H.R. 3763 — what changed

changed Section 101 101(a) of title 23, United States Code, is amended—

“(15) National Highway Freight Network—The term National Highway Freight Network means the National Highway Freight Network established under section 167.”

Section 119 of title 23, United States Code, is amended—

changed “(h) TIFIA program—At program—Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, the Secretary may allow the State to use funds apportioned under section 104(b)(1) to pay 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.

“(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 obligated for a project for the reconstruction, resurfacing, restoration, 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 satisfied in order to use the flexibility under paragraph (1).”

“(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)).

changed “(4) Highway and transit safety infrastructure improvements and programs.programs, including railway-highway grade crossings.

“(5) Fringe and corridor parking facilities and programs in accordance with section 137 and carpool projects in accordance 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 countermeasures, 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.

“(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.

changed “(13) At the request of a State, and with the Secretary’s approval, 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 development costs, if necessary to encourage robust competition in public-private partnership procurements.

changed “(15) Any type of project eligible under this section as in effect on the day before the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, 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 classified 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 construction 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 Surface Transportation Reauthorization and Reform Act of 2015; 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 proportion to their relative shares of the population of the State—

“(i) in urbanized areas of the State with an urbanized 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 urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.

“(3) Consultation with regional transportation planning organizations—For purposes of paragraph (1)(A)(iii), before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall 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 permission to base the obligation on other factors and the Secretary grants the request.

“(5) Applicability of planning requirements—Programming 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;

“(E) for fiscal year 2020, 55 percent; and

“(F) for fiscal year 2021, 55 percent.”

“(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 of $819,900,000 under this subsection; 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

“(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 subsection 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 Surface Transportation Reauthorization and Reform Act of 2015.

“(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; and

“(vii) any other local or regional governmental entity with responsibility for or oversight of transportation 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, including the use of apportioned funds described in subsection (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 planning 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).

“(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.”

“167. National highway freight policy

“(a) In general—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 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 highway freight policy are—

“(1) to invest in infrastructure improvements and to implement operational improvements that—

“(A) strengthen the contribution of the National Highway Freight Network to the economic competitiveness of the United States;

“(B) reduce congestion and bottlenecks on the National Highway Freight Network; and

“(C) increase productivity, particularly for domestic industries and businesses that create high-value jobs;

“(2) to improve the safety, security, and resilience of highway freight transportation;

“(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 economic efficiency of the National Highway Freight Network;

“(6) to improve the short and long distance movement of goods that—

“(A) travel across rural areas between population centers; and

“(B) travel between rural areas and population centers;

“(7) 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 highway freight connectivity; and

“(8) to reduce the environmental impacts of freight movement on the National Highway Freight Network.

“(c) Establishment of National Highway Freight Network

“(1) In general—The Secretary 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 Interstate System;

“(B) non-Interstate highway segments on the 41,000-mile comprehensive primary freight network developed by the Secretary under section 167(d) as in effect on the day before the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015; and

“(C) additional non-Interstate highway segments designated by the States under subsection (d).

“(d) State additions to network

“(1) In general—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, each State, in consultation with the State freight advisory committee, may increase the number of miles designated as part of the National Highway Freight Network by not more than 10 percent of the miles designated in that State under subparagraphs (A) and (B) of subsection (c)(2) if the additional miles—

“(A) close gaps between segments of the National Highway Freight Network;

“(B) establish connections from the National Highway Freight Network to critical facilities for the efficient movement of freight, including ports, freight railroads, international border crossings, airports, intermodal facilities, warehouse and logistics centers, and agricultural facilities; or

changed “(C) designate are part of critical emerging freight corridors or critical commerce corridors.

“(2) Submission—Each State shall—

“(A) submit to the Secretary a list of the additional miles added under this subsection; and

“(B) certify that the additional miles meet the requirements of paragraph (1).

“(e) Redesignation

“(1) Redesignation by Secretary

“(A) In general—Effective beginning 5 years after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, and every 5 years thereafter, the Secretary shall redesignate the highway segments designated by the Secretary under subsection (c)(2)(B) that are on the National Highway Freight Network.

“(B) Considerations—In redesignating highway segments under subparagraph (A), the Secretary shall consider—

“(i) changes in the origins and destinations of freight movements in the United States;

“(ii) changes in the percentage of annual average daily truck traffic in the annual average daily traffic on principal arterials;

“(iii) changes in the location of key facilities;

“(iv) critical emerging freight corridors; and

“(v) network connectivity.

“(C) Limitation—Each redesignation under subparagraph (A) may increase the mileage on the National Highway Freight Network designated by the Secretary by not more than 3 percent.

“(2) Redesignation by States

“(A) In general—Effective beginning 5 years after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, and every 5 years thereafter, each State may, in consultation with the State freight advisory committee, redesignate the highway segments designated by the State under subsection (c)(2)(C) that are on the National Highway Freight Network.

“(B) Considerations—In redesignating highway segments under subparagraph (A), the State shall consider—

“(i) gaps between segments of the National Highway Freight Network;

“(ii) needed connections from the National Highway Freight Network to critical facilities for the efficient movement of freight, including ports, freight railroads, international border crossings, airports, intermodal facilities, warehouse and logistics centers, and agricultural facilities; and

changed “(iii) critical emerging freight corridors or critical commerce corridors.

“(C) Limitation—Each redesignation under subparagraph (A) may increase the mileage on the National Highway Freight Network designated by the State by not more than 3 percent.

“(D) Resubmission—Each State, under the advisement of the State freight advisory committee, shall—

“(i) submit to the Secretary a list of the miles redesignated under this paragraph; and

“(ii) certify that the redesignated miles meet the requirements of subsection (d)(1).”

changed Section 147(e) of title 23, United States Code, is amended by striking “2013 and 2014” and replacing it with inserting “2016 through 2021”.

Section 134 of title 23, United States Code, is amended—

“(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—Subject 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 commensurate with other officials described in paragraph (2).”

added “(I) improve the resilience and reliability of the transportation system; and

added “(J) enhance travel and tourism.”

added “(C) Congestion management plan—A metropolitan planning organization with a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall—

added “(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;

added “(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and

added “(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.

added “(D) Participation—In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and nonprofit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals.”

Section 135 of title 23, United States Code, is amended—

changed “(I) improve the resilience and reliability of the transportation system.”system; and

added “(J) enhance travel and tourism.”

“(5) Multimodal project—The term multimodal project means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office.”

“(9) Substantial deference—The term substantial deference means deference by a participating agency to the recommendations and decisions of the lead agency unless it is not possible to defer without violating the participating agency’s statutory responsibilities.”

“(B) Requirements—In carrying out subparagraph (A), the Secretary shall ensure that programmatic reviews—

“(i) promote transparency, including the transparency of—

“(I) the analyses and data used in the environmental 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 duration of the usefulness of the review; and

“(II) a timeline for updating an out-of-date review;

“(iii) describe—

“(I) the relationship between any programmatic 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 opportunities consistent with applicable requirements.”

“(8) Single NEPA document

“(A) In general—Except as inconsistent with paragraph (7), to the maximum extent practicable and consistent 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 practicable, 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.”

“(3) 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 historic resources;

“(ii) to develop the information needed to determine the range of alternatives; and

“(iii) to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies.”

“(A) Participation

“(i) In general—As early as practicable during the environmental review process, the lead agency shall seek the involvement of participating agencies and the public for the purpose of reaching agreement early in the environmental review process on a reasonable range of alternatives that will satisfy all subsequent Federal environmental review and permit requirements.

“(ii) Comments of participating agencies—To the maximum extent practicable and consistent with applicable law, each participating agency receiving an opportunity for involvement under clause (i) shall—

“(I) limit the agency’s comments to subject matter areas within the agency’s special expertise or jurisdiction; and

“(II) afford substantial deference to the range of alternatives recommended by the lead agency.

“(iii) Effect of nonparticipation—A participating agency that declines to participate in the development of the purpose and need and reasonable range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B).”

“(i) Determination—Following participation under subparagraph (A)”

“(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 processes required for the project unless the alternatives must be modified—

“(I) to address significant new information or circumstances, and the lead agency and participating 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 its responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a timely manner.”

“(3) Deadlines for decisions under other laws

“(A) In general—In any case in which a decision under any Federal law relating to a project (including the issuance or denial of a permit or license) is required by law, regulation, or Executive order to be made after the date on which the lead agency has issued a categorical exclusion, finding of no significant impact, or record of decision with respect to the project, any such later decision shall be made or completed by the later of—

“(i) the date that is 180 days after the lead agency’s final decision has been made; or

“(ii) the date that is 180 days after the date on which a completed application was submitted for the permit or license.

“(B) Treatment of delays—Following the deadline established by subparagraph (A), 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, and publish on the Department’s Internet Web site—

“(i) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and

“(ii) every 60 days thereafter, until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.”

“(4) 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—

“(i) cite the sources, authorities, and reasons that support the position of the agency; and

“(ii) 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—

“(i) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

“(ii) 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.”

“(4) Issue resolution—Any issue resolved by the lead agency and participating agencies may not be reconsidered unless significant new information or circumstances arise.”

“(C) Referral to Council on Environmental Quality

“(i) In general—If issue resolution for a project is not achieved on or before the 30th day after the date of a meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality.

“(ii) Meeting—Not later than 30 days after the date of receipt of a referral from the Secretary under clause (i), the Council on Environmental Quality shall hold an issue resolution meeting with—

“(I) the head of the lead agency;

“(II) the heads of relevant participating agencies; and

“(III) the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor).

“(iii) Resolution—The Council on Environmental Quality shall work with the lead agency, relevant participating agencies, and the project sponsor until all issues are resolved.”

“(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 subparagraph (A) 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 or program.”

“(6) Agreement—Prior to providing funds approved by the Secretary for dedicated staffing at an affected agency under 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.”

“(1) Environmental review process—The term environmental review process has the meaning given that term in section 139(a).”

“(2) Lead agency—The term lead agency has the meaning given that term in section 139(a).”

“(3) Planning product—The term planning product means a decision, analysis, study, or other documented information that is the result of an 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 section 135, respectively.”

“(2) Partial adoption or incorporation by reference of planning products—The lead agency may adopt or incorporate by reference a planning product under paragraph (1) in its entirety or may select portions for adoption or incorporation by reference.”

“(A) the project purpose and need;”

“(B) the preliminary screening of alternatives and elimination of unreasonable alternatives;”

“(G) whether tolling, private financial assistance, or other special financial measures are necessary to implement the project.”

“(4) The planning process included public notice that the planning products may be adopted or incorporated by reference during a subsequent environmental review process in accordance with this section.

“(5) During the environmental review process, but prior to determining whether to rely on and use the planning product, the lead agency has—

“(A) made the planning documents available for review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed action;

“(B) provided notice of the lead agency’s intent to adopt the planning product or incorporate the planning product by reference; and

“(C) considered any resulting comments.”

“(C) provides equal access for all public transportation vehicles and over-the-road buses.”

“(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.”

“(3) Exemption from tolls—In levying tolls on a facility under this section, a public authority may designate classes of vehicles that are exempt from the tolls or charge different toll rates for different classes of vehicles, if equal rates are charged for all public transportation vehicles and over-the-road buses, whether publicly or privately owned.”

“(D) Consultation of MPO—If the facility is on the Interstate System and located in a metropolitan planning area established in accordance with section 134, consulting with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility.”

“(5) Over-the-road bus—The term over-the-road bus means a vehicle as defined in section 301(5) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181(5)).

“(6) 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.”

“(F) the State has approved enabling legislation required for the project to proceed.”

“(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 Secretary that fully satisfies the eligibility criteria under paragraph (3) and the selection criteria under paragraph (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 environmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969;

“(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 Surface Transportation Reauthorization and Reform Act of 2015 shall have 1 year after such date of enactment to meet the requirements of subparagraph (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.”

“(g) Highway Trust Fund transparency and accountability reports

“(1) Compilation of data—The Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.

“(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 Web site of the Department and can be searched and downloaded by users of the Web site.

“(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 unobligated 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 programs under section 126.

“(B) Project data—On an annual basis, the Secretary shall make available a report that, to the maximum extent possible, provides project-specific data describing—

changed “(i) for all projects funded under this title—title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration)—

“(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; and

“(VI) the ownership of the highway or bridge; and

changed “(ii) 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 in excess of $100,000,000, the data specified under clause (i) and additional data describing—

“(I) whether the project is located in an area of the State with a population of—

“(aa) less than 5,000 individuals;

“(bb) 5,000 or more individuals but less than 50,000 individuals;

“(cc) 50,000 or more individuals but less than 200,000 individuals; or

“(dd) 200,000 or more individuals;

“(II) 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; and

“(III) the amount of non-Federal funds obligated for the project.”

“(13) Raleigh-Norfolk Corridor from Raleigh, North Carolina, through Rocky Mount, Williamston, and Elizabeth City, North Carolina, to Norfolk, Virginia.”

“(iv) include Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358.”

“(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.”

“(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.

changed “(83) The Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south of the Tucson International Airport.”Airport.

added “(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.

added “(85) Interstate Route 81 in New York from its intersection with Interstate Route 86 to the United States-Canadian border.”

removed The Secretary shall encourage each State to adopt standards for the design of Federal surface transportation projects that provide for the safe and adequate accommodation (as determined by the State), in all phases of project planning, development, and operation, of all users of the surface transportation network, including motorized and nonmotorized users.

“105. Adjustments to contract authority

“(a) Calculation

“(1) In general—The President shall include in each of the fiscal year 2017 through 2021 budget submissions to Congress under section 1105(a) of title 31, for each of the Highway Account and the Mass Transit Account, a calculation of the difference between—

“(A) the actual level of monies deposited in that account for the most recently completed fiscal year; and

“(B) the estimated level of receipts for that account for the most recently completed fiscal year, as specified in paragraph (2).

“(2) Estimate—The estimated level of receipts specified in this paragraph are—

“(A) for the Highway Account—

“(i) for fiscal year 2015, $35,067,000,000;

“(ii) for fiscal year 2016, $35,498,000,000;

“(iii) for fiscal year 2017, $35,879,000,000;

“(iv) for fiscal year 2018, $36,084,000,000; and

“(v) for fiscal year 2019, $36,117,000,000; and

“(B) for the Mass Transit Account—

“(i) for fiscal year 2015, $4,994,000,000;

“(ii) for fiscal year 2016, $5,020,000,000;

“(iii) for fiscal year 2017, $5,024,000,000;

“(iv) for fiscal year 2018, $5,011,000,000; and

“(v) for fiscal year 2019, $4,981,000,000.

“(b) Adjustments to contract authority

“(1) Additional amounts—If the difference determined in a budget submission under subsection (a) for a fiscal year for the Highway Account or the Mass Transit Account is greater than zero, the Secretary shall on October 1 of the budget year of that submission—

“(A) make available for programs authorized from such account for the budget year a total amount equal to—

“(i) the amount otherwise authorized to be appropriated for such programs for such budget year; plus

“(ii) an amount equal to such difference; and

“(B) distribute the additional amount under subparagraph (A)(ii) to each of such programs in accordance with subsection (c).

“(2) Reduction—If the difference determined in a budget submission under subsection (a) for a fiscal year for the Highway Account or the Mass Transit Account is less than zero, the Secretary shall on October 1 of the budget year of that submission—

“(A) make available for programs authorized from such account for the budget year a total amount equal to—

“(i) the amount otherwise authorized to be appropriated for such programs for such budget year; minus

“(ii) an amount equal to such difference; and

“(B) apply the total adjustment under subparagraph (A)(ii) to each of such programs in accordance with subsection (c).

“(c) Distribution of adjustment among programs

“(1) In general—In making an adjustment for the Highway Account or the Mass Transit Account for a budget 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 budget year; bears to

“(ii) the total amount authorized to be appropriated for such budget year for all programs under such account;

“(B) multiply the ratio determined under subparagraph (A) by the applicable difference calculated under subsection (a); and

“(C) adjust the amount that the Secretary would otherwise have allocated for the program for such budget 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 or subtract the adjustment 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 emergency relief program under section 125 and covered administrative expenses from—

“(1) an adjustment of funding under subsection (c)(1); and

“(2) any calculation under subsection (b) or (c) related to such an adjustment.

“(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 amounts calculated under subsection (a) for each of fiscal years 2017 through 2021.

“(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 3017 of the Surface Transportation Reauthorization and Reform Act of 2015—

“(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 accordance 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 obligations under paragraph (1)(B).

“(g) Definitions—In this section, the following definitions apply:

“(1) Budget year—The term budget year means the fiscal year for which a budget submission referenced in subsection (a)(1) is submitted.

“(2) Covered administrative expenses—The term covered administrative expenses means the administrative expenses of—

“(A) the Federal Highway Administration, as authorized under section 104(a);

“(B) the National Highway Traffic Safety Administration, as authorized under section 4001(a)(6) of the Surface Transportation Reauthorization and Reform Act of 2015; and

“(C) the Federal Motor Carrier Safety Administration, as authorized under section 31110 of title 49.

“(3) Highway Account—The term Highway Account means the portion of the Highway Trust Fund that is not the Mass Transit Account.

“(4) Mass Transit Account—The term Mass Transit Account means the Mass Transit Account of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.”

“(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 (which shall receive an investment grade rating from a rating agency prior to the Secretary entering into such master credit agreement) under section 602(b)(2)(A), or for a single project covered under section 602(b)(2)(B) that does not provide for a current obligation of Federal funds, and that would—

“(A) make contingent commitments of 1 or more secured loans or other Federal credit instruments at future dates, subject to the availability of future funds being made available to carry out this chapter and subject to the satisfaction of all the conditions for the provision of credit assistance under this chapter, including section 603(b)(1);

“(B) establish the maximum amounts and general terms and conditions of the secured loans or other Federal credit instruments;

“(C) identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured loans or secured Federal credit instruments;

“(D) provide for the obligation of funds for the secured loans or secured Federal credit instruments after all requirements have been met for the projects subject to the master credit agreement, including—

“(i) completion of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(ii) compliance with such other requirements as are specified in this chapter, including sections 602(c) and 603(b)(1); and

“(iii) the availability of funds to carry out this chapter; and

“(E) require that contingent commitments result in a financial close and obligation of credit assistance not later than 3 years after the date of entry into the master credit agreement, or release of the commitment, unless otherwise extended by the Secretary.”

changed “(15) Rural infrastructure project—The term rural infrastructure project means a surface transportation infrastructure project located outside of a Census Bureau-defined Census-Bureau-defined urbanized area.”

“(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 Secretary fully obligates funding to eligible projects in 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 during which additional funds are available to receive credit assistance.”

“(C) Local infrastructure projects—Eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000 in the case of a project or program of projects—

“(i) in which the applicant is a local government, public authority, or instrumentality of local government;

“(ii) located on a facility owned by a local government; or

“(iii) for which the Secretary determines that a local government is substantially involved in the development of the project.”

“(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 completion of the project; and

“(B) later than 1 year after the date of substantial completion of the project.”

added “(D) Limitations—The Secretary may not carry out a redistribution under this paragraph—

added “(i) for any fiscal year in which such redistribution would adversely impact the receipt of credit assistance by a qualified project within such fiscal year; or

added “(ii) if the budget authority determined to be necessary to cover all requests for credit assistance pending before the Department of Transportation on August 1 would reduce the uncommitted balance of funds below the threshold established in subparagraph (A).”

“(6) Administrative costs—Of the amounts made available to carry out this chapter, the Secretary may use not more than $5,000,000 for fiscal year 2016, $5,150,000 for fiscal year 2017, $5,304,500 for fiscal year 2018, $5,463,500 for fiscal year 2019, $5,627,500 for fiscal year 2020, and $5,760,500 for fiscal year 2021 for the administration of this chapter.”

“(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—Subject 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 commensurate with other officials described in paragraph (2).”

“(I) improve the resilience and reliability of the transportation system.”

added “(C) Congestion management plan—A metropolitan planning organization with a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall—

added “(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;

added “(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and

added “(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.

added “(D) Participation—In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and non-profit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals.”

“(I) improve the resilience and reliability of the transportation system.”

changed Subsection Section 5307 of title 49, United States Code, is amended—

“(1) Recipient defined—In this section, the term recipient means a designated recipient, State, or local governmental authority that receives a grant under this section directly from the Government.”

“(4) Exception to the special rule—Notwithstanding paragraph (3), if a public transportation system described in such paragraph executes a written agreement with 1 or more other public transportation systems to allocate funds under this subsection, other than by measuring vehicle revenue hours, each of the public transportation systems to the agreement may follow the terms of such agreement without regard to the percentages or the measured vehicle revenue hours referred to in such paragraph.”

Section 5309 of title 49, United States Code, is amended—

added “(B) 2 or more projects that are any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects.”

“(A) In general—In carrying out”

“(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.).”

added “(D) the program of interrelated projects, when evaluated as a whole—

added “(i) meets the requirements of subsection (d)(2), subsection (e)(2), or paragraphs (3) and (4) of subsection (h), as applicable, if the program is comprised entirely of—

added “(I) new fixed guideway capital projects;

added “(II) core capacity improvement projects; or

added “(III) small start projects; or

added “(ii) meets the requirements of subsection (d)(2) if the program is comprised of any combination of new fixed guideway projects, small start projects, and core capacity improvement projects.”

added “(A) Project advancement—A project receiving a grant under this section that is part of a program of interrelated projects may not advance—

added “(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 requirements; or

added “(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 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 requirements.”

added “(1) In general—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. A grant for a new fixed guideway project shall not exceed 50 percent of the net capital project cost. A grant for a core capacity project shall not exceed 80 percent of the net capital project cost of the incremental cost of increasing the capacity in the corridor. A grant for a small start project shall not exceed 80 percent.”

“(4) Remaining costs—The remainder of the net project costs shall be provided—

“(A) in cash from non-Government sources other than revenues from providing public transportation services;

“(B) from revenues from the sale of advertising and concessions;

“(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; or

“(D) from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.”

“(o) 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 landscaping elements from the annualized capital cost calculation.”

Section 5311(g)(3) of title 49, United States Code, is amended—

changed “(A) may be provided in cash from non-Government sources other than revenues from providing public transportation services; andservices;

“(B) may be provided from revenues from the sale of advertising and concessions;”

“5314. Technical assistance and workforce development

“(a) Technical assistance and standards

“(1) Technical assistance and standards development

“(A) In general—The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, 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 transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics.

changed “(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 public-transportation-related technical assistance under this subsection. The Secretary may enter into such contracts, 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 assistance, 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 those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements;

“(C) meet the transportation needs of elderly individuals;

“(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 development around transit stations;

“(E) address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals;

changed “(F) facilitate best practices to promote bus driver safety; andsafety;

changed “(G) any other technical assistance activity that the Secretary determines is necessary to advance meet the interests requirements of public transportation.sections 5323(j) and 5323(m);

added “(H) assist with the development and deployment of zero emission transit technologies; and

added “(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 Committee on Appropriations of the House of Representatives a report that includes—

“(A) a description of each project that received assistance 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 subsection 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 contributions.

“(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;

“(B) an outreach program to increase veteran, minority, and female employment 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 subparagraph (1).

“(B) Eligible programs—A program eligible for assistance under subsection (a) shall—

“(i) develop apprenticeships for transit maintenance and operations occupations, including hands-on, peer trainer, classroom and on-the-job training as well as training for instructors and on-the-job mentors;

added “(ii) build local, regional, and statewide transit training partnerships in coordination with entities such as local employers, local public transportation operators, labor union organizations, workforce development boards, State workforce agencies, State apprenticeship agencies (where applicable), and community colleges and university transportation centers, to identify and address workforce skill gaps and develop skills needed for delivering quality transit service and supporting employee career advancement;

removed “(ii) build local, regional, and statewide transit training partnerships in coordination with entities such as local employers, local public transportation operators, labor union organizations, workforce development boards, State workforce agencies, State apprenticeship agencies (where applicable), community colleges and university transportation centers, to identify and address workforce skill gaps and develop skills needed for delivering quality transit service and supporting employee career advancement;

“(iii) provide improved capacity for safety, security, and emergency preparedness in local transit systems through—

“(I) developing the role of the frontline workforce in building and sustaining safety culture and safety systems in the industry and in individual public transportation systems;

“(II) specific training, in coordination with the National Transit Institute, on security and emergency preparedness, including protocols for coordinating with first responders and working with the broader community to address natural disasters or other threats to transit systems; and

added “(III) training to address frontline worker roles in promoting health and safety for transit workers and the riding public, and improving communication during emergencies between the frontline workforce and the riding public;

added “(iv) address current or projected workforce shortages by developing career pathway partnerships with high schools, community colleges, and other community organizations for recruiting and training underrepresented populations, including minorities, women, individuals with disabilities, veterans, and low-income populations as successful transit employees who can develop careers in the transit industry; or

added “(v) address youth unemployment by directing the Secretary to award grants to local entities for work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment.

removed “(III) training to address frontline worker roles in promoting health and safety for transit workers and the riding public, and improving communication during emergencies between the frontline workforce and the riding public; or

removed “(iv) address current or projected workforce shortages by developing career pathway partnerships with high schools, community colleges and other community organizations for recruiting and training underrepresented populations, including minorities, women, individuals with disabilities, veterans, and low-income populations as successful transit employees who can develop careers in the transit industry.

“(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 alternative energy, energy efficiency, or zero emission vehicles and facilities used in public transportation;

“(vii) target areas with high rates of unemployment;

“(viii) address current or projected workforce shortages in areas that require technical expertise; and

“(ix) advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations.

“(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; and

“(iii) the number of participants obtaining certifications or credentials required for specific types of employment.

“(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) Use for technical assistance—The Secretary may use not more than 1 percent of amounts made available to carry out this section to provide technical assistance for activities and programs developed, conducted, and overseen under paragraphs (1) and (2).

“(c) National Transit Institute

“(1) Establishment—The Secretary shall establish a national transit institute and award grants to a public, 4-year 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 international 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 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 developments, 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 transportation 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) Providing 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 program responsibility; or

“(B) when the education and training are paid under paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.

“(4) Availability of amounts—Not more than 0.5 percent of the amounts made available for a fiscal year beginning after September 30, 1991, to a State or public transportation authority in the State to carry out sections 5307 and 5309 is available for expenditure by the State and public transportation authorities in the State, with the approval of the Secretary, to pay not more than 80 percent of the cost of tuition and direct educational expenses related to educating and training State and local transportation employees under this subsection.”

Section 5329 of title 49, United States Code, is amended—

“(D) minimum safety standards to ensure the safe operation 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 consideration—

“(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 3018 of the Surface Transportation Reauthorization and Reform Act of 2015; and

“(V) any additional information that the Secretary determines necessary and appropriate;”

added “(f) Authority of Secretary

added “(1) In general—In carrying out this section, the Secretary may—

added “(A) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient;

added “(B) make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally;

added “(C) in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if—

added “(i) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General as to whether the subpoena will interfere with an ongoing criminal investigation; and

added “(ii) the Attorney General—

added “(I) determines that the subpoena will not interfere with an ongoing criminal investigation; or

added “(II) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under clause (i);

added “(D) require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency;

added “(E) investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents;

added “(F) at reasonable times and in a reasonable manner, enter and inspect relevant records of the public transportation system of a recipient; and

added “(G) issue rules to carry out this section.

added “(2) Additional authority

added “(A) Administration of State safety oversight activities—If the Secretary finds that a State safety oversight agency that oversees a rail fixed guideway system operating in more than 2 States has become incapable of providing adequate safety oversight of such system, the Secretary may administer State safety oversight activities for such rail fixed guideway system until the States develop a State safety oversight program certified by the Secretary in accordance with subsection (e).

added “(B) Funding—To carry out administrative and oversight activities authorized by this paragraph, the Secretary may use—

added “(i) grant funds apportioned to an eligible State under subsection (e)(6) to develop or carry out a State safety oversight program; and

added “(ii) grant funds apportioned to an eligible State under subsection (e)(6) that have not been obligated within the administrative period of availability.”

“(E) withholding not more than 25 percent of financial assistance under section 5307.”

“(B) Limitation—The Secretary may only withhold funds in accordance with paragraph (1)(E), if enforcement actions under subparagraph (A), (B), (C), or (D) did not bring the recipient into compliance.”

Section 5336 of title 49, United States Code, is amended—

added “(3) of amounts not apportioned under paragraphs (1) and (2)—

added “(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 (h); and

added “(B) for fiscal years 2019 through 2021, 2 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (h);”

Section 5338 of title 49, United States Code, is amended to read as follows:

“5338. Authorizations

“(a) Formula grants

“(1) In general—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5314(c), 5318, 5335, 5337, 5339, and 5340, and section 20005(b) of the Federal Public Transportation Act of 2012—

“(A) $8,723,925,000 for fiscal year 2016;

“(B) $8,879,211,000 for fiscal year 2017;

“(C) $9,059,459,000 for fiscal year 2018;

“(D) $9,240,648,000 for fiscal year 2019;

“(E) $9,429,000,000 for fiscal year 2020; and

“(F) $9,617,580,000 for fiscal year 2021.

“(2) Allocation of funds

“(A) Section 5305—Of the amounts made available under paragraph (1), there shall be available to carry out section 5305—

“(i) $128,800,000 for fiscal year 2016;

“(ii) $128,800,000 for fiscal year 2017;

“(iii) $131,415,000 for fiscal year 2018;

“(iv) $134,043,000 for fiscal year 2019;

“(v) $136,775,000 for fiscal year 2020; and

“(vi) $139,511,000 for fiscal year 2021.

“(B) Pilot program—$10,000,000 for each of fiscal years 2016 through 2021, shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012;

“(C) Section 5307—Of the amounts made available under paragraph (1), there shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307—

“(i) $4,458,650,000 for fiscal year 2016;

“(ii) $4,458,650,000 for fiscal year 2017;

“(iii) $4,549,161,000 for fiscal year 2018;

“(iv) $4,640,144,000 for fiscal year 2019;

“(v) $4,734,724,000 for fiscal year 2020; and

“(vi) $4,829,418,000 for fiscal year 2021.

“(D) Section 5310—Of the amounts made available under paragraph (1), there shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310—

“(i) $262,175,000 for fiscal year 2016;

“(ii) $266,841,000 for fiscal year 2017;

“(iii) $272,258,000 for fiscal year 2018;

“(iv) $277,703,000 for fiscal year 2019;

“(v) $283,364,000 for fiscal year 2020; and

“(vi) $289,031,000 for fiscal year 2021.

“(E) Section 5311

“(i) In general—Of the amounts made available under paragraph (1), there shall be available to provide financial assistance for rural areas under section 5311—

“(I) $607,800,000 for fiscal year 2016;

“(II) $607,800,000 for fiscal year 2017;

“(III) $620,138,000 for fiscal year 2018;

“(IV) $632,541,000 for fiscal year 2019;

“(V) $645,434,000 for fiscal year 2020; and

“(VI) $658,343,000 for fiscal year 2021.

“(ii) Suballocation—Of the amounts made available under clause (i)—

“(I) there shall be available to carry out section 5311(c)(1) not less than $30,000,000 for each of fiscal years 2016 through 2021; and

“(II) there shall be available to carry out section 5311(c)(2) not less than $20,000,000 for each of fiscal years 2016 through 2021.

“(F) Section 5314(c)—Of the amounts made available under paragraph (1), there shall be available for the national transit institute under section 5314(c) $5,000,000 for each of fiscal years 2016 through 2021.

“(G) Section 5318—Of the amounts made available under paragraph (1), there shall be available for bus testing under section 5318 $3,000,000 for each of fiscal years 2016 through 2021.

“(H) Section 5335—Of the amounts made available under paragraph (1), there shall be available to carry out section 5335 $3,850,000 for each of fiscal years 2016 through 2021.

“(I) Section 5337—Of the amounts made available under paragraph (1), there shall be available to carry out section 5337—

“(i) $2,198,389,000 for fiscal year 2016;

“(ii) $2,237,520,000 for fiscal year 2017;

“(iii) $2,282,941,000 for fiscal year 2018;

“(iv) $2,328,600,000 for fiscal year 2019;

“(v) $2,376,064,000 for fiscal year 2020; and

“(vi) $2,423,585,000 for fiscal year 2021.

“(J) Section 5339(c)—Of the amounts made available under paragraph (1), there shall be available for bus and bus facilities programs under section 5339(c)—

“(i) $430,000,000 for fiscal year 2016;

“(ii) $431,850,000 for fiscal year 2017;

“(iii) $445,120,000 for fiscal year 2018;

“(iv) $458,459,000 for fiscal year 2019;

“(v) $472,326,000 for fiscal year 2020; and

“(vi) $486,210,000 for fiscal year 2021.

“(K) Section 5339(d)—Of the amounts made available under paragraph (1), there shall be available for bus and bus facilities competitive grants under 5339(d)—

“(i) $90,000,000 for fiscal year 2016; and

“(ii) $200,000,000 for each of fiscal years 2017 through 2021.

“(L) Section 5340—Of the amounts made available under paragraph (1), there shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311—

“(i) $525,900,000 for fiscal year 2016;

“(ii) $525,900,000 for fiscal year 2017;

“(iii) $536,576,000 for fiscal year 2018;

“(iv) $547,307,000 for fiscal year 2019;

“(v) $558,463,000 for fiscal year 2020; and

“(vi) $569,632,000 for fiscal year 2021.

“(b) Research, development demonstration and deployment projects—There are authorized to be appropriated to carry out section 5312—

“(1) $33,495,000 for fiscal year 2016;

“(2) $34,091,000 for fiscal year 2017;

“(3) $34,783,000 for fiscal year 2018;

“(4) $35,479,000 for fiscal year 2019;

“(5) $36,202,000 for fiscal year 2020; and

“(6) $36,926,000 for fiscal year 2021.

“(c) Technical assistance, standards, and workforce development—There are authorized to be appropriated to carry out section 5314—

“(1) $6,156,000 for fiscal year 2016;

“(2) $8,152,000 for fiscal year 2017;

“(3) $10,468,000 for fiscal year 2018;

“(4) $12,796,000 for fiscal year 2019;

“(5) $15,216,000 for fiscal year 2020; and

“(6) $17,639,000 for fiscal year 2021.

“(d) Capital investment grants—There are authorized to be appropriated to carry out section 5309—

“(1) $2,029,000,000 for fiscal year 2016;

“(2) $2,065,000,000 for fiscal year 2017;

“(3) $2,106,000,000 for fiscal year 2018;

“(4) $2,149,000,000 for fiscal year 2019;

“(5) $2,193,000,000 for fiscal year 2020; and

“(6) $2,237,000,000 for fiscal year 2021.

“(e) Administration

“(1) In general—There are authorized to be appropriated to carry out section 5334, $105,933,000 for fiscal years 2016 through 2021.

“(2) Section 5329—Of the amounts authorized to be appropriated under paragraph (1), not less than $4,500,000 for each of fiscal years 2016 through 2021 shall be available to carry out section 5329.

changed “(3) Section 5326—Of the amounts made available under paragraph (2), (1), not less than $1,000,000 for each of fiscal years 2016 through 2021 shall be available to carry out section 5326.

“(f) Period of availability—Amounts made available by or appropriated under this section shall remain available for obligation for a period of 3 years after the last day of the fiscal year for which the funds are authorized.

“(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 contractual 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) 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.

changed “(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 1 122 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) 0.75 percent of amounts made available to carry out section 5337(c), of which not less than 0.25 percent 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 security, 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 subsection.

“(4) Availability of certain funds—Funds made available under paragraph (1)(C) shall be available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.”

Section 402 of title 23, United States Code, is amended—

“(viii) to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;”

changed “(C) Survey—A State shall expend funds apportioned to that State under this section to conduct a biennial survey that the Secretary shall make publicly available through the Internet Website 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 Operational Guidelines (DOT HS 810 916, March 2008); and

“(II) Red Light Camera Systems Operational Guidelines (FHWA–SA–05–002, January 2005).”

“(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).”

“(3) Electronic submission—The Secretary, in coordination 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.”

“(vi) increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; and”

Section 403 of title 23, United States Code, is amended—

“(F) the installation of ignition interlocks in the United States; and”

changed “(2) Funding—The Secretary shall obligate for each of fiscal years 2016 through 2021, from funds made available to carry out this section, except that the total obligated for the period covering fiscal years 2016 through 2021 may not exceed $30,000,000, $32,000,000, to conduct the research described in paragraph (1).”

“(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.”

“(a) General authority—Subject to the requirements of this section, the Secretary of Transportation 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 improvements—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)).

“(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 nonmotorized safety (as described in subsection (h)).

“(8) Transfers—Notwithstanding paragraphs (1) through (7), the Secretary may 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) Requirements—No grant may be made to a State in any fiscal year under subsection (b), (c), or (d) unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all State and local sources for programs described in those subsections at or above the average level of such expenditures in the 2 fiscal years preceding the date of enactment of this paragraph.

“(B) Waiver—Upon the request of a State, the Secretary 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.”

“(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 driving while impaired by alcohol, drugs, or the combination 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 professionals in handling impaired driving cases, hiring traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated 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 criteria established by the National Highway Traffic Safety Administration;

“(vii) training on the use of alcohol and drug screening and brief intervention;

changed “(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 systems; 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- and high-range States may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the Secretary.”

“(A) In general—The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a law that requires any individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed. Such law may provide limited exceptions for circumstances when—

“(i) a State-certified ignition interlock provider is not available within 100 miles of the individual’s residence;

“(ii) 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; or

“(iii) 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.”

“(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, and enacts and enforces a law that meets the requirements set forth in paragraphs (2) and (3).

“(2) Prohibition on texting 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 texting through a personal wireless communications device while driving or stopped in traffic;

“(B) makes violation of the law a primary offense; and

“(C) establishes a minimum fine for a violation of the law.

“(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 or stopped in traffic—

“(i) younger than 18 years of age; or

“(ii) in the learner’s permit and intermediate license stages set forth in subsection (g)(2)(B);

“(B) makes violation of the law a primary offense; and

“(C) establishes a minimum fine for a first violation of the law.

“(4) Permitted exceptions—A law that meets the requirements set forth in paragraph (2) or (3) may provide exceptions for—

“(A) a driver who uses a personal wireless communications 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 Secretary 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 containing 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

“(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 distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the Secretary.

“(6) 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, including to support campaigns related to distracted driving that are funded under section 404.

“(7) Grant amount—The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.

“(8) Definitions—In this subsection, the following definitions apply:

“(A) Driving—The term driving—

“(i) means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise; 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 wireless 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 communications 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.”

“(2) Grant amount—The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion 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.”

“(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 based on the most recent data that conforms with criteria established by the Secretary.”

“(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 language 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.”

“(g) State graduated driver licensing incentive grant

“(1) Grants authorized—Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement graduated driver licensing laws in accordance with the requirements set forth in paragraph (2).

“(2) Minimum requirements

“(A) In general—A State meets the requirements set forth in this paragraph if the State has a graduated driver licensing law that requires novice drivers younger than 18 years of age to comply with the 2-stage licensing process described in subparagraph (B) before receiving an unrestricted driver's license.

“(B) Licensing process—A State is in compliance with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws comply with the additional requirements under subparagraph (C) and includes—

“(i) a learner’s permit stage that—

“(I) is not less than 6 months in duration and remains in effect until the driver reaches not less than 16 years of age;

“(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 subsection (e)(4);

“(III) requires that the driver be accompanied and supervised at all times while operating a motor vehicle by a licensed driver who is—

“(aa) not less than 21 years of age;

“(bb) the driver’s parent or guardian; or

“(cc) a State-certified driving instructor; and

“(IV) complies with the additional requirements for a learner’s permit stage set forth in subparagraph (C)(i); and

“(ii) an intermediate stage that—

“(I) is not less than 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 subsection (e)(4);

“(III) for the first 6 months of such stage, restricts driving at night when not supervised by a licensed driver described in clause (i)(III), excluding transportation to work, school, or religious activities, or in the case of an emergency;

“(IV) for a period of not less than 6 months, prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger under 21 years of age unless a licensed driver described in clause (i)(III) is in the vehicle; and

“(V) complies with the additional requirements for an intermediate stage set forth in subparagraph (C)(ii).

“(C) Additional requirements

“(i) Learner’s permit stage—In addition to the requirements of subparagraph (B)(i), a learner’s permit stage shall include not less than 2 of the following requirements:

“(I) Passage of a vision and knowledge assessment by a learner’s permit applicant prior to receiving a learner’s permit.

“(II) The driver completes—

“(aa) a State-certified driver education or training course; or

“(bb) not less than 40 hours of behind-the-wheel training with a licensed driver described in subparagraph (B)(i)(III).

“(III) In addition to any other penalties imposed by State law, the grant of an unrestricted driver’s license or advancement to an intermediate stage be automatically delayed for any individual who, during the learner’s permit stage, is convicted of a driving-related offense, including—

“(aa) driving while intoxicated;

“(bb) misrepresentation of the individual’s age;

“(cc) reckless driving;

“(dd) driving without wearing a seatbelt;

“(ee) speeding; or

“(ff) any other driving-related offense, as determined by the Secretary.

“(ii) Intermediate stage—In addition to the requirements of subparagraph (B)(ii), an intermediate stage shall include not less than 2 of the following requirements:

“(I) Commencement of such stage after the successful completion of a driving skills test.

“(II) That such stage remain in effect until the driver reaches the age of not less than 17.

“(III) In addition to any other penalties imposed by State law, the grant of an unrestricted driver’s license be automatically delayed for any individual who, during the learner’s permit stage, is convicted of a driving-related offense, including those described in clause (i)(III).

“(3) Exception—A State that otherwise meets the minimum requirements set forth in paragraph (2) shall be deemed by the Secretary to be in compliance with the requirement set forth in paragraph (2) if the State enacted a law before January 1, 2011, establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle—

“(A) in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or

“(B) if demonstrable hardship would result from the denial of a license to the licensees or applicants.

“(4) Allocation—Grant funds allocated to a State under this subsection for a fiscal year shall be in proportion to the State's apportionment under section 402 for fiscal year 2009.

“(5) Use of funds

“(A) In general—Except as provided in subparagraph (B), grant funds received by a State under this subsection shall be used for—

“(i) enforcing a 2-stage licensing process that complies with paragraph (2);

“(ii) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i);

“(iii) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law;

“(iv) carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process; or

“(v) carrying out a teen traffic safety program described in section 402(m).

“(B) Flexibility

“(i) Not more than 75 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402.

“(ii) Not more than 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.”

“(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;

“(B) enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to pedestrian 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 proportion to the State's apportionment under section 402 for fiscal year 2009.”

changed Not later than 60 days after the date on which the Secretary of Transportation awards grants under section 405 of title 23, United States Code, the Secretary shall make available on a publicly available Internet Website Web site of the Department of Transportation—

Title 23, United States Code, is amended as follows:

“31102. Motor carrier safety assistance program

“(a) In general—The Secretary of Transportation shall administer 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 partnership 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 commercial 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, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and

“(4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks.

“(c) State plans

“(1) In general—In carrying out the program, the Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations, standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety.

“(2) Contents—The Secretary shall approve a 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 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 and inspection to carry out the plan;

“(F) provides that all reports required under this section be available to the Secretary on request;

“(G) provides that the lead State commercial motor vehicle safety agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations 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 Government and the State;

“(I) provides that the State will grant maximum reciprocity for inspections conducted under the North American Inspection Standards through the use of a nationally accepted system that allows ready identification of previously 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 development 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 collection, 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 appropriate 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 regulations 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 commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment;

“(ii) activities aimed at providing an appropriate level of training to State motor carrier safety assistance program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and

“(iii) when conducted with an appropriate commercial 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 Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) and listed in part 1308 of title 21, Code of Federal Regulations, as updated and republished from time to time) by any occupant of a commercial motor vehicle;

“(P) provides that the State has established and dedicated sufficient resources to a program to ensure that—

“(i) the State collects and reports to the Secretary accurate, complete, and timely motor carrier safety data; and

“(ii) the State participates in a 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 sanctions;

“(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 noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles;

“(U) provides that the State will enforce the registration requirements of sections 13902 and 31134 by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under those sections or to be operated beyond the scope of the motor carrier's registration;

“(V) provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations 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 passengers 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 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 deficiencies 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 Secretary 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 program 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 accessible 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 procedures that would reasonably be expected to risk circumvention of the law.

“(d) Exclusion of U.S. territories—The requirement that a State conduct safety audits of new entrant motor carriers under subsection (c)(2)(Y) does not apply to a territory of the United States unless required by the Secretary.

“(e) Intrastate compatibility—The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws, including regulations, with Federal motor carrier safety regulations to be enforced under subsections (b) and (c). To the extent practicable, the guidelines and standards shall allow for maximum 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 5106 of the Surface Transportation Reauthorization and Reform Act of 2015, a State plan under subsection (c) shall provide that the total expenditure of amounts of the lead State commercial motor vehicle safety agency responsible for administering the plan will be maintained at a level each fiscal year 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 Surface Transportation Reauthorization and Reform Act of 2015.

“(2) Adjusted baseline after fiscal year 2017—At the request of a State, the Secretary may evaluate additional documentation related to the maintenance of effort and may make reasonable adjustments to the maintenance of effort baseline after the year in which the Secretary implements a new allocation formula under section 5106 of the Surface Transportation Reauthorization and Reform Act of 2015, and this adjusted baseline will replace the maintenance of effort requirement 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 agreement—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 maintenance 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 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 regulations, for—

“(A) enforcement of commercial motor vehicle size and weight limitations at locations, excluding fixed-weight facilities, such as near steep grades or mountainous terrains, 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 commercial 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 activities 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 prescribe allocation criteria for funds made available under section 31104(a)(1).

“(2) Annual allocations—On October 1 of each fiscal year, or as soon as practicable thereafter, and after making a deduction under section 31104(c), the Secretary shall allocate amounts made available under section 31104(a)(1) to carry out this section for the fiscal year among the States with plans approved under this section in accordance with the criteria prescribed under paragraph (1).

changed “(3) Elective adjustments—Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary to calculate the annual allocation amounts, after the creation of a new allocation formula under section 5106 of the Surface Transportation Reauthorization and Reform Act of 2015 2015, the Secretary may not make elective adjustments to the allocation formula that decrease a State’s Federal funding levels by more than 3 percent in a fiscal year. The 3 percent limit shall not apply to the withholding 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 regulations, standards, or orders described in subsection (c)(1), or the State is otherwise not in compliance with the requirements 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 withdrawing 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 noncompliance;

“(ii) up to 10 percent of funds for the first full fiscal year of noncompliance;

“(iii) up to 25 percent of funds for the second full fiscal year of noncompliance; and

“(iv) not more than 50 percent of funds for the third and any subsequent full fiscal year of noncompliance.

“(3) Judicial review—A State adversely 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 jurisdiction in an administrative or a judicial proceeding that commenced 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

“(1) In general—The Secretary shall administer a high priority program funded under section 31104 for the purposes 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, federally 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 hazardous materials;

“(D) improve safe transportation of goods and persons in foreign commerce;

“(E) demonstrate new technologies to improve commercial motor vehicle safety;

“(F) support participation in performance and registration 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 compliance 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 program

“(A) In general—The Secretary shall establish an innovative technology deployment grant program to make discretionary grants funded under section 31104(a)(2) to eligible States for the innovative technology deployment of commercial motor vehicle information systems and networks.

“(B) Purposes—The purposes of the program shall be—

“(i) to advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, 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 commercial motor vehicle operations and Federal and State commercial motor vehicle regulatory requirements.

“(C) Eligibility—To be eligible for a grant under this paragraph, a State shall—

“(i) have a commercial motor vehicle information systems and networks program plan approved by the Secretary that describes the various systems and networks 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 procurement, software and system development, and infrastructure 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 developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for commercial 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 solutions that support commercial motor vehicle information systems and networks;

“(ii) for planning activities, including the development 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 associated with innovative technology.

“(E) Secretary authorization—The Secretary is authorized to award a State funding for the operation and maintenance costs associated with innovative technology deployment with funds made available under sections 31104(a)(1) and 31104(a)(2).”

“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 programs to train former members of the armed forces (as defined in section 101 of title 10) in the safe operation of such vehicles.”

“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—

“(A) $278,242,684 for fiscal year 2017;

“(B) $293,685,550 for fiscal year 2018;

“(C) $308,351,227 for fiscal year 2019;

“(D) $323,798,553 for fiscal year 2020; and

“(E) $339,244,023 for fiscal year 2021.

“(2) High priority activities program—Subject to subsection (c), to make grants and cooperative agreements under section 31102(l), the Secretary may set aside from amounts made available under paragraph (1) up to—

“(A) $40,798,780 for fiscal year 2017;

“(B) $41,684,114 for fiscal year 2018;

“(C) $42,442,764 for fiscal year 2019;

“(D) $43,325,574 for fiscal year 2020; and

“(E) $44,209,416 for fiscal year 2021.

“(3) Commercial motor vehicle operators grant program—To carry out section 31103—

“(A) $1,000,000 for fiscal year 2017;

“(B) $1,000,000 for fiscal year 2018;

“(C) $1,000,000 for fiscal year 2019;

“(D) $1,000,000 for fiscal year 2020; and

“(E) $1,000,000 for fiscal year 2021.

“(4) Commercial driver's license program implementation program—Subject to subsection (c), to carry out section 31313—

“(A) $30,958,536 for fiscal year 2017;

“(B) $31,630,336 for fiscal year 2018;

“(C) $32,206,008 for fiscal year 2019;

“(D) $32,875,893 for fiscal year 2020; and

“(E) $33,546,562 for fiscal year 2021.

“(b) Reimbursement and payment to recipients for Government share of costs

“(1) In general—Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government's share of the costs incurred.

“(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 support—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 contractual obligation of the Federal Government for payment of the Federal Government's share of costs in carrying out the provisions of the grant or cooperative agreement.

“(e) Eligible activities—The Secretary shall establish criteria for eligible activities to be funded with financial assistance agreements 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 agreement funds for recipient expenditures—The period of availability 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 agreement 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.

“(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.”

“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 administrative expenses of the Federal Motor Carrier Safety Administration—

“(1) $259,000,000 for fiscal year 2016;

“(2) $259,000,000 for fiscal year 2017;

“(3) $259,000,000 for fiscal year 2018;

“(4) $259,000,000 for fiscal year 2019;

“(5) $259,000,000 for fiscal year 2020; and

“(6) $259,000,000 for fiscal year 2021.

“(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 management 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.

“(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 subsection (a), the Secretary shall make available not more than $4,000,000 each fiscal year.

“(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 Federal Government for payment of the Federal Government's share of costs.”

“(10) $218,000,000 for fiscal year 2015; and

“(11) $241,480,000 for fiscal year 2016.”

“(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 program improvement grants program under section 31313 of title 49, United States Code, $30,480,000 for fiscal year 2016.

“(2) Border enforcement grants—For border enforcement grants under section 31107 of that title $32,512,000 for fiscal year 2016.

“(3) Performance and registration information systems management grant program—For the performance and registration information systems management grant program under section 31109 of that title $5,080,000 for fiscal year 2016.

“(4) Commercial vehicle information systems and networks deployment—For carrying out the commercial vehicle information systems and networks deployment program under section 4126 of this Act $25,400,000 for fiscal year 2016.

“(5) Safety data improvement grants—For safety data improvement grants under section 4128 of this Act $3,048,000 for fiscal year 2016.”

“(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.”

“(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.”

added Not later than 1 year 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—

removed “14916. Unlawful brokerage activities”

removed “(A) In general—In addition”

Section 503(c) of title 23, United States Code, is amended by adding at the end the following:

“(4) Advanced transportation technologies deployment

“(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 investment.

“(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 investments, 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;

“(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 transportation;

“(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 management 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 efficiency and reduce traffic congestion.

“(IV) Partnerships—A plan for partnering with the private sector or public agencies, including multimodal and multijurisdictional entities, research institutions, organizations representing 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 to not less than 5 and not more than 8 eligible entities.

“(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.

“(E) Use of grant funds—A grant recipient may use funds awarded under this paragraph to deploy advanced transportation and congestion management technologies, including—

“(i) advanced traveler information systems;

“(ii) advanced transportation management technologies;

“(iii) infrastructure maintenance, monitoring, and condition assessment;

“(iv) advanced public transportation systems;

“(v) transportation system performance data collection, analysis, and dissemination systems;

“(vi) advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications, technologies associated with autonomous vehicles, and other collision avoidance technologies, including systems using cellular technology;

“(vii) integration of intelligent transportation systems with the Smart Grid and other energy distribution 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—Not later than 1 year after an eligible entity receives a grant under this paragraph, 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 provides; and

“(ii) how the project has met the original expectations 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

“(IV) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.

“(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 Web site a report that describes the effectiveness of grant recipients in meeting their projected 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 transportation information to make informed travel decisions;

“(vii) provided cost savings to transportation agencies, 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 requirements of the grant; and

“(ii) the Secretary provides written notice 60 days prior to withholding funds to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

“(I) Funding

“(i) In general—From funds made available to carry out section 503(b), this subsection, and sections 512 through 518, the Secretary shall set aside for grants awarded under subparagraph (D) $75,000,000 for each of fiscal years 2016 through 2021.

“(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 subsection 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 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 section 503(b);

“(II) the program under section 503(c); 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:

changed “(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 subdivision of a State or local government or a multijurisdictional group.group or a consortia of research institutions or academic institutions.

“(ii) Advanced and congestion management transportation technologies—The term advanced transportation and congestion management technologies means technologies that improve the efficiency, safety, or state of good repair of surface transportation systems, including intelligent transportation systems.

“(iii) Multijurisdictional group—The term multijurisdictional group means a any combination of State governments, locals 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 implement the advanced transportation technologies deployment initiative across jurisdictional boundaries; and

“(II) is an eligible entity under this paragraph.”

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 transportation 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

changed “(1) Applications—To receive a grant under this section, a consortium of nonprofit institution 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.

changed “(2) Restriction—An Limitation—A lead institution of a consortium of nonprofit institutions of higher education education, as applicable, may not receive funding (directly or indirectly) in a only submit 1 grant application per fiscal year under 2 different awards for each of the transportation centers described under this section.paragraphs (2), (3), and (4) of subsection (c).

“(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 identified in section 503 of title 23.

“(B) Criteria—The Secretary, in consultation with the Assistant Secretary for Research and Technology and the Administrator of the Federal Highway Administration, shall select each recipient of a grant under this section through a competitive process based on the assessment of the Secretary 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 leadership 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 programs through—

“(I) degree-granting programs or programs that provide other industry-recognized credentials; and

changed “(II) outreach activities to attract new entrants into the transportation field;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, education, 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 Representatives and the Committee on Environment and Public Works of the Senate a report describing the overall review process under paragraph (3) that includes—

“(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 such as the Transportation Research Board of the National Research Council of the National Academies to evaluate and competitively review all proposals.

“(c) Grants

changed “(1) In general—Not later than 1 year after the date of enactment of this section, the Secretary, Assistant Secretary for Research and Technology Technology, and the Administrator of the Federal Highway Administration shall select grant recipients under subsection (b) and make grant amounts available 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 Secretary determines best meet the criteria described in subsection (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.

changed “(ii) Focused research—A consortium receiving a grant under this paragraph shall focus research on 1 of the transportation issue areas specified in section 508(a)(2) of title 23, United States Code.23.

“(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—

changed “(I) section 504(b) of title 23, United States Code; 23; or

changed “(II) section 505 of title 23, United States Code.23.

“(3) Regional university transportation centers

changed “(A) Location of regional centers—One regional university transportation center shall be located in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled “Standard Federal Regions” and dated April, 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 Federal region to be served; and

“(iii) whether the consortium of institutions demonstrates 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;

“(II) a historical track record of awarding graduate 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—

changed “(I) section 504(b) of title 23, United States Code; 23; or

changed “(II) section 505 of title 23, United States Code.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.

“(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—

changed “(I) section 504(b) of title 23, United States Code; 23; or

changed “(II) section 505 of title 23, United States Code.23.

changed “(C) Focused research—In awarding grants under this paragraph, section, consideration shall be given to minority institutions, as defined by section 365 of the Higher Education 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

changed “(B) disseminate the results of that research through the establishment and operation of a publically publicly accessible online information clearinghouse.

“(2) Annual review and evaluation—Not less frequently than annually, and consistent with the plan developed under section 508 of title 23, the Secretary shall—

“(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 Committee on Environment and Public Works of the Senate a report describing that review and evaluation.

“(3) Program evaluation and oversight—For each of fiscal years 2016 through 2021, 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 Secretary 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 satisfaction assessments, shall not be subject to chapter 35 of title 44.”

“(vii) develop and improve transportation economic accounts to meet demand for methods for estimating the economic value of transportation infrastructure, investment, and services;

“(viii) not be required to obtain the approval of any other officer or employee of the Department in connection with the collection or analysis of any information;

changed “(ix) Not not be required, prior to publication, to obtain the approval of any other officer or employee of the Federal Government with respect to the substance of any statistical technical reports or press releases that the Director has prepared in accordance with the law.”law;”

Section 5128 of title 49, United States Code, is amended to read as follows:

added “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;

“(5) $60,000,000 for fiscal year 2020; and

“(6) $62,000,000 for fiscal year 2021.

“(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 2021—

“(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 Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $5,000,000 for each of fiscal years 2016 through 2021 to carry out section 5107(e).

“(d) 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.”

added Section 5103 of title 49, United States Code, is amended—

“(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 movement 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 objectives of this chapter.

“(3) Statement of reasons—The Secretary shall include in any order issued under this section the reason for granting the waiver.”

Section 5117 of title 49, United States Code, is amended—

“(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, modification 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.”

“(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 jurisdiction 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 transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.

“(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 Federal 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 consistent with the objectives of this section.

“(4) A State or Indian tribe receiving a grant under this subsection 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 Secretary, to provide the training—

“(i) if the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice;

“(ii) the person agrees to have an auditable accounting system; and

“(iii) if 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 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 transported in the State or on such land;

“(C) whether the State or Indian tribe imposes and collects a fee on 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 effectively managing planning and training grants; and

“(F) any other factors the Secretary determines are appropriate to carry out this subsection.”

“IX Multimodal Freight Transportation

“701 Multimodal freight policy

“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 competitiveness 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 of the National Multimodal Freight Network;

changed “(6) to improve the short short- and long distance long-distance movement of goods that—

changed “(A) travel across rural areas between population centers; andcenters;

changed “(B) travel between rural areas and population centers;centers; and

added “(C) travel from the Nation’s ports, airports, and gateways to the National Multimodal Freight Network;

“(7) 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; and

“(8) to reduce the adverse environmental impacts of freight movement on the National Multimodal Freight Network.

“70102. National freight strategic plan

“(a) In general—Not later than 2 years after the date of enactment of this section, the Secretary of Transportation 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;

“(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 Secretary, which shall, at a minimum, include—

“(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 operational 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) an identification of best practices for improving the performance of the National Multimodal Freight Network;

“(7) a process for addressing multistate projects and encouraging jurisdictions to collaborate; and

“(8) strategies to improve freight intermodal connectivity.

“(c) Updates—Not later than 5 years after the date of completion of the national freight strategic plan under subsection (a), and every 5 years thereafter, the Secretary shall update the plan and publish the updated plan on the public Internet Web site of the Department of Transportation.

“(d) Consultation—The Secretary shall develop and update the national freight strategic plan in consultation with State departments of transportation, metropolitan planning organizations, and other appropriate public and private transportation stakeholders.

“70103. National Multimodal Freight Network

“(a) In general—Not later than 180 days after the date of enactment of this section, the Secretary of Transportation shall establish the National Multimodal Freight Network in accordance with this section—

“(1) to focus Federal policy on the most strategic freight assets; and

“(2) to assist in strategically directing resources and policies toward improved performance of the National Multimodal Freight Network.

added “(b) Network components—The National Multimodal Freight Network shall include—

removed “(b) Network components—The National Multimodal Freight Network shall consist of—

“(1) the National Highway Freight Network, as established under section 167 of title 23;

“(2) the freight rail systems of Class I railroads, as designated by the Surface Transportation Board;

“(3) 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 Commerce Statistics Center of the Army Corps of Engineers, using the data from the latest year for which such data is available;

“(4) 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);

“(5) the Great Lakes, the St. Lawrence Seaway, and coastal routes along which domestic freight is transported;

“(6) the 50 airports located in the United States with the highest annual landed weight, as identified by the Federal Aviation Administration; and

“(7) other strategic freight assets, including strategic intermodal facilities and freight rail lines of Class II and Class III railroads, designated by the Secretary as critical to interstate commerce.

removed “(c) Redesignation—Not later than 5 years after the date of establishment of the National Multimodal Freight Network under subsection (a), and every 5 years thereafter, the Secretary shall update the National Multimodal Freight Network.

changed “(d) Consultation—The “(c) Other strategic freight assets—In determining network components in subsection (b), the Secretary shall establish and update may consider strategic freight assets identified by States, including public ports if such ports do not meet the annual tonnage threshold, for inclusion on the National Multimodal Freight Network in consultation with State departments of transportation and other appropriate public and private transportation stakeholders.Network.

changed “(e) Landed weight defined—In this section, the term landed weight means “(d) Redesignation—Not later than 5 years after the weight date of an aircraft transporting only cargo in intrastate, interstate, or foreign air transportation, as such terms are defined in section 40102(a).establishment of the National Multimodal Freight Network under subsection (a), and every 5 years thereafter, the Secretary shall update the National Multimodal Freight Network.

added “(e) Consultation—The Secretary shall establish and update the National Multimodal Freight Network in consultation with State departments of transportation and other appropriate public and private transportation stakeholders.

added “(f) Landed weight defined—In this section, the term landed weight means the weight of an aircraft transporting only cargo in intrastate, interstate, or foreign air transportation, as such terms are defined in section 40102(a).

“702 Multimodal freight transportation planning and information

“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 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 freight plan described in subsection (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) a description of how the plan will improve the ability of the State to meet the national freight goals described in section 70101;

“(4) evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement;

“(5) in the case of routes on which travel by heavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of roadways, a description of improvements that may be required to reduce or impede the deterioration; and

“(6) an inventory of facilities with freight mobility issues, such as truck bottlenecks, within the State, and a description of the strategies the State is employing to address those freight mobility issues.

“(c) Relationship to State plans

“(1) In general—A freight plan described in subsection (a) may be developed separately from or incorporated into the statewide transportation plans required by section 135 of title 23.

“(2) Updates—If the freight plan described in subsection (a) is developed separately from the State transportation improvement program, the freight plan shall be updated at least every 5 years.

“70203. Data and tools

“(a) In general—Not later than 1 year after the date of enactment of this section, the Secretary shall—

“(1) begin development of new tools or improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including—

“(A) methodologies for systematic analysis of benefits and costs;

“(B) tools for ensuring that the evaluation of freight-related and other transportation projects may consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process; and

“(C) other elements to assist in effective transportation planning;

“(2) identify transportation-related freight travel models and 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, including improved methods to standardize and manage the data, 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).”

“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 administer the application processes for programs within the Department in accordance with subsection (d);

“(2) to promote innovative financing best practices in accordance with subsection (e);

“(3) to reduce uncertainty and delays with respect to environmental reviews and permitting in accordance with subsection (f);

“(4) to reduce costs and risks to taxpayers in project delivery and procurement in accordance with subsection (g); and

“(5) to carry out subtitle IX of this title.

“(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 established 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 application 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 Secretary 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 Secretary 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 processes for the programs referred to in paragraph (1), the Executive Director of the Bureau 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 Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Environment and Public Works of the Senate a report that—

“(A) evaluates the application processes for the programs referred to in paragraph (1);

“(B) identifies administrative and legislative actions that would improve the efficiency of the application processes without diminishing Federal oversight; and

“(C) describes how the Secretary will implement administrative actions identified under subparagraph (B) that do not require an Act of Congress.

“(6) Procedures and transparency

“(A) Procedures—The Secretary shall, with respect to the programs referred to in paragraph (1)—

“(i) establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the Council on Credit and Finance;

“(ii) establish procedures for addressing late-arriving applications, as applicable, and communicating 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 Secretary with the requirements of this paragraph.

“(ii) Recommendations—The Comptroller General may make recommendations to the Secretary 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 General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works 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, the States, and other public and private interests to develop and promote best practices for innovative financing and public-private partnerships.

“(2) Activities—The Bureau shall carry out paragraph (1)—

“(A) by making Federal credit assistance programs more accessible to eligible recipients;

“(B) by providing advice and expertise to State and local governments that seek to leverage public and private funding;

“(C) by sharing innovative financing best practices and case studies from State and local governments with other State and local governments 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 practices, including best practices related to—

“(I) accurate and reliable assumptions for analyzing 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 appropriate by the Bureau;

“(ii) standard contracts for the most common types of public-private partnerships for transportation facilities; and

“(iii) analytical tools and other techniques to aid State and local governments in determining the appropriate project delivery model, including a value for money analysis.

“(3) Transparency—The Bureau shall—

“(A) ensure transparency of a project receiving credit assistance under a program identified in subsection (d)(1) and procured as a public-private partnership by—

“(i) requiring the project sponsor of such 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 subparagraph (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 completion of the project, requiring the project sponsor of such project to conduct a review regarding whether the private partner is meeting the terms of the relevant public private partnership agreement for the project; and

changed “(iv) providing a publicly available summary of the total level of Federal assistance in such project.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 partnerships.

“(4) Support to projects sponsors—At the request of a State or local government, the Bureau shall provide technical assistance to the State or local government regarding proposed public-private partnership agreements for transportation facilities, including assistance in performing a value for money analysis or comparable analysis.

“(5) Fixed guideway transit procedures report—Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that—

“(A) evaluates the differences between traditional design-bid-build, design-build, and public-private partnership procurements for projects carried out under the fixed guideway capital investment program authorized under section 5309;

“(B) identifies, for project procured as public-private partnerships whether the review and approval process under the program requires modification to better suit the unique nature of such procurements; and

“(C) describes how the Secretary will implement any administrative actions identified under subparagraph (B) that do not require an Act of Congress.

“(f) Environmental review and permitting

“(1) In general—The Bureau shall take such actions as are appropriate and consistent with the goals and policies set forth in this title and title 23, including with the concurrence of other Federal agencies as required under this title and title 23, to improve delivery timelines for projects.

“(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 Department-wide efforts to improve the efficiency and effectiveness of the environmental review and permitting process;

“(C) by coordinating Department efforts under section 139 of title 23;

“(D) by supporting modernization efforts at Federal agencies to achieve innovative approaches to the permitting and review of projects;

“(E) 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;

“(F) by identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969; and

“(G) by administering and expanding the use of Internet-based tools providing for—

“(i) the development and posting of schedules for permit reviews and permit decisions for projects; and

“(ii) the sharing of best practices related to efficient permitting and reviews for projects.

“(3) Support to project sponsors—At the request of a State or local government, the Bureau, in coordination with the other appropriate modal agencies within the Department, shall provide technical assistance with regard to the compliance of a project sponsored by the State or local government with the requirements of the National Environmental Policy Act 1969 and relevant Federal environmental permits.

“(g) Project procurement

“(1) In general—The Bureau shall promote best practices in procurement for a project receiving assistance under a program identified in subsection (d)(1) by developing, in coordination with the Federal Highway Administration and other modal agencies as appropriate, procurement benchmarks in order to ensure accountable expenditure of Federal assistance over the life cycle of such project.

“(2) Procurement benchmarks—The procurement benchmarks developed under paragraph (1) shall, to the maximum extent practicable—

“(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.

“(h) Elimination and consolidation of duplicative offices

“(1) Elimination of offices—The Secretary may eliminate any office within the Department if the Secretary determines that the purposes of the office are duplicative of the purposes of the Bureau, and the elimination of such office shall not adversely affect the obligations of the Secretary under any Federal law.

“(2) Consolidation of offices—The Secretary may consolidate any office 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) Budgetary resources

“(i) Transfer of funds from eliminated or consolidated offices—The Secretary may transfer to the Bureau funds allocated to any office that is eliminated or consolidated under this subsection to carry out the purposes of the Bureau.

“(ii) Transfer of funds allocated to administrative costs—The Secretary shall transfer to the Bureau funds allocated to the administrative costs of processing applications for the programs referred to in subsection (d)(1).

“(4) Report—Not later than 180 days after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate a report that—

“(A) lists the offices eliminated under paragraph (1) and provides the rationale for elimination of the offices;

“(B) lists the offices consolidated under paragraph (2) and provides the rationale for consolidation of the offices; and

“(C) describes the actions taken under paragraph (3) and provides the rationale for taking such actions.

“(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 construed 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, and project approval or implementation for the programs and projects subject to this section.

“(j) Definitions—In this section, the following definitions apply:

“(1) Bureau—The term Bureau means the National Surface Transportation and Innovative Finance Bureau of the Department.

“(2) Department—The term Department means the Department of Transportation.

“(3) Multimodal project—The term multimodal project means a project involving the participation of more than one modal administration or secretarial office within the Department.

“(4) Project—The term project means a highway project, public transportation capital project, freight or passenger rail project, or multimodal project.”