the 48 contiguous States or 
the District of Columbia that serves a facility designated by 
the Secretary pursuant to subsection (c), but is not owned 
or operated by the owner or operator of such facility. 
16 USC 824o–1. 
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129 STAT. 1774 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(5) ELECTROMAGNETIC PULSE.—The term ‘electromagnetic 
pulse’ means 1 or more pulses of electromagnetic energy emitted 
by a device capable of disabling or disrupting operation of, 
or destroying, electronic devices or communications networks, 
including hardware, software, and data, by means of such a 
pulse. 
‘‘(6) GEOMAGNETIC STORM.—The term ‘geomagnetic storm’ 
means a temporary disturbance of the Earth’s magnetic field 
resulting from solar activity. 
‘‘(7) GRID SECURITY EMERGENCY.—The term ‘grid security 
emergency’ means the occurrence or imminent danger of— 
‘‘(A)(i) a malicious act using electronic communication 
or an electromagnetic pulse, or a geomagnetic storm event, 
that could disrupt the operation of those electronic devices 
or communications networks, including hardware, software, 
and data, that are essential to the reliability of critical 
electric infrastructure or of defense critical electric infra-
structure; and 
‘‘(ii) disruption of the operation of such devices or net-
works, with significant adverse effects on the reliability 
of critical electric infrastructure or of defense critical elec-
tric infrastructure, as a result of such act or event; or 
‘‘(B)(i) a direct physical attack on critical electric infra-
structure or on defense critical electric infrastructure; and 
‘‘(ii) significant adverse effects on the reliability of crit-
ical electric infrastructure or of defense critical electric 
infrastructure as a result of such physical attack. 
‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary 
of Energy. 
‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY EMERGENCY.— 
‘‘(1) AUTHORITY.—Whenever the President issues and pro-
vides to the Secretary a written directive or determination 
identifying a grid security emergency, the Secretary may, with 
or without notice, hearing, or report, issue such orders for 
emergency measures as are necessary in the judgment of the 
Secretary to protect or restore the reliability of critical electric 
infrastructure or of defense critical electric infrastructure 
during such emergency. As soon as practicable but not later 
than 180 days after the date of enactment of this section, 
the Secretary shall, after notice and opportunity for comment, 
establish rules of procedure that ensure that such authority 
can be exercised expeditiously. 
‘‘(2) NOTIFICATION OF CONGRESS.—Whenever the President 
issues and provides to the Secretary a written directive or 
determination under paragraph (1), the President shall 
promptly notify congressional committees of relevant jurisdic-
tion, including the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate, of the contents of, and 
justification for, such directive or determination. 
‘‘(3) CONSULTATION.—Before issuing an order for emergency 
measures under paragraph (1), the Secretary shall, to the extent 
practicable in light of the nature of the grid security emergency 
and the urgency of the need for action, consult with appropriate 
governmental authorities in Canada and Mexico, entities 
described in paragraph (4), the Electricity Sub-sector Coordi-
nating Council, the Commission, and other appropriate Federal 
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PUBLIC LAW 114–94—DEC. 4, 2015 
agencies regarding implementation of such emergency meas-
ures. 
‘‘(4) APPLICATION.—An order for emergency measures under 
this subsection may apply to— 
‘‘(A) the Electric Reliability Organization; 
‘‘(B) a regional entity; or 
‘‘(C) any owner, user, or operator of critical electric 
infrastructure or of defense critical electric infrastructure 
within the United States. 
‘‘(5) EXPIRATION AND REISSUANCE.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), an order for emergency measures issued under para-
graph (1) shall expire no later than 15 days after its 
issuance. 
‘‘(B) EXTENSIONS.—The Secretary may reissue an order 
for emergency measures issued under paragraph (1) for 
subsequent periods, not to exceed 15 days for each such 
period, provided that the President, for each such period, 
issues and provides to the Secretary a written directive 
or determination that the grid security emergency identi-
fied under paragraph (1) continues to exist or that the 
emergency measure continues to be required. 
‘‘(6) COST RECOVERY.— 
‘‘(A) CRITICAL
ELECTRIC
INFRASTRUCTURE.—If the 
Commission determines that owners, operators, or users 
of critical electric infrastructure have incurred substantial 
costs to comply with an order for emergency measures 
issued under this subsection and that such costs were 
prudently incurred and cannot reasonably be recovered 
through regulated rates or market prices for the electric 
energy or services sold by such owners, operators, or users, 
the Commission shall, consistent with the requirements 
of section 205, after notice and an opportunity for comment, 
establish a mechanism that permits such owners, operators, 
or users to recover such costs. 
‘‘(B) DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE.— 
To the extent the owner or operator of defense critical 
electric infrastructure is required to take emergency meas-
ures pursuant to an order issued under this subsection, 
the owners or operators of a critical defense facility or 
facilities designated by the Secretary pursuant to sub-
section (c) that rely upon such infrastructure shall bear 
the full incremental costs of the measures. 
‘‘(7) TEMPORARY ACCESS TO CLASSIFIED INFORMATION.—The 
Secretary, and other appropriate Federal agencies, shall, to 
the extent practicable and consistent with their obligations 
to protect classified information, provide temporary access to 
classified information related to a grid security emergency for 
which emergency measures are issued under paragraph (1) 
to key personnel of any entity subject to such emergency meas-
ures to enable optimum communication between the entity 
and the Secretary and other appropriate Federal agencies 
regarding the grid security emergency. 
‘‘(c) DESIGNATION OF CRITICAL DEFENSE FACILITIES.—Not later 
than 180 days after the date of enactment of this section, the 
Secretary, in consultation with other appropriate Federal agencies 
and appropriate owners, users, or operators of infrastructure that 
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129 STAT. 1776 
PUBLIC LAW 114–94—DEC. 4, 2015 
may be defense critical electric infrastructure, shall identify and 
designate facilities located in the 48 contiguous States and the 
District of Columbia that are— 
‘‘(1) critical to the defense of the United States; and 
‘‘(2) vulnerable to a disruption of the supply of electric 
energy provided to such facility by an external provider. 
The Secretary may, in consultation with appropriate Federal agen-
cies and appropriate owners, users, or operators of defense critical 
electric infrastructure, periodically revise the list of designated 
facilities as necessary. 
‘‘(d) PROTECTION AND SHARING OF CRITICAL ELECTRIC INFRA-
STRUCTURE INFORMATION.— 
‘‘(1) PROTECTION
OF
CRITICAL
ELECTRIC
INFRASTRUCTURE 
INFORMATION.—Critical electric infrastructure information— 
‘‘(A) shall be exempt from disclosure under section 
552(b)(3) of title 5, United States Code; and 
‘‘(B) shall not be made available by any Federal, State, 
political subdivision or tribal authority pursuant to any 
Federal, State, political subdivision or tribal law requiring 
public disclosure of information or records. 
‘‘(2) DESIGNATION
AND
SHARING
OF
CRITICAL
ELECTRIC 
INFRASTRUCTURE INFORMATION.—Not later than one year after 
the date of enactment of this section, the Commission, after 
consultation with the Secretary, shall promulgate such regula-
tions as necessary to— 
‘‘(A) establish criteria and procedures to designate 
information as critical electric infrastructure information; 
‘‘(B) prohibit the unauthorized disclosure of critical 
electric infrastructure information; 
‘‘(C) ensure there are appropriate sanctions in place 
for Commissioners, officers, employees, or agents of the 
Commission or the Department of Energy who knowingly 
and 
willfully 
disclose 
critical 
electric 
infrastructure 
information in a manner that is not authorized under this 
section; and 
‘‘(D) taking into account standards of the Electric Reli-
ability Organization, facilitate voluntary sharing of critical 
electric infrastructure information with, between, and by— 
‘‘(i) Federal, State, political subdivision, and tribal 
authorities; 
‘‘(ii) the Electric Reliability Organization; 
‘‘(iii) regional entities; 
‘‘(iv) information sharing and analysis centers 
established pursuant to Presidential Decision Directive 
63; 
‘‘(v) owners, operators, and users of critical electric 
infrastructure in the United States; and 
‘‘(vi) other entities determined appropriate by the 
Commission. 
‘‘(3) AUTHORITY TO DESIGNATE.—Information may be des-
ignated by the Commission or the Secretary as critical electric 
infrastructure information pursuant to the criteria and proce-
dures established by the Commission under paragraph (2)(A). 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(4) 
CONSIDERATIONS.—In 
exercising 
their 
respective 
authorities under this subsection, the Commission and the Sec-
retary shall take into consideration the role of State commis-
sions in reviewing the prudence and cost of investments, deter-
mining the rates and terms of conditions for electric services, 
and ensuring the safety and reliability of the bulk-power system 
and distribution facilities within their respective jurisdictions. 
‘‘(5) PROTOCOLS.—The Commission and the Secretary shall, 
in consultation with Canadian and Mexican authorities, develop 
protocols for the voluntary sharing of critical electric infrastruc-
ture information with Canadian and Mexican authorities and 
owners, operators, and users of the bulk-power system outside 
the United States. 
‘‘(6) NO REQUIRED SHARING OF INFORMATION.—Nothing in 
this section shall require a person or entity in possession of 
critical electric infrastructure information to share such 
information with Federal, State, political subdivision, or tribal 
authorities, or any other person or entity. 
‘‘(7) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 
in this section shall permit or authorize the withholding of 
information from Congress, any committee or subcommittee 
thereof, or the Comptroller General. 
‘‘(8) DISCLOSURE
OF
NONPROTECTED
INFORMATION.—In 
implementing this section, the Commission and the Secretary 
shall segregate critical electric infrastructure information or 
information that reasonably could be expected to lead to the 
disclosure of the critical electric infrastructure information 
within documents and electronic communications, wherever fea-
sible, to facilitate disclosure of information that is not des-
ignated as critical electric infrastructure information. 
‘‘(9) DURATION OF DESIGNATION.—Information may not be 
designated as critical electric infrastructure information for 
longer than 5 years, unless specifically re-designated by the 
Commission or the Secretary, as appropriate. 
‘‘(10) REMOVAL OF DESIGNATION.—The Commission or the 
Secretary, as appropriate, shall remove the designation of crit-
ical electric infrastructure information, in whole or in part, 
from a document or electronic communication if the Commission 
or the Secretary, as appropriate, determines that the unauthor-
ized disclosure of such information could no longer be used 
to impair the security or reliability of the bulk-power system 
or distribution facilities. 
‘‘(11) JUDICIAL REVIEW OF DESIGNATIONS.—Notwithstanding 
section 313(b), with respect to a petition filed by a person 
to which an order under this section applies, any determination 
by the Commission or the Secretary concerning the designation 
of critical electric infrastructure information under this sub-
section shall be subject to review under chapter 7 of title 
5, United States Code, except that such review shall be brought 
in the district court of the United States in the district in 
which the complainant resides, or has his principal place of 
business, or in the District of Columbia. In such a case the 
court shall examine in camera the contents of documents or 
electronic communications that are the subject of the deter-
mination under review to determine whether such documents 
or any part thereof were improperly designated or not des-
ignated as critical electric infrastructure information. 
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PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(e) SECURITY CLEARANCES.—The Secretary shall facilitate and, 
to the extent practicable, expedite the acquisition of adequate secu-
rity clearances by key personnel of any entity subject to the require-
ments of this section, to enable optimum communication with Fed-
eral agencies regarding threats to the security of the critical electric 
infrastructure. The Secretary, the Commission, and other appro-
priate Federal agencies shall, to the extent practicable and con-
sistent with their obligations to protect classified and critical electric 
infrastructure information, share timely actionable information 
regarding grid security with appropriate key personnel of owners, 
operators, and users of the critical electric infrastructure. 
‘‘(f) CLARIFICATIONS OF LIABILITY.— 
‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS ACT.—Except 
as provided in paragraph (4), to the extent any action or omis-
sion taken by an entity that is necessary to comply with an 
order for emergency measures issued under subsection (b)(1), 
including any action or omission taken to voluntarily comply 
with such order, results in noncompliance with, or causes such 
entity not to comply with any rule, order, regulation, or provi-
sion of this Act, including any reliability standard approved 
by the Commission pursuant to section 215, such action or 
omission shall not be considered a violation of such rule, order, 
regulation, or provision. 
‘‘(2) RELATION TO SECTION 202(c).—Except as provided in 
paragraph (4), an action or omission taken by an owner, oper-
ator, or user of critical electric infrastructure or of defense 
critical electric infrastructure to comply with an order for emer-
gency measures issued under subsection (b)(1) shall be treated 
as an action or omission taken to comply with an order issued 
under section 202(c) for purposes of such section. 
‘‘(3) SHARING OR RECEIPT OF INFORMATION.—No cause of 
action shall lie or be maintained in any Federal or State court 
for the sharing or receipt of information under, and that is 
conducted in accordance with, subsection (d). 
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to require dismissal of a cause of action 
against an entity that, in the course of complying with an 
order for emergency measures issued under subsection (b)(1) 
by taking an action or omission for which they would be liable 
but for paragraph (1) or (2 ), takes such action or omission 
in a grossly negligent manner.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) JURISDICTION.—Section 201(b)(2) of the Federal Power 
Act (16 U.S.C. 824(b)(2)) is amended by inserting ‘‘215A,’’ after 
‘‘215,’’ each place it appears. 
(2) PUBLIC UTILITY.—Section 201(e) of the Federal Power 
Act (16 U.S.C. 824(e)) is amended by inserting ‘‘215A,’’ after 
‘‘215,’’. 
(c) ENHANCED GRID SECURITY.— 
(1) DEFINITIONS.—In this subsection: 
(A) CRITICAL
ELECTRIC
INFRASTRUCTURE; 
CRITICAL 
ELECTRIC INFRASTRUCTURE INFORMATION.—The terms ‘‘crit-
ical electric infrastructure’’ and ‘‘critical electric infrastruc-
ture information’’ have the meanings given those terms 
in section 215A of the Federal Power Act. 
6 USC 121 note. 
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129 STAT. 1779 
PUBLIC LAW 114–94—DEC. 4, 2015 
(B) SECTOR-SPECIFIC AGENCY.—The term ‘‘Sector-Spe-
cific Agency’’ has the meaning given that term in the Presi-
dential Policy Directive entitled ‘‘Critical Infrastructure 
Security and Resilience’’, numbered 21, and dated February 
12, 2013. 
(2) SECTOR-SPECIFIC AGENCY FOR CYBERSECURITY FOR THE 
ENERGY SECTOR.— 
(A) IN GENERAL.—The Department of Energy shall be 
the lead Sector-Specific Agency for cybersecurity for the 
energy sector. 
(B) DUTIES.—As head of the designated Sector-Specific 
Agency for cybersecurity, the duties of the Secretary of 
Energy shall include— 
(i) coordinating with the Department of Homeland 
Security and other relevant Federal departments and 
agencies; 
(ii) collaborating with— 
(I) critical electric infrastructure owners and 
operators; and 
(II) as appropriate— 
(aa) independent regulatory agencies; and 
(bb) State, local, tribal, and territorial 
entities; 
(cc) serving as a day-to-day Federal inter-
face for the dynamic prioritization and 
coordination of sector-specific activities; 
(dd) carrying out incident management 
responsibilities consistent with applicable law 
(including regulations) and other appropriate 
policies or directives; 
(ee) providing, supporting, or facilitating 
technical assistance and consultations for the 
energy sector to identify vulnerabilities and 
help mitigate incidents, as appropriate; and 
(ff) supporting the reporting requirements 
of the Department of Homeland Security 
under applicable law by providing, on an 
annual basis, sector-specific critical electric 
infrastructure information. 
SEC. 61004. STRATEGIC TRANSFORMER RESERVE. 
(a) FINDING.—Congress finds that the storage of strategically 
located spare large power transformers and emergency mobile sub-
stations will reduce the vulnerability of the United States to mul-
tiple risks facing electric grid reliability, including physical attack, 
cyber attack, electromagnetic pulse, geomagnetic disturbances, 
severe weather, and seismic events. 
(b) DEFINITIONS.—In this section: 
(1) BULK-POWER SYSTEM.—The term ‘‘bulk-power system’’ 
has the meaning given such term in section 215(a) of the 
Federal Power Act (16 U.S.C. 824o(a)). 
(2) CRITICALLY
DAMAGED
LARGE
POWER
TRANSFORMER.— 
The term ‘‘critically damaged large power transformer’’ means 
a large power transformer that— 
(A) has sustained extensive damage such that— 
(i) repair or refurbishment is not economically 
viable; or 
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129 STAT. 1780 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) the extensive time to repair or refurbish the 
large power transformer would create an extended 
period of instability in the bulk-power system; and 
(B) prior to sustaining such damage, was part of the 
bulk-power system. 
(3) CRITICAL ELECTRIC INFRASTRUCTURE.—The term ‘‘crit-
ical electric infrastructure’’ has the meaning given that term 
in section 215A of the Federal Power Act. 
(4) ELECTRIC RELIABILITY ORGANIZATION.—The term ‘‘Elec-
tric Reliability Organization’’ has the meaning given such term 
in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). 
(5) EMERGENCY MOBILE SUBSTATION.—The term ‘‘emergency 
mobile substation’’ means a mobile substation or mobile trans-
former that is— 
(A) assembled and permanently mounted on a trailer 
that is capable of highway travel and meets relevant 
Department of Transportation regulations; and 
(B) intended for express deployment and capable of 
being rapidly placed into service. 
(6) LARGE POWER TRANSFORMER.—The term ‘‘large power 
transformer’’ means a power transformer with a maximum 
nameplate rating of 100 megavolt-amperes or higher, including 
related critical equipment, that is, or is intended to be, a 
part of the bulk-power system. 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy. 
(8) SPARE LARGE POWER TRANSFORMER.—The term ‘‘spare 
large power transformer’’ means a large power transformer 
that is stored within the Strategic Transformer Reserve to 
be available to temporarily replace a critically damaged large 
power transformer. 
(c) STRATEGIC TRANSFORMER RESERVE PLAN.— 
(1) PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Secretary, acting through the Office of Elec-
tricity Delivery and Energy Reliability, shall, in consultation 
with the Federal Energy Regulatory Commission, the Electricity 
Sub-sector Coordinating Council, the Electric Reliability 
Organization, and owners and operators of critical electric infra-
structure and defense and military installations, prepare and 
submit to Congress a plan to establish a Strategic Transformer 
Reserve for the storage, in strategically located facilities, of 
spare large power transformers and emergency mobile sub-
stations in sufficient numbers to temporarily replace critically 
damaged large power transformers and substations that are 
critical electric infrastructure or serve defense and military 
installations. 
(2) INCLUSIONS.—The Strategic Transformer Reserve plan 
shall include a description of— 
(A) the appropriate number and type of spare large 
power transformers necessary to provide or restore suffi-
cient resiliency to the bulk-power system, critical electric 
infrastructure, and defense and military installations to 
mitigate significant impacts to the electric grid resulting 
from— 
(i) physical attack; 
(ii) cyber attack; 
(iii) electromagnetic pulse attack; 
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129 STAT. 1781 
PUBLIC LAW 114–94—DEC. 4, 2015 
(iv) geomagnetic disturbances; 
(v) severe weather; or 
(vi) seismic events; 
(B) other critical electric grid equipment for which 
an inventory of spare equipment, including emergency 
mobile substations, is necessary to provide or restore suffi-
cient resiliency to the bulk-power system, critical electric 
infrastructure, and defense and military installations; 
(C) the degree to which utility sector actions or initia-
tives, including individual utility ownership of spare equip-
ment, joint ownership of spare equipment inventory, 
sharing agreements, or other spare equipment reserves 
or arrangements, satisfy the needs identified under sub-
paragraphs (A) and (B); 
(D) the potential locations for, and feasibility and 
appropriate number of, strategic storage locations for 
reserve equipment, including consideration of— 
(i) the physical security of such locations; 
(ii) the protection of the confidentiality of such 
locations; and 
(iii) the proximity of such locations to sites of 
potentially critically damaged large power trans-
formers and substations that are critical electric infra-
structure or serve defense and military installations, 
so as to enable efficient delivery of equipment to such 
sites; 
(E) the necessary degree of flexibility of spare large 
power transformers to be included in the Strategic Trans-
former Reserve to conform to different substation configura-
tions, including consideration of transformer— 
(i) power and voltage rating for each winding; 
(ii) overload requirements; 
(iii) impedance between windings; 
(iv) configuration of windings; and 
(v) tap requirements; 
(F) an estimate of the direct cost of the Strategic Trans-
former Reserve, as proposed, including— 
(i) the cost of storage facilities; 
(ii) the cost of the equipment; and 
(iii) management, maintenance, and operation 
costs; 
(G) the funding options available to establish, stock, 
manage, and maintain the Strategic Transformer Reserve, 
including consideration of fees on owners and operators 
of bulk-power system facilities, critical electric infrastruc-
ture, and defense and military installations relying on the 
Strategic Transformer Reserve, use of Federal appropria-
tions, and public-private cost-sharing options; 
(H) the ease and speed of transportation, installation, 
and energization of spare large power transformers to be 
included in the Strategic Transformer Reserve, including 
consideration of factors such as— 
(i) transformer transportation weight; 
(ii) transformer size; 
(iii) topology of critical substations; 
(iv) 
availability 
of 
appropriate 
transformer 
mounting pads; 
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129 STAT. 1782 
PUBLIC LAW 114–94—DEC. 4, 2015 
(v) flexibility of the spare large power transformers 
as described in subparagraph (E); and 
(vi) ability to rapidly transition a spare large power 
transformer from storage to energization; 
(I) eligibility criteria for withdrawal of equipment from 
the Strategic Transformer Reserve; 
(J) the process by which owners or operators of criti-
cally damaged large power transformers or substations that 
are critical electric infrastructure or serve defense and 
military installations may apply for a withdrawal from 
the Strategic Transformer Reserve; 
(K) the process by which equipment withdrawn from 
the Strategic Transformer Reserve is returned to the Stra-
tegic Transformer Reserve or is replaced; 
(L) possible fees to be paid by users of equipment 
withdrawn from the Strategic Transformer Reserve; 
(M) possible fees to be paid by owners and operators 
of large power transformers and substations that are crit-
ical electric infrastructure or serve defense and military 
installations to cover operating costs of the Strategic Trans-
former Reserve; 
(N) the domestic and international large power trans-
former supply chain; 
(O) the potential reliability, cost, and operational bene-
fits of including emergency mobile substations in any Stra-
tegic Transformer Reserve established under this section; 
and 
(P) other considerations for designing, constructing, 
stocking, funding, and managing the Strategic Transformer 
Reserve. 
(d) DISCLOSURE OF INFORMATION.—Any information included 
in the Strategic Transformer Reserve plan, or shared in the prepara-
tion and development of such plan, the disclosure of which could 
cause harm to critical electric infrastructure, shall be exempt from 
disclosure under section 552(b)(3) of title 5, United States Code, 
and any State, tribal, or local law requiring disclosure of information 
or records. 
SEC. 61005. ENERGY SECURITY VALUATION. 
(a) 
ESTABLISHMENT
OF
ENERGY
SECURITY
VALUATION 
METHODS.—Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in collaboration with the 
Secretary of State, shall develop and transmit, after public notice 
and comment, to the Committee on Energy and Commerce and 
the Committee on Foreign Affairs of the House of Representatives 
and the Committee on Energy and Natural Resources and the 
Committee on Foreign Relations of the Senate a report that includes 
recommended United States energy security valuation methods. 
In developing the report, the Secretaries may consider the rec-
ommendations of the Administration’s Quadrennial Energy Review 
released on April 21, 2015. The report shall— 
(1) evaluate and define United States energy security to 
reflect modern domestic and global energy markets and the 
collective needs of the United States and its allies and partners; 
(2) identify transparent and uniform or coordinated proce-
dures and criteria to ensure that energy-related actions that 
significantly affect the supply, distribution, or use of energy 
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129 STAT. 1783 
PUBLIC LAW 114–94—DEC. 4, 2015 
are evaluated with respect to their potential impact on energy 
security, including their impact on— 
(A) consumers and the economy; 
(B) energy supply diversity and resiliency; 
(C) well-functioning and competitive energy markets; 
(D) United States trade balance; and 
(E) national security objectives; and 
(3) include a recommended implementation strategy that 
identifies and aims to ensure that the procedures and criteria 
referred to in paragraph (2) are— 
(A) evaluated consistently across the Federal Govern-
ment; and 
(B) weighed appropriately and balanced with environ-
mental considerations required by Federal law. 
(b) PARTICIPATION.—In developing the report referred to in 
subsection (a), the Secretaries may consult with relevant Federal, 
State, private sector, and international participants, as appropriate 
and consistent with applicable law. 
DIVISION G—FINANCIAL SERVICES 
TITLE LXXI—IMPROVING ACCESS TO 
CAPITAL FOR EMERGING GROWTH 
COMPANIES 
SEC. 71001. FILING REQUIREMENT FOR PUBLIC FILING PRIOR TO 
PUBLIC OFFERING. 
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1)) 
is amended by striking ‘‘21 days’’ and inserting ‘‘15 days’’. 
SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING 
GROWTH COMPANIES. 
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1)) 
is further amended by adding at the end the following: ‘‘An issuer 
that was an emerging growth company at the time it submitted 
a confidential registration statement or, in lieu thereof, a publicly 
filed registration statement for review under this subsection but 
ceases to be an emerging growth company thereafter shall continue 
to be treated as an emerging market growth company for the 
purposes of this subsection through the earlier of the date on 
which the issuer consummates its initial public offering pursuant 
to such registrations statement or the end of the 1-year period 
beginning on the date the company ceases to be an emerging growth 
company.’’. 
SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING 
GROWTH COMPANIES. 
Section 102 of the Jumpstart Our Business Startups Act (Public 
Law 112–106) is amended by adding at the end the following: 
‘‘(d) SIMPLIFIED DISCLOSURE REQUIREMENTS.—With respect to 
an emerging growth company (as such term is defined under section 
2 of the Securities Act of 1933): 
‘‘(1) REQUIREMENT TO INCLUDE NOTICE ON FORMS S–1 AND 
F–1.—Not later than 30 days after the date of enactment of 
this subsection, the Securities and Exchange Commission shall 
15 USC 77g note. 
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129 STAT. 1784 
PUBLIC LAW 114–94—DEC. 4, 2015 
revise its general instructions on Forms S–1 and F–1 to indicate 
that a registration statement filed (or submitted for confidential 
review) by an issuer prior to an initial public offering may 
omit financial information for historical periods otherwise 
required by regulation S–X (17 CFR 210.1–01 et seq.) as of 
the time of filing (or confidential submission) of such registra-
tion statement, provided that— 
‘‘(A) the omitted financial information relates to a 
historical period that the issuer reasonably believes will 
not be required to be included in the Form S–1 or F– 
1 at the time of the contemplated offering; and 
‘‘(B) prior to the issuer distributing a preliminary pro-
spectus to investors, such registration statement is 
amended to include all financial information required by 
such regulation S–X at the date of such amendment. 
‘‘(2) RELIANCE
BY
ISSUERS.—Effective 30 days after the 
date of enactment of this subsection, an issuer filing a registra-
tion statement (or submitting the statement for confidential 
review) on Form S–1 or Form F–1 may omit financial informa-
tion for historical periods otherwise required by regulation S– 
X (17 CFR 210.1–01 et seq.) as of the time of filing (or confiden-
tial submission) of such registration statement, provided that— 
‘‘(A) the omitted financial information relates to a 
historical period that the issuer reasonably believes will 
not be required to be included in the Form S–1 or Form 
F–1 at the time of the contemplated offering; and 
‘‘(B) prior to the issuer distributing a preliminary pro-
spectus to investors, such registration statement is 
amended to include all financial information required by 
such regulation S–X at the date of such amendment.’’. 
TITLE LXXII—DISCLOSURE 
MODERNIZATION AND SIMPLIFICATION 
SEC. 72001. SUMMARY PAGE FOR FORM 10–K. 
Not later than the end of the 180-day period beginning on 
the date of the enactment of this Act, the Securities and Exchange 
Commission shall issue regulations to permit issuers to submit 
a summary page on form 10–K (17 CFR 249.310), but only if 
each item on such summary page includes a cross-reference (by 
electronic link or otherwise) to the material contained in form 
10–K to which such item relates. 
SEC. 72002. IMPROVEMENT OF REGULATION S–K. 
Not later than the end of the 180-day period beginning on 
the date of the enactment of this Act, the Securities and Exchange 
Commission shall take all such actions to revise regulation S– 
K (17 CFR 229.10 et seq.)— 
(1) to further scale or eliminate requirements of regulation 
S–K, in order to reduce the burden on emerging growth compa-
nies, accelerated filers, smaller reporting companies, and other 
smaller issuers, while still providing all material information 
to investors; 
(2) to eliminate provisions of regulation S–K, required for 
all issuers, that are duplicative, overlapping, outdated, or 
unnecessary; and 
15 USC 77g note. 
15 USC 78m 
note. 
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129 STAT. 1785 
PUBLIC LAW 114–94—DEC. 4, 2015 
(3) for which the Commission determines that no further 
study under section 72203 is necessary to determine the efficacy 
of such revisions to regulation S–K. 
SEC. 72003. STUDY ON MODERNIZATION AND SIMPLIFICATION OF 
REGULATION S–K. 
(a) STUDY.—The Securities and Exchange Commission shall 
carry out a study of the requirements contained in regulation S– 
K (17 CFR 229.10 et seq.). Such study shall— 
(1) determine how best to modernize and simplify such 
requirements in a manner that reduces the costs and burdens 
on issuers while still providing all material information; 
(2) emphasize a company by company approach that allows 
relevant and material information to be disseminated to inves-
tors without boilerplate language or static requirements while 
preserving completeness and comparability of information 
across registrants; and 
(3) evaluate methods of information delivery and presen-
tation and explore methods for discouraging repetition and 
the disclosure of immaterial information. 
(b) CONSULTATION.—In conducting the study required under 
subsection (a), the Commission shall consult with the Investor 
Advisory Committee and the Advisory Committee on Small and 
Emerging Companies. 
(c) REPORT.—Not later than the end of the 360-day period 
beginning on the date of enactment of this Act, the Commission 
shall issue a report to the Congress containing— 
(1) all findings and determinations made in carrying out 
the study required under subsection (a); 
(2) specific and detailed recommendations on modernizing 
and simplifying the requirements in regulation S–K in a 
manner that reduces the costs and burdens on companies while 
still providing all material information; and 
(3) specific and detailed recommendations on ways to 
improve the readability and navigability of disclosure docu-
ments and to discourage repetition and the disclosure of 
immaterial information. 
(d) RULEMAKING.—Not later than the end of the 360-day period 
beginning on the date that the report is issued to the Congress 
under subsection (c), the Commission shall issue a proposed rule 
to implement the recommendations of the report issued under sub-
section (c). 
(e) RULE OF CONSTRUCTION.—Revisions made to regulation S– 
K by the Commission under section 202 shall not be construed 
as satisfying the rulemaking requirements under this section. 
TITLE LXXIII—BULLION AND COLLECT-
IBLE COIN PRODUCTION EFFICIENCY 
AND COST SAVINGS 
SEC. 73001. TECHNICAL CORRECTIONS. 
Title 31, United States Code, is amended— 
(1) in section 5112— 
(A) in subsection (q)— 
(i) by striking paragraphs (3) and (8); and 
15 USC 77s note. 
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129 STAT. 1786 
PUBLIC LAW 114–94—DEC. 4, 2015 
(ii) by redesignating paragraphs (4), (5), (6), and 
(7) as paragraphs (3), (4), (5), and (6), respectively; 
(B) in subsection (t)(6)(B), by striking ‘‘90 percent silver 
and 10 percent copper’’ and inserting ‘‘not less than 90 
percent silver’’; and 
(C) in subsection (v)— 
(i) in paragraph (1), by striking ‘‘Subject to’’ and 
all that follows through ‘‘the Secretary shall’’ and 
inserting ‘‘The Secretary shall’’; 
(ii) in paragraph (2)(A), by striking ‘‘The Secretary’’ 
and inserting ‘‘To the greatest extent possible, the Sec-
retary’’; 
(iii) in paragraph (5), by inserting after ‘‘may issue’’ 
the following: ‘‘collectible versions of’’; and 
(iv) by striking paragraph (8); and 
(2) in section 5132(a)(2)(B)(i), by striking ‘‘90 percent silver 
and 10 percent copper’’ and inserting ‘‘not less than 90 percent 
silver’’. 
SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY. 
Proof and uncirculated versions of coins issued by the Secretary 
of the Treasury pursuant to subsection (e) of section 5112 of title 
31, United States Code, during calendar year 2016 shall have 
a smooth edge incused with a designation that notes the 30th 
anniversary of the first issue of coins under such subsection. 
TITLE LXXIV—SBIC ADVISERS RELIEF 
SEC. 74001. ADVISERS OF SBICS AND VENTURE CAPITAL FUNDS. 
Section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C. 
80b–3(l)) is amended— 
(1) by striking ‘‘No investment adviser’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—No investment adviser’’; and 
(2) by adding at the end the following: 
‘‘(2) ADVISERS OF SBICS.—For purposes of this subsection, 
a venture capital fund includes an entity described in subpara-
graph (A), (B), or (C) of subsection (b)(7) (other than an entity 
that has elected to be regulated or is regulated as a business 
development company pursuant to section 54 of the Investment 
Company Act of 1940).’’. 
SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS. 
Section 203(m) of the Investment Advisers Act of 1940 (15 
U.S.C. 80b–3(m)) is amended by adding at the end the following: 
‘‘(3) ADVISERS OF SBICS.—For purposes of this subsection, 
the assets under management of a private fund that is an 
entity described in subparagraph (A), (B), or (C) of subsection 
(b)(7) (other than an entity that has elected to be regulated 
or is regulated as a business development company pursuant 
to section 54 of the Investment Company Act of 1940) shall 
be excluded from the limit set forth in paragraph (1).’’. 
SEC. 74003. RELATIONSHIP TO STATE LAW. 
Section 203A(b)(1) of the Investment Advisers Act of 1940 (15 
U.S.C. 80b–3a(b)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at the end; 
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PUBLIC LAW 114–94—DEC. 4, 2015 
(2) in subparagraph (B), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) that is not registered under section 203 because 
that person is exempt from registration as provided in 
subsection (b)(7) of such section, or is a supervised person 
of such person.’’. 
TITLE LXXV—ELIMINATE PRIVACY 
NOTICE CONFUSION 
SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT 
UNDER THE GRAMM-LEACH-BLILEY ACT. 
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) 
is amended by adding at the end the following: 
‘‘(f) EXCEPTION TO ANNUAL NOTICE REQUIREMENT.—A financial 
institution that— 
‘‘(1) provides nonpublic personal information only in accord-
ance with the provisions of subsection (b)(2) or (e) of section 
502 or regulations prescribed under section 504(b), and 
‘‘(2) has not changed its policies and practices with regard 
to disclosing nonpublic personal information from the policies 
and practices that were disclosed in the most recent disclosure 
sent to consumers in accordance with this section, 
shall not be required to provide an annual disclosure under this 
section until such time as the financial institution fails to comply 
with any criteria described in paragraph (1) or (2).’’. 
TITLE LXXVI—REFORMING ACCESS FOR 
INVESTMENTS IN STARTUP ENTER-
PRISES 
SEC. 76001. EXEMPTED TRANSACTIONS. 
(a) EXEMPTED TRANSACTIONS.—Section 4 of the Securities Act 
of 1933 (15 U.S.C. 77d) is amended— 
(1) in subsection (a), by adding at the end the following 
new paragraph: 
‘‘(7) transactions meeting the requirements of subsection 
(d).’’; 
(2) by redesignating the second subsection (b) (relating 
to securities offered and sold in compliance with Rule 506 
of Regulation D) as subsection (c); and 
(3) by adding at the end the following: 
‘‘(d) CERTAIN ACCREDITED INVESTOR TRANSACTIONS.—The trans-
actions referred to in subsection (a)(7) are transactions meeting 
the following requirements: 
‘‘(1) ACCREDITED INVESTOR REQUIREMENT.—Each purchaser 
is an accredited investor, as that term is defined in section 
230.501(a) of title 17, Code of Federal Regulations (or any 
successor regulation). 
‘‘(2) PROHIBITION
ON
GENERAL
SOLICITATION
OR
ADVER-
TISING.—Neither the seller, nor any person acting on the seller’s 
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129 STAT. 1788 
PUBLIC LAW 114–94—DEC. 4, 2015 
behalf, offers or sells securities by any form of general solicita-
tion or general advertising. 
‘‘(3) INFORMATION REQUIREMENT.—In the case of a trans-
action involving the securities of an issuer that is neither 
subject to section 13 or 15(d) of the Securities Exchange Act 
of 1934 (15 U.S.C. 78m; 78o(d)), nor exempt from reporting 
pursuant to section 240.12g3–2(b) of title 17, Code of Federal 
Regulations, nor a foreign government (as defined in section 
230.405 of title 17, Code of Federal Regulations) eligible to 
register securities under Schedule B, the seller and a prospec-
tive purchaser designated by the seller obtain from the issuer, 
upon request of the seller, and the seller in all cases makes 
available to a prospective purchaser, the following information 
(which shall be reasonably current in relation to the date of 
resale under this section): 
‘‘(A) The exact name of the issuer and the issuer’s 
predecessor (if any). 
‘‘(B) The address of the issuer’s principal executive 
offices. 
‘‘(C) The exact title and class of the security. 
‘‘(D) The par or stated value of the security. 
‘‘(E) The number of shares or total amount of the 
securities outstanding as of the end of the issuer’s most 
recent fiscal year. 
‘‘(F) The name and address of the transfer agent, cor-
porate secretary, or other person responsible for transfer-
ring shares and stock certificates. 
‘‘(G) A statement of the nature of the business of the 
issuer and the products and services it offers, which shall 
be presumed reasonably current if the statement is as 
of 12 months before the transaction date. 
‘‘(H) The names of the officers and directors of the 
issuer. 
‘‘(I) The names of any persons registered as a broker, 
dealer, or agent that shall be paid or given, directly or 
indirectly, any commission or remuneration for such per-
son’s participation in the offer or sale of the securities. 
‘‘(J) The issuer’s most recent balance sheet and profit 
and loss statement and similar financial statements, which 
shall— 
‘‘(i) be for such part of the 2 preceding fiscal years 
as the issuer has been in operation; 
‘‘(ii) be prepared in accordance with generally 
accepted accounting principles or, in the case of a 
foreign private issuer, be prepared in accordance with 
generally accepted accounting principles or the Inter-
national Financial Reporting Standards issued by the 
International Accounting Standards Board; 
‘‘(iii) be presumed reasonably current if— 
‘‘(I) with respect to the balance sheet, the bal-
ance sheet is as of a date less than 16 months 
before the transaction date; and 
‘‘(II) with respect to the profit and loss state-
ment, such statement is for the 12 months pre-
ceding the date of the issuer’s balance sheet; and 
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129 STAT. 1789 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(iv) if the balance sheet is not as of a date less 
than 6 months before the transaction date, be accom-
panied by additional statements of profit and loss for 
the period from the date of such balance sheet to 
a date less than 6 months before the transaction date. 
‘‘(K) To the extent that the seller is a control person 
with respect to the issuer, a brief statement regarding 
the nature of the affiliation, and a statement certified 
by such seller that they have no reasonable grounds to 
believe that the issuer is in violation of the securities 
laws or regulations. 
‘‘(4) ISSUERS DISQUALIFIED.—The transaction is not for the 
sale of a security where the seller is an issuer or a subsidiary, 
either directly or indirectly, of the issuer. 
‘‘(5) BAD ACTOR PROHIBITION.—Neither the seller, nor any 
person that has been or will be paid (directly or indirectly) 
remuneration or a commission for their participation in the 
offer or sale of the securities, including solicitation of purchasers 
for the seller is subject to an event that would disqualify 
an issuer or other covered person under Rule 506(d)(1) of Regu-
lation D (17 CFR 230.506(d)(1)) or is subject to a statutory 
disqualification described under section 3(a)(39) of the Securi-
ties Exchange Act of 1934. 
‘‘(6) BUSINESS
REQUIREMENT.—The issuer is engaged in 
business, is not in the organizational stage or in bankruptcy 
or receivership, and is not a blank check, blind pool, or shell 
company that has no specific business plan or purpose or has 
indicated that the issuer’s primary business plan is to engage 
in a merger or combination of the business with, or an acquisi-
tion of, an unidentified person. 
‘‘(7) UNDERWRITER
PROHIBITION.—The transaction is not 
with respect to a security that constitutes the whole or part 
of an unsold allotment to, or a subscription or participation 
by, a broker or dealer as an underwriter of the security or 
a redistribution. 
‘‘(8) OUTSTANDING CLASS REQUIREMENT.—The transaction 
is with respect to a security of a class that has been authorized 
and outstanding for at least 90 days prior to the date of the 
transaction. 
‘‘(e) ADDITIONAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—With respect to an exempted transaction 
described under subsection (a)(7): 
‘‘(A) Securities acquired in such transaction shall be 
deemed to have been acquired in a transaction not involving 
any public offering. 
‘‘(B) Such transaction shall be deemed not to be a 
distribution for purposes of section 2(a)(11). 
‘‘(C) Securities involved in such transaction shall be 
deemed to be restricted securities within the meaning of 
Rule 144 (17 CFR 230.144). 
‘‘(2) RULE OF CONSTRUCTION.—The exemption provided by 
subsection (a)(7) shall not be the exclusive means for estab-
lishing an exemption from the registration requirements of 
section 5.’’. 
(b) EXEMPTION
IN
CONNECTION
WITH
CERTAIN
EXEMPT 
OFFERINGS.—Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 
77r(b)(4)) is amended— 
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129 STAT. 1790 
PUBLIC LAW 114–94—DEC. 4, 2015 
(1) by redesignating the second subparagraph (D) and 
subparagraph (E) as subparagraphs (E) and (F), respectively; 
(2) in subparagraph (E), as so redesignated, by striking 
‘‘; or’’ and inserting a semicolon; 
(3) in subparagraph (F), as so redesignated, by striking 
the period and inserting ‘‘; or’’; and 
(4) by adding at the end the following new subparagraph: 
‘‘(G) section 4(a)(7).’’. 
TITLE 
LXXVII—PRESERVATION 
EN-
HANCEMENT AND SAVINGS OPPOR-
TUNITY 
SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS. 
Section 222 of the Low-Income Housing Preservation and Resi-
dent Homeownership Act of 1990 (12 U.S.C. 4112) is amended 
by adding at the end the following new subsection: 
‘‘(e) DISTRIBUTION AND RESIDUAL RECEIPTS.— 
‘‘(1) AUTHORITY.—After the date of the enactment of this 
subsection, the owner of a property subject to a plan of action 
or use agreement pursuant to this section shall be entitled 
to distribute— 
‘‘(A) annually, all surplus cash generated by the prop-
erty, but only if the owner is in material compliance with 
such use agreement including compliance with prevailing 
physical condition standards established by the Secretary; 
and 
‘‘(B) notwithstanding any conflicting provision in such 
use agreement, any funds accumulated in a residual 
receipts account, but only if the owner is in material compli-
ance with such use agreement and has completed, or set 
aside sufficient funds for completion of, any capital repairs 
identified by the most recent third party capital needs 
assessment. 
‘‘(2) OPERATION OF PROPERTY.—An owner that distributes 
any amounts pursuant to paragraph (1) shall— 
‘‘(A) continue to operate the property in accordance 
with the affordability provisions of the use agreement for 
the property for the remaining useful life of the property; 
‘‘(B) as required by the plan of action for the property, 
continue to renew or extend any project-based rental assist-
ance contract for a term of not less than 20 years; and 
‘‘(C) if the owner has an existing multi-year project- 
based rental assistance contract for less than 20 years, 
have the option to extend the contract to a 20-year term.’’. 
SEC. 77002. FUTURE REFINANCINGS. 
Section 214 of the Low-Income Housing Preservation and Resi-
dent Homeownership Act of 1990 (12 U.S.C. 4104) is amended 
by adding at the end the following new subsection: 
‘‘(c) FUTURE FINANCING.—Neither this section, nor any plan 
of action or use agreement implementing this section, shall restrict 
an owner from obtaining a new loan or refinancing an existing 
loan secured by the project, or from distributing the proceeds of 
such a loan; except that, in conjunction with such refinancing— 
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129 STAT. 1791 
PUBLIC LAW 114–94—DEC. 4, 2015 
‘‘(1) the owner shall provide for adequate rehabilitation 
pursuant to a capital needs assessment to ensure long-term 
sustainability of the property satisfactory to the lender or bond 
issuance agency; 
‘‘(2) any resulting budget-based rent increase shall include 
debt service on the new financing, commercially reasonable 
debt service coverage, and replacement reserves as required 
by the lender; and 
‘‘(3) for tenants of dwelling units not covered by a project- 
or tenant-based rental subsidy, any rent increases resulting 
from the refinancing transaction may not exceed 10 percent 
per year, except that— 
‘‘(A) any tenant occupying a dwelling unit as of time 
of the refinancing may not be required to pay for rent 
and utilities, for the duration of such tenancy, an amount 
that exceeds the greater of— 
‘‘(i) 30 percent of the tenant’s income; or 
‘‘(ii) the amount paid by the tenant for rent and 
utilities immediately before such refinancing; and 
‘‘(B) this paragraph shall not apply to any tenant who 
does not provide the owner with proof of income. 
Paragraph (3) may not be construed to limit any rent increases 
resulting from increased operating costs for a project.’’. 
SEC. 77003. IMPLEMENTATION. 
The Secretary of Housing and Urban Development shall issue 
any guidance that the Secretary considers necessary to carry out 
the provisions added by the amendments made by this title not 
later than the expiration of the 120-day period beginning on the 
date of the enactment of this Act. 
TITLE LXXVIII—TENANT INCOME 
VERIFICATION RELIEF 
SEC. 78001. REVIEWS OF FAMILY INCOMES. 
(a) IN GENERAL.—The second sentence of paragraph (1) of sec-
tion 3(a) of the United States Housing Act of 1937 (42 U.S.C. 
1437a(a)(1)) is amended by inserting before the period at the end 
the following: ‘‘; except that, in the case of any family with a 
fixed income, as defined by the Secretary, after the initial review 
of the family’s income, the public housing agency or owner shall 
not be required to conduct a review of the family’s income for 
any year for which such family certifies, in accordance with such 
requirements as the Secretary shall establish, which shall include 
policies to adjust for inflation-based income changes, that 90 percent 
or more of the income of the family consists of fixed income, and 
that the sources of such income have not changed since the previous 
year, except that the public housing agency or owner shall conduct 
a review of each such family’s income not less than once every 
3 years’’. 
(b) HOUSING CHOICE VOUCHER PROGRAM.—Subparagraph (A) 
of section 8(o)(5) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(5)(A)) is amended by striking ‘‘not less than 
annually’’ and inserting ‘‘as required by section 3(a)(1) of this Act’’. 
12 USC 4104 
note. 
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129 STAT. 1792 
PUBLIC LAW 114–94—DEC. 4, 2015 
TITLE LXXIX—HOUSING ASSISTANCE 
EFFICIENCY 
SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE. 
Subsection (g) of section 423 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11383(g)) is amended by inserting ‘‘private 
nonprofit organization,’’ after ‘‘unit of general local government,’’. 
SEC. 79002. REALLOCATION OF FUNDS. 
Paragraph (1) of section 414(d) of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11373(d)(1)) is amended by striking 
‘‘twice’’ and inserting ‘‘once’’. 
TITLE LXXX—CHILD SUPPORT 
ASSISTANCE 
SEC. 80001. REQUESTS FOR CONSUMER REPORTS BY STATE OR LOCAL 
CHILD SUPPORT ENFORCEMENT AGENCIES. 
Paragraph (4) of section 604(a) of the Fair Credit Reporting 
Act (15 U.S.C. 1681b(a)(4)) is amended— 
(1) in subparagraph (A), by striking ‘‘or determining the 
appropriate level of such payments’’ and inserting ‘‘, deter-
mining the appropriate level of such payments, or enforcing 
a child support order, award, agreement, or judgment’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘paternity’’ and inserting ‘‘parentage’’; 
and 
(B) by adding ‘‘and’’ at the end; 
(3) by striking subparagraph (C); and 
(4) by redesignating subparagraph (D) as subparagraph 
(C). 
TITLE LXXXI—PRIVATE INVESTMENT IN 
HOUSING 
SEC. 81001. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR 
ENERGY AND WATER CONSERVATION IMPROVEMENTS 
AT MULTIFAMILY RESIDENTIAL UNITS. 
(a) ESTABLISHMENT.—The Secretary of Housing and Urban 
Development (in this section referred to as the ‘‘Secretary’’) shall 
establish a demonstration program under which the Secretary may 
execute budget-neutral, performance-based agreements in fiscal 
years 2016 through 2019 that result in a reduction in energy 
or water costs with such entities as the Secretary determines to 
be appropriate under which the entities shall carry out projects 
for energy or water conservation improvements at not more than 
20,000 residential units in multifamily buildings participating in— 
(1) the project-based rental assistance program under sec-
tion 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f), other than assistance provided under section 8(o) of 
that Act; 
42 USC 12712 
note. 
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129 STAT. 1793 
PUBLIC LAW 114–94—DEC. 4, 2015 
(2) the supportive housing for the elderly program under 
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); 
or 
(3) the supportive housing for persons with disabilities 
program under section 811(d)(2) of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013(d)(2)). 
(b) REQUIREMENTS.— 
(1) PAYMENTS CONTINGENT ON SAVINGS.— 
(A) IN GENERAL.—The Secretary shall provide to an 
entity a payment under an agreement under this section 
only during applicable years for which an energy or water 
cost savings is achieved with respect to the applicable 
multifamily portfolio of properties, as determined by the 
Secretary, in accordance with subparagraph (B). 
(B) PAYMENT METHODOLOGY.— 
(i) IN GENERAL.—Each agreement under this sec-
tion shall include a pay-for-success provision that— 
(I) shall serve as a payment threshold for the 
term of the agreement; and 
(II) requires that payments shall be contingent 
on realized cost savings associated with reduced 
utility consumption in the participating properties. 
(ii) LIMITATIONS.—A payment made by the Sec-
retary under an agreement under this section— 
(I) shall be contingent on documented utility 
savings; and 
(II) shall not exceed the utility savings 
achieved by the date of the payment, and not 
previously paid, as a result of the improvements 
made under the agreement. 
(C) THIRD-PARTY
VERIFICATION.—Savings payments 
made by the Secretary under this section shall be based 
on a measurement and verification protocol that includes 
at least— 
(i) establishment of a weather-normalized and 
occupancy-normalized utility consumption baseline 
established pre-retrofit; 
(ii) annual third-party confirmation of actual 
utility consumption and cost for utilities; 
(iii) annual third-party validation of the tenant 
utility allowances in effect during the applicable year 
and vacancy rates for each unit type; and 
(iv) annual third-party determination of savings 
to the Secretary. 
An agreement under this section with an entity shall pro-
vide that the entity shall cover costs associated with third- 
party verification under this subparagraph. 
(2) 
TERMS
OF
PERFORMANCE-BASED
AGREEMENTS.—A 
performance-based agreement under this section shall include— 
(A) the period that the agreement will be in effect 
and during which payments may be made, which may 
not be longer than 12 years; 
(B) the performance measures that will serve as pay-
ment thresholds during the term of the agreement; 
(C) an audit protocol for the properties covered by 
the agreement; 
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129 STAT. 1794 
PUBLIC LAW 114–94—DEC. 4, 2015 
(D) a requirement that payments shall be contingent 
on realized cost savings associated with reduced utility 
consumption in the participating properties; and 
(E) such other requirements and terms as determined 
to be appropriate by the Secretary. 
(3) ENTITY ELIGIBILITY.—The Secretary shall— 
(A) establish a competitive process for entering into 
agreements under this section; and 
(B) enter into such agreements only with entities that, 
either jointly or individually, demonstrate significant 
experience relating to— 
(i) financing or operating properties receiving 
assistance under a program identified in subsection 
(a); 
(ii) oversight of energy or water conservation pro-
grams, including oversight of contractors; and 
(iii) raising capital for energy or water conservation 
improvements from charitable organizations or private 
investors. 
(4) GEOGRAPHICAL
DIVERSITY.—Each agreement entered 
into under this section shall provide for the inclusion of prop-
erties with the greatest feasible regional and State variance. 
(5) PROPERTIES.—A property may only be included in the 
demonstration under this section only if the property is subject 
to affordability restrictions for at least 15 years after the date 
of the completion of any conservation improvements made to 
the property under the demonstration program. Such restric-
tions may be made through an extended affordability agreement 
for the property under a new housing assistance payments 
contract with the Secretary of Housing and Urban Development 
or through an enforceable covenant with the owner of the 
property. 
(c) PLAN AND REPORTS.— 
(1) PLAN.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary shall submit to the Committees 
on Appropriations and Financial Services of the House of Rep-
resentatives and the Committees on Appropriations and 
Banking, Housing, and Urban Affairs of the Senate a detailed 
plan for the implementation of this section. 
(2) REPORTS.—Not later than 1 year after the date of enact-
ment of this Act, and annually thereafter, the Secretary shall— 
(A) conduct an evaluation of the program under this 
section; and 
(B) submit to Congress a report describing each evalua-
tion conducted under subparagraph (A). 
(d) FUNDING.—For each fiscal year during which an agreement 
under this section is in effect, the Secretary may use to carry 
out this section any funds appropriated to the Secretary for the 
renewal of contracts under a program described in subsection (a). 
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129 STAT. 1795 
PUBLIC LAW 114–94—DEC. 4, 2015 
TITLE LXXXII—CAPITAL ACCESS FOR 
SMALL COMMUNITY FINANCIAL INSTI-
TUTIONS 
SEC. 82001. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO 
BECOME MEMBERS OF A FEDERAL HOME LOAN BANK. 
(a) IN GENERAL.—Section 4(a) of the Federal Home Loan Bank 
Act (12 U.S.C. 1424(a)) is amended by adding at the end the 
following new paragraph: 
‘‘(5) CERTAIN PRIVATELY INSURED CREDIT UNIONS.— 
‘‘(A) IN
GENERAL.—Subject to the requirements of 
subparagraph (B), a credit union shall be treated as an 
insured depository institution for purposes of determining 
the eligibility of such credit union for membership in a 
Federal home loan bank under paragraphs (1), (2), and 
(3). 
‘‘(B) CERTIFICATION BY APPROPRIATE SUPERVISOR.— 
‘‘(i) IN GENERAL.—For purposes of this paragraph 
and subject to clause (ii), a credit union which lacks 
Federal deposit insurance and which has applied for 
membership in a Federal home loan bank may be 
treated as meeting all the eligibility requirements for 
Federal deposit insurance only if the appropriate 
supervisor of the State in which the credit union is 
chartered has determined that the credit union meets 
all the eligibility requirements for Federal deposit 
insurance as of the date of the application for member-
ship. 
‘‘(ii) CERTIFICATION DEEMED VALID.—If, in the case 
of any credit union to which clause (i) applies, the 
appropriate supervisor of the State in which such credit 
union is chartered fails to make a determination pursu-
ant to such clause by the end of the 6-month period 
beginning on the date of the application, the credit 
union shall be deemed to have met the requirements 
of clause (i). 
‘‘(C) SECURITY INTERESTS OF FEDERAL HOME LOAN BANK 
NOT AVOIDABLE.—Notwithstanding any provision of State 
law authorizing a conservator or liquidating agent of a 
credit union to repudiate contracts, no such provision shall 
apply with respect to— 
‘‘(i) any extension of credit from any Federal home 
loan bank to any credit union which is a member 
of any such bank pursuant to this paragraph; or 
‘‘(ii) any security interest in the assets of such 
credit union securing any such extension of credit. 
‘‘(D) PROTECTION FOR CERTAIN FEDERAL HOME LOAN 
BANK ADVANCES.—Notwithstanding any State law to the 
contrary, if a Bank makes an advance under section 10 
to a State-chartered credit union that is not federally 
insured— 
‘‘(i) the Bank’s interest in any collateral securing 
such advance has the same priority and is afforded 
the same standing and rights that the security interest 
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129 STAT. 1796 
PUBLIC LAW 114–94—DEC. 4, 2015 
would have had if the advance had been made to 
a federally insured credit union; and 
‘‘(ii) the Bank has the same right to access such 
collateral that the Bank would have had if the advance 
had been made to a federally insured credit union.’’. 
(b) COPIES OF AUDITS OF PRIVATE INSURERS OF CERTAIN DEPOSI-
TORY INSTITUTIONS REQUIRED TO BE PROVIDED TO SUPERVISORY 
AGENCIES.—Section 43(a)(2)(A) of the Federal Deposit Insurance 
Act (12 U.S.C. 1831t(a)(2)(A)) is amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause (ii), by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by inserting at the end the following new clause: 
‘‘(iii) in the case of depository institutions described 
in subsection (e)(2)(A) the deposits of which are insured 
by the private insurer which are members of a Federal 
home loan bank, to the Federal Housing Finance 
Agency, not later than 7 days after the audit is com-
pleted.’’. 
SEC. 82002. GAO REPORT. 
Not later than 18 months after the date of enactment of this 
Act, the Comptroller General of the United States shall conduct 
a study and submit a report to Congress— 
(1) on the adequacy of insurance reserves held by a private 
deposit insurer that insures deposits in an entity described 
in section 43(e)(2)(A) of the Federal Deposit Insurance Act 
(12 U.S.C. 1831t(e)(2)(A)); and 
(2) for an entity described in paragraph (1) the deposits 
of which are insured by a private deposit insurer, information 
on the level of compliance with Federal regulations relating 
to the disclosure of a lack of Federal deposit insurance. 
TITLE LXXXIII—SMALL BANK EXAM 
CYCLE REFORM 
SEC. 83001. SMALLER INSTITUTIONS QUALIFYING FOR 18-MONTH 
EXAMINATION CYCLE. 
Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C. 
1820(d)) is amended— 
(1) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘$500,000,000’’ 
and inserting ‘‘$1,000,000,000’’; and 
(B) in subparagraph (C)(ii), by striking ‘‘$100,000,000’’ 
and inserting ‘‘$200,000,000’’; and 
(2) in paragraph (10)— 
(A) 
by 
striking 
‘‘$100,000,000’’ 
and 
inserting 
‘‘$200,000,000’’; and 
(B) 
by 
striking 
‘‘$500,000,000’’ 
and 
inserting 
‘‘$1,000,000,000’’. 
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129 STAT. 1797 
PUBLIC LAW 114–94—DEC. 4, 2015 
TITLE LXXXIV—SMALL COMPANY 
SIMPLE REGISTRATION 
SEC. 84001. FORWARD INCORPORATION BY REFERENCE FOR FORM 
S–1. 
Not later than 45 days after the date of the enactment of 
this Act, the Securities and Exchange Commission shall revise 
Form S–1 so as to permit a smaller reporting company (as defined 
in section 230.405 of title 17, Code of Federal Regulations) to 
incorporate by reference in a registration statement filed on such 
form any documents that such company files with the Commission 
after the effective date of such registration statement. 
TITLE 
LXXXV—HOLDING 
COMPANY 
REGISTRATION THRESHOLD EQUALI-
ZATION 
SEC. 85001. REGISTRATION THRESHOLD FOR SAVINGS AND LOAN 
HOLDING COMPANIES. 
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 
is amended— 
(1) in section 12(g)— 
(A) in paragraph (1)(B), by inserting after ‘‘is a bank’’ 
the following: ‘‘, a savings and loan holding company (as 
defined in section 10 of the Home Owners’ Loan Act),’’; 
and 
(B) in paragraph (4), by inserting after ‘‘case of a 
bank’’ the following: ‘‘, a savings and loan holding company 
(as defined in section 10 of the Home Owners’ Loan Act),’’; 
and 
(2) in section 15(d), by striking ‘‘case of bank’’ and inserting 
the following: ‘‘case of a bank, a savings and loan holding 
company (as defined in section 10 of the Home Owners’ Loan 
Act),’’. 
TITLE LXXXVI—REPEAL OF 
INDEMNIFICATION REQUIREMENTS 
SEC. 86001. REPEAL. 
(a) DERIVATIVES CLEARING ORGANIZATIONS.—Section 5b(k)(5) 
of the Commodity Exchange Act (7 U.S.C. 7a–1(k)(5)) is amended 
to read as follows: 
‘‘(5) CONFIDENTIALITY AGREEMENT.—Before the Commission 
may share information with any entity described in paragraph 
(4), the Commission shall receive a written agreement from 
each entity stating that the entity shall abide by the confiden-
tiality requirements described in section 8 relating to the 
information on swap transactions that is provided.’’. 
(b) SWAP DATA REPOSITORIES.—Section 21 of the Commodity 
Exchange Act (7 U.S.C. 24a(d)) is amended— 
(1) in subsection (c)(7)— 
12 USC 78o. 
12 USC 78l. 
15 USC 77g note. 
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129 STAT. 1798 
PUBLIC LAW 114–94—DEC. 4, 2015 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘all’’ and inserting ‘‘swap’’; and 
(B) in subparagraph (E)— 
(i) in clause (ii), by striking ‘‘and’’ at the end; 
and 
(ii) by adding at the end the following: 
‘‘(iv) other foreign authorities; and’’; and 
(2) by striking subsection (d) and inserting the following: 
‘‘(d) CONFIDENTIALITY
AGREEMENT.—Before the swap data 
repository may share information with any entity described in sub-
section (c)(7), the swap data repository shall receive a written 
agreement from each entity stating that the entity shall abide 
by the confidentiality requirements described in section 8 relating 
to the information on swap transactions that is provided.’’. 
(c) 
SECURITY-BASED
SWAP
DATA
REPOSITORIES.—Section 
13(n)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(n)(5)) 
is amended— 
(1) in subparagraph (G)— 
(A) in the matter preceding clause (i), by striking ‘‘all’’ 
and inserting ‘‘security-based swap’’; and 
(B) in clause (v)— 
(i) in subclause (II), by striking ‘‘; and’’ and 
inserting a semicolon; 
(ii) in subclause (III), by striking the period at 
the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(IV) other foreign authorities.’’; and 
(2) by striking subparagraph (H) and inserting the fol-
lowing: 
‘‘(H) CONFIDENTIALITY AGREEMENT.—Before the secu-
rity-based swap data repository may share information 
with any entity described in subparagraph (G), the security- 
based swap data repository shall receive a written agree-
ment from each entity stating that the entity shall abide 
by the confidentiality requirements described in section 
24 relating to the information on security-based swap trans-
actions that is provided.’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as if enacted as part of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Public Law 111–203). 
TITLE LXXXVII—TREATMENT OF DEBT 
OR EQUITY INSTRUMENTS OF SMALL-
ER INSTITUTIONS 
SEC. 87001. DATE FOR DETERMINING CONSOLIDATED ASSETS. 
Section 171(b)(4)(C) of the Financial Stability Act of 2010 (12 
U.S.C. 5371(b)(4)(C)) is amended by inserting ‘‘or March 31, 2010,’’ 
after ‘‘December 31, 2009,’’. 
7 USC 7a–1 note. 
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129 STAT. 1799 
PUBLIC LAW 114–94—DEC. 4, 2015 
TITLE LXXXVIII—STATE LICENSING 
EFFICIENCY 
SEC. 88001. SHORT TITLE. 
This title may be cited as the ‘‘State Licensing Efficiency Act 
of 2015’’. 
SEC. 88002. BACKGROUND CHECKS. 
Section 1511(a) of the S.A.F.E. Mortgage Licensing Act of 2008 
(12 U.S.C. 5110(a)) is amended— 
(1) by inserting ‘‘and other financial service providers’’ after 
‘‘State-licensed loan originators’’; and 
(2) by inserting ‘‘or other financial service providers’’ before 
the period at the end. 
TITLE 
LXXXIX—HELPING 
EXPAND 
LENDING PRACTICES IN RURAL COM-
MUNITIES 
SEC. 89001. SHORT TITLE. 
This title may be cited as the ‘‘Helping Expand Lending Prac-
tices in Rural Communities Act of 2015’’ or the ‘‘HELP Rural 
Communities Act of 2015’’. 
SEC. 89002. DESIGNATION OF RURAL AREA. 
(a) APPLICATION.—Not later than 90 days after the date of 
the enactment of this Act, the Bureau of Consumer Financial Protec-
tion shall establish an application process under which a person 
who lives or does business in a State may, with respect to an 
area identified by the person in such State that has not been 
designated by the Bureau as a rural area for purposes of a Federal 
consumer financial law (as defined under section 1002 of the Con-
sumer Financial Protection Act of 2010), apply for such area to 
be so designated. 
(b) EVALUATION CRITERIA.—When evaluating an application 
submitted under subsection (a), the Bureau shall take into consider-
ation the following factors: 
(1) Criteria used by the Director of the Bureau of the 
Census for classifying geographical areas as rural or urban. 
(2) Criteria used by the Director of the Office of Manage-
ment and Budget to designate counties as metropolitan or 
micropolitan or neither. 
(3) Criteria used by the Secretary of Agriculture to deter-
mine property eligibility for rural development programs. 
(4) The Department of Agriculture rural-urban commuting 
area codes. 
(5) A written opinion provided by the State’s bank super-
visor, as defined under section 3(r) of the Federal Deposit 
Insurance Act (12 U.S.C. 1813(r)). 
(6) Population density. 
(c) RULE OF CONSTRUCTION.—If, at any time prior to the submis-
sion of an application under subsection (a), the area subject to 
review has been designated as nonrural by any Federal agency 
described under subsection (b) using any of the criteria described 
12 USC 5512 
note. 
15 USC 1601 
note. 
Helping Expand 
Lending 
Practices in 
Rural 
Communities Act 
of 2015. 
12 USC 5101 
note. 
State Licensing 
Efficiency Act of 
2015. 
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129 STAT. 1800 
PUBLIC LAW 114–94—DEC. 4, 2015 
under subsection (b), the Bureau shall not be required to consider 
such designation in its evaluation. 
(d) PUBLIC COMMENT PERIOD.— 
(1) IN GENERAL.—Not later than 60 days after receiving 
an application submitted under subsection (a), the Bureau 
shall— 
(A) publish such application in the Federal Register; 
and 
(B) make such application available for public comment 
for not fewer than 90 days. 
(2) LIMITATION ON ADDITIONAL APPLICATIONS.—Nothing in 
this section shall be construed to require the Bureau, during 
the public comment period with respect to an application sub-
mitted under subsection (a), to accept an additional application 
with respect to the area that is the subject of the initial applica-
tion. 
(e) DECISION ON DESIGNATION.—Not later than 90 days after 
the end of the public comment period under subsection (d)(1) for 
an application, the Bureau shall— 
(1) grant or deny such application, in whole or in part; 
and 
(2) publish such grant or denial in the Federal Register, 
along with an explanation of what factors the Bureau relied 
on in making such determination. 
(f) SUBSEQUENT APPLICATIONS.—A decision by the Bureau 
under subsection (e) to deny an application for an area to be 
designated as a rural area shall not preclude the Bureau from 
accepting a subsequent application submitted under subsection (a) 
for such area to be so designated, so long as such subsequent 
application is made after the end of the 90-day period beginning 
on the date that the Bureau denies the application under subsection 
(e). 
(g) SUNSET.—This section shall cease to have any force or 
effect after the end of the 2-year period beginning on the date 
of the enactment of this Act. 
SEC. 89003. OPERATIONS IN RURAL AREAS. 
The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended— 
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129 STAT. 1801 
PUBLIC LAW 114–94—DEC. 4, 2015 
LEGISLATIVE HISTORY—H.R. 22: 
HOUSE REPORTS: No. 114–357 (Comm. of Conference). 
SENATE REPORTS: No. 114–3 (Comm. on Finance). 
CONGRESSIONAL RECORD, Vol. 161 (2015): 
Jan. 6, considered and passed House. 
July 24, 26–30, considered and passed Senate, amended. 
Nov. 3–5, House concurred in certain Senate amendment and in another with 
an amendment. 
Dec. 3, House and Senate agreed to conference report. 
(1) in section 129C(b)(2)(E)(iv)(I), by striking ‘‘predomi-
nantly’’; and 
(2) in section 129D(c)(1), by striking ‘‘predominantly’’. 
Approved December 4, 2015. 
15 USC 1639d. 
15 USC 1639c. 
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