Division A — Surface Transportation
DIVISION A Surface Transportation
SEC. 1002. Reconciliation of Funds.
The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity under titles I and VI of this Act in fiscal year 2016 by amounts apportioned or allocated pursuant to any extension Act of MAP–21, including the amendments made by that extension Act, during the period beginning on October 1, 2015, and ending on the date of enactment of this Act. For purposes of making such reductions, funds set aside pursuant to section 133(h) of title 23, United States Code, as amended by this Act, shall be reduced by the amount set aside pursuant to section 213 of such title, as in effect on the day before the date of enactment of this Act.
SEC. 1003. Effective Date.
Except as otherwise provided, this division, including the amendments made by this division, takes effect on October 1, 2015.
SEC. 1004. References.
Except as expressly provided otherwise, any reference to “this Act” contained in this division shall be treated as referring only to the provisions of this division.
TITLE I Federal-Aid Highways
Subtitle A Authorizations and Programs
SEC. 1101. Authorization of Appropriations.
In General.— The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
Federal-aid highway program.— For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, and to carry out section 134 of that title—
$39,727,500,000 for fiscal year 2016;
$40,547,805,000 for fiscal year 2017;
$41,424,020,075 for fiscal year 2018;
$42,358,903,696 for fiscal year 2019; and
$43,373,294,311 for fiscal year 2020.
Transportation infrastructure finance and innovation program.— For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code—
$275,000,000 for fiscal year 2016;
$275,000,000 for fiscal year 2017;
$285,000,000 for fiscal year 2018;
$300,000,000 for fiscal year 2019; and
$300,000,000 for fiscal year 2020.
Federal lands and tribal transportation programs.—
Tribal transportation program.— For the tribal transportation program under section 202 of title 23, United States Code—
$465,000,000 for fiscal year 2016;
$475,000,000 for fiscal year 2017;
$485,000,000 for fiscal year 2018;
$495,000,000 for fiscal year 2019; and
$505,000,000 for fiscal year 2020.
Federal lands transportation program.—
In general.— For the Federal lands transportation program under section 203 of title 23, United States Code—
$335,000,000 for fiscal year 2016;
$345,000,000 for fiscal year 2017;
$355,000,000 for fiscal year 2018;
$365,000,000 for fiscal year 2019; and
$375,000,000 for fiscal year 2020.
Allocation.— Of the amount made available for a fiscal year under clause (i)—
the amount for the National Park Service is—
$268,000,000 for fiscal year 2016;
$276,000,000 for fiscal year 2017;
$284,000,000 for fiscal year 2018;
$292,000,000 for fiscal year 2019; and
$300,000,000 for fiscal year 2020.
the amount for the United States Fish and Wildlife Service is $30,000,000 for each of fiscal years 2016 through 2020; and
the amount for the United States Forest Service is—
$15,000,000 for fiscal year 2016;
$16,000,000 for fiscal year 2017;
$17,000,000 for fiscal year 2018;
$18,000,000 for fiscal year 2019; and
$19,000,000 for fiscal year 2020.
Federal lands access program.— For the Federal lands access program under section 204 of title 23, United States Code—
$250,000,000 for fiscal year 2016;
$255,000,000 for fiscal year 2017;
$260,000,000 for fiscal year 2018;
$265,000,000 for fiscal year 2019; and
$270,000,000 for fiscal year 2020.
Territorial and puerto rico highway program.— For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $200,000,000 for each of fiscal years 2016 through 2020.
Nationally significant freight and highway projects.— For nationally significant freight and highway projects under section 117 of title 23, United States Code—
$800,000,000 for fiscal year 2016;
$850,000,000 for fiscal year 2017;
$900,000,000 for fiscal year 2018;
$950,000,000 for fiscal year 2019; and
$1,000,000,000 for fiscal year 2020.
Disadvantaged Business Enterprises.—
Findings.— Congress finds that—
while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted surface transportation markets across the United States;
the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;
Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;
the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and
the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.
Definitions.— In this subsection, the following definitions apply:
Small business concern.—
In general.— The term “small business concern” means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).
Exclusions.— The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $23,980,000, as adjusted annually by the Secretary for inflation.
Socially and economically disadvantaged individuals.— The term “socially and economically disadvantaged individuals” has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.
Amounts for small business concerns.— Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.
Annual listing of disadvantaged business enterprises.— Each State shall annually—
survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and
notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—
women;
socially and economically disadvantaged individuals (other than women); and
individuals who are women and are otherwise socially and economically disadvantaged individuals.
Uniform certification.—
In general.— The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.
Inclusions.— The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—
on-site visits;
personal interviews with personnel;
issuance or inspection of licenses;
analyses of stock ownership;
listings of equipment;
analyses of bonding capacity;
listings of work completed;
examination of the resumes of principal owners;
analyses of financial capacity; and
analyses of the type of work preferred.
Reporting.— The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—
information concerning disadvantaged business enterprise awards, commitments, and achievements; and
such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
Compliance with court orders.— Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.
Sense of congress on prompt payment of dbe subcontractors.— It is the sense of Congress that—
the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and
such additional steps should include increasing the Department’s ability to track and keep records of complaints and to make that information publicly available.
SEC. 1102. Obligation Ceiling.
General Limitation.— Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—
$42,361,000,000 for fiscal year 2016;
$43,266,100,000 for fiscal year 2017;
$44,234,212,000 for fiscal year 2018;
$45,268,596,000 for fiscal year 2019; and
$46,365,092,000 for fiscal year 2020.
Exceptions.— The limitations under subsection (a) shall not apply to obligations under or for—
section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);
subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);
section 157 of title 23, United States Code (as in effect on June 8, 1998);
section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);
Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;
section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);
section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;
section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); and
section 119 of title 23, United States Code (but, for fiscal years 2016 through 2020, only in an amount equal to $639,000,000 for each of those fiscal years).
Distribution of Obligation Authority.— For each of fiscal years 2016 through 2020, the Secretary—
shall not distribute obligation authority provided by subsection (a) for the fiscal year for—
amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and
amounts authorized for the Bureau of Transportation Statistics;
shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—
made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and
for which obligation authority was provided in a previous fiscal year;
shall determine the proportion that—
the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (12) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(13) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying—
the proportion determined under paragraph (3); by
the amounts authorized to be appropriated for each such program for the fiscal year; and
shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(13) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that—
amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to
the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.
Redistribution of Unused Obligation Authority.— Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2016 through 2020—
revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and
redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141)) and 104 of title 23, United States Code.
Applicability of Obligation Limitations to Transportation Research Programs.—
In general.— Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under—
chapter 5 of title 23, United States Code; and
title VI of this Act.
Exception.— Obligation authority made available under paragraph (1) shall—
remain available for a period of 4 fiscal years; and
be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
Redistribution of Certain Authorized Funds.—
In general.— Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2016 through 2020, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—
are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and
the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.
Ratio.— Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).
Availability.— Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.
SEC. 1103. Definitions.
Section 101(a) of title 23, United States Code, is amended—
by striking paragraph (29);
by redesignating paragraphs (15) through (28) as paragraphs (16) through (29), respectively; and
by inserting after paragraph (14) the following:
“(15) National highway freight network.—The term ‘National Highway Freight Network’ means the National Highway Freight Network established under section 167.”
SEC. 1104. Apportionment.
Administrative Expenses.— Section 104(a)(1) of title 23, United States Code, is amended to read as follows:
“(1) In general.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
“(A) $453,000,000 for fiscal year 2016;
“(B) $459,795,000 for fiscal year 2017;
“(C) $466,691,925 for fiscal year 2018;
“(D) $473,692,304 for fiscal year 2019; and
“(E) $480,797,689 for fiscal year 2020.”
Division Among Programs of State’s Share of Base Apportionment.— Section 104(b) of title 23, United States Code, is amended—
by striking “ (b) Division of” and all that follows before paragraph (1) and inserting the following:
“(b) Division Among Programs of State’s Share of Base Apportionment.—The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, and to carry out section 134 as follows:”
in paragraphs (1), (2), and (3) by striking “ paragraphs (4) and (5)” each place it appears and inserting “ paragraphs (4), (5), and (6)”;
in paragraph (2)—
in the paragraph heading by striking “ Surface transportation program” and inserting “ Surface transportation block grant program”; and
by striking “ surface transportation program” and inserting “ surface transportation block grant program”;
in paragraph (4), in the matter preceding subparagraph (A), by striking “ the amount determined for the State under subsection (c)” and inserting “ the amount of the base apportionment remaining for the State under subsection (c) after making the set aside in accordance with paragraph (5)”;
by redesignating paragraph (5) as paragraph (6);
by inserting after paragraph (4) the following:
“(5) National highway freight program.—
“(A) In general.—For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C).
“(B) Total amount.—The total amount set aside for the national highway freight program for all States shall be—
“(i) $1,150,000,000 for fiscal year 2016;
“(ii) $1,100,000,000 for fiscal year 2017;
“(iii) $1,200,000,000 for fiscal year 2018;
“(iv) $1,350,000,000 for fiscal year 2019; and
“(v) $1,500,000,000 for fiscal year 2020.
“(C) State share.—For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph (B) so that each State receives the amount equal to the proportion that—
“(i) the total base apportionment determined for the State under subsection (c); bears to
“(ii) the total base apportionments for all States under subsection (c).
“(D) Metropolitan planning.—Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that—
“(i) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to
“(ii) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405).”
; and
in paragraph (6) (as so redesignated), in the matter preceding subparagraph (A), by striking “ the amount determined for the State under subsection (c)” and inserting “ the amount of the base apportionment remaining for a State under subsection (c) after making the set aside in accordance with paragraph (5)”.
Calculation of State Amounts.— Section 104(c) of title 23, United States Code, is amended to read as follows:
“(c) Calculation of Amounts.—
“(1) State share.—For each of fiscal years 2016 through 2020, the amount for each State shall be determined as follows:
“(A) Initial amounts.—The initial amounts for each State shall be determined by multiplying—
“(i) each of—
“(I) the base apportionment;
“(II) supplemental funds reserved under subsection (h)(1) for the national highway performance program; and
“(III) supplemental funds reserved under subsection (h)(2) for the surface transportation block grant program; by
“(ii) the share for each State, which shall be equal to the proportion that—
“(I) the amount of apportionments that the State received for fiscal year 2015; bears to
“(II) the amount of those apportionments received by all States for that fiscal year.
“(B) Adjustments to amounts.—The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available.
“(2) State apportionment.—On October 1 of fiscal years 2016 through 2020, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 in accordance with paragraph (1).”
Supplemental Funds.— Section 104 of title 23, United States Code, is amended by adding at the end the following:
“(h) Supplemental Funds.—
“(1) Supplemental funds for national highway performance program.—
“(A) Amount.—Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the national highway performance program under section 119 for that fiscal year an amount equal to—
“(i) $53,596,122 for fiscal year 2019; and
“(ii) $66,717,816 for fiscal year 2020.
“(B) Treatment of funds.—Funds reserved under subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(1), and shall be in addition to amounts apportioned under that subsection.
“(2) Supplemental funds for surface transportation block grant program.—
“(A) Amount.—Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the surface transportation block grant program under section 133 for that fiscal year an amount equal to—
“(i) $835,000,000 for each of fiscal years 2016 and 2017 pursuant to section 133(h), plus—
“(I) $55,426,310 for fiscal year 2016; and
“(II) $89,289,904 for fiscal year 2017; and
“(ii) $850,000,000 for each of fiscal years 2018 through 2020 pursuant to section 133(h), plus—
“(I) $118,013,536 for fiscal year 2018;
“(II) $130,688,367 for fiscal year 2019; and
“(III) $170,053,448 for fiscal year 2020.
“(B) Treatment of funds.—Funds reserved under subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(2), and shall be in addition to amounts apportioned under that subsection.
“(i) Base Apportionment Defined.—In this section, the term ‘base apportionment’ means—
“(1) the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134; minus
“(2) supplemental funds reserved under subsection (h) for the national highway performance program and the surface transportation block grant program.”
Conforming Amendments.—
Section 104(d)(1)(A) of title 23, United States Code, is amended by striking “ subsection (b)(5)” each place it appears and inserting “ paragraphs (5)(D) and (6) of subsection (b)”.
Section 120(c)(3) of title 23, United States Code, is amended—
in subparagraph (A) in the matter preceding clause (i), by striking “ or (5)” and inserting “ (5)(D), or (6)”; and
in subparagraph (C)(i) by striking “ and (5)” and inserting “ (5)(D), and (6)”.
Section 135(i) of title 23, United States Code, is amended by striking “ section 104(b)(5)” and inserting “ paragraphs (5)(D) and (6) of section 104(b)”.
Section 136(b) of title 23, United States Code, is amended in the first sentence by striking “ paragraphs (1) through (5) of section 104(b)” and inserting “ paragraphs (1) through (6) of section 104(b)”.
Section 141(b)(2) of title 23, United States Code, is amended by striking “ paragraphs (1) through (5) of section 104(b)” and inserting “ paragraphs (1) through (6) of section 104(b)”.
Section 505(a) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking “ through (4)” and inserting “ through (5)”.
SEC. 1105. Nationally Significant Freight and Highway Projects.
In General.— Title 23, United States Code, is amended by inserting after section 116 the following:
Ҥ 117. Nationally significant freight and highway projects
“(a) Establishment.—
“(1) In general.—There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance.
“(2) Goals.—The goals of the program shall be to—
“(A) improve the safety, efficiency, and reliability of the movement of freight and people;
“(B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
“(C) reduce highway congestion and bottlenecks;
“(D) improve connectivity between modes of freight transportation;
“(E) enhance the resiliency of critical highway infrastructure and help protect the environment;
“(F) improve roadways vital to national energy security; and
“(G) address the impact of population growth on the movement of people and freight.
“(b) Grant Authority.—
“(1) In general.—In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section.
“(2) Grant amount.—Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000.
“(c) Eligible Applicants.—
“(1) In general.—The Secretary may make a grant under this section to the following:
“(A) A State or a group of States.
“(B) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.
“(C) A unit of local government or a group of local governments.
“(D) A political subdivision of a State or local government.
“(E) A special purpose district or public authority with a transportation function, including a port authority.
“(F) A Federal land management agency that applies jointly with a State or group of States.
“(G) A tribal government or a consortium of tribal governments.
“(H) A multistate or multijurisdictional group of entities described in this paragraph.
“(2) Applications.—To be eligible for a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.
“(d) Eligible Projects.—
“(1) In general.—Except as provided in subsection (e), the Secretary may make a grant under this section only for a project that—
“(A) is—
“(i) a highway freight project carried out on the National Highway Freight Network established under section 167;
“(ii) a highway or bridge project carried out on the National Highway System, including—
“(I) a project to add capacity to the Interstate System to improve mobility; or
“(II) a project in a national scenic area;
“(iii) a freight project that is—
“(I) a freight intermodal or freight rail project; or
“(II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility; or
“(iv) a railway-highway grade crossing or grade separation project; and
“(B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
“(i) $100,000,000; or
“(ii) in the case of a project—
“(I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or
“(II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.
“(2) Limitation.—
“(A) In general.—Not more than $500,000,000 of the amounts made available for grants under this section for fiscal years 2016 through 2020, in the aggregate, may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if—
“(i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and
“(ii) the Federal share of the project funds only elements of the project that provide public benefits.
“(B) Exclusions.—The limitation under subparagraph (A)—
“(i) shall not apply to a railway-highway grade crossing or grade separation project; and
“(ii) with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project.
“(e) Small Projects.—
“(1) In general.—The Secretary shall reserve 10 percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B).
“(2) Grant amount.—Each grant made under this subsection shall be in an amount that is at least $5,000,000.
“(3) Project selection considerations.—In addition to other applicable requirements, in making grants under this subsection the Secretary shall consider—
“(A) the cost effectiveness of the proposed project; and
“(B) the effect of the proposed project on mobility in the State and region in which the project is carried out.
“(f) Eligible Project Costs.—Grant amounts received for a project under this section may be used for—
“(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
“(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.
“(g) Project Requirements.—The Secretary may select a project described under this section (other than subsection (e)) for funding under this section only if the Secretary determines that—
“(1) the project will generate national or regional economic, mobility, or safety benefits;
“(2) the project will be cost effective;
“(3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title;
“(4) the project is based on the results of preliminary engineering;
“(5) with respect to related non-Federal financial commitments—
“(A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and
“(B) contingency amounts are available to cover unanticipated cost increases;
“(6) the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and
“(7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
“(h) Additional Considerations.—In making a grant under this section, the Secretary shall consider—
“(1) utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;
“(2) utilization of non-Federal contributions; and
“(3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities.
“(i) Rural Areas.—
“(1) In general.—The Secretary shall reserve not less than 25 percent of the amounts made available for grants under this section, including the amounts made available under subsection (e), each fiscal year to make grants for projects located in rural areas.
“(2) Excess funding.—In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph (1) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section.
“(3) Rural area defined.—In this subsection, the term ‘rural area’ means an area that is outside an urbanized area with a population of over 200,000.
“(j) Federal Share.—
“(1) In general.—The Federal share of the cost of a project assisted with a grant under this section may not exceed 60 percent.
“(2) Maximum federal involvement.—Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.
“(3) Federal land management agencies.—Notwithstanding any other provision of law, any Federal funds other than those made available under this title or title 49 may be used to pay the non-Federal share of the cost of a project carried out under this section by a Federal land management agency, as described under subsection (c)(1)(F).
“(k) Treatment of Freight Projects.—Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway.
“(l) TIFIA Program.—At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.
“(m) Congressional Notification.—
“(1) Notification.—
“(A) In general.—At least 60 days before making a grant for a project under this section, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed grant. The notification shall include an evaluation and justification for the project and the amount of the proposed grant award.
“(B) Multimodal projects.—In addition to the notice required under subparagraph (A), the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate before making a grant for a project described in subsection (d)(1)(A)(iii).
“(2) Congressional disapproval.—The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).
“(n) Reports.—
“(1) Annual report.—The Secretary shall make available on the Web site of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under this section during that fiscal year.
“(2) Comptroller general.—
“(A) Assessment.—The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section.
“(B) Report.—Not later than 1 year after the initial awarding of grants under this section, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
“(i) the adequacy and fairness of the process by which each project was selected, if applicable; and
“(ii) the justification and criteria used for the selection of each project, if applicable.”
Clerical Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 116 the following:
“117. Nationally significant freight and highway projects.”.
Repeal.— Section 1301 of SAFETEA–LU (23 U.S.C. 101 note), and the item relating to that section in the table of contents in section 1(b) of such Act, are repealed.
SEC. 1106. National Highway Performance Program.
Section 119 of title 23, United States Code, is amended by adding at the end the following:
“(h) TIFIA Program.—Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, may allow the State to use funds apportioned under section 104(b)(1) to pay subsidy and administrative costs necessary to 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).
“(j) Critical Infrastructure.—
“(1) Critical infrastructure defined.—In this subsection, the term ‘critical infrastructure’ means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters.
“(2) Consideration.—The asset management plan of a State may include consideration of critical infrastructure from among those facilities in the State that are eligible under subsection (c).
“(3) Risk reduction.—A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State.”
SEC. 1107. Emergency Relief for Federally Owned Roads.
in subparagraph (A) by striking “ or” at the end;
in subparagraph (B) by striking the period at the end and inserting “ ; or”; and
by adding at the end the following:
“(C) projects eligible for assistance under this section located on tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel (as defined in subsection (e)(1)).”
Definitions.— Section 125(e) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:
“(1) Definitions.—In this subsection, the following definitions apply:
“(A) Open to public travel.—The term ‘open to public travel’ means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road—
“(i) is maintained;
“(ii) is open to the general public; and
“(iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration.
“(B) Standard passenger vehicle.—The term ‘standard passenger vehicle’ means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.”
SEC. 1108. Railway-Highway Grade Crossings.
Section 130(e)(1) of title 23, United States Code, is amended to read as follows:
“(1) In general.—
“(A) Set aside.—Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards and the installation of protective devices at railway-highway crossings at least—
“(i) $225,000,000 for fiscal year 2016;
“(ii) $230,000,000 for fiscal year 2017;
“(iii) $235,000,000 for fiscal year 2018;
“(iv) $240,000,000 for fiscal year 2019; and
“(v) $245,000,000 for fiscal year 2020.
“(B) Installation of protective devices.—At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings.
“(C) Obligation availability.—Sums set aside each fiscal year under subparagraph (A) shall be available for obligation in the same manner as funds apportioned under section 104(b)(1).”
SEC. 1109. Surface Transportation Block Grant Program.
Findings.— Congress finds that—
the benefits of the surface transportation block grant program accrue principally to the residents of each State and municipality where the funds are obligated;
decisions about how funds should be obligated are best determined by the States and municipalities to respond to unique local circumstances and implement the most efficient solutions; and
reforms of the program to promote flexibility will enhance State and local control over transportation decisions.
Surface Transportation Block Grant Program.— Section 133 of title 23, United States Code, is amended—
by striking subsections (a), (b), (c), and (d) and inserting the following:
“(a) Establishment.—The Secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address State and local transportation needs.
“(b) Eligible Projects.—Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be obligated for the following:
“(1) Construction of—
“(A) highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40;
“(B) ferry boats and terminal facilities eligible for funding under section 129(c);
“(C) transit capital projects eligible for assistance under chapter 53 of title 49;
“(D) infrastructure-based intelligent transportation systems capital improvements;
“(E) truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note); and
“(F) border infrastructure projects eligible for funding under section 1303 of SAFETEA–LU (23 U.S.C. 101 note).
“(2) Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and programs.
“(3) Environmental measures eligible under sections 119(g), 328, and 329 and transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
“(4) Highway and transit safety infrastructure improvements and 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.
“(13) At the request of a State, and upon Secretarial approval of credit assistance under chapter 6, subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section.
“(14) The creation and operation by a State of an office to assist in the design, implementation, and oversight of public-private partnerships eligible to receive funding under this title and chapter 53 of title 49, and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in public-private partnership procurements.
“(15) Any type of project eligible under this section as in effect on the day before the date of enactment of the FAST Act, including projects described under section 101(a)(29) as in effect on such day.
“(c) Location of Projects.—A surface transportation block grant project may not be undertaken on a road functionally 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 FAST Act; and
“(4) as approved by the Secretary.
“(d) Allocations of Apportioned Funds to Areas Based on Population.—
“(1) Calculation.—Of the funds apportioned to a State under section 104(b)(2) (after the reservation of funds under subsection (h))—
“(A) the percentage specified in paragraph (6) for a fiscal year shall be obligated under this section, in 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; and
“(E) for fiscal year 2020, 55 percent.”
by striking the section heading and inserting “ Surface transportation block grant program”;
by striking subsection (e);
by redesignating subsections (f) through (h) as subsections (e) through (g), respectively;
in subsection (e)(1), as redesignated by this subsection—
by striking “ 104(b)(3)” and inserting “ 104(b)(2)”; and
by striking “ fiscal years 2011 through 2014” and inserting “ fiscal years 2016 through 2020”;
in subsection (g)(1), as redesignated by this subsection, by striking “ under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014” and inserting “ under subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 2020”; and
by adding at the end the following:
“(h) STP Set-Aside.—
“(1) Reservation of funds.—Of the funds apportioned to a State under section 104(b)(2) for each fiscal year, the Secretary shall reserve an amount such that—
“(A) the Secretary reserves a total under this subsection of—
“(i) $835,000,000 for each of fiscal years 2016 and 2017; and
“(ii) $850,000,000 for each of fiscal years 2018 through 2020; and
“(B) the State’s share of that total is determined by multiplying the amount under subparagraph (A) by the ratio that—
“(i) the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP–21; bears to
“(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 FAST Act.
“(4) Access to funds.—
“(A) In general.—A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State.
“(B) Eligible entity defined.—In this paragraph, the term ‘eligible entity’ means—
“(i) a local government;
“(ii) a regional transportation authority;
“(iii) a transit agency;
“(iv) a natural resource or public land agency;
“(v) a school district, local education agency, or school;
“(vi) a tribal government;
“(vii) a nonprofit entity responsible for the administration of local transportation safety programs; and
“(viii) 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).
“(7) Annual reports.—
“(A) In general.—Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that describes—
“(i) the number of project applications received for each fiscal year, including—
“(I) the aggregate cost of the projects for which applications are received; and
“(II) the types of projects to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and
“(ii) the number of projects selected for funding for each fiscal year, including the aggregate cost and location of projects selected.
“(B) Public availability.—The Secretary shall make available to the public, in a user-friendly format on the Web site of the Department of Transportation, a copy of each annual report submitted under subparagraph (A).
“(i) Treatment of Projects.—Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (h)(5)) shall be treated as projects on a Federal-aid highway under this chapter.”
Technical and Conforming Amendments.—
by striking “ section 213” and inserting “ section 133(h)”; and
by striking “ section 213(c)(1)(B)” and inserting “ section 133(h)”.
Section 213.— Section 213 of title 23, United States Code, is repealed.
Section 322.— Section 322(h)(3) of title 23, United States Code, is amended by striking “ surface transportation program” and inserting “ surface transportation block grant program”.
by striking “ 104(b)(3)” and inserting “ 104(b)(2)”; and
by striking “ surface transportation program” and inserting “ surface transportation block grant program”.
Chapter 1.— Chapter 1 of title 23, United States Code, is amended by striking “ surface transportation program” each place it appears and inserting “ surface transportation block grant program”.
Chapter analyses.—
Chapter 1.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 133 and inserting the following:
“133. Surface transportation block grant program.”.
Chapter 2.— The item relating to section 213 in the analysis for chapter 2 of title 23, United States Code, is repealed.
Other references.— Any reference in any other law, regulation, document, paper, or other record of the United States to the surface transportation program under section 133 of title 23, United States Code, shall be deemed to be a reference to the surface transportation block grant program under such section.
SEC. 1110. Highway Use Tax Evasion Projects.
Section 143(b) of title 23, United States Code, is amended—
by striking paragraph (2)(A) and inserting the following:
“(A) In general.—From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2016 through 2020, to carry out this section.”
in the heading for paragraph (8) by inserting “ block grant” after “ surface transportation”; and
in paragraph (9) by inserting “ , the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate” after “ the Secretary”.
SEC. 1111. Bundling of Bridge Projects.
Section 144 of title 23, United States Code, is amended—
in subsection (c)(2)(A) by striking “ the natural condition of the bridge” and inserting “ the natural condition of the water”;
by redesignating subsection (j) as subsection (k);
by inserting after subsection (i) the following:
“(j) Bundling of Bridge Projects.—
“(1) Purpose.—The purpose of this subsection is to save costs and time by encouraging States to bundle multiple bridge projects as 1 project.
“(2) Eligible entity defined.—In this subsection, the term ‘eligible entity’ means an entity eligible to carry out a bridge project under section 119 or 133.
“(3) Bundling of bridge projects.—An eligible entity may bundle 2 or more similar bridge projects that are—
“(A) eligible projects under section 119 or 133;
“(B) included as a bundled project in a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable; and
“(C) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity.
“(4) Itemization.—Notwithstanding any other provision of law (including regulations), a bundling of bridge projects under this subsection may be listed as—
“(A) 1 project for purposes of sections 134 and 135; and
“(B) a single project.
“(5) Financial characteristics.—Projects bundled under this subsection shall have the same financial characteristics, including—
“(A) the same funding category or subcategory; and
“(B) the same Federal share.
“(6) Engineering cost reimbursement.—The provisions of section 102(b) do not apply to projects carried out under this subsection.”
; and
in subsection (k)(2), as redesignated by paragraph (2) of this section, by striking “ 104(b)(3)” and inserting “ 104(b)(2)”.
SEC. 1112. Construction of Ferry Boats and Ferry Terminal Facilities.
Construction of Ferry Boats and Ferry Terminal Facilities.— Section 147 of title 23, United States Code, is amended—
in subsection (a), in the subsection heading, by striking “ In General.—” and inserting “ Program.—”; and
by striking subsections (d) through (g) and inserting the following:
“(d) Formula.—Of the amounts allocated under subsection (c)—
“(1) 35 percent shall be allocated among eligible entities in the proportion that—
“(A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to
“(B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available;
“(2) 35 percent shall be allocated among eligible entities in the proportion that—
“(A) the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to
“(B) the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and
“(3) 30 percent shall be allocated among eligible entities in the proportion that—
“(A) the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to
“(B) the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available.
“(e) Redistribution of Unobligated Amounts.—The Secretary shall—
“(1) withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and
“(2) in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1).
“(f) Minimum Amount.—Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year.
“(g) Implementation.—
“(1) Data collection.—
“(A) National ferry database.—Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note).
“(B) Eligibility for funding.—To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note) for at least 1 ferry service within the State.
“(2) Adjustments.—On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data.
“(h) Authorization of Appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $80,000,000 for each of fiscal years 2016 through 2020.
“(i) Period of Availability.—Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.
“(j) Applicability.—All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.”
National Ferry Database.— Section 1801(e)(4) of SAFETEA–LU (23 U.S.C. 129 note) is amended by striking subparagraph (D) and inserting the following:
“(D) make available, from the amounts made available for each fiscal year to carry out chapter 63 of title 49, not more than $500,000 to maintain the database.”
in paragraph (2), in the first sentence, by inserting “ or on a public transit ferry eligible under chapter 53 of title 49” after “ Interstate System”;
in paragraph (3)—
by striking “ (3) Such ferry” and inserting “ (3)(A) The ferry”; and
by adding at the end the following:
“(B) Any Federal participation shall not involve the construction or purchase, for private ownership, of a ferry boat, ferry terminal facility, or other eligible project under this section.”
in paragraph (4) by striking “ and repair,” and inserting “ repair,”; and
by striking paragraph (6) and inserting the following:
“(6) The ferry service shall be maintained in accordance with section 116.
“(7)
(A) No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 200 of title 2, Code of Federal Regulations.
“(B) The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title.”
SEC. 1113. Highway Safety Improvement Program.
in subsection (a)—
in paragraph (4)(B)—
in the matter preceding clause (i), by striking “ includes, but is not limited to,” and inserting “ only includes”; and
by adding at the end the following:
“(xxv) Installation of vehicle-to-infrastructure communication equipment.
“(xxvi) Pedestrian hybrid beacons.
“(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.
“(xxviii) A physical infrastructure safety project not described in clauses (i) through (xxvii).”
by striking paragraph (10); and
by redesignating paragraphs (11) through (13) as paragraphs (10) through (12), respectively;
in subsection (c)(1)(A) by striking “ subsections (a)(12)” and inserting “ subsections (a)(11)”;
in subsection (d)(2)(B)(i) by striking “ subsection (a)(12)” and inserting “ subsection (a)(11)”; and
by adding at the end the following:
“(k) Data Collection on Unpaved Public Roads.—
“(1) In general.—A State may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved if—
“(A) the State does not use funds provided to carry out this section for a project on any such roads until the State completes a collection of the required model inventory of roadway elements for the applicable road segment; and
“(B) the State demonstrates that the State consulted with affected Indian tribes before ceasing to collect data with respect to such roads that are included in the National Tribal Transportation Facility Inventory under section 202(b)(1) of this title.
“(2) Rule of construction.—Nothing in this subsection may be construed to allow a State to cease data collection related to serious injuries or fatalities.”
Commercial Motor Vehicle Safety Best Practices.—
Review.— The Secretary shall conduct a review of best practices with respect to the implementation of roadway safety infrastructure improvements that—
are cost effective; and
reduce the number or severity of accidents involving commercial motor vehicles.
Consultation.— In conducting the review under paragraph (1), the Secretary shall consult with State transportation departments and units of local government.
Report.— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the review conducted under paragraph (1).
SEC. 1114. Congestion Mitigation and Air Quality Improvement Program.
Section 149 of title 23, United States Code, is amended—
in subsection (b)—
in paragraph (1)(A)(i)(I) by inserting “ in the designated nonattainment area” after “ air quality standard”;
in paragraph (3) by inserting “ or maintenance” after “ likely to contribute to the attainment”;
in paragraph (4) by striking “ attainment of” and inserting “ attainment or maintenance in the area of”;
in paragraph (7) by striking “ or” at the end;
in paragraph (8)—
in subparagraph (A)(ii)—
in the matter preceding subclause (I) by inserting “ or port-related freight operations” after “ construction projects”; and
in subclause (II) by inserting “ or chapter 53 of title 49” after “ this title”; and
in subparagraph (B) by striking the period at the end and inserting “ ; or”; and
by adding at the end the following:
“(9) if the project or program is for the installation of vehicle-to-infrastructure communication equipment.”
in subsection (c)(2) by inserting “ (giving priority to corridors designated under section 151)” after “ at any location in the State”;
in subsection (d)—
by striking paragraph (1)(B) and inserting the following:
“(B) is eligible under the surface transportation block grant program under section 133.”
in paragraph (2)—
in subparagraph (A)—
in the matter preceding clause (i) by inserting “ would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or” after “ may use for any project that”; and
in clause (i) by striking “ paragraph (l)” and inserting “ subsection (k)(1)”; and
in subparagraph (B)(i) by striking “ MAP–21t” and inserting “ MAP–21”; and
in paragraph (3) by inserting “ , in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21,” after “ the Secretary shall modify”;
in subsection (g)(2)(B) by striking “ not later that” and inserting “ not later than”;
in subsection (k) by adding at the end the following:
“(3) PM2.5 nonattainment and maintenance in low population density states.—
“(A) Exception.—In any State with a population density of 80 or fewer persons per square mile of land area, based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2) of this subsection shall not apply to a nonattainment or maintenance area in the State if—
“(i) the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and
“(ii) regional motor vehicle emissions are an insignificant contributor to the air quality problem for PM2.5 in the nonattainment or maintenance area.
“(B) Calculation.—If subparagraph (A) applies to a nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be reduced for that State proportionately based on the weighted population of the area in fine particulate matter nonattainment.
“(4) Port-related equipment and vehicles.—To meet the requirements under paragraph (1), a State or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a PM2.5 nonattainment or maintenance area.”
in subsection (l)(1)(B) by inserting “ air quality and traffic congestion” before “ performance targets”; and
in subsection (m) by striking “ section 104(b)(2)” and inserting “ section 104(b)(4)”.
SEC. 1115. Territorial and Puerto Rico Highway Program.
Section 165(a) of title 23, United States Code, is amended—
in paragraph (1) by striking “ $150,000,000” and inserting “ $158,000,000”; and
in paragraph (2) by striking “ $40,000,000” and inserting “ $42,000,000”.
SEC. 1116. National Highway Freight Program.
In General.— Section 167 of title 23, United States Code, is amended to read as follows:
Ҥ 167. National highway freight program
“(a) In General.—
“(1) Policy.—It is the policy of the United States to improve the condition and performance of the National Highway Freight Network established under this section to ensure that the Network provides the foundation for the United States to compete in the global economy and achieve the goals described in subsection (b).
“(2) Establishment.—In support of the goals described in subsection (b), the Administrator of the Federal Highway Administration shall establish a national highway freight program in accordance with this section to improve the efficient movement of freight on the National Highway Freight Network.
“(b) Goals.—The goals of the national highway freight program are—
“(1) to invest in infrastructure improvements and to implement operational improvements on the highways of the United States 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;
“(C) reduce the cost of freight transportation;
“(D) improve the year-round reliability of freight transportation; and
“(E) increase productivity, particularly for domestic industries and businesses that create high-value jobs;
“(2) to improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas;
“(3) to improve the state of good repair of the National Highway Freight Network;
“(4) to use innovation and advanced technology to improve the safety, efficiency, and reliability of the National Highway Freight Network;
“(5) to improve the efficiency and productivity of the National Highway Freight Network;
“(6) to improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to increase the ability of States to address highway freight connectivity; and
“(7) 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 Administrator shall establish a National Highway Freight Network in accordance with this section to strategically direct Federal resources and policies toward improved performance of the Network.
“(2) Network components.—The National Highway Freight Network shall consist of—
“(A) the primary highway freight system, as designated under subsection (d);
“(B) critical rural freight corridors established under subsection (e);
“(C) critical urban freight corridors established under subsection (f); and
“(D) the portions of the Interstate System not designated as part of the primary highway freight system.
“(d) Designation and Redesignation of the Primary Highway Freight System.—
“(1) Initial designation of primary highway freight system.—The initial designation of the primary highway freight system shall be the 41,518-mile network identified during the designation process for the primary freight network under section 167(d) of this title, as in effect on the day before the date of enactment of the FAST Act.
“(2) Redesignation of primary highway freight system.—
“(A) In general.—Beginning 5 years after the date of enactment of the FAST Act, and every 5 years thereafter, using the designation factors described in subparagraph (E), the Administrator shall redesignate the primary highway freight system.
“(B) Redesignation mileage.—Each redesignation may increase the mileage on the primary highway freight system by not more than 3 percent of the total mileage of the system.
“(C) Use of measurable data.—In redesignating the primary highway freight system, to the maximum extent practicable, the Administrator shall use measurable data to assess the significance of goods movement, including consideration of points of origin, destinations, and linking components of the United States global and domestic supply chains.
“(D) Input.—In redesignating the primary highway freight system, the Administrator shall provide an opportunity for State freight advisory committees, as applicable, to submit additional miles for consideration.
“(E) Factors for redesignation.—In redesignating the primary highway freight system, the Administrator shall consider—
“(i) changes in the origins and destinations of freight movement in, to, and from the United States;
“(ii) changes in the percentage of annual daily truck traffic in the annual average daily traffic on principal arterials;
“(iii) changes in the location of key facilities;
“(iv) land and water ports of entry;
“(v) access to energy exploration, development, installation, or production areas;
“(vi) access to other freight intermodal facilities, including rail, air, water, and pipelines facilities;
“(vii) the total freight tonnage and value moved via highways;
“(viii) significant freight bottlenecks, as identified by the Administrator;
“(ix) the significance of goods movement on principal arterials, including consideration of global and domestic supply chains;
“(x) critical emerging freight corridors and critical commerce corridors; and
“(xi) network connectivity.
“(e) Critical Rural Freight Corridors.—
“(1) In general.—A State may designate a public road within the borders of the State as a critical rural freight corridor if the public road is not in an urbanized area and—
“(A) is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (Federal Highway Administration vehicle class 8 to 13);
“(B) provides access to energy exploration, development, installation, or production areas;
“(C) connects the primary highway freight system, a roadway described in subparagraph (A) or (B), or the Interstate System to facilities that handle more than—
“(i) 50,000 20-foot equivalent units per year; or
“(ii) 500,000 tons per year of bulk commodities;
“(D) provides access to—
“(i) a grain elevator;
“(ii) an agricultural facility;
“(iii) a mining facility;
“(iv) a forestry facility; or
“(v) an intermodal facility;
“(E) connects to an international port of entry;
“(F) provides access to significant air, rail, water, or other freight facilities in the State; or
“(G) is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State.
“(2) Limitation.—A State may designate as critical rural freight corridors a maximum of 150 miles of highway or 20 percent of the primary highway freight system mileage in the State, whichever is greater.
“(f) Critical Urban Freight Corridors.—
“(1) Urbanized area with population of 500,000 or more.—In an urbanized area with a population of 500,000 or more individuals, the representative metropolitan planning organization, in consultation with the State, may designate a public road within the borders of that area of the State as a critical urban freight corridor.
“(2) Urbanized area with a population less than 500,000.—In an urbanized area with a population of less than 500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate a public road within the borders of that area of the State as a critical urban freight corridor.
“(3) Requirements for designation.—A designation may be made under paragraph (1) or (2) if the public road—
“(A) is in an urbanized area, regardless of population; and
“(B)
(i) connects an intermodal facility to—
“(I) the primary highway freight system;
“(II) the Interstate System; or
“(III) an intermodal freight facility;
“(ii) is located within a corridor of a route on the primary highway freight system and provides an alternative highway option important to goods movement;
“(iii) serves a major freight generator, logistic center, or manufacturing and warehouse industrial land; or
“(iv) is important to the movement of freight within the region, as determined by the metropolitan planning organization or the State.
“(4) Limitation.—For each State, a maximum of 75 miles of highway or 10 percent of the primary highway freight system mileage in the State, whichever is greater, may be designated as a critical urban freight corridor under paragraphs (1) and (2).
“(g) Designation and Certification.—
“(1) Designation.—States and metropolitan planning organizations may designate corridors under subsections (e) and (f) and submit the designated corridors to the Administrator on a rolling basis.
“(2) Certification.—Each State or metropolitan planning organization that designates a corridor under subsection (e) or (f) shall certify to the Administrator that the designated corridor meets the requirements of the applicable subsection.
“(h) Highway Freight Transportation Conditions and Performance Reports.—Not later than 2 years after the date of enactment of the FAST Act, and biennially thereafter, the Administrator shall prepare and submit to Congress a report that describes the conditions and performance of the National Highway Freight Network in the United States.
“(i) Use of Apportioned Funds.—
“(1) In general.—A State shall obligate funds apportioned to the State under section 104(b)(5) to improve the movement of freight on the National Highway Freight Network.
“(2) Formula.—The Administrator shall calculate for each State the proportion that—
“(A) the total mileage in the State designated as part of the primary highway freight system; bears to
“(B) the total mileage of the primary highway freight system in all States.
“(3) Use of funds.—
“(A) States with high primary highway freight system mileage.—If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on—
“(i) the primary highway freight system;
“(ii) critical rural freight corridors; and
“(iii) critical urban freight corridors.
“(B) States with low primary highway freight system mileage.—If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on any component of the National Highway Freight Network.
“(4) Freight planning.—Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the FAST Act, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has developed a freight plan in accordance with section 70202 of title 49, except that the multimodal component of the plan may be incomplete before an obligation may be made under this section.
“(5) Eligibility.—
“(A) In general.—Except as provided in this subsection, for a project to be eligible for funding under this section the project shall—
“(i) contribute to the efficient movement of freight on the National Highway Freight Network; and
“(ii) be identified in a freight investment plan included in a freight plan of the State that is in effect.
“(B) Other projects.—For each fiscal year, a State may obligate not more than 10 percent of the total apportionment of the State under section 104(b)(5) for freight intermodal or freight rail projects, including projects—
“(i) within the boundaries of public or private freight rail or water facilities (including ports); and
“(ii) that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility.
“(C) Eligible projects.—Funds apportioned to the State under section 104(b)(5) for the national highway freight program may be obligated to carry out 1 or more of the following:
“(i) Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.
“(ii) Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance.
“(iii) Intelligent transportation systems and other technology to improve the flow of freight, including intelligent freight transportation systems.
“(iv) Efforts to reduce the environmental impacts of freight movement.
“(v) Environmental and community mitigation for freight movement.
“(vi) Railway-highway grade separation.
“(vii) Geometric improvements to interchanges and ramps.
“(viii) Truck-only lanes.
“(ix) Climbing and runaway truck lanes.
“(x) Adding or widening of shoulders.
“(xi) Truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note).
“(xii) Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems.
“(xiii) Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies.
“(xiv) Traffic signal optimization, including synchronized and adaptive signals.
“(xv) Work zone management and information systems.
“(xvi) Highway ramp metering.
“(xvii) Electronic cargo and border security technologies that improve truck freight movement.
“(xviii) Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities.
“(xix) Additional road capacity to address highway freight bottlenecks.
“(xx) Physical separation of passenger vehicles from commercial motor freight.
“(xxi) Enhancement of the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security, to improve the flow of freight.
“(xxii) A highway or bridge project, other than a project described in clauses (i) through (xxi), to improve the flow of freight on the National Highway Freight Network.
“(xxiii) Any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph (B).
“(6) Other eligible costs.—In addition to the eligible projects identified in paragraph (5), a State may use funds apportioned under section 104(b)(5) for—
“(A) carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and
“(B) the necessary costs of—
“(i) conducting analyses and data collection related to the national highway freight program;
“(ii) developing and updating performance targets to carry out this section; and
“(iii) reporting to the Administrator to comply with the freight performance target under section 150.
“(7) Applicability of planning requirements.—Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135.
“(j) State Performance Targets.—If the Administrator determines that a State has not met or made significant progress toward meeting the performance targets related to freight movement of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, the State shall include in the next report submitted under section 150(e) a description of the actions the State will undertake to achieve the targets, including—
“(1) an identification of significant freight system trends, needs, and issues within the State;
“(2) a description of the freight policies and strategies that will guide the freight-related transportation investments of the State;
“(3) an inventory of freight bottlenecks within the State and a description of the ways in which the State is allocating national highway freight program funds to improve those bottlenecks; and
“(4) a description of the actions the State will undertake to meet the performance targets of the State.
“(k) Intelligent Freight Transportation System.—
“(1) Definition of intelligent freight transportation system.—In this section, the term ‘intelligent freight transportation system’ means—
“(A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities—
“(i) in proximity to, or within, an existing right of way on a Federal-aid highway; or
“(ii) that connect land ports-of entry to existing Federal-aid highways; or
“(B) communications or information processing systems that improve the efficiency, security, or safety of freight movements on the Federal-aid highway system, including to improve the conveyance of freight on dedicated intelligent freight lanes.
“(2) Operating standards.—The Administrator shall determine whether there is a need for establishing operating standards for intelligent freight transportation systems.
“(l) Treatment of Freight Projects.—Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project were on a Federal-aid highway.”
Clerical Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 167 and inserting the following:
“167. National highway freight program.”.
Repeals.— Sections 1116, 1117, and 1118 of MAP–21 (23 U.S.C. 167 note), and the items relating to such sections in the table of contents in section 1(c) of such Act, are repealed.
SEC. 1117. Federal Lands and Tribal Transportation Programs.
Tribal Data Collection.— Section 201(c)(6) of title 23, United States Code, is amended by adding at the end the following:
“(C) Tribal data collection.—In addition to the data to be collected under subparagraph (A), not later than 90 days after the last day of each fiscal year, any entity carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and the Secretary of the Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data:
“(i) The names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year.
“(ii) A description of the projects and activities identified under clause (i).
“(iii) The current status of the projects and activities identified under clause (i).
“(iv) An estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause (i).”
Report on Tribal Government Transportation Safety Data.—
Findings.— Congress finds that—
in many States, the Native American population is disproportionately represented in fatalities and crash statistics;
improved crash reporting by tribal law enforcement agencies would facilitate safety planning and would enable Indian tribes to apply more successfully for State and Federal funds for safety improvements;
the causes of underreporting of crashes on Indian reservations include—
tribal law enforcement capacity, including—
staffing shortages and turnover; and
lack of equipment, software, and training; and
lack of standardization in crash reporting forms and protocols; and
without more accurate reporting of crashes on Indian reservations, it is difficult or impossible to fully understand the nature of the problem and develop appropriate countermeasures, which may include effective transportation safety planning and programs aimed at—
driving under the influence (DUI) prevention;
pedestrian safety;
roadway safety improvements;
seat belt usage; and
proper use of child restraints.
Report to congress.—
In general.— Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with the Secretary of Interior, the Secretary of Health and Human Services, the Attorney General, and Indian tribes, shall submit to the Committee on Environment and Public Works and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives a report describing the quality of transportation safety data collected by States, counties, and Indian tribes for transportation safety systems and the relevance of that data to improving the collection and sharing of data on crashes on Indian reservations.
Purposes.— The purposes of the report are—
to improve the collection and sharing of data on crashes on Indian reservations; and
to develop data that Indian tribes can use to recover damages to tribal property caused by motorists.
Paperless data reporting.— In preparing the report, the Secretary shall provide States, counties, and Indian tribes with options and best practices for transition to a paperless transportation safety data reporting system that—
improves the collection of crash reports;
stores, archives, queries, and shares crash records; and
uses data exclusively—
to address traffic safety issues on Indian reservations; and
to identify and improve problem areas on public roads on Indian reservations.
Additional budgetary resources.— The Secretary shall include in the report the identification of Federal transportation funds provided to Indian tribes by agencies in addition to the Department and the Department of the Interior.
Study on Bureau of Indian Affairs Road Safety.— Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Interior, the Attorney General, States, and Indian tribes shall—
complete a study that identifies and evaluates options for improving safety on public roads on Indian reservations; and
submit to the Committee on Environment and Public Works and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives a report describing the results of the study.
SEC. 1118. Tribal Transportation Program Amendment.
Section 202 of title 23, United States Code, is amended—
in subsection (a)(6) by striking “ 6 percent” and inserting “ 5 percent”; and
in subsection (d)(2) in the matter preceding subparagraph (A) by striking “ 2 percent” and inserting “ 3 percent”.
SEC. 1119. Federal Lands Transportation Program.
Section 203 of title 23, United States Code, is amended—
in subsection (a)(1)—
in subparagraph (B) by striking “ operation” and inserting “ capital, operations,”; and
in subparagraph (D) by striking “ subparagraph (A)(iv)” and inserting “ subparagraph (A)(iv)(I)”;
in subsection (b)—
in paragraph (1)(B)—
in clause (iv) by striking “ and” at the end;
in clause (v) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(vi) the Bureau of Reclamation; and
“(vii) independent Federal agencies with natural resource and land management responsibilities.”
; and
in paragraph (2)(B)—
in the matter preceding clause (i) by inserting “ performance management, including” after “ support”; and
in clause (i)(II) by striking “ , and” and inserting “ ; and”; and
in subsection (c)(2)(B) by adding at the end the following:
“(vi) The Bureau of Reclamation.”
SEC. 1120. Federal Lands Programmatic Activities.
Section 201(c) of title 23, United States Code, is amended—
in paragraph (6)(A)—
by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively (and by moving the subclauses 2 ems to the right);
in the matter preceding subclause (I) (as so redesignated), by striking “ The Secretaries” and inserting the following:
“(i) In general.—The Secretaries”
by inserting a period after “ tribal transportation program”; and
by striking “ in accordance with” and all that follows through “ including—” and inserting the following:
“(ii) Requirement.—Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
“(iii) Inclusions.—Data collected under this paragraph includes—”
; and
by striking paragraph (7) and inserting the following—
“(7) Cooperative research and technology deployment.—The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as determined appropriate by the Secretary.
“(8) Funding.—
“(A) In general.—To carry out the activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as that term is defined in section 125(e)), the Secretary shall for each fiscal year combine and use not greater than 5 percent of the funds authorized for programs under sections 203 and 204.
“(B) Other activities.—In addition to the activities described in subparagraph (A), funds described under that subparagraph may be used for—
“(i) bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and
“(ii) transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter.”
SEC. 1121. Tribal Transportation Self-Governance Program.
In General.— Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following:
Ҥ 207. Tribal transportation self-governance program
“(a) Establishment.—Subject to the requirements of this section, the Secretary shall establish and carry out a program to be known as the tribal transportation self-governance program. The Secretary may delegate responsibilities for administration of the program as the Secretary determines appropriate.
“(b) Eligibility.—
“(1) In general.—Subject to paragraphs (2) and (3), an Indian tribe shall be eligible to participate in the program if the Indian tribe requests participation in the program by resolution or other official action by the governing body of the Indian tribe, and demonstrates, for the preceding 3 fiscal years, financial stability and financial management capability, and transportation program management capability.
“(2) Criteria for determining financial stability and financial management capacity.—For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe’s self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.
“(3) Criteria for determining transportation program management capability.—The Secretary shall require an Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under chapter 53 of title 49, to gain eligibility for the program.
“(c) Compacts.—
“(1) Compact required.—Upon the request of an eligible Indian tribe, and subject to the requirements of this section, the Secretary shall negotiate and enter into a written compact with the Indian tribe for the purpose of providing for the participation of the Indian tribe in the program.
“(2) Contents.—A compact entered into under paragraph (1) shall set forth the general terms of the government-to-government relationship between the Indian tribe and the United States under the program and other terms that will continue to apply in future fiscal years.
“(3) Amendments.—A compact entered into with an Indian tribe under paragraph (1) may be amended only by mutual agreement of the Indian tribe and the Secretary.
“(d) Annual Funding Agreements.—
“(1) Funding agreement required.—After entering into a compact with an Indian tribe under subsection (c), the Secretary shall negotiate and enter into a written annual funding agreement with the Indian tribe.
“(2) Contents.—
“(A) In general.—
“(i) Formula funding and discretionary grants.—A funding agreement entered into with an Indian tribe shall authorize the Indian tribe, as determined by the Indian tribe, to plan, conduct, consolidate, administer, and receive full tribal share funding, tribal transit formula funding, and funding to tribes from discretionary and competitive grants administered by the Department for all programs, services, functions, and activities (or portions thereof) that are made available to Indian tribes to carry out tribal transportation programs and programs, services, functions, and activities (or portions thereof) administered by the Secretary that are otherwise available to Indian tribes.
“(ii) Transfers of state funds.—
“(I) Inclusion of transferred funds in funding agreement.—A funding agreement entered into with an Indian tribe shall include Federal-aid funds apportioned to a State under chapter 1 if the State elects to provide a portion of such funds to the Indian tribe for a project eligible under section 202(a). The provisions of this section shall be in addition to the methods for making funding contributions described in section 202(a)(9). Nothing in this section shall diminish the authority of the Secretary to provide funds to an Indian tribe under section 202(a)(9).
“(II) Method for transfers.—If a State elects to provide funds described in subclause (I) to an Indian tribe—
“(aa) the transfer may occur in accordance with section 202(a)(9); or
“(bb) the State shall transfer the funds back to the Secretary and the Secretary shall transfer the funds to the Indian tribe in accordance with this section.
“(III) Responsibility for transferred funds.—Notwithstanding any other provision of law, if a State provides funds described in subclause (I) to an Indian tribe—
“(aa) the State shall not be responsible for constructing or maintaining a project carried out using the funds or for administering or supervising the project or funds during the applicable statute of limitations period related to the construction of the project; and
“(bb) the Indian tribe shall be responsible for constructing and maintaining a project carried out using the funds and for administering and supervising the project and funds in accordance with this section during the applicable statute of limitations period related to the construction of the project.
“(B) Administration of tribal shares.—The tribal shares referred to in subparagraph (A) shall be provided without regard to the agency or office of the Department within which the program, service, function, or activity (or portion thereof) is performed.
“(C) Flexible and innovative financing.—
“(i) In general.—A funding agreement entered into with an Indian tribe under paragraph (1) shall include provisions pertaining to flexible and innovative financing if agreed upon by the parties.
“(ii) Terms and conditions.—
“(I) Authority to issue regulations.—The Secretary may issue regulations to establish the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i).
“(II) Terms and conditions in absence of regulations.—If the Secretary does not issue regulations under subclause (I), the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i) shall be consistent with—
“(aa) agreements entered into by the Department under—
“(AA) section 202(b)(7); and
“(BB) section 202(d)(5), as in effect before the date of enactment of MAP–21 (Public Law 112–141); or
“(bb) regulations of the Department of the Interior relating to flexible financing contained in part 170 of title 25, Code of Federal Regulations, as in effect on the date of enactment of the FAST Act.
“(3) Terms.—A funding agreement shall set forth—
“(A) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered by the Indian tribe; and
“(B) for items identified in subparagraph (A)—
“(i) the general budget category assigned;
“(ii) the funds to be provided, including those funds to be provided on a recurring basis;
“(iii) the time and method of transfer of the funds;
“(iv) the responsibilities of the Secretary and the Indian tribe; and
“(v) any other provision agreed to by the Indian tribe and the Secretary.
“(4) Subsequent funding agreements.—
“(A) Applicability of existing agreement.—Absent notification from an Indian tribe that the Indian tribe is withdrawing from or retroceding the operation of 1 or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed.
“(B) Effective date of subsequent agreement.—The terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement.
“(5) Consent of indian tribe required.—The Secretary shall not revise, amend, or require additional terms in a new or subsequent funding agreement without the consent of the Indian tribe that is subject to the agreement unless such terms are required by Federal law.
“(e) General Provisions.—
“(1) Redesign and consolidation.—
“(A) In general.—An Indian tribe, in any manner that the Indian tribe considers to be in the best interest of the Indian community being served, may—
“(i) redesign or consolidate programs, services, functions, and activities (or portions thereof) included in a funding agreement; and
“(ii) reallocate or redirect funds for such programs, services, functions, and activities (or portions thereof), if the funds are—
“(I) expended on projects identified in a transportation improvement program approved by the Secretary; and
“(II) used in accordance with the requirements in—
“(aa) appropriations Acts;
“(bb) this title and chapter 53 of title 49; and
“(cc) any other applicable law.
“(B) Exception.—Notwithstanding subparagraph (A), if, pursuant to subsection (d), an Indian tribe receives a discretionary or competitive grant from the Secretary or receives State apportioned funds, the Indian tribe shall use the funds for the purpose for which the funds were originally authorized.
“(2) Retrocession.—
“(A) In general.—
“(i) Authority of indian tribes.—An Indian tribe may retrocede (fully or partially) to the Secretary programs, services, functions, or activities (or portions thereof) included in a compact or funding agreement.
“(ii) Reassumption of remaining funds.—Following a retrocession described in clause (i), the Secretary may—
“(I) reassume the remaining funding associated with the retroceded programs, functions, services, and activities (or portions thereof) included in the applicable compact or funding agreement;
“(II) out of such remaining funds, transfer funds associated with Department of Interior programs, services, functions, or activities (or portions thereof) to the Secretary of the Interior to carry out transportation services provided by the Secretary of the Interior; and
“(III) distribute funds not transferred under subclause (II) in accordance with applicable law.
“(iii) Correction of programs.—If the Secretary makes a finding under subsection (f)(2)(B) and no funds are available under subsection (f)(2)(A)(ii), the Secretary shall not be required to provide additional funds to complete or correct any programs, functions, services, or activities (or portions thereof).
“(B) Effective date.—Unless the Indian tribe rescinds a request for retrocession, the retrocession shall become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of such a specification, the retrocession shall become effective on—
“(i) the earlier of—
“(I) 1 year after the date of submission of the request; or
“(II) the date on which the funding agreement expires; or
“(ii) such date as may be mutually agreed upon by the parties and, with respect to Department of the Interior programs, functions, services, and activities (or portions thereof), the Secretary of the Interior.
“(f) Provisions Relating to Secretary.—
“(1) Decisionmaker.—A decision that relates to an appeal of the rejection of a final offer by the Department shall be made either—
“(A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or
“(B) by an administrative judge.
“(2) Termination of compact or funding agreement.—
“(A) Authority to terminate.—
“(i) Provision to be included in compact or funding agreement.—A compact or funding agreement shall include a provision authorizing the Secretary, if the Secretary makes a finding described in subparagraph (B), to—
“(I) terminate the compact or funding agreement (or a portion thereof); and
“(II) reassume the remaining funding associated with the reassumed programs, functions, services, and activities included in the compact or funding agreement.
“(ii) Transfers of funds.—Out of any funds reassumed under clause (i)(II), the Secretary may transfer the funds associated with Department of the Interior programs, functions, services, and activities (or portions thereof) to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.
“(B) Findings resulting in termination.—The finding referred to in subparagraph (A) is a specific finding of—
“(i) imminent jeopardy to a trust asset, natural resources, or public health and safety that is caused by an act or omission of the Indian tribe and that arises out of a failure to carry out the compact or funding agreement, as determined by the Secretary; or
“(ii) gross mismanagement with respect to funds or programs transferred to the Indian tribe under the compact or funding agreement, as determined by the Secretary in consultation with the Inspector General of the Department, as appropriate.
“(C) Prohibition.—The Secretary shall not terminate a compact or funding agreement (or portion thereof) unless—
“(i) the Secretary has first provided written notice and a hearing on the record to the Indian tribe that is subject to the compact or funding agreement; and
“(ii) the Indian tribe has not taken corrective action to remedy the mismanagement of funds or programs or the imminent jeopardy to a trust asset, natural resource, or public health and safety.
“(D) Exception.—
“(i) In general.—Notwithstanding subparagraph (C), the Secretary, upon written notification to an Indian tribe that is subject to a compact or funding agreement, may immediately terminate the compact or funding agreement (or portion thereof) if—
“(I) the Secretary makes a finding of imminent substantial and irreparable jeopardy to a trust asset, natural resource, or public health and safety; and
“(II) the jeopardy arises out of a failure to carry out the compact or funding agreement.
“(ii) Hearings.—If the Secretary terminates a compact or funding agreement (or portion thereof) under clause (i), the Secretary shall provide the Indian tribe subject to the compact or agreement with a hearing on the record not later than 10 days after the date of such termination.
“(E) Burden of proof.—In any hearing or appeal involving a decision to terminate a compact or funding agreement (or portion thereof) under this paragraph, the Secretary shall have the burden of proof in demonstrating by clear and convincing evidence the validity of the grounds for the termination.
“(g) Cost Principles.—In administering funds received under this section, an Indian tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–1), other provisions of law, or by any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. No other audit or accounting standards shall be required by the Secretary. Any claim by the Federal Government against the Indian tribe relating to funds received under a funding agreement based on any audit conducted pursuant to this subsection shall be subject to the provisions of section 106(f) of that Act (25 U.S.C. 450j–1(f)).
“(h) Transfer of Funds.—The Secretary shall provide funds to an Indian tribe under a funding agreement in an amount equal to—
“(1) the sum of the funding that the Indian tribe would otherwise receive for the program, function, service, or activity in accordance with a funding formula or other allocation method established under this title or chapter 53 of title 49; and
“(2) such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project.
“(i) Construction Programs.—
“(1) Standards.—Construction projects carried out under programs administered by an Indian tribe with funds transferred to the Indian tribe pursuant to a funding agreement entered into under this section shall be constructed pursuant to the construction program standards set forth in applicable regulations or as specifically approved by the Secretary (or the Secretary’s designee).
“(2) Monitoring.—Construction programs shall be monitored by the Secretary in accordance with applicable regulations.
“(j) Facilitation.—
“(1) Secretarial interpretation.—Except as otherwise provided by law, the Secretary shall interpret all Federal laws, Executive orders, and regulations in a manner that will facilitate—
“(A) the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and
“(B) the implementation of the compacts and funding agreements.
“(2) Regulation waiver.—
“(A) In general.—An Indian tribe may submit to the Secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement. The request shall identify the regulation sought to be waived and the basis for the request.
“(B) Approvals and denials.—
“(i) In general.—Not later than 90 days after the date of receipt of a written request under subparagraph (A), the Secretary shall approve or deny the request in writing.
“(ii) Review.—The Secretary shall review any application by an Indian tribe for a waiver bearing in mind increasing opportunities for using flexible policy approaches at the Indian tribal level.
“(iii) Deemed approval.—If the Secretary does not approve or deny a request submitted under subparagraph (A) on or before the last day of the 90-day period referred to in clause (i), the request shall be deemed approved.
“(iv) Denials.—If the application for a waiver is not granted, the agency shall provide the applicant with the reasons for the denial as part of the written response required in clause (i).
“(v) Finality of decisions.—A decision by the Secretary under this subparagraph shall be final for the Department.
“(k) Disclaimers.—
“(1) Existing authority.—Notwithstanding any other provision of law, upon the election of an Indian tribe, the Secretary shall—
“(A) maintain current tribal transportation program funding agreements and program agreements; or
“(B) enter into new agreements under the authority of section 202(b)(7).
“(2) Limitation on statutory construction.—Nothing in this section may be construed to impair or diminish the authority of the Secretary under section 202(b)(7).
“(l) Applicability of Indian Self-Determination and Education Assistance Act.—Except to the extent in conflict with this section (as determined by the Secretary), the following provisions of the Indian Self-Determination and Education Assistance Act shall apply to compact and funding agreements (except that any reference to the Secretary of the Interior or the Secretary of Health and Human Services in such provisions shall be treated as a reference to the Secretary of Transportation):
“(1) Subsections (a), (b), (d), (g), and (h) of section 506 of such Act (25 U.S.C. 458aaa–5), relating to general provisions.
“(2) Subsections (b) through (e) and (g) of section 507 of such Act (25 U.S.C. 458aaa–6), relating to provisions relating to the Secretary of Health and Human Services.
“(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of section 508 of such Act (25 U.S.C. 458aaa–7), relating to transfer of funds.
“(4) Section 510 of such Act (25 U.S.C. 458aaa–9), relating to Federal procurement laws and regulations.
“(5) Section 511 of such Act (25 U.S.C. 458aaa–10), relating to civil actions.
“(6) Subsections (a)(1), (a)(2), and (c) through (f) of section 512 of such Act (25 U.S.C. 458aaa–11), relating to facilitation, except that subsection (c)(1) of that section shall be applied by substituting ‘transportation facilities and other facilities’ for ‘school buildings, hospitals, and other facilities’.
“(7) Subsections (a) and (b) of section 515 of such Act (25 U.S.C. 458aaa–14), relating to disclaimers.
“(8) Subsections (a) and (b) of section 516 of such Act (25 U.S.C. 458aaa–15), relating to application of title I provisions.
“(9) Section 518 of such Act (25 U.S.C. 458aaa–17), relating to appeals.
“(m) Definitions.—
“(1) In general.—In this section, the following definitions apply (except as otherwise expressly provided):
“(A) Compact.—The term ‘compact’ means a compact between the Secretary and an Indian tribe entered into under subsection (c).
“(B) Department.—The term ‘Department’ means the Department of Transportation.
“(C) Eligible indian tribe.—The term ‘eligible Indian tribe’ means an Indian tribe that is eligible to participate in the program, as determined under subsection (b).
“(D) Funding agreement.—The term ‘funding agreement’ means a funding agreement between the Secretary and an Indian tribe entered into under subsection (d).
“(E) Indian tribe.—The term ‘Indian tribe’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. In any case in which an Indian tribe has authorized another Indian tribe, an intertribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this section, the authorized Indian tribe, intertribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this title). In such event, the term ‘Indian tribe’ as used in this section shall include such other authorized Indian tribe, intertribal consortium, or tribal organization.
“(F) Program.—The term ‘program’ means the tribal transportation self-governance program established under this section.
“(G) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.
“(H) Transportation programs.—The term ‘transportation programs’ means all programs administered or financed by the Department under this title and chapter 53 of title 49.
“(2) Applicability of other definitions.—In this section, the definitions set forth in sections 4 and 505 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b; 458aaa) apply, except as otherwise expressly provided in this section.
“(n) Regulations.—
“(1) In general.—
“(A) Promulgation.—Not later than 90 days after the date of enactment of the FAST Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this section.
“(B) Publication of proposed regulations.—Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 21 months after such date of enactment.
“(C) Expiration of authority.—The authority to promulgate regulations under subparagraph (A) shall expire 30 months after such date of enactment.
“(D) Extension of deadlines.—A deadline set forth in subparagraph (B) or (C) may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph (2) concludes that the committee cannot meet the deadline and the Secretary so notifies the appropriate committees of Congress.
“(2) Committee.—
“(A) In general.—A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this title.
“(B) Requirements.—The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.
“(C) Adaptation of procedures.—The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.
“(3) Effect.—The lack of promulgated regulations shall not limit the effect of this section.
“(4) Effect of circulars, policies, manuals, guidance, and rules.—Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except regulations promulgated under this section.”
Clerical Amendment.— The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 206 the following:
“207. Tribal transportation self-governance program.”.
SEC. 1122. State Flexibility for National Highway System Modifications.
National Highway System Flexibility.— Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance relating to working with State departments of transportation that request assistance from the division offices of the Federal Highway Administration—
to review roads classified as principal arterials in the State that were added to the National Highway System as of October 1, 2012, so as to comply with section 103 of title 23, United States Code; and
to identify any necessary functional classification changes to rural and urban principal arterials.
Administrative Actions.— The Secretary shall direct the division offices of the Federal Highway Administration to work with the applicable State department of transportation that requests assistance under this section—
to assist in the review of roads in accordance with guidance issued under subsection (a);
to expeditiously review and facilitate requests from States to reclassify roads classified as principal arterials; and
in the case of a State that requests the withdrawal of reclassified roads from the National Highway System under section 103(b)(3) of title 23, United States Code, to carry out that withdrawal if the inclusion of the reclassified road in the National Highway System is not consistent with the needs and priorities of the community or region in which the reclassified road is located.
National Highway System Modification Regulations.— The Secretary shall—
review the National Highway System modification process described in appendix D of part 470 of title 23, Code of Federal Regulations (or successor regulations); and
take any action necessary to ensure that a State may submit to the Secretary a request to modify the National Highway System by withdrawing a road from the National Highway System.
Report to Congress.— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes a description of—
each request for reclassification of National Highway System roads;
the status of each request; and
if applicable, the justification for the denial by the Secretary of a request.
Modifications to the National Highway System.— Section 103(b)(3)(A) of title 23, United States Code, is amended—
in the matter preceding clause (i)—
by striking “ , including any modification consisting of a connector to a major intermodal terminal,”; and
by inserting “ , including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system,” after “ the National Highway System”; and
in clause (ii)—
by striking “ (ii) enhances” and inserting “ (ii)(I) enhances”;
by striking the period at the end and inserting “ ; or”; and
by adding at the end the following:
“(II) in the case of the withdrawal of a road, is reasonable and appropriate.”
SEC. 1123. Nationally Significant Federal Lands and Tribal Projects Program.
Purpose.— The Secretary shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the “program”) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects.
Eligible Applicants.—
In general.— Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program.
Special rule.— A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe.
Eligible Projects.— An eligible project under the program shall be a single continuous project—
on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23, United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title;
for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—
a record of decision with respect to the project;
a finding that the project has no significant impact; or
a determination that the project is categorically excluded; and
having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000.
Eligible Activities.—
In general.— Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities.
Ineligible activities.— An eligible applicant may not use funds received under the program for activities relating to project design.
Applications.— Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.
Selection Criteria.— In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project—
furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety;
improves the condition of critical transportation facilities, including multimodal facilities;
needs construction, reconstruction, or rehabilitation;
has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches;
is included in or eligible for inclusion in the National Register of Historic Places;
uses new technologies and innovations that enhance the efficiency of the project;
is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility;
spans 2 or more States; and
serves land owned by multiple Federal agencies or Indian tribes.
Federal Share.—
In general.— The Federal share of the cost of a project shall be up to 90 percent.
Non-federal share.— Notwithstanding any other provision of law, any Federal funds other than those made available under title 23 or title 49, United States Code, may be used to pay the non-Federal share of the cost of a project carried out under this section.
Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2016 through 2020. Such sums shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.
Subtitle B Planning and Performance Management
SEC. 1201. Metropolitan Transportation Planning.
Section 134 of title 23, United States Code, is amended—
in subsection (a)(1)—
by striking “ people and freight and” and inserting “ people and freight,” and
by inserting “ and take into consideration resiliency needs” after “ urbanized areas,”;
in subsection (c)(2) by striking “ and bicycle transportation facilities” and inserting “ , bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers”;
in subsection (d)—
by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;
by inserting after paragraph (2) the following:
“(3) Representation.—
“(A) In general.—Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.
“(B) Public transportation representative.—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).”
; and
in paragraph (5) as so redesignated by striking “ paragraph (5)” and inserting “ paragraph (6)”;
in subsection (e)(4)(B) by striking “ subsection (d)(5)” and inserting “ subsection (d)(6)”;
in subsection (g)(3)(A) by inserting “ tourism, natural disaster risk reduction,” after “ economic development,”;
in subsection (h)—
in paragraph (1)—
in subparagraph (G) by striking “ and” at the end;
in subparagraph (H) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and
“(J) enhance travel and tourism.”
; and
in paragraph (2)(A) by striking “ and in section 5301(c) of title 49” and inserting “ and the general purposes described in section 5301 of title 49”;
in subsection (i)—
in paragraph (2)—
in subparagraph (A)(i) by striking “ transit,” and inserting “ public transportation facilities, intercity bus facilities,”;
in subparagraph (G)—
by striking “ and provide” and inserting “ , provide”; and
by inserting “ , and reduce the vulnerability of the existing transportation infrastructure to natural disasters” before the period at the end; and
in subparagraph (H) by inserting “ including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated” before the period at the end;
in paragraph (6)(A)—
by inserting “ public ports,” before “ freight shippers,”; and
by inserting “ (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “ private providers of transportation”; and
in paragraph (8) by striking “ paragraph (2)(C)” and inserting “ paragraph (2)(E)” each place it appears;
in subsection (k)(3)—
in subparagraph (A) by inserting “ (including intercity bus operators, employer-based commuting programs such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects,” after “ reduction”; and
by adding at the end the following:
“(C) Congestion management plan.—A metropolitan planning organization serving 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—
“(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;
“(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and
“(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.
“(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.”
in subsection (l)—
by adding a period at the end of paragraph (1); and
in paragraph (2)(D) by striking “ of less than 200,000” and inserting “ with a population of 200,000 or less”;
in subsection (n)(1) by inserting “ 49” after “ chapter 53 of title”;
in subsection (p) by striking “ Funds set aside under section 104(f)” and inserting “ Funds apportioned under paragraphs (5)(D) and (6) of section 104(b)”; and
by adding at the end the following:
“(r) Bi-State Metropolitan Planning Organization.—
“(1) Definition of bi-state mpo region.—In this subsection, the term ‘Bi-State MPO Region’ has the meaning given the term ‘region’ in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234).
“(2) Treatment.—For the purpose of this title, the Bi-State MPO Region shall be treated as—
“(A) a metropolitan planning organization;
“(B) a transportation management area under subsection (k); and
“(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada.
“(3) Suballocated funding.—
“(A) Planning.—In determining the amounts under subparagraph (A) of section 133(d)(1) that shall be obligated for a fiscal year in the States of California and Nevada under clauses (i), (ii), and (iii) of that subparagraph, the Secretary shall, for each of those States—
“(i) calculate the population under each of those clauses;
“(ii) decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State; and
“(iii) increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State.
“(B) STBGP set aside.—In determining the amounts under paragraph (2) of section 133(h) that shall be obligated for a fiscal year in the States of California and Nevada, the Secretary shall, for the purpose of that subsection, calculate the populations for each of those States in a manner consistent with subparagraph (A).”
SEC. 1202. Statewide and Nonmetropolitan Transportation Planning.
Section 135 of title 23, United States Code, is amended—
in subsection (a)(2) by striking “ and bicycle transportation facilities” and inserting, “ , bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter van pool providers”;
in subsection (d)—
in paragraph (1)—
in subparagraph (G) by striking “ and” at the end;
in subparagraph (H) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and
“(J) enhance travel and tourism.”
; and
in paragraph (2)—
in subparagraph (A) by striking “ and in section 5301(c) of title 49” and inserting “ and the general purposes described in section 5301 of title 49”;
in subparagraph (B)(ii) by striking “ urbanized”; and
in subparagraph (C) by striking “ urbanized”;
in subsection (f)—
in paragraph (3)(A)(ii)—
by inserting “ public ports,” before “ freight shippers,”; and
by inserting “ (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “ private providers of transportation”; and
in paragraph (7), in the matter preceding subparagraph (A), by striking “ should” and inserting “ shall”; and
in paragraph (8), by inserting “ , including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated” before the period at the end; and
in subsection (g)(3)—
by inserting “ public ports,” before “ freight shippers”; and
by inserting “ (including intercity bus operators),” after “ private providers of transportation”.
Subtitle C Acceleration of Project Delivery
SEC. 1301. Satisfaction of Requirements for Certain Historic Sites.
Highways.— Section 138 of title 23, United States Code, is amended by adding at the end the following:
“(c) Satisfaction of Requirements for Certain Historic Sites.—
“(1) In general.—The Secretary shall—
“(A) align, to the maximum extent practicable, with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and
“(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the ‘Council’) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).
“(2) Avoidance alternative analysis.—
“(A) In general.—If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—
“(i) include the determination of the Secretary in the analysis required under that Act;
“(ii) provide a notice of the determination to—
“(I) each applicable State historic preservation officer and tribal historic preservation officer;
“(II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and
“(III) the Secretary of the Interior; and
“(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (a)(1).
“(B) Concurrence.—If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required.
“(C) Publication.—A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—
“(i) be included in the record of decision or finding of no significant impact of the Secretary; and
“(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).
“(3) Aligning historical reviews.—
“(A) In general.—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (a)(2) through the consultation requirements of section 306108 of title 54.
“(B) Satisfaction of conditions.—To satisfy subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.”
Public Transportation.— Section 303 of title 49, United States Code, is amended by adding at the end the following:
“(e) Satisfaction of Requirements for Certain Historic Sites.—
“(1) In general.—The Secretary shall—
“(A) align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and
“(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the ‘Council’) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).
“(2) Avoidance alternative analysis.—
“(A) In general.—If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—
“(i) include the determination of the Secretary in the analysis required under that Act;
“(ii) provide a notice of the determination to—
“(I) each applicable State historic preservation officer and tribal historic preservation officer;
“(II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and
“(III) the Secretary of the Interior; and
“(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (c)(1).
“(B) Concurrence.—If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (c)(1) shall be required.
“(C) Publication.—A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—
“(i) be included in the record of decision or finding of no significant impact of the Secretary; and
“(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).
“(3) Aligning historical reviews.—
“(A) In general.—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (c)(2) through the consultation requirements of section 306108 of title 54.
“(B) Satisfaction of conditions.—To satisfy subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.”
SEC. 1302. Clarification of Transportation Environmental Authorities.
Title 23 Amendment.— Section 138 of title 23, United States Code, as amended by section 1301, is amended by adding at the end the following:
“(d) References to Past Transportation Environmental Authorities.—
“(1) Section 4(f) requirements.—The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (Public Law 89–670; 80 Stat. 934) as in effect before the repeal of that section).
“(2) Section 106 requirements.—The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).”
Title 49 Amendment.— Section 303 of title 49, United States Code, as amended by section 1301, is amended by adding at the end the following:
“(f) References to Past Transportation Environmental Authorities.—
“(1) Section 4(f) requirements.—The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (Public Law 89–670; 80 Stat. 934) as in effect before the repeal of that section).
“(2) Section 106 requirements.—The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).”
SEC. 1303. Treatment of Certain Bridges under Preservation Requirements.
Preservation of Parklands.— Section 138 of title 23, United States Code, as amended by section 1302, is amended by adding at the end the following:
“(e) Bridge Exemption From Consideration.—A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.”
Policy on Lands, Wildlife and Waterfowl Refuges, and Historic Sites.— Section 303 of title 49, United States Code, as amended by section 1302, is amended by adding at the end the following:
“(g) Bridge Exemption From Consideration.—A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.”
SEC. 1304. Efficient Environmental Reviews for Project Decisionmaking.
by striking paragraph (5) and inserting the following:
“(5) Multimodal project.—The term ‘multimodal project’ means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office.”
; and
by striking paragraph (6) and inserting the following:
“(6) Project.—
“(A) In general.—The term ‘project’ means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation.
“(B) Considerations.—In determining whether a project is a project under subparagraph (A), the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including any discretionary grant, loan, and loan guarantee programs administered by the Department of Transportation.”
in subparagraph (A) in the matter preceding clause (i) by striking “ initiate a rulemaking to”; and
by striking subparagraph (B) and inserting the following:
“(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.”
in paragraph (1)(A) by inserting “ , or an operating administration thereof designated by the Secretary,” after “ Department of Transportation”; and
in paragraph (6)—
in subparagraph (A) by striking “ and” at the end;
in subparagraph (B) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(C) to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of those agencies.”
Participating Agencies.—
Invitation.— Section 139(d)(2) of title 23, United States Code, is amended by striking “ The lead agency shall identify, as early as practicable in the environmental review process for a project,” and inserting “ Not later than 45 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify”.
Single nepa document.— Section 139(d) of title 23, United States Code, is amended by adding at the end the following:
“(8) Single nepa document.—
“(A) In general.—Except as inconsistent with 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.
“(9) Participating agency responsibilities.—An agency participating in the environmental review process under this section shall—
“(A) provide comments, responses, studies, or methodologies on those areas within the special expertise or jurisdiction of the agency; and
“(B) use the process to address any environmental issues of concern to the agency.”
in paragraph (1) by inserting “ (including any additional information that the project sponsor considers to be important to initiate the process for the proposed project)” after “ general location of the proposed project”; and
by adding at the end the following:
“(3) Review of application.—Not later than 45 days after the date on which the Secretary receives notification under paragraph (1), the Secretary shall provide to the project sponsor a written response that, as applicable—
“(A) describes the determination of the Secretary—
“(i) to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or
“(ii) to decline the application, including an explanation of the reasons for that decision; or
“(B) requests additional information, and provides to the project sponsor an accounting regarding what documentation is necessary to initiate the environmental review process.
“(4) Request to designate a lead agency.—
“(A) In general.—Any project sponsor may submit to the Secretary a request to designate the operating administration or secretarial office within the Department of Transportation with the expertise on the proposed project to serve as the Federal lead agency for the project.
“(B) Secretarial action.—
“(i) In general.—If the Secretary receives a request under subparagraph (A), the Secretary shall respond to the request not later than 45 days after the date of receipt.
“(ii) Requirements.—The response under clause (i) shall—
“(I) approve the request;
“(II) deny the request, with an explanation of the reasons for the denial; or
“(III) require the submission of additional information.
“(iii) Additional information.—If additional information is submitted in accordance with clause (ii)(III), the Secretary shall respond to the submission not later than 45 days after the date of receipt.
“(5) Environmental checklist.—
“(A) Development.—The lead agency for a project, in consultation with participating agencies, shall develop, as appropriate, a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of the project.
“(B) Purpose.—The purposes of the checklist are—
“(i) to identify agencies and organizations that can provide information about natural, cultural, and 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.”
in the subsection heading by inserting “ ; Alternatives Analysis” after “ Need”; and
in paragraph (4)—
by striking subparagraph (A) and inserting the following:
“(A) Participation.—
“(i) In general.—As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project.
“(ii) Comments of participating agencies.—To the maximum extent practicable and consistent with applicable law, each participating agency receiving an opportunity for involvement under clause (i) shall limit the comments of the agency to subject matter areas within the special expertise or jurisdiction of the agency.
“(iii) Effect of nonparticipation.—A participating agency that declines to participate in the development of the purpose and need and range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B).”
in subparagraph (B)—
by striking “ Following participation under paragraph (1)” and inserting the following:
“(i) Determination.—Following participation under subparagraph (A)”
; and
by adding at the end the following:
“(ii) Use.—To the maximum extent practicable and consistent with Federal law, the range of alternatives determined for a project under clause (i) shall be used for all Federal environmental reviews and permit 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 the responsibilities of the agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a timely manner.”
; and
by adding at the end the following:
“(E) Reduction of duplication.—
“(i) In general.—In carrying out this paragraph, the lead agency shall reduce duplication, to the maximum extent practicable, between—
“(I) the evaluation of alternatives under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
“(II) the evaluation of alternatives in the metropolitan transportation planning process under section 134 or an environmental review process carried out under State law (referred to in this subparagraph as a ‘State environmental review process’).
“(ii) Consideration of alternatives.—The lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the lead agency—
“(I) the alternative was considered in a metropolitan planning process or a State environmental review process by a metropolitan planning organization or a State or local transportation agency, as applicable;
“(II) the lead agency provided guidance to the metropolitan planning organization or State or local transportation agency, as applicable, regarding analysis of alternatives in the metropolitan planning process or State environmental review process, including guidance on the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal law necessary for approval of the project;
“(III) the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment;
“(IV) the applicable metropolitan planning organization or State or local transportation agency rejected the alternative after considering public comments;
“(V) the Federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or State or local transportation agency; and
“(VI) the Federal lead agency determined—
“(aa) in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
“(bb) with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law.”
Coordination and Scheduling.—
in subparagraph (A) by striking “ The lead agency” and inserting “ Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency”; and
in subparagraph (B)(i) by striking “ may establish as part of the coordination plan” and inserting “ shall establish as part of such coordination plan”.
Deadlines for decisions under other laws.— Section 139(g)(3) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by inserting “ and publish on the Internet” after “ House of Representatives”.
Issue Identification and Resolution.—
by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and
by inserting after paragraph (3) the following:
“(4) Issue resolution.—Any issue resolved by the lead agency with the concurrence of participating agencies may not be reconsidered unless significant new information or circumstances arise.”
Failure to assure.— Section 139(h)(5)(C) of title 23, United States Code (as redesignated by paragraph (1)(A)), is amended by striking “ paragraph (5) and” and inserting “ paragraph (6)”.
Financial penalty provisions.— Section 139(h)(7)(B) of title 23, United States Code (as redesignated by paragraph (1)(A)), is amended—
in clause (i)(I) by striking “ under section 106(i) is required” and inserting “ is required under subsection (h) or (i) of section 106”; and
by striking clause (ii) and inserting the following:
“(ii) Description of date.—The date referred to in clause (i) is—
“(I) the date that is 30 days after the date for rendering a decision as described in the project schedule established pursuant to subsection (g)(1)(B);
“(II) if no schedule exists, the later of—
“(aa) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and
“(bb) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
“(III) a modified date in accordance with subsection (g)(1)(D).”
Assistance to Affected State and Federal Agencies.—
In general.— Section 139(j) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:
“(1) In general.—
“(A) Authority to provide funds.—The Secretary may allow a public entity receiving financial assistance from the Department of Transportation under this title or chapter 53 of title 49 to provide funds to Federal agencies (including the Department), State agencies, and Indian tribes participating in the environmental review process for the project or program.
“(B) Use of funds.—Funds referred to in 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.”
Activities eligible for funding.— Section 139(j)(2) of title 23, United States Code, is amended by inserting “ activities directly related to the environmental review process,” before “ dedicated staffing,”.
Agreement.— Section 139(j) of title 23, United States Code, is amended by striking paragraph (6) and inserting the following:
“(6) Agreement.—Prior to providing funds approved by the Secretary for dedicated staffing at an affected agency under 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.”
Accelerated Decisionmaking; Improving Transparency in Environmental Reviews.—
In general.— Section 139 of title 23, United States Code, is amended by adding at the end the following:
“(n) Accelerated Decisionmaking in Environmental Reviews.—
“(1) In general.—In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—
“(A) cite the sources, authorities, and reasons that support the position of the agency; and
“(B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
“(2) Single document.—To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—
“(A) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
“(B) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.
“(o) Improving Transparency in Environmental Reviews.—
“(1) In general.—Not later than 18 months after the date of enactment of this subsection, the Secretary shall—
“(A) use the searchable Internet website maintained under section 41003(b) of the FAST Act—
“(i) to make publicly available the status and progress of projects requiring an environmental assessment or an environmental impact statement with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal, State, or local approval required for those projects; and
“(ii) to make publicly available the names of participating agencies not participating in the development of a project purpose and need and range of alternatives under subsection (f); and
“(B) issue reporting standards to meet the requirements of subparagraph (A).
“(2) Federal, state, and local agency participation.—
“(A) Federal agencies.—A Federal agency participating in the environmental review or permitting process for a project shall provide to the Secretary information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B).
“(B) State and local agencies.—The Secretary shall encourage State and local agencies participating in the environmental review permitting process for a project to provide information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A).
“(3) States with delegated authority.—A State with delegated authority for responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to section 327 shall be responsible for supplying to the Secretary project development and compliance status for all applicable projects.”
Conforming amendment.— Section 1319 of MAP–21 (42 U.S.C. 4332a), and the item relating to that section in the table of contents contained in section 1(c) of that Act, are repealed.
Implementation of Programmatic Compliance.—
Rulemaking.— Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a rulemaking to implement the provisions of section 139(b)(3) of title 23, United States Code, as amended by this section.
Consultation.— Before initiating the rulemaking under paragraph (1), the Secretary shall consult with relevant Federal agencies, relevant State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches.
Requirements.— In carrying out this subsection, the Secretary shall ensure that the rulemaking meets the requirements of section 139(b)(3)(B) of title 23, United States Code, as amended by this section.
Comment period.— The Secretary shall—
allow not fewer than 60 days for public notice and comment on the proposed rule; and
address any comments received under this subsection.
SEC. 1305. Integration of Planning and Environmental Review.
Section 168 of title 23, United States Code, is amended to read as follows:
Ҥ 168. Integration of planning and environmental review
“(a) Definitions.—In this section, the following definitions apply:
“(1) Environmental review process.—The term ‘environmental review process’ has the meaning given the term in section 139(a).
“(2) Lead agency.—The term ‘lead agency’ has the meaning given the term in section 139(a).
“(3) Planning product.—The term ‘planning product’ means a decision, analysis, study, or other documented 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 135, respectively.
“(4) Project.—The term ‘project’ has the meaning given the term in section 139(a).
“(5) Project sponsor.—The term ‘project sponsor’ has the meaning given the term in section 139(a).
“(6) Relevant agency.—The term ‘relevant agency’ means the agency with authority under subparagraph (A) or (B) of subsection (b)(1).
“(b) Adoption or Incorporation by Reference of Planning Products for Use in NEPA Proceedings.—
“(1) In general.—Subject to subsection (d) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference and use a planning product in proceedings relating to any class of action in the environmental review process of the project:
“(A) The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(B) The cooperating agency with responsibility under Federal law, with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with that law.
“(2) Identification.—If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product, the relevant agency shall identify the agencies that participated in the development of the planning products.
“(3) Adoption or incorporation by reference of planning products.—The relevant agency may—
“(A) adopt or incorporate by reference an entire planning product under paragraph (1); or
“(B) select portions of a planning project under paragraph (1) for adoption or incorporation by reference.
“(4) Timing.—A determination under paragraph (1) with respect to the adoption or incorporation by reference of a planning product may—
“(A) be made at the time the relevant agencies decide the appropriate scope of environmental review for the project; or
“(B) occur later in the environmental review process, as appropriate.
“(c) Applicability.—
“(1) Planning decisions.—The relevant agency in the environmental review process may adopt or incorporate by reference decisions from a planning product, including—
“(A) whether tolling, private financial assistance, or other special financial measures are necessary to implement the project;
“(B) a decision with respect to general travel corridor or modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility;
“(C) the purpose and the need for the proposed action;
“(D) preliminary screening of alternatives and elimination of unreasonable alternatives;
“(E) a basic description of the environmental setting;
“(F) a decision with respect to methodologies for analysis; and
“(G) an identification of programmatic level mitigation for potential impacts of a project, including a programmatic mitigation plan developed in accordance with section 169, that the relevant agency determines are more effectively addressed on a national or regional scale, including—
“(i) measures to avoid, minimize, and mitigate impacts at a national or regional scale of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and
“(ii) potential mitigation activities, locations, and investments.
“(2) Planning analyses.—The relevant agency in the environmental review process may adopt or incorporate by reference analyses from a planning product, including—
“(A) travel demands;
“(B) regional development and growth;
“(C) local land use, growth management, and development;
“(D) population and employment;
“(E) natural and built environmental conditions;
“(F) environmental resources and environmentally sensitive areas;
“(G) potential environmental effects, including the identification of resources of concern and potential direct, indirect, and cumulative effects on those resources; and
“(H) mitigation needs for a proposed project, or for programmatic level mitigation, for potential effects that the lead agency determines are most effectively addressed at a regional or national program level.
“(d) Conditions.—The relevant agency in the environmental review process may adopt or incorporate by reference a planning product under this section if the relevant agency determines, with the concurrence of the lead agency and, if the planning product is necessary for a cooperating agency to issue a permit, review, or approval for the project, with the concurrence of the cooperating agency, that the following conditions have been met:
“(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
“(2) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian tribes.
“(3) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.
“(4) The planning process included public notice that the planning products produced in the planning process may be adopted during a subsequent environmental review process in accordance with this section.
“(5) During the environmental review process, the relevant agency has—
“(A) made the planning documents available for public review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed project;
“(B) provided notice of the intention of the relevant agency to adopt or incorporate by reference the planning product; and
“(C) considered any resulting comments.
“(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product.
“(7) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.
“(8) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.
“(9) The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the FAST Act).
“(10) The planning product was approved within the 5-year period ending on the date on which the information is adopted or incorporated by reference.
“(e) Effect of Adoption or Incorporation by Reference.—Any planning product adopted or incorporated by reference by the relevant agency in accordance with this section may be—
“(1) incorporated directly into an environmental review process document or other environmental document; and
“(2) relied on and used by other Federal agencies in carrying out reviews of the project.
“(f) Rules of Construction.—
“(1) In general.—This section does not make the environmental review process applicable to the transportation planning process conducted under this title and chapter 53 of title 49.
“(2) Transportation planning activities.—Initiation of the environmental review process as a part of, or concurrently with, transportation planning activities does not subject transportation plans and programs to the environmental review process.
“(3) Planning products.—This section does not affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or restrict the initiation of the environmental review process during planning.”
SEC. 1306. Development of Programmatic Mitigation Plans.
Section 169(f) of title 23, United States Code, is amended—
by striking “ may use” and inserting “ shall give substantial weight to”; and
by inserting “ or other Federal environmental law” before the period at the end.
SEC. 1307. Technical Assistance for States.
Section 326 of title 23, United States Code, is amended—
in subsection (c)—
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and
by inserting after paragraph (1) the following:
“(2) Assistance to states.—On request of a Governor of a State, the Secretary shall provide to the State technical assistance, training, or other support relating to—
“(A) assuming responsibility under subsection (a);
“(B) developing a memorandum of understanding under this subsection; or
“(C) addressing a responsibility in need of corrective action under subsection (d)(1)(B).”
; and
in subsection (d), by striking paragraph (1) and inserting the following:
“(1) Termination by secretary.—The Secretary may terminate the participation of any State in the program if—
“(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State;
“(B) the Secretary provides to the State—
“(i) a notification of the determination of noncompliance;
“(ii) a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and
“(iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and
“(C) the State, after the notification and period described in clauses (i) and (ii) of subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.”
SEC. 1308. Surface Transportation Project Delivery Program.
Section 327 of title 23, United States Code, is amended—
in subsection (a)(2)(B)(iii) by striking “ (42 U.S.C. 13 4321 et seq.)” and inserting “ (42 U.S.C. 4321 et seq.)”;
in subsection (c)(4) by inserting “ reasonably” before “ considers necessary”;
in subsection (e) by inserting “ and without further approval of” after “ in lieu of”;
in subsection (g)—
by striking paragraph (1) and inserting the following:
“(1) In general.—To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall—
“(A) not later than 180 days after the date of execution of the agreement, meet with the State to review implementation of the agreement and discuss plans for the first annual audit;
“(B) conduct annual audits during each of the first 4 years of State participation; and
“(C) ensure that the time period for completing an annual audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days.”
; and
by adding at the end the following:
“(3) Audit team.—
“(A) In general.—An audit conducted under paragraph (1) shall be carried out by an audit team determined by the Secretary, in consultation with the State, in accordance with subparagraph (B).
“(B) Consultation.—Consultation with the State under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team.”
in subsection (j) by striking paragraph (1) and inserting the following:
“(1) Termination by secretary.—The Secretary may terminate the participation of any State in the program if—
“(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State;
“(B) the Secretary provides to the State—
“(i) a notification of the determination of noncompliance;
“(ii) a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and
“(iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and
“(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.”
; and
by adding at the end the following:
“(k) Capacity Building.—The Secretary, in cooperation with representatives of State officials, may carry out education, training, peer-exchange, and other initiatives as appropriate—
“(1) to assist States in developing the capacity to participate in the assignment program under this section; and
“(2) to promote information sharing and collaboration among States that are participating in the assignment program under this section.
“(l) Relationship to Locally Administered Projects.—A State granted authority under this section may, as appropriate and at the request of a local government—
“(1) exercise such authority on behalf of the local government for a locally administered project; or
“(2) provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any comparable requirements under State law.”
SEC. 1309. Program for Eliminating Duplication of Environmental Reviews.
Purpose.— The purpose of this section is to eliminate duplication of environmental reviews and approvals under State laws and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
In General.— Chapter 3 of title 23, United States Code, is amended by adding at the end the following:
Ҥ 330. Program for eliminating duplication of environmental reviews
“(a) Establishment.—
“(1) In general.—The Secretary shall establish a pilot program to authorize States that have assumed responsibilities of the Secretary under section 327 and are approved to participate in the program under this section to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consistent with the requirements of this section.
“(2) Participating states.—The Secretary may select not more than 5 States to participate in the program.
“(3) Alternative environmental review and approval procedures defined.—In this section, the term ‘alternative environmental review and approval procedures’ means—
“(A) substitution of 1 or more State environmental laws for—
“(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
“(ii) any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and
“(iii) related regulations and Executive orders; and
“(B) substitution of 1 or more State environmental regulations for—
“(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
“(ii) any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and
“(iii) related regulations and Executive orders.
“(b) Application.—To be eligible to participate in the program, a State shall submit to the Secretary an application containing such information as the Secretary may require, including—
“(1) a full and complete description of the proposed alternative environmental review and approval procedures of the State, including—
“(A) the procedures the State uses to engage the public and consider alternatives to the proposed action; and
“(B) the extent to which the State considers environmental consequences or impacts on resources potentially impacted by the proposed action (such as air, water, or species);
“(2) each Federal requirement described in subsection (a)(3) that the State is seeking to substitute;
“(3) each State law or regulation that the State intends to substitute for such Federal requirement;
“(4) an explanation of the basis for concluding that the State law or regulation is at least as stringent as the Federal requirement described in subsection (a)(3);
“(5) a description of the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program;
“(6) verification that the State has the financial resources necessary to carry out the authority that may be granted under the program;
“(7) evidence of having sought, received, and addressed comments on the proposed application from the public; and
“(8) any such additional information as the Secretary, or, with respect to section (d)(1)(A), the Secretary in consultation with the Chair, may require.
“(c) Review of Application.—In accordance with subsection (d), the Secretary shall—
“(1) review and accept public comments on an application submitted under subsection (b);
“(2) approve or disapprove the application not later than 120 days after the date of receipt of an application that the Secretary determines is complete; and
“(3) transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the approval or disapproval.
“(d) Approval of Application.—
“(1) In general.—The Secretary shall approve an application submitted under subsection (b) only if—
“(A) the Secretary, with the concurrence of the Chair and after considering any public comments received pursuant to subsection (c), determines that the laws and regulations of the State described in the application are at least as stringent as the Federal requirements described in subsection (a)(3);
“(B) the Secretary, after considering any public comments received pursuant to subsection (c), determines that the State has the capacity, including financial and personnel, to assume the responsibility;
“(C) the State has executed an agreement with the Secretary in accordance with section 327; and
“(D) the State has executed an agreement with the Secretary under this section that—
“(i) has been executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction;
“(ii) is in such form as the Secretary may prescribe;
“(iii) provides that the State—
“(I) agrees to assume the responsibilities, as identified by the Secretary, under this section;
“(II) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts under subsection (e)(1) for the compliance, discharge, and enforcement of any responsibility under this section;
“(III) certifies that State laws (including regulations) are in effect that—
“(aa) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and
“(bb) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and
“(IV) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed;
“(iv) requires the State to provide to the Secretary any information the Secretary reasonably considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State;
“(v) has a term of not more than 5 years; and
“(vi) is renewable.
“(2) Exclusion.—The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to a decision by the Secretary to approve or disapprove an application submitted under this section.
“(e) Judicial Review.—
“(1) In general.—The United States district courts shall have exclusive jurisdiction over any civil action against a State relating to the failure of the State—
“(A) to meet the requirements of this section; or
“(B) to follow the alternative environmental review and approval procedures approved pursuant to this section.
“(2) Limitation on review.—
“(A) In general.—Notwithstanding any other provision of law, a claim seeking judicial review of a permit, license, or approval issued by a State under this section shall be barred unless the claim is filed not later than 2 years after the date of publication in the Federal Register by the Secretary of a notice that the permit, license, or approval is final pursuant to the law under which the action is taken.
“(B) Deadlines.—
“(i) Notification.—The State shall notify the Secretary of the final action of the State not later than 10 days after the final action is taken.
“(ii) Publication.—The Secretary shall publish the notice of final action in the Federal Register not later than 30 days after the date of receipt of the notice under clause (i).
“(C) Savings provision.—Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval.
“(3) New information.—
“(A) In general.—A State shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 771.130 of title 23, Code of Federal Regulations (or successor regulations).
“(B) Treatment of final agency action.—
“(i) In general.—The final agency action that follows preparation of a supplemental environmental impact statement, if required, shall be considered a separate final agency action, and the deadline for filing a claim for judicial review of the action shall be 2 years after the date of publication in the Federal Register by the Secretary of a notice announcing such action.
“(ii) Deadlines.—
“(I) Notification.—The State shall notify the Secretary of the final action of the State not later than 10 days after the final action is taken.
“(II) Publication.—The Secretary shall publish the notice of final action in the Federal Register not later than 30 days after the date of receipt of the notice under subclause (I).
“(f) Election.—A State participating in the programs under this section and section 327, at the discretion of the State, may elect to apply the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) instead of the alternative environmental review and approval procedures of the State.
“(g) Adoption or Incorporation by Reference of Documents.—To the maximum extent practicable and consistent with Federal law, other Federal agencies with authority over a project subject to this section shall adopt or incorporate by reference documents produced by a participating State under this section to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(h) Relationship to Locally Administered Projects.—
“(1) In general.—A State with an approved program under this section, at the request of a local government, may exercise authority under that program on behalf of up to 25 local governments for locally administered projects.
“(2) Scope.—For up to 25 local governments selected by a State with an approved program under this section, the State shall be responsible for ensuring that any environmental review, consultation, or other action required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the State program, or both, meets the requirements of such Act or program.
“(i) Review and Termination.—
“(1) In general.—A State program approved under this section shall at all times be in accordance with the requirements of this section.
“(2) Review.—The Secretary shall review each State program approved under this section not less than once every 5 years.
“(3) Public notice and comment.—In conducting the review process under paragraph (2), the Secretary shall provide notice and an opportunity for public comment.
“(4) Withdrawal of approval.—If the Secretary, in consultation with the Chair, determines at any time that a State is not administering a State program approved under this section in accordance with the requirements of this section, the Secretary shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed 90 days, the Secretary shall withdraw approval of the State program.
“(5) Extensions and terminations.—At the conclusion of the review process under paragraph (2), the Secretary may extend for an additional 5-year period or terminate the authority of a State under this section to substitute the laws and regulations of the State for the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(j) Report to Congress.—Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the administration of the program, including—
“(1) the number of States participating in the program;
“(2) the number and types of projects for which each State participating in the program has used alternative environmental review and approval procedures;
“(3) a description and assessment of whether implementation of the program has resulted in more efficient review of projects; and
“(4) any recommendations for modifications to the program.
“(k) Sunset.—The program shall terminate 12 years after the date of enactment of this section.
“(l) Definitions.—In this section, the following definitions apply:
“(1) Chair.—The term ‘Chair’ means the Chair of the Council on Environmental Quality.
“(2) Multimodal project.—The term ‘multimodal project’ has the meaning given that term in section 139(a).
“(3) Program.—The term ‘program’ means the pilot program established under this section.
“(4) Project.—The term ‘project’ means—
“(A) a project requiring approval under this title, chapter 53 of subtitle III of title 49, or subtitle V of title 49; and
“(B) a multimodal project.”
Rulemaking.—
In general.— Not later than 270 days after the date of enactment of this Act, the Secretary, in consultation with the Chair of the Council on Environmental Quality, shall promulgate regulations to implement the requirements of section 330 of title 23, United States Code, as added by this section.
Determination of stringency.— As part of the rulemaking required under this subsection, the Chair shall—
establish the criteria necessary to determine that a State law or regulation is at least as stringent as a Federal requirement described in section 330(a)(3) of title 23, United States Code; and
ensure that the criteria, at a minimum—
provide for protection of the environment;
provide opportunity for public participation and comment, including access to the documentation necessary to review the potential impact of a project; and
ensure a consistent review of projects that would otherwise have been covered under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Clerical Amendment.— The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:
“330. Program for eliminating duplication of environmental reviews.”.
SEC. 1310. Application of Categorical Exclusions for Multimodal Projects.
Section 304 of title 49, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
by striking “ operating authority that” and inserting “ operating administration or secretarial office that has expertise but”; and
by inserting “ proposed multimodal” after “ with respect to a”; and
by striking paragraph (2) and inserting the following:
“(2) Lead authority.—The term ‘lead authority’ means a Department of Transportation operating administration or secretarial office that has the lead responsibility for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed multimodal project.”
in subsection (b) by inserting “ or title 23” after “ under this title”;
by striking subsection (c) and inserting the following:
“(c) Application of Categorical Exclusions for Multimodal Projects.—In considering the environmental impacts of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regulations or procedures of a cooperating authority for a proposed multimodal project, subject to the conditions that—
“(1) the lead authority makes a determination, with the concurrence of the cooperating authority—
“(A) on the applicability of a categorical exclusion to a proposed multimodal project; and
“(B) that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section;
“(2) the lead authority follows the implementing regulations of the cooperating authority or procedures under that Act; and
“(3) the lead authority determines that—
“(A) the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and
“(B) extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under that Act.”
; and
by striking subsection (d) and inserting the following:
“(d) Cooperating Authority Expertise.—A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.”
SEC. 1311. Accelerated Decisionmaking in Environmental Reviews.
In General.— Title 49, United States Code, is amended by inserting after section 304 the following:
Ҥ 304a. Accelerated decisionmaking in environmental reviews
“(a) In General.—In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement, instead of rewriting the draft statement, subject to the condition that the errata sheets—
“(1) cite the sources, authorities, and reasons that support the position of the agency; and
“(2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
“(b) Single Document.—To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—
“(1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
“(2) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.
“(c) Adoption and Incorporation by Reference of Documents.—
“(1) Avoiding duplication.—To prevent duplication of analyses and support expeditious and efficient decisions, the operating administrations of the Department of Transportation shall use adoption and incorporation by reference in accordance with this subsection.
“(2) Adoption of documents of other operating administrations.—An operating administration or a secretarial office within the Department of Transportation may adopt a draft environmental impact statement, an environmental assessment, or a final environmental impact statement of another operating administration for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project without recirculating the document for public review, if—
“(A) the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted;
“(B) the other operating administration concurs with such decision; and
“(C) such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(3) Incorporation by reference.—An operating administration or secretarial office within the Department of Transportation may incorporate by reference all or portions of a draft environmental impact statement, an environmental assessment, or a final environmental impact statement for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project if—
“(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described;
“(B) the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and
“(C) the incorporated material does not include proprietary data that is not available for review and comment.”
Conforming Amendment.— The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 304 the following:
“304a. Accelerated decisionmaking in environmental reviews.”.
SEC. 1312. Improving State and Federal Agency Engagement in Environmental Reviews.
In General.— Title 49, United States Code, is amended by inserting after section 306 the following:
Ҥ 307. Improving State and Federal agency engagement in environmental reviews
“(a) In General.—
“(1) Requests to provide funds.—A public entity receiving financial assistance from the Department of Transportation for 1 or more projects, or for a program of projects, for a public purpose may request that the Secretary allow the public entity to provide funds to Federal agencies, including the Department, State agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program.
“(2) Use of funds.—The funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project, projects, or program.
“(b) Activities Eligible for Funding.—Activities for which funds may be provided under subsection (a) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements.
“(c) Amounts.—A request under subsection (a) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to timely conduct the review.
“(d) Agreements.—Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under subsection (a), the affected Federal agency and the requesting public entity shall enter into an agreement that establishes a process to identify projects or priorities to be addressed by the use of the funds.
“(e) Guidance.—
“(1) In general.—Not later than 180 days after the date of enactment of this section, the Secretary shall issue guidance to implement this section.
“(2) Factors.—As part of the guidance issued under paragraph (1), the Secretary shall ensure—
“(A) to the maximum extent practicable, that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by Federal agencies, State agencies, or Indian tribes of other entities that have not contributed funds under this section;
“(B) that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits, either substantively or procedurally; and
“(C) that the Secretary maintains, and makes publicly available, including on the Internet, a list of projects or programs for which such review or permits have been carried out using funds authorized under this section.
“(f) Existing Authority.—Nothing in this section may be construed to conflict with section 139(j) of title 23.”
Conforming Amendment.— The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 306 the following:
“307. Improving State and Federal agency engagement in environmental reviews.”.
SEC. 1313. Aligning Federal Environmental Reviews.
In General.— Title 49, United States Code, is amended by inserting after section 309 the following:
Ҥ 310. Aligning Federal environmental reviews
“(a) Coordinated and Concurrent Environmental Reviews.—Not later than 1 year after the date of enactment of this section, the Department of Transportation, in coordination with the heads of Federal agencies likely to have substantive review or approval responsibilities under Federal law, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as ‘NEPA’).
“(b) Contents.—The coordinated and concurrent environmental review and permitting process developed under subsection (a) shall—
“(1) ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project’s purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project;
“(2) achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need, and during development of the environmental impact statement on the range of alternatives for analysis, that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction’s obligations under a statute or Executive order; and
“(3) achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency’s environmental or permitting review in order to meet an agency of jurisdiction’s obligations under a statute or Executive order.
“(c) Environmental Checklist.—
“(1) In general.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation and Federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project.
“(2) Purpose.—The purpose of the checklist shall be to—
“(A) identify agencies of jurisdiction and cooperating agencies;
“(B) develop the information needed for the purpose and need and alternatives for analysis; and
“(C) improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.
“(d) Interagency Collaboration.—
“(1) In general.—Consistent with Federal environmental statutes, the Secretary of Transportation shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management.
“(2) Purpose of collaboration sessions.—The interagency collaboration sessions shall ensure that agency staff is—
“(A) fully engaged;
“(B) utilizing the flexibility of existing regulations, policies, and guidance; and
“(C) identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions.
“(3) Focus of collaboration sessions.—The interagency collaboration sessions, and the interagency collaborations generated by the sessions, shall focus on methods to—
“(A) work with State and local transportation entities to improve project planning, siting, and application quality; and
“(B) consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.
“(4) Consultation.—The interagency collaboration sessions shall include a consultation with groups or individuals representing State, tribal, and local governments that are engaged in the infrastructure permitting process.
“(e) Performance Measurement.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress toward aligning Federal reviews and reducing permitting and project delivery time as outlined in this section.
“(f) Reports.—
“(1) Report to congress.—Not later than 2 years after the date of enactment of this section and biennially thereafter, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
“(A) progress in aligning Federal environmental reviews under this section; and
“(B) the impact this section has had on accelerating the environmental review and permitting process.
“(2) Inspector general report.—Not later than 3 years after the date of enactment of this section, the Inspector General of the Department of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
“(A) progress in aligning Federal environmental reviews under this section; and
“(B) the impact this section has had on accelerating the environmental review and permitting process.
“(g) Savings Provision.—This section shall not apply to any project subject to section 139 of title 23.”
Conforming Amendment.— The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 309 the following:
“310. Aligning Federal environmental reviews.”.
SEC. 1314. Categorical Exclusion for Projects of Limited Federal Assistance.
Adjustment for Inflation.— Section 1317 of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended—
in paragraph (1)(A) by inserting “ (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor)” after “ $5,000,000”; and
in paragraph (1)(B) by inserting “ (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor)” after “ $30,000,000”.
Retroactive Application.— The first adjustment made pursuant to the amendments made by subsection (a) shall—
be carried out not later than 60 days after the date of enactment of this Act; and
reflect the increase in the Consumer Price Index since July 1, 2012.
SEC. 1315. Programmatic Agreement Template.
In General.— Section 1318 of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended by adding at the end the following:
“(e) Programmatic Agreement Template.—
“(1) In general.—The Secretary shall develop a template programmatic agreement described in subsection (d) that provides for efficient and adequate procedures for evaluating Federal actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection).
“(2) Use of template.—The Secretary—
“(A) on receipt of a request from a State, shall use the template programmatic agreement developed under paragraph (1) in carrying out this section; and
“(B) on consent of the applicable State, may modify the template as necessary to address the unique needs and characteristics of the State.
“(3) Outcome measurements.—The Secretary shall establish a method to verify that actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection), are evaluated and documented in a consistent manner by the State that uses the template programmatic agreement under this subsection.”
Categorical Exclusion Determinations.— Not later than 30 days after the date of enactment of this Act, the Secretary shall revise section 771.117(g) of title 23, Code of Federal Regulations, to allow a programmatic agreement under this section to include responsibility for making categorical exclusion determinations—
for actions described in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations; and
that meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), and are identified in the programmatic agreement.
SEC. 1316. Assumption of Authorities.
In General.— The Secretary shall use the authority under section 106(c) of title 23, United States Code, to the maximum extent practicable, to allow a State to assume the responsibilities of the Secretary for project design, plans, specifications, estimates, contract awards, and inspection of projects, on both a project-specific and programmatic basis.
Submission of Recommendations.— Not later than 18 months after the date of enactment of this Act, the Secretary, in cooperation with the States, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate recommendations for legislation to permit the assumption of additional authorities by States, including with respect to real estate acquisition and project design.
SEC. 1317. Modernization of the Environmental Review Process.
In General.— Not later than 180 days after the date of enactment of this Act, the Secretary shall examine ways to modernize, simplify, and improve the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Department.
Inclusions.— In carrying out subsection (a), the Secretary shall consider—
the use of technology in the process, such as—
searchable databases;
geographic information system mapping tools;
integration of those tools with fiscal management systems to provide more detailed data; and
other innovative technologies;
ways to prioritize use of programmatic environmental impact statements;
methods to encourage cooperating agencies to present analyses in a concise format; and
any other improvements that can be made to modernize process implementation.
Report.— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the review carried out under subsection (a).
SEC. 1318. Assessment of Progress on Accelerating Project Delivery.
In General.— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall assess the progress made under this Act, MAP–21 (Public Law 112–141), and SAFETEA–LU (Public Law 109–59), including the amendments made by those Acts, to accelerate the delivery of Federal-aid highway and highway safety construction projects and public transportation capital projects by streamlining the environmental review and permitting process.
Contents.— The assessment required under subsection (a) shall evaluate—
how often the various streamlining provisions have been used;
which of the streamlining provisions have had the greatest impact on streamlining the environmental review and permitting process;
what, if any, impact streamlining of the process has had on environmental protection;
how, and the extent to which, streamlining provisions have improved and accelerated the process for permitting under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable Federal laws;
what impact actions by the Council on Environmental Quality have had on accelerating Federal-aid highway and highway safety construction projects and public transportation capital projects;
the number and percentage of projects that proceed under a traditional environmental assessment or environmental impact statement, and the number and percentage of projects that proceed under categorical exclusions;
the extent to which the environmental review and permitting process remains a significant source of project delay and the sources of delays; and
the costs of conducting environmental reviews and issuing permits or licenses for a project, including the cost of contractors and dedicated agency staff.
Recommendations.— The assessment required under subsection (a) shall include recommendations with respect to—
additional opportunities for streamlining the environmental review process, including regulatory or statutory changes to accelerate the processes of Federal agencies (other than the Department) with responsibility for reviewing Federal-aid highway and highway safety construction projects and public transportation capital projects without negatively impacting the environment; and
best practices of other Federal agencies that should be considered for adoption by the Department.
Report to Congress.— The Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the assessment and recommendations required under this section.
Subtitle D Miscellaneous
SEC. 1401. Prohibition on the Use of Funds for Automated Traffic Enforcement.
Prohibition.— Except as provided in subsection (b), for fiscal years 2016 through 2020, funds apportioned to a State under section 104(b)(3) of title 23, United States Code, may not be used to purchase, operate, or maintain an automated traffic enforcement system.
Exception.— Subsection (a) does not apply to an automated traffic enforcement system located in a school zone.
Automated Traffic Enforcement System Defined.— In this section, the term “automated traffic enforcement system” means any camera that captures an image of a vehicle for the purposes of traffic law enforcement.
SEC. 1402. Highway Trust Fund Transparency and Accountability.
In General.— Section 104 of title 23, United States Code, is amended by striking subsection (g) and inserting the following:
“(g) Highway Trust Fund Transparency and Accountability Reports.—
“(1) Compilation of data.—Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.
“(2) Requirements.—The Secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public Internet website of the Department of Transportation and can be searched and downloaded by users of the website.
“(3) Contents of reports.—
“(A) Apportioned and allocated programs.—On a semiannual basis, the Secretary shall make available a report on funding apportioned and allocated to the States under this title that describes—
“(i) the amount of funding obligated by each State, year-to-date, for the current fiscal year;
“(ii) the amount of funds remaining available for obligation by each State;
“(iii) changes in the obligated, unexpended balance for each State, year-to-date, during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures;
“(iv) the amount and program category of 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 provides, for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of construction greater than $25,000,000, and to the maximum extent practicable, other projects funded under this title, project data describing—
“(i) the specific location of the project;
“(ii) the total cost of the project;
“(iii) the amount of Federal funding obligated for the project;
“(iv) the program or programs from which Federal funds have been obligated for the project;
“(v) the type of improvement being made, such as categorizing the project as—
“(I) a road reconstruction project;
“(II) a new road construction project;
“(III) a new bridge construction project;
“(IV) a bridge rehabilitation project; or
“(V) a bridge replacement project;
“(vi) the ownership of the highway or bridge;
“(vii) whether the project is located in an area of the State with a population of—
“(I) less than 5,000 individuals;
“(II) 5,000 or more individuals but less than 50,000 individuals;
“(III) 50,000 or more individuals but less than 200,000 individuals; or
“(IV) 200,000 or more individuals; and
“(viii) available information on the estimated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns.”
Conforming Amendment.— Section 1503 of MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is amended by striking subsection (c).
SEC. 1403. Additional Deposits into Highway Trust Fund.
In General.— Chapter 1 of title 23, United States Code, is amended by inserting after section 104 the following:
Ҥ 105. Additional deposits into Highway Trust Fund
“(a) In General.—If monies are deposited into the Highway Account or Mass Transit Account pursuant to a law enacted subsequent to the date of enactment of the FAST Act, the Secretary shall make available additional amounts of contract authority under subsections (b) and (c).
“(b) Amount of Adjustment.—If monies are deposited into the Highway Account or the Mass Transit Account as described in subsection (a), on October 1 of the fiscal year following the deposit of such monies, the Secretary shall—
“(1) make available for programs authorized from such account for such fiscal year a total amount equal to—
“(A) the amount otherwise authorized to be appropriated for such programs for such fiscal year; plus
“(B) an amount equal to such monies deposited into such account during the previous fiscal year as described in subsection (a); and
“(2) distribute the additional amount under paragraph (1)(B) to each of such programs in accordance with subsection (c).
“(c) Distribution of Adjustment Among Programs.—
“(1) In general.—In making an adjustment for programs authorized to be appropriated from the Highway Account or the Mass Transit Account for a fiscal year under subsection (b), the Secretary shall—
“(A) determine the ratio that—
“(i) the amount authorized to be appropriated for a program from the account for the fiscal year; bears to
“(ii) the total amount authorized to be appropriated for such fiscal year for all programs under such account;
“(B) multiply the ratio determined under subparagraph (A) by the amount of the adjustment determined under subsection (b)(1)(B); and
“(C) adjust the amount that the Secretary would otherwise have allocated for the program for such fiscal year by the amount calculated under subparagraph (B).
“(2) Formula programs.—For a program for which funds are distributed by formula, the Secretary shall add the 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 an adjustment of funding under subsection (c)(1).
“(e) Authorization of Appropriations.—There is authorized to be appropriated from the appropriate account or accounts of the Highway Trust Fund an amount equal to the amount of an adjustment for a fiscal year under subsection (b) for any of fiscal years 2017 through 2020.
“(f) Revision to Obligation Limitations.—
“(1) In general.—If the Secretary makes an adjustment under subsection (b) for a fiscal year to an amount subject to a limitation on obligations imposed by section 1102 or 3018 of the FAST Act—
“(A) such limitation on obligations for such fiscal year shall be revised by an amount equal to such adjustment; and
“(B) the Secretary shall distribute such limitation on obligations, as revised under subparagraph (A), in 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) 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 FAST Act; and
“(C) the Federal Motor Carrier Safety Administration, as authorized under section 31110 of title 49.
“(2) Highway account.—The term ‘Highway Account’ means the portion of the Highway Trust Fund that is not the Mass Transit Account.
“(3) Mass transit account.—The term ‘Mass Transit Account’ means the Mass Transit Account of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.”
Clerical Amendment.— The analysis for such chapter is amended by inserting after the item relating to section 104 the following:
“105. Additional deposits into Highway Trust Fund.”.
SEC. 1404. Design Standards.
in subsection (c)—
in paragraph (1)—
in the matter preceding subparagraph (A) by striking “ may take into account” and inserting “ shall consider”;
in subparagraph (B) by striking “ and” at the end;
by redesignating subparagraph (C) as subparagraph (D); and
by inserting after subparagraph (B) the following:
“(C) cost savings by utilizing flexibility that exists in current design guidance and regulations; and”
; and
in paragraph (2)—
in subparagraph (C) by striking “ and” at the end;
by redesignating subparagraph (D) as subparagraph (F); and
by inserting after subparagraph (C) the following:
“(D) the publication entitled ‘Highway Safety Manual’ of the American Association of State Highway and Transportation Officials;
“(E) the publication entitled ‘Urban Street Design Guide’ of the National Association of City Transportation Officials; and”
; and
in subsection (f) by inserting “ pedestrian walkways,” after “ bikeways,”.
Design Standard Flexibility.— Notwithstanding section 109(o) of title 23, United States Code, a State may allow a local jurisdiction to use a roadway design publication that is different from the roadway design publication used by the State in which the local jurisdiction is located for the design of a project on a roadway under the ownership of the local jurisdiction (other than a highway on the Interstate System) if—
the local jurisdiction is a direct recipient of Federal funds for the project;
the roadway design publication—
is recognized by the Federal Highway Administration; and
is adopted by the local jurisdiction; and
the design complies with all other applicable Federal laws.
SEC. 1405. Justification Reports for Access Points on the Interstate System.
Section 111(e) of title 23, United States Code, is amended by inserting “ (including new or modified freeway-to-crossroad interchanges inside a transportation management area)” after “ the Interstate System”.
SEC. 1406. Performance Period Adjustment.
in subsection (e)(7), by striking “ for 2 consecutive reports submitted under this paragraph shall include in the next report submitted” and inserting “ shall include as part of the performance target report under section 150(e)”; and
in subsection (f)(1)(A) in the matter preceding clause (i) by striking “ If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls” and inserting “ If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen”.
in the matter preceding paragraph (1), by striking “ performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets” and inserting “ safety performance targets of the State established under section 150(d)”; and
in paragraphs (1) and (2), by inserting “ safety” before “ performance targets” each place it appears.
SEC. 1407. Vehicle-To-Infrastructure Equipment.
National Highway Performance Program.— Section 119(d)(2)(L) of title 23, United States Code, is amended by inserting “ , including the installation of vehicle-to-infrastructure communication equipment” after “ capital improvements”.
Surface Transportation Block Grant Program.— Section 133(b)(1)(D) of title 23, United States Code, is amended by inserting “ , including the installation of vehicle-to-infrastructure communication equipment” after “ capital improvements”.
SEC. 1408. Federal Share Payable.
Innovative Project Delivery Methods.— Section 120(c)(3) of title 23, United States Code, is amended—
in subparagraph (A)(ii)—
by inserting “ engineering or design approaches,” after “ technologies,”; and
by inserting “ or project delivery” after “ or contracting”;
in subparagraph (B)—
in clause (iii) by inserting “ and alternative bidding” before the semicolon at the end;
in clause (iv) by striking “ or” at the end;
by redesignating clause (v) as clause (vi); and
by inserting after clause (iv) the following:
“(v) innovative pavement materials that have a demonstrated life cycle of 75 or more years, are manufactured with reduced greenhouse gas emissions, and reduce construction-related congestion by rapidly curing; or”
; and
Emergency Relief.— Section 120(e)(2) of title 23, United States Code, is amended by striking “ Federal land access transportation facilities” and inserting “ other Federally owned roads that are open to public travel”.
SEC. 1409. Milk Products.
Section 127(a) of title 23, United States Code, is amended by adding at the end the following:
“(13) Milk products.—A vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided.”
SEC. 1410. Interstate Weight Limits.
Section 127 of title 23, United States Code, is amended by adding at the end the following:
“(m) Covered Heavy-duty Tow and Recovery Vehicles.—
“(1) In general.—The vehicle weight limitations set forth in this section do not apply to a covered heavy-duty tow and recovery vehicle.
“(2) Covered heavy-duty tow and recovery vehicle defined.—In this subsection, the term ‘covered heavy-duty tow and recovery vehicle’ means a vehicle that—
“(A) is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and
“(B) has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.
“(n) Operation of Vehicles on Certain Highways in the State of Texas.—If any segment in the State of Texas of United States Route 59, United States Route 77, United States Route 281, United States Route 84, Texas State Highway 44, or another roadway is designated as Interstate Route 69, a vehicle that could operate legally on that segment before the date of the designation may continue to operate on that segment, without regard to any requirement under this section.
“(o) Certain Logging Vehicles in the State of Wisconsin.—
“(1) In general.—The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section.
“(2) Covered logging vehicle defined.—In this subsection, the term ‘covered logging vehicle’ means a vehicle that—
“(A) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;
“(B) has a gross vehicle weight of not more than 98,000 pounds;
“(C) has not less than 6 axles; and
“(D) is operating on a segment of Interstate Route 39 in the State of Wisconsin from mile marker 175.8 to mile marker 189.
“(p) Operation of Certain Specialized Vehicles on Certain Highways in the State of Arkansas.—If any segment of United States Route 63 between the exits for highways 14 and 75 in the State of Arkansas is designated as part of the Interstate System, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits under subsection (a) and the width limitation under section 31113(a) of title 49 shall not apply to that segment with respect to the operation of any vehicle that could operate legally on that segment before the date of the designation.
“(q) Certain Logging Vehicles in the State of Minnesota.—
“(1) In general.—The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section.
“(2) Covered logging vehicle defined.—In this subsection, the term ‘covered logging vehicle’ means a vehicle that—
“(A) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;
“(B) has a gross vehicle weight of not more than 99,000 pounds;
“(C) has not less than 6 axles; and
“(D) is operating on a segment of Interstate Route 35 in the State of Minnesota from mile marker 235.4 to mile marker 259.552.
“(r) Emergency Vehicles.—
“(1) In general.—Notwithstanding subsection (a), a State shall not enforce against an emergency vehicle a vehicle weight limit (up to a maximum gross vehicle weight of 86,000 pounds) of less than—
“(A) 24,000 pounds on a single steering axle;
“(B) 33,500 pounds on a single drive axle;
“(C) 62,000 pounds on a tandem axle; or
“(D) 52,000 pounds on a tandem rear drive steer axle.
“(2) Emergency vehicle defined.—In this subsection, the term ‘emergency vehicle’ means a vehicle designed to be used under emergency conditions—
“(A) to transport personnel and equipment; and
“(B) to support the suppression of fires and mitigation of other hazardous situations.
“(s) Natural Gas Vehicles.—A vehicle, if operated by an engine fueled primarily by natural gas, may exceed any vehicle weight limit (up to a maximum gross vehicle weight of 82,000 pounds) under this section by an amount that is equal to the difference between—
“(1) the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and
“(2) the weight of a comparable diesel tank and fueling system.”
SEC. 1411. Tolling; Hov Facilities; Interstate Reconstruction and Rehabilitation.
in paragraph (3)(A), in the matter preceding clause (i)—
by striking “ shall use” and inserting “ shall ensure that”; and
by inserting “ are used” before “ only for”;
by striking paragraph (4) and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and
in subparagraph (B) of paragraph (4) (as so redesignated) by striking “ Federal-aid system” and inserting “ Federal-aid highways”;
by inserting after paragraph (8) (as so redesignated)—
“(9) Equal access for over-the-road buses.—An over-the-road bus that serves the public shall be provided access to a toll facility under the same rates, terms, and conditions as public transportation buses.”
; and
in paragraph (10)—
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
by inserting after subparagraph (B) the following:
“(C) Over-the-road bus.—The term ‘over-the-road bus’ has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).”
by striking “ the agency” each place it appears and inserting “ the authority”;
in subsection (a)(1)—
by striking the paragraph heading and inserting “ authority of public authorities”; and
by striking “ State agency” and inserting “ public authority”;
in subsection (b)—
by striking “ State agency” each place it appears and inserting “ public authority”;
in paragraph (3)—
in subparagraph (A) by striking “ and” at the end;
in subparagraph (B) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(C) provides equal access under the same rates, terms, and conditions for all public transportation vehicles and over-the-road buses serving the public.”
in paragraph (4)(C)—
in clause (i) by striking “ and” at the end;
in clause (ii) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(iii) ensure that over-the-road buses serving the public are provided access to the facility under the same rates, terms, and conditions as public transportation buses.”
; and
in paragraph (5)—
by striking subparagraph (A) and inserting the following:
“(A) Special rule.—Before September 30, 2025, if a public authority establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles described in clauses (i) and (ii), the public authority may allow the use of the HOV facility by—
“(i) alternative fuel vehicles; and
“(ii) any motor vehicle described in section 30D(d)(1) of the Internal Revenue Code of 1986.”
; and
in subparagraph (B) by striking “ 2017” and inserting “ 2019”;
in subsection (c)—
by striking paragraph (1) and inserting the following:
“(1) In general.—Notwithstanding section 301, tolls may be charged under paragraphs (4) and (5) of subsection (b), subject to the requirements of section 129.”
; and
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
in subsection (d)—
by striking “ State agency” each place it appears and inserting “ public authority”;
in paragraph (1)—
by striking subparagraphs (D) and (E); and
by inserting after subparagraph (C) the following:
“(D) Maintenance of operating performance.—
“(i) Submission of plan.—Not later than 180 days after the date on which a facility is degraded under paragraph (2), the public authority with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility into compliance with the minimum average operating speed performance standard through changes to the operation of the facility, including—
“(I) increasing the occupancy requirement for HOV lanes;
“(II) varying the toll charged to vehicles allowed under subsection (b) to reduce demand;
“(III) discontinuing allowing non-HOV vehicles to use HOV lanes under subsection (b); or
“(IV) increasing the available capacity of the HOV facility.
“(ii) Notice of approval or disapproval.—Not later than 60 days after the date of receipt of a plan under clause (i), the Secretary shall provide to the public authority a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the HOV facility into compliance with the minimum average operating speed performance standard.
“(iii) Annual progress updates.—Until the date on which the Secretary determines that the public authority has brought the HOV facility into compliance with this subsection, the public authority shall submit annual updates that describe—
“(I) the actions taken to bring the HOV facility into compliance; and
“(II) the progress made by those actions.
“(E) Compliance.—If the public authority fails to bring a facility into compliance under subparagraph (D), the Secretary shall subject the public authority to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded.
“(F) Waiver.—
“(i) In general.—Upon the request of a public authority, the Secretary may waive the compliance requirements of subparagraph (E), if the Secretary determines that—
“(I) the waiver is in the best interest of the traveling public;
“(II) the public authority is meeting the conditions under subparagraph (D); and
“(III) the public authority has made a good faith effort to improve the performance of the facility.
“(ii) Condition.—The Secretary may require, as a condition of providing a waiver under this subparagraph, that a public authority take additional actions, as determined by the Secretary, to maximize the operating speed performance of the facility, even if such performance is below the level set under paragraph (2).”
in subsection (f)—
in paragraph (1), in the matter preceding subparagraph (A), by inserting “ solely” before “ operating”;
in paragraph (4)(B)(iii) by striking “ State agency” and inserting “ public authority”;
by striking paragraph (5);
by redesignating paragraph (4) as paragraph (6); and
by inserting after paragraph (3) the following:
“(4) Over-the-road bus.—The term ‘over-the-road bus’ has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).
“(5) Public authority.—The term ‘public authority’ as used with respect to a HOV facility, means a State, interstate compact of States, public entity designated by a State, or local government having jurisdiction over the operation of the facility.”
; and
by adding at the end the following:
“(g) Consultation of MPO.—If a HOV facility charging tolls under paragraph (4) or (5) of subsection (b) is on the Interstate System and located in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility.”
Interstate System Reconstruction and Rehabilitation Pilot Program.— Section 1216(b) of the Transportation Equity Act for the 21st Century (Public Law 105–178) is amended—
in paragraph (4)—
in subparagraph (D) by striking “ and” at the end;
in subparagraph (E) by striking the period and inserting “ ; and”; and
by adding at the end the following:
“(F) the State has the authority required for the project to proceed.”
by redesignating paragraphs (6) through (8) as paragraphs (8) through (10), respectively; and
by inserting after paragraph (5) the following:
“(6) Requirements for project completion.—
“(A) General term for expiration of provisional application.—An application provisionally approved by the Secretary under this subsection shall expire 3 years after the date on which the application was provisionally approved if the State has not—
“(i) submitted a complete application to the 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 (42 U.S.C. 4321 et seq.);
“(ii) funding and financing commitments for the pilot project;
“(iii) expressions of support for the pilot project from State and local governments, community interests, and the public; and
“(iv) submission of a facility management plan pursuant to paragraph (3)(D).
“(C) Conditions for previously provisionally approved applications.—A State with a provisionally approved application for a pilot project as of the date of enactment of the FAST Act shall have 1 year after that date of enactment to meet the requirements of 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.”
Approval of Applications.— The Secretary may approve an application submitted under section 1604(c) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1253) if the application, or any part of the application, was submitted before the deadline specified in section 1604(c)(8) of that Act.
SEC. 1412. Projects for Public Safety Relating to Idling Trains.
Section 130(a) of title 23, United States Code, is amended by striking “ and the relocation of highways to eliminate grade crossings” and inserting “ the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains”.
SEC. 1413. National Electric Vehicle Charging and Hydrogen, Propane, and Natural Gas Fueling Corridors.
In General.— Chapter 1 of title 23, United States Code, is amended by inserting after section 150 the following:
Ҥ 151. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors
“(a) In General.—Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall designate national electric vehicle charging and hydrogen, propane, and natural gas fueling corridors that identify the near- and long-term need for, and location of, electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure at strategic locations along major national highways to improve the mobility of passenger and commercial vehicles that employ electric, hydrogen fuel cell, propane, and natural gas fueling technologies across the United States.
“(b) Designation of Corridors.—In designating the corridors under subsection (a), the Secretary shall—
“(1) solicit nominations from State and local officials for facilities to be included in the corridors;
“(2) incorporate existing electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling corridors designated by a State or group of States; and
“(3) consider the demand for, and location of, existing electric vehicle charging stations, hydrogen fueling stations, propane fueling stations, and natural gas fueling infrastructure.
“(c) Stakeholders.—In designating corridors under subsection (a), the Secretary shall involve, on a voluntary basis, stakeholders that include—
“(1) the heads of other Federal agencies;
“(2) State and local officials;
“(3) representatives of—
“(A) energy utilities;
“(B) the electric, fuel cell electric, propane, and natural gas vehicle industries;
“(C) the freight and shipping industry;
“(D) clean technology firms;
“(E) the hospitality industry;
“(F) the restaurant industry;
“(G) highway rest stop vendors; and
“(H) industrial gas and hydrogen manufacturers; and
“(4) such other stakeholders as the Secretary determines to be necessary.
“(d) Redesignation.—Not later than 5 years after the date of establishment of the corridors under subsection (a), and every 5 years thereafter, the Secretary shall update and redesignate the corridors.
“(e) Report.—During designation and redesignation of the corridors under this section, the Secretary shall issue a report that—
“(1) identifies electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure and standardization needs for electricity providers, industrial gas providers, natural gas providers, infrastructure providers, vehicle manufacturers, electricity purchasers, and natural gas purchasers; and
“(2) establishes an aspirational goal of achieving strategic deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in those corridors by the end of fiscal year 2020.”
Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 150 the following:
“151. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors.”.
Operation of Battery Recharging Stations in Parking Areas Used by Federal Employees.—
Authorization.—
In general.— The Administrator of General Services may install, construct, operate, and maintain on a reimbursable basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the General Services Administration for the use of only privately owned vehicles of employees of the General Services Administration, tenant Federal agencies, and others who are authorized to park in such area to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles.
Areas under other federal agencies.— The Administrator of General Services (on the request of a Federal agency) or the head of a Federal agency may install, construct, operate, and maintain on a reimbursable basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the requesting Federal agency, to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles.
Use of vendors.— The Administrator of General Services, with respect to subparagraph (A) or (B), or the head of a Federal agency, with respect to subparagraph (B), may carry out such subparagraph through a contract with a vendor, under such terms and conditions (including terms relating to the allocation between the Federal agency and the vendor of the costs of carrying out the contract) as the Administrator or the head of the Federal agency, as the case may be, and the vendor may agree to.
Imposition of fees to cover costs.—
Fees.— The Administrator of General Services or the head of the Federal agency under paragraph (1)(B) shall charge fees to the individuals who use the battery recharging station in such amount as is necessary to ensure that the respective agency recovers all of the costs such agency incurs in installing, constructing, operating, and maintaining the station.
Deposit and availability of fees.— Any fees collected by the Administrator of General Services or the Federal agency, as the case may be, under this paragraph shall be—
deposited monthly in the Treasury to the credit of the respective agency’s appropriations account for the operations of the building where the battery recharging station is located; and
available for obligation without further appropriation during—
the fiscal year collected; and
the fiscal year following the fiscal year collected.
No effect on existing programs for house and senate.— Nothing in this subsection affects the installation, construction, operation, or maintenance of battery recharging stations by the Architect of the Capitol—
under Public Law 112–170 (2 U.S.C. 2171), relating to employees of the House of Representatives and individuals authorized to park in any parking area under the jurisdiction of the House of Representatives on the Capitol Grounds; or
under Public Law 112–167 (2 U.S.C. 2170), relating to employees of the Senate and individuals authorized to park in any parking area under the jurisdiction of the Senate on the Capitol Grounds.
No effect on similar authorities.— Nothing in this subsection—
repeals or limits any existing authorities of a Federal agency to install, construct, operate, or maintain battery recharging stations; or
requires a Federal agency to seek reimbursement for the costs of installing or constructing a battery recharging station—
that has been installed or constructed prior to the date of enactment of this Act;
that is installed or constructed for Federal fleet vehicles, but that receives incidental use to recharge privately owned vehicles; or
that is otherwise installed or constructed pursuant to appropriations for that purpose.
Annual report to congress.— Not later than 2 years after the date of enactment of this Act, and annually thereafter for 10 years, the Administrator of General Services shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing—
the number of battery recharging stations installed by the Administrator on the Administrator’s own initiative under this subsection;
requests from other Federal agencies to install battery recharging stations; and
the status and disposition of requests from other Federal agencies.
Federal agency defined.— In this subsection, the term “Federal agency” has the meaning given the term “Executive agency” in section 105 of title 5, United States Code, and includes—
the United States Postal Service;
the Executive Office of the President;
the military departments (as defined in section 102 of title 5, United States Code); and
the judicial branch.
Effective date.— This subsection shall apply with respect to fiscal year 2016 and each succeeding fiscal year.
SEC. 1414. Repeat Offender Criteria.
Section 164(a) of title 23, United States Code, is amended—
by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;
by inserting before paragraph (2), as redesignated, the following:
“(1) 24-7 sobriety program.—The term ‘24-7 sobriety program’ has the meaning given the term in section 405(d)(7)(A).”
in paragraph (5), as redesignated—
in the matter preceding subparagraph (A), by inserting “ or combination of laws or programs” after “ State law”;
by amending subparagraph (A) to read as follows:
“(A) receive, for a period of not less than 1 year—
“(i) a suspension of all driving privileges;
“(ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies;
“(iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or
“(iv) any combination of clauses (i) through (iii);”
by striking subparagraph (B);
by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and
in subparagraph (C), as redesignated—
in clause (i)(II) by inserting before the semicolon the following: “ (unless the State certifies that the general practice is that such an individual will be incarcerated)”; and
in clause (ii)(II) by inserting before the period at the end the following: “ (unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration)”; and
by adding at the end the following:
“(6) Special exception.—The term ‘special exception’ means an exception under a State alcohol-ignition interlock law for the following circumstances:
“(A) The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.
“(B) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.”
SEC. 1415. Administrative Provisions to Encourage Pollinator Habitat and Forage on Transportation Rights-Of-Way.
in subsection (a) by inserting “ (including the enhancement of habitat and forage for pollinators)” before “ adjacent”; and
by adding at the end the following:
“(c) Encouragement of Pollinator Habitat and Forage Development and Protection on Transportation Rights-of-way.—In carrying out any program administered by the Secretary under this title, the Secretary shall, in conjunction with willing States, as appropriate—
“(1) encourage integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and
“(2) encourage the development of habitat and forage for Monarch butterflies, other native pollinators, and honey bees through plantings of native forbs and grasses, including noninvasive, native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of other pollinators.”
Provision of Habitat, Forage, and Migratory Way Stations for Monarch Butterflies, Other Native Pollinators, and Honey Bees.— Section 329(a)(1) of title 23, United States Code, is amended by inserting “ provision of habitat, forage, and migratory way stations for Monarch butterflies, other native pollinators, and honey bees,” before “ and aesthetic enhancement”.
SEC. 1416. High Priority Corridors on National Highway System.
Identification of High Priority Corridors on National Highway System.— Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 190; 119 Stat. 1213) is amended—
by striking paragraph (13) and inserting the following:
“(13) Raleigh-Norfolk Corridor from Raleigh, North Carolina, through Rocky Mount, Williamston, and Elizabeth City, North Carolina, to Norfolk, Virginia.”
in paragraph (18)(D)—
in clause (ii) by striking “ and” at the end;
in clause (iii) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(iv) include Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358.”
by striking paragraph (68) and inserting the following:
“(68) The Washoe County Corridor and the Intermountain West Corridor, which shall generally follow—
“(A) for the Washoe County Corridor, along Interstate Route 580/United States Route 95/United States Route 95A from Reno, Nevada, to Las Vegas, Nevada; and
“(B) for the Intermountain West Corridor, from the vicinity of Las Vegas, Nevada, north along United States Route 95 terminating at Interstate Route 80.”
; and
by adding at the end the following:
“(81) United States Route 117/Interstate Route 795 from United States Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina.
“(82) United States Route 70 from its intersection with Interstate Route 40 in Garner, Wake County, North Carolina, to the Port at Morehead City, Carteret County, North Carolina.
“(83) The Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south of the Tucson International Airport.
“(84) The Central Texas Corridor commencing at the logical terminus of Interstate Route 10, generally following portions of United States Route 190 eastward, passing in the vicinity Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, and Woodville, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing.
“(85) Interstate Route 81 in New York from its intersection with Interstate Route 86 to the United States-Canadian border.
“(86) Interstate Route 70 from Denver, Colorado, to Salt Lake City, Utah.
“(87) The Oregon 99W Newberg-Dundee Bypass Route between Newberg, Oregon, and Dayton, Oregon.
“(88) Interstate Route 205 in Oregon from its intersection with Interstate Route 5 to the Columbia River.”
Inclusion of Certain Route Segments on Interstate System.— Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (109 Stat. 597; 118 Stat. 293; 119 Stat. 1213) is amended in the first sentence—
by inserting “ subsection (c)(13),” after “ subsection (c)(9),”;
by striking “ subsections (c)(18)” and all that follows through “ subsection (c)(36)” and inserting “ subsection (c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of subsection (c)(26), subsection (c)(36)”; and
by striking “ and subsection (c)(57)” and inserting “ subsection (c)(57), subsection (c)(68)(B), subsection (c)(81), subsection (c)(82), and subsection (c)(83)”.
Designation.— Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (109 Stat. 598; 126 Stat. 427) is amended by striking the final sentence and inserting the following: “ The routes referred to in subparagraphs (A) and (B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are designated as Interstate Route I–11. The route referred to in subsection (c)(84) is designated as Interstate Route I–14.”.
Future Interstate Designation.— Section 119(a) of the SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1608) is amended by striking “ and, as a future Interstate Route 66 Spur, the Natcher Parkway in Owensboro, Kentucky” and inserting “ between Henderson, Kentucky, and Owensboro, Kentucky, and, as a future Interstate Route 65 and 66 Spur, the William H. Natcher Parkway between Bowling Green, Kentucky, and Owensboro, Kentucky”.
SEC. 1417. Work Zone and Guard Rail Safety Training.
by striking the section heading and inserting “ work zone and guard rail safety training”; and
in subsection (b) by adding at the end the following:
“(4) Development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection.”
Clerical Amendment.— The table of contents in section 1(b) of such Act is amended by striking the item relating to section 1409 and inserting the following:
“Sec. 1409. Work zone and guard rail safety training.”.
SEC. 1418. Consolidation of Programs.
Section 1519(a) of MAP–21 (126 Stat. 574) is amended by striking “ From administrative funds” and all that follows through “ shall be made available” and inserting “ For each of fiscal years 2016 through 2020, before making an apportionment under section 104(b)(3) of title 23, United States Code, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 of such title for the fiscal year, $3,500,000”.
SEC. 1419. Elimination or Modification of Certain Reporting Requirements.
Fundamental Properties of Asphalts Report.— Section 6016(e) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2183) is repealed.
Express Lanes Demonstration Program Reports.— Section 1604(b)(7)(B) of SAFETEA–LU (23 U.S.C. 129 note) is repealed.
SEC. 1420. Flexibility for Projects.
Authority.— With respect to projects eligible for funding under title 23, United States Code, subject to subsection (b) and on request by a State, the Secretary may—
exercise all existing flexibilities under and exceptions to—
the requirements of title 23, United States Code; and
other requirements administered by the Secretary, in whole or part; and
otherwise provide additional flexibility or expedited processing with respect to the requirements described in paragraph (1).
Maintaining Protections.— Nothing in this section—
waives the requirements of section 113 or 138 of title 23, United States Code;
supersedes, amends, or modifies—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or
any requirement of title 23 or title 49, United States Code; or
affects the responsibility of any Federal officer to comply with or enforce any law or requirement described in this subsection.
SEC. 1421. Productive and Timely Expenditure of Funds.
In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall develop guidance that encourages the use of programmatic approaches to project delivery, expedited and prudent procurement techniques, and other best practices to facilitate productive, effective, and timely expenditure of funds for projects eligible for funding under title 23, United States Code.
Implementation.— The Secretary shall work with States to ensure that any guidance developed under subsection (a) is consistently implemented by States and the Federal Highway Administration to—
avoid unnecessary delays in completing projects;
minimize cost overruns; and
ensure the effective use of Federal funding.
SEC. 1422. Study on Performance of Bridges.
In General.— Subject to subsection (c), the Administrator of the Federal Highway Administration (referred to in this section as the “Administrator”) shall commission the Transportation Research Board of the National Academy of Sciences to conduct a study on the performance of bridges that received funding under the innovative bridge research and construction program (referred to in this section as the “program”) under section 503(b) of title 23, United States Code (as in effect on the day before the date of enactment of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)) in meeting the goals of that program, which included—
the development of new, cost-effective innovative material highway bridge applications;
the reduction of maintenance costs and lifecycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges;
the development of construction techniques to increase safety and reduce construction time and traffic congestion;
the development of engineering design criteria for innovative products and materials for use in highway bridges and structures;
the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad traffic;
the development of highway bridges and structures that will withstand natural disasters, including alternative processes for the seismic retrofit of bridges; and
the development of new nondestructive bridge evaluation technologies and techniques.
Contents.— The study commissioned under subsection (a) shall include—
an analysis of the performance of bridges that received funding under the program in meeting the goals described in paragraphs (1) through (7) of subsection (a);
an analysis of the utility, compared to conventional materials and technologies, of each of the innovative materials and technologies used in projects for bridges under the program in meeting the needs of the United States in 2015 and in the future for a sustainable and low lifecycle cost transportation system;
recommendations to Congress on how the installed and lifecycle costs of bridges could be reduced through the use of innovative materials and technologies, including, as appropriate, any changes in the design and construction of bridges needed to maximize the cost reductions; and
a summary of any additional research that may be needed to further evaluate innovative approaches to reducing the installed and lifecycle costs of highway bridges.
Public Comment.— Before commissioning the study under subsection (a), the Administrator shall provide an opportunity for public comment on the study proposal.
Data From States.— Each State that received funds under the program shall provide to the Transportation Research Board any relevant data needed to carry out the study commissioned under subsection (a).
Deadline.— The Administrator shall submit to Congress the study commissioned under subsection (a) not later than 3 years after the date of enactment of this Act.
SEC. 1423. Relinquishment of Park-And-Ride Lot Facilities.
A State transportation agency may relinquish park-and-ride lot facilities or portions of park-and-ride lot facilities to a local government agency for highway purposes if authorized to do so under State law if the agreement providing for the relinquishment provides that—
rights-of-way on the Interstate System will remain available for future highway improvements; and
modifications to the facilities that could impair the highway or interfere with the free and safe flow of traffic are subject to the approval of the Secretary.
SEC. 1424. Pilot Program.
In General.— The Administrator of the Federal Highway Administration (referred to in this section as the “Administrator”) may establish a pilot program that allows a State to utilize innovative approaches to maintain the right-of-way of Federal-aid highways within the State.
Limitation.— A pilot program established under subsection (a) shall—
terminate after not more than 4 years;
include not more than 5 States; and
be subject to guidelines published by the Administrator.
Report.— If the Administrator establishes a pilot program under subsection (a), the Administrator shall, not more than 1 year after the completion of the pilot program, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the pilot program.
Savings Provision.— Nothing in this section may be construed to affect the requirements of section 111 of title 23, United States Code.
SEC. 1425. Service Club, Charitable Association, or Religious Service Signs.
Notwithstanding section 131 of title 23, United States Code, and part 750 of title 23, Code of Federal Regulations (or successor regulations), if a State notifies the Federal Highway Administration, the State may allow the maintenance of a sign of a service club, charitable association, or religious service organization—
that exists on the date of enactment of this Act (or was removed in the 3-year period ending on such date of enactment); and
the area of which is less than or equal to 32 square feet.
SEC. 1426. Motorcyclist Advisory Council.
The Secretary, acting through the Administrator of the Federal Highway Administration, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including—
barrier design;
road design, construction, and maintenance practices; and
the architecture and implementation of intelligent transportation system technologies.
SEC. 1427. Highway Work Zones.
It is the sense of Congress that the Federal Highway Administration should—
do all within its power to protect workers in highway work zones; and
move rapidly to finalize regulations, as directed in section 1405 of MAP–21 (126 Stat. 560), to protect the lives and safety of construction workers in highway work zones from vehicle intrusions.
SEC. 1428. Use of Durable, Resilient, and Sustainable Materials and Practices.
To the extent practicable, the Secretary shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Highway Administration.
SEC. 1429. Identification of Roadside Highway Safety Hardware Devices.
Study.— The Secretary shall conduct a study on methods for identifying roadside highway safety hardware devices to improve the data collected on the devices, as necessary for in-service evaluation of the devices.
Contents.— In conducting the study under subsection (a), the Secretary shall evaluate identification methods based on the ability of the method—
to convey information on the devices, including manufacturing date, factory of origin, product brand, and model;
to withstand roadside conditions; and
to connect to State and regional inventories of similar devices.
Identification Methods.— The identification methods to be studied under this section include stamped serial numbers, radio-frequency identification, and such other methods as the Secretary determines appropriate.
Report to Congress.— Not later than January 1, 2018, the Secretary shall submit to Congress a report on the results of the study under subsection (a).
SEC. 1430. Use of Modeling and Simulation Technology.
It is the sense of Congress that the Department should utilize, to the fullest and most economically feasible extent practicable, modeling and simulation technology to analyze highway and public transportation projects authorized by this Act to ensure that these projects—
will increase transportation capacity and safety, alleviate congestion, and reduce travel time and environmental impacts; and
are as cost effective as practicable.
SEC. 1431. National Advisory Committee on Travel and Tourism Infrastructure.
Findings.— Congress finds that—
1 out of every 9 jobs in the United States depends on travel and tourism, and the industry supports 15,000,000 jobs in the United States;
the travel and tourism industry employs individuals in all 50 States, the District of Columbia, and all of the territories of the United States;
international travel to the United States is the single largest export industry in the United States, generating a trade surplus balance of approximately $74,000,000,000;
travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 in annual economic output; and
the United States intermodal transportation network facilitates the large-scale movement of business and leisure travelers, and is the most important asset of the travel industry.
Establishment.— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory committee to be known as the National Advisory Committee on Travel and Tourism Infrastructure (referred to in this section as the “Committee”) to provide information, advice, and recommendations to the Secretary on matters relating to the role of intermodal transportation in facilitating mobility related to travel and tourism activities.
Membership.— The Committee shall—
be composed of members appointed by the Secretary for terms of not more than 3 years; and
include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry, including representatives of—
the travel and tourism industry, product and service providers, and travel and tourism-related associations;
travel, tourism, and destination marketing organizations;
the travel and tourism-related workforce;
State tourism offices;
State departments of transportation;
regional and metropolitan planning organizations; and
local governments.
Role of Committee.— The Committee shall—
advise the Secretary on current and emerging priorities, issues, projects, and funding needs related to the use of the intermodal transportation network of the United States to facilitate travel and tourism;
serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers;
promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism;
gather information, develop technical advice, and make recommendations to the Secretary on policies that improve the condition and performance of an integrated national transportation system that—
is safe, economical, and efficient; and
maximizes the benefits to the United States generated through the travel and tourism industry;
identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism, commercial, and recreational activities;
provide for development of measures of condition, safety, and performance for transportation related to travel and tourism;
provide for development of transportation investment, data, and planning tools to assist Federal, State, and local officials in making investment decisions relating to transportation projects that improve travel and tourism; and
address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes, including by making legislative recommendations.
National Travel and Tourism Infrastructure Strategic Plan.— Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Committee, State departments of transportation, and other appropriate public and private transportation stakeholders, shall develop and post on the public Internet website of the Department a national travel and tourism infrastructure strategic plan that includes—
an assessment of the condition and performance of the national transportation network;
an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism;
forecasts of long-haul passenger travel and tourism volumes for the 20-year period beginning in the year during which the plan is issued;
an identification of the major transportation facilities and corridors for current and forecasted long-haul travel and tourism volumes, the identification of which shall be revised, as appropriate, in subsequent plans;
an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved long-haul passenger travel performance (including opportunities for overcoming the barriers);
best practices for improving the performance of the national transportation network; and
strategies to improve intermodal connectivity for long-haul passenger travel and tourism.
SEC. 1432. Emergency Exemptions.
In General.— Any road, highway, railway, bridge, or transit facility that is damaged by an emergency that is declared by the Governor of the State, with the concurrence of the Secretary of Homeland Security, or declared as an emergency by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), and that is in operation or under construction on the date on which the emergency occurs may be reconstructed in the same location with the same capacity, dimensions, and design as before the emergency subject to the exemptions and expedited procedures under subsection (b).
Exemptions and Expedited Procedures.—
Alternative arrangements.— Alternative arrangements for an emergency under section 1506.11 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection (a), and the reconstruction shall be considered necessary to control the immediate impacts of the emergency.
Stormwater discharge permits.— A general permit for stormwater discharges from construction activities, if available, issued by the Administrator of the Environmental Protection Agency or the director of a State program under section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)), as applicable, shall apply to reconstruction under subsection (a), on submission of a notice of intent to be subject to the permit.
Emergency procedures.— The emergency procedures for issuing permits in accordance with section 325.2(e)(4) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection (a), and the reconstruction shall be considered an emergency under that regulation.
National historic preservation act exemption.— Reconstruction under subsection (a) is eligible for an exemption from the requirements of the National Historic Preservation Act of 1966 pursuant to part 78 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Endangered species act exemption.— An exemption from the requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) pursuant to section 7(p) of that Act (16 U.S.C. 1536(p)) shall apply to reconstruction under subsection (a) and, if the President makes the determination required under section 7(p) of that Act, the determinations required under subsections (g) and (h) of that section shall be deemed to be made.
Expedited consultation under endangered species act.— Expedited consultation pursuant to section 402.05 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection (a).
Other exemptions.— Any reconstruction that is exempt under paragraph (5) shall also be exempt from requirements under—
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and
the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).
SEC. 1433. Report on Highway Trust Fund Administrative Expenditures.
Initial Report.— Not later than 150 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the administrative expenses of the Federal Highway Administration funded from the Highway Trust Fund during the 3 most recent fiscal years.
Updates.— Not later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General shall submit to Congress a report that updates the information provided in the report under that subsection for the preceding 5-year period.
Inclusions.— Each report submitted under subsection (a) or (b) shall include a description of—
the types of administrative expenses of programs and offices funded by the Highway Trust Fund;
the tracking and monitoring of administrative expenses;
the controls in place to ensure that funding for administrative expenses is used as efficiently as practicable; and
the flexibility of the Department to reallocate amounts from the Highway Trust Fund between full-time equivalent employees and other functions.
SEC. 1434. Availability of Reports.
In General.— The Secretary shall make available to the public on the website of the Department any report required to be submitted by the Secretary to Congress after the date of enactment of this Act.
Deadline.— Each report described in subsection (a) shall be made available on the website not later than 30 days after the report is submitted to Congress.
SEC. 1435. Appalachian Development Highway System.
SEC. 1436. Appalachian Regional Development Program.
High-speed Broadband Development Initiative.—
In general.— Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following:
Ҥ 14509. High-speed broadband deployment initiative
“(a) In General.—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities—
“(1) to increase affordable access to broadband networks throughout the Appalachian region;
“(2) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region;
“(3) to provide technology assets, including computers, smartboards, and video projectors to educational systems throughout the Appalachian region;
“(4) to increase distance learning opportunities throughout the Appalachian region;
“(5) to increase the use of telehealth technologies in the Appalachian region; and
“(6) to promote e-commerce applications in the Appalachian region.
“(b) Limitation on Available Amounts.—Of the cost of any activity eligible for a grant under this section—
“(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and
“(2) notwithstanding paragraph (1)—
“(A) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts appropriated to carry out this section; and
“(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.
“(c) Sources of Assistance.—Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—
“(1) under any other Federal program; or
“(2) from any other source.
“(d) Federal Share.—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.”
Conforming amendment.— The analysis for chapter 145 of title 40, United States Code, is amended by inserting after the item relating to section 14508 the following:
“14509. High-speed broadband deployment initiative.”.
in subsection (a)(5), by striking “ fiscal year 2012” and inserting “ each of fiscal years 2012 through 2020”;
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following:
“(c) High-speed Broadband Deployment Initiative.—Of the amounts made available under subsection (a), $10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2020.”
Termination.— Section 14704 of title 40, United States Code, is amended by striking “ 2012” and inserting “ 2020”.
Effective Date.— This section and the amendments made by this section take effect on October 1, 2015.
SEC. 1437. Border State Infrastructure.
In General.— After consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mexico may designate for each fiscal year not more than 5 percent of the funds made available to the State under section 133(d)(1)(B) of title 23, United States Code, for border infrastructure projects eligible under section 1303 of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207).
Use of Funds.— Funds designated under this section shall be available under the requirements of section 1303 of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207).
Certification.— Before making a designation under subsection (a), the Governor shall certify that the designation is consistent with transportation planning requirements under title 23, United States Code.
Notification.— Not later than 30 days after making a designation under subsection (a), the Governor shall submit to the relevant transportation planning organizations within the border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction.
Limitation.— This section applies only to funds apportioned to a State after the date of enactment of this Act.
Deadline for Designation.— A designation under subsection (a) shall—
be submitted to the Secretary not later than 30 days before the first day of the fiscal year for which the designation is being made; and
remain in effect for the funds designated under subsection (a) for a fiscal year until the Governor of the State notifies the Secretary of the termination of the designation.
Unobligated Funds After Termination.— Effective beginning on the date of a termination under subsection (f)(2), all remaining unobligated funds that were designated under subsection (a) for the fiscal year for which the designation is being terminated shall be made available to the State for the purposes described in section 133(d)(1)(B) of title 23, United States Code.
SEC. 1438. Adjustments.
In General.— On July 1, 2020, of the unobligated balances of funds apportioned among the States under chapter 1 of title 23, United States Code, a total of $7,569,000,000 is permanently rescinded.
Exclusions From Rescission.— The rescission under subsection (a) shall not apply to funds distributed in accordance with—
sections 104(b)(3) and 130(f) of title 23, United States Code;
section 133(d)(1)(A) of such title;
the first sentence of section 133(d)(3)(A) of such title, as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141);
sections 133(d)(1) and 163 of such title, as in effect on the day before the date of enactment of SAFETEA–LU (Public Law 109–59); and
section 104(b)(5) of such title, as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141).
Distribution Among States.— The amount to be rescinded under this section from a State shall be determined by multiplying the total amount of the rescission in subsection (a) by the ratio that—
the unobligated balances subject to the rescission as of September 30, 2019, for the State; bears to
the unobligated balances subject to the rescission as of September 30, 2019, for all States.
Distribution Within Each State.— The amount to be rescinded under this section from each program to which the rescission applies within a State shall be determined by multiplying the required rescission amount calculated under subsection (c) for such State by the ratio that—
the unobligated balance as of September 30, 2019, for such program in such State; bears to
the unobligated balances as of September 30, 2019, for all programs to which the rescission applies in such State.
SEC. 1439. Elimination of Barriers to Improve At-Risk Bridges.
Temporary Authorization.—
In general.— Until the Secretary of the Interior takes the action described in subsection (b), the take of nesting swallows to facilitate a construction project on a bridge eligible for funding under title 23, United States Code, with any component condition rating of 3 or less (as defined by the National Bridge Inventory General Condition Guidance issued by the Federal Highway Administration) is authorized under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between April 1 and August 31.
Measures to minimize impacts.—
Notification before taking.— Prior to the taking of nesting swallows authorized under paragraph (1), any person taking that action shall submit to the Secretary of the Interior a document that contains—
the name of the person acting under the authority of paragraph (1) to take nesting swallows;
a list of practicable measures that will be undertaken to minimize or mitigate significant adverse impacts on the population of that species;
the time period during which activities will be carried out that will result in the taking of that species; and
an estimate of the number of birds, by species, to be taken in the proposed action.
Notification after taking.— Not later than 60 days after the taking of nesting swallows authorized under paragraph (1), any person taking that action shall submit to the Secretary of the Interior a document that contains the number of birds, by species, taken in the action.
Authorization of Take.—
In general.— The Secretary of the Interior, in consultation with the Secretary, shall promulgate a regulation under the authority of section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) authorizing the take of nesting swallows to facilitate bridge repair, maintenance, or construction—
without individual permit requirements; and
under terms and conditions determined to be consistent with treaties relating to migratory birds that protect swallow species occurring in the United States.
Termination.— On the effective date of a final rule under this subsection by the Secretary of the Interior, subsection (a) shall have no force or effect.
Suspension or Withdrawal of Take Authorization.— If the Secretary of the Interior, in consultation with the Secretary, determines that taking of nesting swallows carried out under the authority provided in subsection (a)(1) is having a significant adverse impact on swallow populations, the Secretary of the Interior may suspend that authority through publication in the Federal Register.
SEC. 1440. At-Risk Project Preagreement Authority.
Definition of Preliminary Engineering.— In this section, the term “preliminary engineering” means allowable preconstruction project development and engineering costs.
At-risk Project Preagreement Authority.— A recipient or subrecipient of Federal-aid funds under title 23, United States Code, may—
incur preliminary engineering costs for an eligible project under title 23, United States Code, before receiving project authorization from the State, in the case of a subrecipient, and the Secretary to proceed with the project; and
request reimbursement of applicable Federal funds after the project authorization is received.
Eligibility.— The Secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection (b)—
if the costs meet all applicable requirements under title 23, United States Code, at the time the costs are incurred and the Secretary concurs that the requirements have been met;
in the case of a project located within a designated nonattainment or maintenance area for air quality, if the conformity requirements of the Clean Air Act (42 U.S.C. 7401 et seq.) have been met; and
if the costs would have been allowable if incurred after the date of the project authorization by the Department.
At-risk.— A recipient or subrecipient that elects to use the authority provided under this section shall—
assume all risk for preliminary engineering costs incurred prior to project authorization; and
be responsible for ensuring and demonstrating to the Secretary that all applicable cost eligibility conditions are met after the authorization is received.
Restrictions.— Nothing in this section—
allows a recipient or subrecipient to use the authority under this section to advance a project beyond preliminary engineering prior to the completion of the environmental review process;
waives the applicability of Federal requirements to a project other than the reimbursement of preliminary engineering costs incurred prior to an authorization to proceed in accordance with this section; or
guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding.
SEC. 1441. Regional Infrastructure Accelerator Demonstration Program.
In General.— The Secretary shall establish a regional infrastructure demonstration program (referred to in this section as the “program”) to assist entities in developing improved infrastructure priorities and financing strategies for the accelerated development of a project that is eligible for funding under the TIFIA program under chapter 6 of title 23, United States Code.
Designation of Regional Infrastructure Accelerators.— In carrying out the program, the Secretary may designate regional infrastructure accelerators that will—
serve a defined geographic area; and
act as a resource in the geographic area to qualified entities in accordance with this section.
Application.— To be eligible for a designation under subsection (b), a proposed regional infrastructure accelerator shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.
Criteria.— In evaluating a proposal submitted under subsection (c), the Secretary shall consider—
the need for geographic diversity among regional infrastructure accelerators; and
the ability of the proposal to promote investment in covered infrastructure projects, which shall include a plan—
to evaluate and promote innovative financing methods for local projects, including the use of the TIFIA program under chapter 6 of title 23, United States Code;
to build capacity of State, local, and tribal governments to evaluate and structure projects involving the investment of private capital;
to provide technical assistance and information on best practices with respect to financing the projects;
to increase transparency with respect to infrastructure project analysis and using innovative financing for public infrastructure projects;
to deploy predevelopment capital programs designed to facilitate the creation of a pipeline of infrastructure projects available for investment;
to bundle smaller-scale and rural projects into larger proposals that may be more attractive for investment; and
to reduce transaction costs for public project sponsors.
Annual Report.— Not less frequently than once each year, the Secretary shall submit to Congress a report that describes the findings and effectiveness of the program.
Authorization of Appropriations.— There is authorized to be appropriated to carry out the program $12,000,000, of which the Secretary shall use—
$11,750,000 for initial grants to regional infrastructure accelerators under subsection (b); and
$250,000 for administrative costs of carrying out the program.
SEC. 1442. Safety for Users.
In General.— The Secretary shall encourage each State and metropolitan planning organization to adopt standards for the design of Federal surface transportation projects that provide for the safe and adequate accommodation (as determined by the State) of all users of the surface transportation network, including motorized and nonmotorized users, in all phases of project planning, development, and operation.
Report.— Not later than 2 years after the date of enactment of this Act, the Secretary shall make available to the public a report cataloging examples of State law or State transportation policy that provide for the safe and adequate accommodation of all users of the surface transportation network, in all phases of project planning, development, and operation.
Best Practices.— Based on the report under subsection (b), the Secretary shall identify and disseminate examples of best practices where States have adopted measures that have successfully provided for the safe and adequate accommodation of all users of the surface transportation network in all phases of project planning, development, and operation.
SEC. 1443. Sense of Congress.
It is the sense of Congress that the engineering industry of the United States continues to provide critical technical expertise, innovation, and local knowledge to Federal and State agencies in order to efficiently deliver surface transportation projects to the public, and Congress recognizes the valuable contributions made by the engineering industry of the United States and urges the Secretary to reinforce those partnerships by encouraging State and local agencies to take full advantage of engineering industry capabilities to strengthen project performance, improve domestic competitiveness, and create jobs.
SEC. 1444. Every Day Counts Initiative.
In General.— It is in the national interest for the Department, State departments of transportation, and all other recipients of Federal transportation funds—
to identify, accelerate, and deploy innovation aimed at shortening project delivery, enhancing the safety of the roadways of the United States, and protecting the environment;
to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner;
to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement; and
to create a culture of innovation within the highway community.
Every Day Counts Initiative.— To advance the policy described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative to work with States, local transportation agencies, and industry stakeholders to identify and deploy proven innovative practices and products that—
accelerate innovation deployment;
shorten the project delivery process;
improve environmental sustainability;
enhance roadway safety; and
reduce congestion.
Innovation Deployment.—
In general.— At least every 2 years, the Administrator shall work collaboratively with stakeholders to identify a new collection of innovations, best practices, and data to be deployed to highway stakeholders through case studies, webinars, and demonstration projects.
Requirements.— In identifying a collection described in paragraph (1), the Secretary shall take into account market readiness, impacts, benefits, and ease of adoption of the innovation or practice.
Publication.— Each collection identified under subsection (c) shall be published by the Administrator on a publicly available Web site.
SEC. 1445. Water Infrastructure Finance and Innovation.
Section 5028(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3907(a)) is amended—
by striking paragraph (5); and
by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.
SEC. 1446. Technical Corrections.
Title 23.— Title 23, United States Code, is amended as follows:
Section 119(d)(1)(A) is amended by striking “ mobility,” and inserting “ congestion reduction, system reliability,”.
Section 126(b)(1) is amended by striking “ 133(d)” and inserting “ 133(d)(1)(A)”.
Section 127(a)(3) is amended by striking “ 118(b)(2) of this title” and inserting “ 118(b)”.
Section 150(b)(5) is amended by striking “ national freight network” and inserting “ National Highway Freight Network”.
Section 150(c)(3)(B) is amended by striking the semicolon at the end and inserting a period.
Section 150(e)(4) is amended by striking “ National Freight Strategic Plan” and inserting “ national freight strategic plan”.
Section 153(h)(2) is amended by striking “ paragraphs (1) through (3)” and inserting “ paragraphs (1), (2), and (4)”.
Section 154(c) is amended—
in paragraph (1) by striking “ paragraphs (1), (3), and (4)” and inserting “ paragraphs (1), (2), and (4)”;
in paragraph (3)(A) by striking “ transferred” and inserting “ reserved”; and
in paragraph (5)—
in the matter preceding subparagraph (A) by inserting “ or released” after “ transferred”; and
in subparagraph (A) by striking “ under section 104(b)(l)” and inserting “ under section 104(b)(1)”.
Section 163(f)(2) is amended by striking “ 118(b)(2)” and inserting “ 118(b)”.
Section 164(b) is amended—
in paragraph (3)(A) by striking “ transferred” and inserting “ reserved”; and
in paragraph (5) by inserting “ or released” after “ transferred”.
Section 165(c)(7) is amended by striking “ paragraphs (2), (4), (7), (8), (14), and (19) of section 133(b)” and inserting “ paragraphs (1) through (4) of section 133(c) and section 133(b)(12)”.
Section 202(b)(3) is amended—
in subparagraph (A)(i), in the matter preceding subclause (I), by inserting “ (a)(6),” after “ subsections”; and
in subparagraph (C)(ii)(IV), by striking “ (III).]” and inserting “ (III).”.
Section 217(a) is amended by striking “ 104(b)(3)” and inserting “ 104(b)(4)”.
Section 515 is amended by striking “ this chapter” each place it appears and inserting “ sections 512 through 518”.
Title 49.— Section 6302(b)(3)(B)(vi)(III) of title 49, United States Code, is amended by striking “ 6310” and inserting “ 6309”.
SAFETEA–LU.— Section 4407 of SAFETEA–LU (Public Law 109–59; 119 Stat. 1777) is amended by striking “ hereby enacted into law” and inserting “ granted”.
MAP–21.— Effective as of July 6, 2012, and as if included therein as enacted, MAP–21 (Public Law 112–141) is amended as follows:
Section 1109(a)(2) (126 Stat. 444) is amended by striking “ fourth” and inserting “ fifth”.
Section 1203 (126 Stat. 524) is amended—
in subsection (a) by striking “ Section 150 of title 23, United States Code, is amended to read as follows” and inserting “ Title 23, United States Code, is amended by inserting after section 149 the following”; and
in subsection (b) by striking “ by striking the item relating to section 150 and inserting” and inserting “ by inserting after the item relating to section 149”.
Section 1313(a)(1) (126 Stat. 545) is amended to read as follows:
“(1) in the section heading by striking ‘pilot’; and”
Section 1314(b) (126 Stat. 549) is amended—
by inserting “ chapter 3 of” after “ analysis for”; and
by inserting a period at the end of the matter proposed to be inserted.
Section 1519(c) (126 Stat. 575) is amended—
by striking paragraph (3);
by redesignating paragraphs (4) through (12) as paragraphs (3) through (11), respectively;
in paragraph (7), as redesignated by subparagraph (B)—
by striking the period at the end of the matter proposed to be struck; and
by adding a period at the end; and
in paragraph (8)(A)(i)(I), as redesignated by subparagraph (B), by striking “ than rail” in the matter proposed to be struck and inserting “ than on rail”.
Transportation Research and Innovative Technology Act of 2012.— Section 51001(a)(1) of the Transportation Research and Innovative Technology Act of 2012 (126 Stat. 864) is amended by striking “ sections 503(b), 503(d), and 509” and inserting “ section 503(b)”.
TITLE II Innovative Project Finance
SEC. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 Amendments.
in the matter preceding paragraph (1)—
by striking “ In this chapter, the” and inserting “ The”; and
by inserting “ to sections 601 through 609” after “ apply”;
in paragraph (2)—
in subparagraph (B) by striking “ and” at the end;
in subparagraph (C) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(D) capitalizing a rural projects fund.”
in paragraph (3) by striking “ this chapter” and inserting “ the TIFIA program”;
in paragraph (10)—
by striking “ (10) Master credit agreement.—” and all that follows before subparagraph (A) and inserting the following:
“(10) Master credit agreement.—The term ‘master credit agreement’ means a conditional agreement to extend credit assistance for a program of related projects secured by a common security pledge covered under section 602(b)(2)(A) or for a single project covered under section 602(b)(2)(B) that does not provide for a current obligation of Federal funds, and that would—”
in subparagraph (A) by striking “ subject to the availability of future funds being made available to carry out this chapter;” and inserting
“(i) the availability of future funds being made available to carry out the TIFIA program; and
“(ii) the satisfaction of all of the conditions for the provision of credit assistance under the TIFIA program, including section 603(b)(1);”
; and
in subparagraph (D)—
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
by inserting after clause (i) the following:
“(ii) receiving an investment grade rating from a rating agency;”
in clause (iii) (as so redesignated) by striking “ in section 602(c)” and inserting “ under the TIFIA program, including sections 602(c) and 603(b)(1)”; and
in clause (iv) (as so redesignated) by striking “ this chapter” and inserting “ the TIFIA program”;
in paragraph (12)—
in subparagraph (C) by striking “ and” at the end;
in subparagraph (D)(iv) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(E) a project to improve or construct public infrastructure that is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public utility, or capital project described in section 5302(3)(G)(v) of title 49, and related infrastructure; and
“(F) the capitalization of a rural projects fund.”
in paragraph (15) by striking “ means” and all that follows through the period at the end and inserting “ means a surface transportation infrastructure project located in an area that is outside of an urbanized area with a population greater than 150,000 individuals, as determined by the Bureau of the Census.”;
by redesignating paragraphs (16), (17), (18), (19), and (20) as paragraphs (17), (18), (20), (21), and (22), respectively;
by inserting after paragraph (15) the following:
“(16) Rural projects fund.—The term ‘rural projects fund’ means a fund—
“(A) established by a State infrastructure bank in accordance with section 610(d)(4);
“(B) capitalized with the proceeds of a secured loan made to the bank in accordance with sections 602 and 603; and
“(C) for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section 610.”
by inserting after paragraph (18) (as so redesignated) the following:
“(19) State infrastructure bank.—The term ‘State infrastructure bank’ means an infrastructure bank established under section 610.”
; and
in paragraph (22) (as so redesignated), by inserting “ established under sections 602 through 609” after “ Department”.
Determination of Eligibility and Project Selection.— Section 602 of title 23, United States Code, is amended—
in subsection (a)—
in paragraph (1) in the matter preceding subparagraph (A), by striking “ this chapter” and inserting “ the TIFIA program”;
in paragraph (2)(A) by striking “ this chapter” and inserting “ the TIFIA program”;
in paragraph (3) by striking “ this chapter” and inserting “ the TIFIA program”;
in paragraph (5)—
by striking the paragraph heading and inserting “ Eligible project cost parameters.—”;
in subparagraph (A)—
in the matter preceding clause (i), by striking “ subparagraph (B), to be eligible for assistance under this chapter, a project” and inserting “ subparagraph (B), a project under the TIFIA program”;
by striking clause (i) and inserting the following:
“(i) $50,000,000; and”
; and
in clause (ii) by striking “ assistance”; and
in subparagraph (B)—
by striking the subparagraph designation and heading and all that follows through “ In the case” and inserting the following:
“(B) Exceptions.—
“(i) Intelligent transportation systems.—In the case”
; and
by adding at the end the following:
“(ii) Transit-oriented development projects.—In the case of a project described in section 601(a)(12)(E), eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000.
“(iii) Rural projects.—In the case of a rural infrastructure project or a project capitalizing a rural projects fund, eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000, but not to exceed $100,000,000.
“(iv) Local infrastructure projects.—Eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000 in the case of a project or 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.”
in paragraph (9), in the matter preceding subparagraph (A), by striking “ this chapter” and inserting “ the TIFIA program”; and
in paragraph (10)—
by striking “ To be eligible” and inserting the following:
“(A) In general.—Except as provided in subparagraph (B), to be eligible”
by striking “ this chapter” each place it appears and inserting “ the TIFIA program”;
by striking “ not later than” and inserting “ no later than”; and
by adding at the end the following:
“(B) Rural projects fund.—In the case of a project capitalizing a rural projects fund, the State infrastructure bank shall demonstrate, not later than 2 years after the date on which a secured loan is obligated for the project under the TIFIA program, that the bank has executed a loan agreement with a borrower for a rural infrastructure project in accordance with section 610. After the demonstration is made, the bank may draw upon the secured loan. At the end of the 2-year period, to the extent the bank has not used the loan commitment, the Secretary may extend the term of the loan or withdraw the loan commitment.”
in subsection (b) by striking paragraph (2) and inserting the following:
“(2) Master credit agreements.—
“(A) Program of related projects.—The Secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the Secretary.
“(B) Adequate funding not available.—If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year for which additional funds are available to receive credit assistance.”
in subsection (c)(1), in the matter preceding subparagraph (A), by striking “ this chapter” and inserting “ the TIFIA program”; and
in subsection (e) by striking “ this chapter” and inserting “ the TIFIA program”.
in subsection (a) by striking paragraph (2) and inserting the following:
“(2) Limitation on refinancing of interim construction financing.—A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)—
“(A) if the maturity of such interim construction financing is later than 1 year after the substantial completion of the project; and
“(B) later than 1 year after the date of substantial completion of the project.”
in subsection (b)—
in paragraph (2)—
by striking “ The amount of” and inserting the following:
“(A) In general.—Except as provided in subparagraph (B), the amount of”
; and
by adding at the end the following:
“(B) Rural projects fund.—In the case of a project capitalizing a rural projects fund, the maximum amount of a secured loan made to a State infrastructure bank shall be determined in accordance with section 602(a)(5)(B)(iii).”
in paragraph (3)(A)(i)—
in subclause (III) by striking “ or” at the end;
in subclause (IV) by striking “ and” at the end and inserting “ or”; and
by adding at the end the following:
“(V) in the case of a secured loan for a project capitalizing a rural projects fund, any other dedicated revenue sources available to a State infrastructure bank, including repayments from loans made by the bank for rural infrastructure projects; and”
in paragraph (4)(B)—
in clause (i) by striking “ under this chapter” and inserting “ or a rural projects fund under the TIFIA program”; and
in clause (ii) by inserting “ and rural project funds” after “ rural infrastructure projects”;
in paragraph (5)—
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
in the matter preceding clause (i) (as so redesignated) by striking “ The final” and inserting the following:
“(A) In general.—Except as provided in subparagraph (B), the final”
; and
by adding at the end the following:
“(B) Rural projects fund.—In the case of a project capitalizing a rural projects fund, the final maturity date of the secured loan shall not exceed 35 years after the date on which the secured loan is obligated.”
in paragraph (8) by striking “ this chapter” and inserting “ the TIFIA program”; and
in paragraph (9)—
by striking “ The total Federal assistance provided on a project receiving a loan under this chapter” and inserting the following:
“(A) In general.—The total Federal assistance provided for a project receiving a loan under the TIFIA program”
; and
by adding at the end the following:
“(B) Rural projects fund.—A project capitalizing a rural projects fund shall satisfy subparagraph (A) through compliance with the Federal share requirement described in section 610(e)(3)(B).”
; and
by adding at the end the following:
“(f) Streamlined Application Process.—
“(1) In general.—Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall make available an expedited application process or processes available at the request of entities seeking secured loans under the TIFIA program that use a set or sets of conventional terms established pursuant to this section.
“(2) Terms.—In establishing the streamlined application process required by this subsection, the Secretary may include terms commonly included in prior credit agreements and allow for an expedited application period, including—
“(A) the secured loan is in an amount of not greater than $100,000,000;
“(B) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge, tax increment financing, or a system-backed pledge of project revenues; and
“(C) repayment of the loan commences not later than 5 years after disbursement.”
by striking “ this chapter” each place it appears and inserting “ the TIFIA program”; and
by adding at the end the following:
“(f) Assistance to Small Projects.—
“(1) Reservation of funds.—Of the funds made available to carry out the TIFIA program for each fiscal year, and after the set aside under section 608(a)(5), not less than $2,000,000 shall be made available for the Secretary to use in lieu of fees collected under subsection (b) for projects under the TIFIA program having eligible project costs that are reasonably anticipated not to equal or exceed $75,000,000.
“(2) Release of funds.—Any funds not used under paragraph (1) in a fiscal year shall be made available on October 1 of the following fiscal year to provide credit assistance to any project under the TIFIA program.”
State and Local Permits.— Section 606 of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking “ this chapter” and inserting “ the TIFIA program”.
Regulations.— Section 607 of title 23, United States Code, is amended by striking “ this chapter” and inserting “ the TIFIA program”.
by striking “ this chapter” each place it appears and inserting “ the TIFIA program”; and
in subsection (a)—
in paragraph (2) by inserting “ of” after “ 504(f)”;
in paragraph (3)—
in subparagraph (A), by inserting “ or rural projects funds” after “ rural infrastructure projects”; and
in subparagraph (B), by inserting “ or rural projects funds” after “ rural infrastructure projects”;
by striking paragraphs (4) and (6) and redesignating paragraph (5) as paragraph (4); and
by inserting at the end the following:
“(5) Administrative costs.—Of the amounts made available to carry out the TIFIA program, the Secretary may use not more than $6,875,000 for fiscal year 2016, $7,081,000 for fiscal year 2017, $7,559,000 for fiscal year 2018, $8,195,000 for fiscal year 2019, and $8,441,000 for fiscal year 2020 for the administration of the TIFIA program.”
Reports to Congress.— Section 609 of title 23, United States Code, is amended by striking “ this chapter (other than section 610)” each place it appears and inserting “ the TIFIA program”.
in subsection (a) by adding at the end the following:
“(11) Rural infrastructure project.—The term ‘rural infrastructure project’ has the meaning given the term in section 601.
“(12) Rural projects fund.—The term ‘rural projects fund’ has the meaning given the term in section 601.”
in subsection (d)—
in paragraph (1)(A) by striking “ each of fiscal years” and all that follows through the end of subparagraph (A) and inserting “ each of fiscal years 2016 through 2020 under each of paragraphs (1), (2), and (5) of section 104(b); and”;
in paragraph (2) by striking “ fiscal years 2005 through 2009” and inserting “ fiscal years 2016 through 2020”;
in paragraph (3) by striking “ fiscal years 2005 through 2009” and inserting “ fiscal years 2016 through 2020”;
by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively;
by inserting after paragraph (3) the following:
“(4) Rural projects fund.—Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank to deposit into the rural projects fund of the bank the proceeds of a secured loan made to the bank in accordance with sections 602 and 603.”
; and
in paragraph (6) (as so redesignated) by striking “ section 133(d)(3)” and inserting “ section 133(d)(1)(A)(i)”;
by striking subsection (e) and inserting the following:
“(e) Forms of Assistance From State Infrastructure Banks.—
“(1) In general.—A State infrastructure bank established under this section may—
“(A) with funds deposited into the highway account, transit account, or rail account of the bank, make loans or provide other forms of credit assistance to a public or private entity to carry out a project eligible for assistance under this section; and
“(B) with funds deposited into the rural projects fund, make loans to a public or private entity to carry out a rural infrastructure project.
“(2) Subordination of loan.—The amount of a loan or other form of credit assistance provided for a project described in paragraph (1) may be subordinated to any other debt financing for the project.
“(3) Maximum amount of assistance.—A State infrastructure bank established under this section may—
“(A) with funds deposited into the highway account, transit account, or rail account of the bank, make loans or provide other forms of credit assistance to a public or private entity in an amount up to 100 percent of the cost of carrying out a project eligible for assistance under this section; and
“(B) with funds deposited into the rural projects fund, make loans to a public or private entity in an amount not to exceed 80 percent of the cost of carrying out a rural infrastructure project.
“(4) Initial assistance.—Initial assistance provided with respect to a project from Federal funds deposited into a State infrastructure bank under this section may not be made in the form of a grant.”
in subsection (g)—
in paragraph (1) by striking “ each account” and inserting “ the highway account, the transit account, and the rail account”; and
in paragraph (4) by inserting “ , except that any loan funded from the rural projects fund of the bank shall bear interest at or below the interest rate charged for the TIFIA loan provided to the bank under section 603” after “ feasible”; and
in subsection (k) by striking “ fiscal years 2005 through 2009” and inserting “ fiscal years 2016 through 2020”.
SEC. 2002. Availability Payment Concession Model.
Payment to States for Construction.— Section 121(a) of title 23, United States Code, is amended by inserting “ (including payments made pursuant to a long-term concession agreement, such as availability payments)” after “ a project”.
Project Approval and Oversight.— Section 106(b)(1) of title 23, United States Code, is amended by inserting “ (including payments made pursuant to a long-term concession agreement, such as availability payments)” after “ construction of the project”.
TITLE III Public Transportation
SEC. 3001. Short Title.
This title may be cited as the “Federal Public Transportation Act of 2015”.
SEC. 3002. Definitions.
Section 5302 of title 49, United States Code, is amended—
in paragraph (1)—
in subparagraph (C) by inserting “ functional” before “ landscaping and”; and
in subparagraph (E) by striking “ bicycle storage facilities and installing equipment” and inserting “ bicycle storage shelters and parking facilities and the installation of equipment”;
in paragraph (3)—
by striking subparagraph (F) and inserting the following:
“(F) leasing equipment or a facility for use in public transportation;”
in subparagraph (G)—
in clause (iv) by adding “ and” at the end;
in clause (v) by striking “ and” at the end; and
by striking clause (vi);
by striking subparagraph (I) and inserting the following:
“(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts—
“(i) not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311; or
“(ii) not to exceed 20 percent of such recipient’s annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements:
“(I) Provides an active fixed route travel training program that is available for riders with disabilities.
“(II) Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis.
“(III) Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities.”
in subparagraph (K) by striking “ or” at the end;
in subparagraph (L) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(M) associated transit improvements; or
“(N) technological changes or innovations to modify low or no emission vehicles (as defined in section 5339(c)) or facilities.”
; and
by adding at the end the following:
“(24) Value capture.—The term ‘value capture’ means recovering the increased property value to property located near public transportation resulting from investments in public transportation.”
SEC. 3003. Metropolitan and Statewide Transportation Planning.
in subsection (a)(1) by inserting “ resilient” after “ development of”;
in subsection (c)(2) by striking “ and bicycle transportation facilities” and inserting “ , bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers”;
in subsection (d)—
by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;
by inserting after paragraph (2) the following:
“(3) Representation.—
“(A) In general.—Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.
“(B) Public transportation representative.—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).”
; and
in paragraph (5), as so redesignated, by striking “ paragraph (5)” and inserting “ paragraph (6)”;
in subsection (e)(4)(B) by striking “ subsection (d)(5)” and inserting “ subsection (d)(6)”;
in subsection (g)(3)(A) by inserting “ tourism, natural disaster risk reduction,” after “ economic development,”;
in subsection (h)(1)—
in subparagraph (G) by striking “ and” at the end;
in subparagraph (H) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(I) improve the resiliency and reliability of the transportation system.”
in subsection (i)—
in paragraph (2)—
in subparagraph (A)(i) by striking “ transit” and inserting “ public transportation facilities, intercity bus facilities”;
in subparagraph (G)—
by striking “ and provide” and inserting “ , provide”; and
by inserting before the period at the end the following: “ , and reduce the vulnerability of the existing transportation infrastructure to natural disasters”; and
in subparagraph (H) by inserting before the period at the end the following: “ , including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated”;
in paragraph (6)(A)—
by inserting “ public ports,” before “ freight shippers,”; and
by inserting “ (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “ private providers of transportation”; and
in paragraph (8) by striking “ paragraph (2)(C)” each place it appears and inserting “ paragraph (2)(E)”;
in subsection (k)(3)—
in subparagraph (A) by inserting “ (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects,” after “ reduction”; and
by adding at the end the following:
“(C) Congestion management plan.—A metropolitan planning organization serving 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—
“(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;
“(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and
“(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.
“(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.”
in subsection (l)—
by adding a period at the end of paragraph (1); and
in paragraph (2)(D) by striking “ of less than 200,000” and inserting “ with a population of 200,000 or less”;
in subsection (p) by striking “ Funds set aside under section 104(f)” and inserting “ Funds apportioned under section 104(b)(5)”; and
by adding at the end the following:
“(r) Bi-State Metropolitan Planning Organization.—
“(1) Definition of bi-state mpo region.—In this subsection, the term ‘Bi-State Metropolitan Planning Organization’ has the meaning given the term ‘region’ in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234).
“(2) Treatment.—For the purpose of this title, the Bi-State Metropolitan Planning Organization shall be treated as—
“(A) a metropolitan planning organization;
“(B) a transportation management area under subsection (k); and
“(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada.”
Statewide and Nonmetropolitan Transportation Planning.— Section 5304 of title 49, United States Code, is amended—
in subsection (a)(2) by striking “ and bicycle transportation facilities” and inserting “ , bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers”;
in subsection (d)—
in paragraph (1)—
in subparagraph (G) by striking “ and” at the end;
in subparagraph (H) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(I) improve the resiliency and reliability of the transportation system.”
; and
in paragraph (2)—
in subparagraph (B)(ii) by striking “ urbanized”; and
in subparagraph (C) by striking “ urbanized”; and
in subsection (f)(3)(A)(ii)—
by inserting “ public ports,” before “ freight shippers,”; and
by inserting “ (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “ private providers of transportation”.
SEC. 3004. Urbanized Area Formula Grants.
Section 5307 of title 49, United States Code, is amended—
in subsection (a)—
in paragraph (2) by inserting “ or demand response service, excluding ADA complementary paratransit service,” before “ during” each place it appears; and
by adding at the end the following:
“(3) Exception to the special rule.—Notwithstanding paragraph (2), if a public transportation system described in such paragraph executes a written agreement with 1 or more other public transportation systems within the urbanized area to allocate funds for the purposes described in the paragraph by a method other than by measuring vehicle revenue hours, each public transportation system that is a party to the written agreement may follow the terms of the written agreement without regard to measured vehicle revenue hours referred to in the paragraph.”
; and
in subsection (c)(1)—
in subparagraph (C), by inserting “ in accordance with the recipient’s transit asset management plan” after “ equipment and facilities”; and
in subparagraph (K), by striking “ Census—” and all that follows through clause (ii) and inserting the following: “ Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and”.
SEC. 3005. Fixed Guideway Capital Investment Grants.
in subsection (a)—
in paragraph (3), by striking “ and weekend days”;
in paragraph (6)—
in subparagraph (A) by inserting “ , small start projects,” after “ new fixed guideway capital projects”; and
by striking subparagraph (B) and inserting the following:
“(B) 2 or more projects that are any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects.”
; and
in paragraph (7)—
in subparagraph (A), by striking “ $75,000,000” and inserting “ $100,000,000”; and
in subparagraph (B), by striking “ $250,000,000” and inserting “ $300,000,000”;
in subsection (d)—
in paragraph (1)(B) by striking “ , policies and land use patterns that promote public transportation,”; and
in paragraph (2)(A)—
in clause (iii) by adding “ and” after the semicolon;
by striking clause (iv); and
by redesignating clause (v) as clause (iv);
in subsection (g)(2)(A)(i) by striking “ the policies and land use patterns that support public transportation,”;
in subsection (h)(6)—
by striking “ In carrying out” and inserting the following:
“(A) In general.—In carrying out”
; and
by adding at the end the following:
“(B) Optional early rating.—At the request of the project sponsor, the Secretary shall evaluate and rate the project in accordance with paragraphs (4) and (5) and subparagraph (A) of this paragraph upon completion of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”
in subsection (i)—
in paragraph (1) by striking “ subsection (d) or (e)” and inserting “ subsection (d), (e), or (h)”;
in paragraph (2)—
in the matter preceding subparagraph (A) by inserting “ new fixed guideway capital project or core capacity improvement” after “ federally funded”;
by striking subparagraph (D) and inserting the following:
“(D) the program of interrelated projects, when evaluated as a whole—
“(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—
“(I) new fixed guideway capital projects;
“(II) core capacity improvement projects; or
“(III) small start projects; or
“(ii) meets the requirements of subsection (d)(2) if the program is comprised of any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects;”
; and
in subparagraph (F), by inserting “ or subsection (h)(5), as applicable” after “ subsection (f)”; and
by striking paragraph (3)(A) and inserting the following:
“(A) Project advancement.—A project receiving a grant under this section that is part of a program of interrelated projects may not advance—
“(i) in the case of a small start project, from the project development phase to the construction phase unless the Secretary 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
“(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.”
in subsection (l)—
by striking paragraph (1) and inserting the following:
“(1) In general.—
“(A) Estimation of net capital project cost.—Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost.
“(B) Grants.—
“(i) Grant for new fixed guideway capital project.—A grant for a new fixed guideway capital project shall not exceed 80 percent of the net capital project cost.
“(ii) Full funding grant agreement for new fixed guideway capital project.—A full funding grant agreement for a new fixed guideway capital project shall not include a share of more than 60 percent from the funds made available under this section.
“(iii) Grant for core capacity improvement project.—A grant for a core capacity improvement project shall not exceed 80 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor.
“(iv) Grant for small start project.—A grant for a small start project shall not exceed 80 percent of the net capital project costs.”
; and
by striking paragraph (4) and inserting the following:
“(4) Remaining costs.—The remainder of the net capital project costs shall be provided—
“(A) in cash from non-Government sources;
“(B) from revenues from the sale of advertising and concessions; or
“(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”
by striking subsection (n) and inserting the following:
“(n) Availability of Amounts.—
“(1) In general.—An amount made available or appropriated for a new fixed guideway capital project or core capacity improvement project shall remain available to that project for 4 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any amounts that are unobligated to the project at the end of the 4-fiscal-year period may be used by the Secretary for any purpose under this section.
“(2) Use of deobligated amounts.—An amount available under this section that is deobligated may be used for any purpose under this section.”
; and
by adding at the end the following:
“(p) Special Rule.—For the purposes of calculating the cost effectiveness of a project described in subsection (d) or (e), the Secretary shall not reduce or eliminate the capital costs of art and non-functional landscaping elements from the annualized capital cost calculation.
“(q) Joint Public Transportation and Intercity Passenger Rail Projects.—
“(1) In general.—The Secretary may make grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service.
“(2) Eligible costs.—Eligible costs for a project under this subsection shall be limited to the net capital costs of the public transportation costs attributable to the project based on projected use of the new segment or expanded capacity of the project corridor, not including project elements designed to achieve or maintain a state of good repair, as determined by the Secretary under paragraph (4).
“(3) Project justification and local financial commitment.—A project under this subsection shall be evaluated for project justification and local financial commitment under subsections (d), (e), (f), and (h), as applicable to the project, based on—
“(A) the net capital costs of the public transportation costs attributable to the project as determined under paragraph (4); and
“(B) the share of funds dedicated to the project from sources other than this section included in the unified finance plan for the project.
“(4) Calculation of net capital project cost.—The Secretary shall estimate the net capital costs of a project under this subsection based on—
“(A) engineering studies;
“(B) studies of economic feasibility;
“(C) the expected use of equipment or facilities; and
“(D) the public transportation costs attributable to the project.
“(5) Government share of net capital project cost.—
“(A) Government share.—The Government share shall not exceed 80 percent of the net capital cost attributable to the public transportation costs of a project under this subsection as determined under paragraph (4).
“(B) Non-government share.—The remainder of the net capital cost attributable to the public transportation costs of a project under this subsection shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”
Expedited Project Delivery for Capital Investment Grants Pilot Program.—
Definitions.— In this subsection, the following definitions shall apply:
Applicant.— The term “applicant” means a State or local governmental authority that applies for a grant under this subsection.
Capital project; fixed guideway; local governmental authority; public transportation; state; state of good repair.— The terms “capital project”, “fixed guideway”, “local governmental authority”, “public transportation”, “State”, and “state of good repair” have the meanings given those terms in section 5302 of title 49, United States Code.
Core capacity improvement project.— The term “core capacity improvement project”—
means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent; and
may include project elements designed to aid the existing fixed guideway system in making substantial progress towards achieving a state of good repair.
Corridor-based bus rapid transit project.— The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems—
including—
defined stations;
traffic signal priority for public transportation vehicles;
short headway bidirectional services for a substantial part of weekdays; and
any other features the Secretary may determine support a long-term corridor investment; and
the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.
Eligible project.— The term “eligible project” means a new fixed guideway capital project, a small start project, or a core capacity improvement project that has not entered into a full funding grant agreement with the Federal Transit Administration before the date of enactment of this Act.
Fixed guideway bus rapid transit project.— The term “fixed guideway bus rapid transit project” means a bus capital project—
in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
that represents a substantial investment in a single route in a defined corridor or subarea; and
that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
defined stations;
traffic signal priority for public transportation vehicles;
short headway bidirectional services for a substantial part of weekdays and weekend days; and
any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
New fixed guideway capital project.— The term “new fixed guideway capital project” means—
a fixed guideway capital project that is a minimum operable segment or extension to an existing fixed guideway system; or
a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.
Recipient.— The term “recipient” means a recipient of funding under chapter 53 of title 49, United States Code.
Small start project.— The term “small start project” means a new fixed guideway capital project, a fixed guideway bus rapid transit project, or a corridor-based bus rapid transit project for which—
the Federal assistance provided or to be provided under this subsection is less than $75,000,000; and
the total estimated net capital cost is less than $300,000,000.
General authority.— The Secretary may make grants under this subsection to States and local governmental authorities to assist in financing—
new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for projects in the advanced stages of planning and design; and
core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by not less than 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.
Grant requirements.—
In general.— The Secretary may make not more than 8 grants under this subsection for eligible projects if the Secretary determines that—
the eligible project is part of an approved transportation plan required under sections 5303 and 5304 of title 49, United States Code;
the applicant has, or will have—
the legal, financial, and technical capacity to carry out the eligible project, including the safety and security aspects of the eligible project;
satisfactory continuing control over the use of the equipment or facilities;
the technical and financial capacity to maintain new and existing equipment and facilities; and
advisors providing guidance to the applicant on the terms and structure of the project that are independent from investors in the project;
the eligible project is supported, or will be supported, in part, through a public-private partnership, provided such support is determined by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;
the eligible project is justified based on findings presented by the project sponsor to the Secretary, including—
mobility improvements attributable to the project;
environmental benefits associated with the project;
congestion relief associated with the project;
economic development effects derived as a result of the project; and
estimated ridership projections;
the eligible project is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources); and
the eligible project will be operated and maintained by employees of an existing provider of fixed guideway or bus rapid transit public transportation in the service area of the project, or if none exists, by employees of an existing public transportation provider in the service area.
Certification.— An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(c)(1) of title 49, United States Code, shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this paragraph.
Technical capacity.— The Secretary shall use an expedited technical capacity review process for applicants that have recently and successfully completed not less than 1 new fixed guideway capital project, small start project, or core capacity improvement project, if—
the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and
the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.
Financial commitment.—
Requirements.— In determining whether an eligible project is supported by an acceptable degree of local financial commitment and shows evidence of stable and dependable financing sources for purposes of subparagraph (A)(v), the Secretary shall require that—
each proposed source of capital and operating financing is stable, reliable, and available within the proposed eligible project timetable; and
resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary, without degradation to the existing level of public transportation services.
Considerations.— In assessing the stability, reliability, and availability of proposed sources of financing under clause (i), the Secretary shall consider—
the reliability of the forecasting methods used to estimate costs and revenues made by the applicant and the contractors to the applicant;
existing grant commitments;
the degree to which financing sources are dedicated to the proposed eligible project;
any debt obligation that exists or is proposed by the applicant, for the proposed eligible project or other public transportation purpose; and
private contributions to the eligible project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.
Labor standards.— The requirements under section 5333 of title 49, United States Code, shall apply to each recipient of a grant under this subsection.
Project advancement.— An applicant that desires a grant under this subsection and meets the requirements of paragraph (3) shall submit to the Secretary, and the Secretary shall approve for advancement, a grant request that contains—
identification of an eligible project;
a schedule and finance plan for the construction and operation of the eligible project;
an analysis of the efficiencies of the proposed eligible project development and delivery methods and innovative financing arrangement for the eligible project, including any documents related to the—
public-private partnership required under paragraph (3)(A)(iii); and
project justification required under paragraph (3)(A)(iv); and
a certification that the existing public transportation system of the applicant or, in the event that the applicant does not operate a public transportation system, the public transportation system to which the proposed project will be attached, is in a state of good repair.
Written notice from the secretary.—
In general.— Not later than 120 days after the date on which the Secretary receives a grant request of an applicant under paragraph (4), the Secretary shall provide written notice to the applicant—
of approval of the grant request; or
if the grant request does not meet the requirements under paragraph (4), of disapproval of the grant request, including a detailed explanation of the reasons for the disapproval.
Concurrent notice.— The Secretary shall provide concurrent notice of an approval or disapproval of a grant request under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Waiver.— The Secretary may grant a waiver to an applicant that does not comply with paragraph (4)(D) if—
the eligible project meets the definition of a core capacity improvement project; and
the Secretary certifies that the eligible project will allow the applicant to make substantial progress in achieving a state of good repair.
Selection criteria.— The Secretary may enter into a full funding grant agreement with an applicant under this subsection for an eligible project for which an application has been submitted and approved for advancement by the Secretary under paragraph (4), only if the applicant has completed the planning and activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Letters of intent and full funding grant agreements.—
Letters of intent.—
Amounts intended to be obligated.— The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for an eligible project under this subsection, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the eligible project. When a letter is issued for an eligible project under this subsection, the amount shall be sufficient to complete at least an operable segment.
Treatment.— The issuance of a letter under clause (i) is deemed not to be an obligation under section 1108(c), 1501, or 1502(a) of title 31, United States Code, or an administrative commitment.
Full funding grant agreements.—
In general.— Except as provided in clause (v), an eligible project shall be carried out under this subsection through a full funding grant agreement.
Criteria.— The Secretary shall enter into a full funding grant agreement, based on the requirements of this subparagraph, with each applicant receiving assistance for an eligible project that has received a written notice of approval under paragraph (5)(A)(i).
Terms.— A full funding grant agreement shall—
establish the terms of participation by the Federal Government in the eligible project;
establish the maximum amount of Federal financial assistance for the eligible project;
include the period of time for completing construction of the eligible project, consistent with the terms of the public-private partnership agreement, even if that period extends beyond the period of an authorization; and
make timely and efficient management of the eligible project easier according to the law of the United States.
Special financial rules.—
In general.— A full funding grant agreement under this subparagraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this subparagraph, to obligate an additional amount from future available budget authority specified in law.
Statement of contingent commitment.— A full funding grant agreement shall state that the contingent commitment is not an obligation of the Federal Government.
Interest and other financing costs.— Interest and other financing costs of efficiently carrying out a part of the eligible project within a reasonable time are a cost of carrying out the eligible project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
Completion of operable segment.— The amount stipulated in an agreement under this subparagraph for a new fixed guideway capital project, core capacity improvement project, or small start project shall be sufficient to complete at least an operable segment.
Exception.—
In general.— The Secretary, to the maximum extent practicable, shall provide Federal assistance under this subsection for a small start project in a single grant. If the Secretary cannot provide such a single grant, the Secretary may execute an expedited grant agreement in order to include a commitment on the part of the Secretary to provide funding for the project in future fiscal years.
Terms of expedited grant agreements.— In executing an expedited grant agreement under this clause, the Secretary may include in the agreement terms similar to those established under clause (iii).
Limitation on amounts.—
In general.— The Secretary may enter into full funding grant agreements under this paragraph for eligible projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.
Appropriation required.— An obligation may be made under this paragraph only when amounts are appropriated for obligation.
Notification to congress.—
In general.— Not later than 30 days before the date on which the Secretary issues a letter of intent or enters into a full funding grant agreement for an eligible project under this paragraph, the Secretary shall notify, in writing, the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter of intent or full funding grant agreement.
Contents.— The written notification under clause (i) shall include a copy of the proposed letter of intent or full funding grant agreement for the eligible project.
Government share of net capital project cost.—
In general.— A grant for an eligible project shall not exceed 25 percent of the net capital project cost.
Remainder of net capital project cost.— The remainder of the net capital project cost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
Limitation on statutory construction.— Nothing in this subsection shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 75 percent of the net capital project cost.
Special rule for rolling stock costs.— In addition to amounts allowed pursuant to subparagraph (A), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts provided by the Federal Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Federal Government is made at the same time.
Failure to carry out project.— If an applicant does not carry out an eligible project for reasons within the control of the applicant, the applicant shall repay all Federal funds awarded for the eligible project from all Federal funding sources, for all eligible project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law.
Crediting of funds received.— Any funds received by the Federal Government under this paragraph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.
Availability of amounts.—
In general.— An amount made available for an eligible project shall remain available to that eligible project for 4 fiscal years, including the fiscal year in which the amount is made available. Any amounts that are unobligated to the eligible project at the end of the 4-fiscal-year period may be used by the Secretary for any purpose under this subsection.
Use of deobligated amounts.— An amount available under this subsection that is deobligated may be used for any purpose under this subsection.
Annual report on expedited project delivery for capital investment grants.— Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that includes a proposed amount to be available to finance grants for anticipated projects under this subsection.
Before and after study and report.—
Study required.— Each recipient shall conduct a study that—
describes and analyzes the impacts of the eligible project on public transportation services and public transportation ridership;
describes and analyzes the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods or innovative financing for the eligible project; and
identifies reasons for any differences between predicted and actual outcomes for the eligible project.
Submission of report.— Not later than 2 years after an eligible project that is selected under this subsection begins revenue operations, the recipient shall submit to the Secretary a report on the results of the study conducted under subparagraph (A).
Rule of construction.— Nothing in this subsection shall be construed to—
require the privatization of the operation or maintenance of any project for which an applicant seeks funding under this subsection;
revise the determinations by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;
alter the requirements for locally developed, coordinated, and implemented transportation plans under sections 5303 and 5304 of title 49, United States Code; or
alter the eligibilities or priorities for assistance under this subsection or section 5309 of title 49, United States Code.
SEC. 3006. Enhanced Mobility of Seniors and Individuals with Disabilities.
in subsection (a), by striking paragraph (1) and inserting the following:
“(1) Recipient.—The term ‘recipient’ means—
“(A) a designated recipient or a State that receives a grant under this section directly; or
“(B) a State or local governmental entity that operates a public transportation service.”
; and
by adding at the end the following:
“(i) Best Practices.—The Secretary shall collect from, review, and disseminate to public transportation agencies—
“(1) innovative practices;
“(2) program models;
“(3) new service delivery options;
“(4) findings from activities under subsection (h); and
“(5) transit cooperative research program reports.”
Pilot Program for Innovative Coordinated Access and Mobility.—
Definitions.— In this subsection—
the term “eligible project” has the meaning given the term “capital project” in section 5302 of title 49, United States Code; and
the term “eligible recipient” means a recipient or subrecipient, as those terms are defined in section 5310 of title 49, United States Code.
General authority.— The Secretary may make grants under this subsection to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and nonemergency medical transportation services, including—
the deployment of coordination technology;
projects that create or increase access to community One-Call/One-Click Centers; and
such other projects as determined appropriate by the Secretary.
Application.— An eligible recipient shall submit to the Secretary an application that, at a minimum, contains—
a detailed description of the eligible project;
an identification of all eligible project partners and their specific role in the eligible project, including—
private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; or
nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged;
a description of how the eligible project would—
improve local coordination or access to coordinated transportation services;
reduce duplication of service, if applicable; and
provide innovative solutions in the State or community; and
specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes.
Report.— The Secretary shall make publicly available an annual report on the pilot program carried out under this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under the pilot program, and an evaluation of the program, including an evaluation of the performance measures described in paragraph (3)(D).
Government share of costs.—
In general.— The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.
Non-government share.— The non-Government share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions.
Rule of construction.— For purposes of this subsection, nonemergency medical transportation services shall be limited to services eligible under Federal programs other than programs authorized under chapter 53 of title 49, United States Code.
Coordinated Mobility.—
Definitions.— In this subsection, the following definitions apply:
Allocated cost model.— The term “allocated cost model” means a method of determining the cost of trips by allocating the cost to each trip purpose served by a transportation provider in a manner that is proportional to the level of transportation service that the transportation provider delivers for each trip purpose, to the extent permitted by applicable Federal laws.
Council.— The term “Council” means the Interagency Transportation Coordinating Council on Access and Mobility established under Executive Order No. 13330 (49 U.S.C. 101 note).
Strategic plan.— Not later than 1 year after the date of enactment of this Act, the Council shall publish a strategic plan for the Council that—
outlines the role and responsibilities of each Federal agency with respect to local transportation coordination, including nonemergency medical transportation;
identifies a strategy to strengthen interagency collaboration;
addresses any outstanding recommendations made by the Council in the 2005 Report to the President relating to the implementation of Executive Order No. 13330, including—
a cost-sharing policy endorsed by the Council; and
recommendations to increase participation by recipients of Federal grants in locally developed, coordinated planning processes;
to the extent feasible, addresses recommendations by the Comptroller General concerning local coordination of transportation services;
examines and proposes changes to Federal regulations that will eliminate Federal barriers to local transportation coordination, including non-emergency medical transportation; and
recommends to Congress changes to Federal laws, including chapter 7 of title 42, United States Code, that will eliminate Federal barriers to local transportation coordination, including nonemergency medical transportation.
Development of cost-sharing policy in compliance with applicable federal laws.— In establishing the cost-sharing policy required under paragraph (2), the Council may consider, to the extent practicable—
the development of recommended strategies for grantees of programs funded by members of the Council, including strategies for grantees of programs that fund nonemergency medical transportation, to use the cost-sharing policy in a manner that does not violate applicable Federal laws; and
incorporation of an allocated cost model to facilitate local coordination efforts that comply with applicable requirements of programs funded by members of the Council, such as—
eligibility requirements;
service delivery requirements; and
reimbursement requirements.
Report.— The Council shall, concurrently with submission to the President of a report containing final recommendations of the Council, transmit such report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
SEC. 3007. Formula Grants for Rural Areas.
in subsection (c)(1), by striking subparagraphs (A) and (B) and inserting the following:
“(A) $5,000,000 for each fiscal year shall be distributed on a competitive basis by the Secretary.
“(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).”
in subsection (g)(3)—
by redesignating subparagraphs (A) through (D) as subparagraphs (C) through (F), respectively;
by inserting before subparagraph (C) (as so redesignated) the following:
“(A) may be provided in cash from non-Government sources;
“(B) may be provided from revenues from the sale of advertising and concessions;”
in subparagraph (F) (as so redesignated) by inserting “ , including all operating and capital costs of such service whether or not offset by revenue from such service,” after “ the costs of a private operator for the unsubsidized segment of intercity bus service”; and
in subsection (j)(1)—
in subparagraph (A)(iii), by striking “ (as defined by the Bureau of the Census)” and inserting “ (American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census)”; and
by adding at the end the following:
“(E) Allocation between multiple indian tribes.—If more than 1 Indian tribe provides public transportation service on tribal lands in a single Tribal Statistical Area, and the Indian tribes do not determine how to allocate the funds apportioned under clause (iii) of subparagraph (A) between the Indian tribes, the Secretary shall allocate the funds so that each Indian tribe shall receive an amount equal to the total amount apportioned under such clause (iii) multiplied by the ratio of the number of annual unlinked passenger trips provided by each Indian tribe, as reported to the National Transit Database, to the total unlinked passenger trips provided by all Indian tribes in the Tribal Statistical Area.”
Conforming Amendments.— Section 5311 of such title is further amended—
in subsection (b) by striking “ 5338(a)(2)(E)” and inserting “ 5338(a)(2)(F)”;
in subsection (c)—
in paragraph (1), in the matter preceding subparagraph (A), by striking “ 5338(a)(2)(E)” and inserting “ 5338(a)(2)(F)”;
in paragraph (2)(C), by striking “ 5338(a)(2)(E)” and inserting “ 5338(a)(2)(F)”; and
in paragraph (3)(A), by striking “ 5338(a)(2)(E)” and inserting “ 5338(a)(2)(F)”.
SEC. 3008. Public Transportation Innovation.
by striking the section designation and heading and inserting the following:
“§ 5312. Public transportation innovation”
by redesignating subsections (a) through (f) as subsections (b) through (g), respectively;
by inserting before subsection (b) (as so redesignated) the following:
“(a) In General.—The Secretary shall provide assistance for projects and activities to advance innovative public transportation research and development in accordance with the requirements of this section.”
in subsection (e) (as so redesignated)—
in paragraph (3)—
in the matter preceding subparagraph (A), by inserting “ demonstration, deployment, or evaluation” before “ project that”;
in subparagraph (A), by striking “ and” at the end;
in subparagraph (B), by striking the period at the end and inserting “ ; or”; and
by adding at the end the following:
“(C) the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.”
; and
by striking paragraph (5) and inserting the following:
“(5) Prohibition.—The Secretary may not make grants under this subsection for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the Secretary determines that the project makes significant technological advancements in the vehicle.
“(6) Definitions.—In this subsection—
“(A) the term ‘direct carbon emissions’ means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;
“(B) the term ‘low or no emission vehicle’ means—
“(i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or
“(ii) a zero emission vehicle used to provide public transportation; and
“(C) the term ‘zero emission vehicle’ means a low or no emission vehicle that produces no carbon or particulate matter.”
by adding at the end the following:
“(h) Low or No Emission Vehicle Component Assessment.—
“(1) Definitions.—In this subsection—
“(A) the term ‘covered institution of higher education’ means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility selected under paragraph (2)(A);
“(B) the terms ‘direct carbon emissions’ and ‘low or no emission vehicle’ have the meanings given those terms in subsection (e)(6);
“(C) the term ‘institution of higher education’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and
“(D) the term ‘low or no emission vehicle component’ means an item that is separately installed in and removable from a low or no emission vehicle.
“(2) Assessing low or no emission vehicle components.—
“(A) In general.—The Secretary shall competitively select at least one facility to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles.
“(B) Operation and maintenance.—
“(i) In general.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, at least one institution of higher education to operate and maintain a facility selected under subparagraph (A).
“(ii) Requirements.—An institution of higher education described in clause (i) shall have—
“(I) capacity to carry out transportation-related advanced component and vehicle evaluation;
“(II) laboratories capable of testing and evaluation; and
“(III) direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle.
“(C) Fees.—A covered institution of higher education shall establish and collect fees, which shall be approved by the Secretary, for the assessment of low or no emission vehicle components at the applicable facility selected under subparagraph (A).
“(D) Availability of amounts to pay for assessment.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to an institution of higher education under which—
“(i) the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facility selected under subparagraph (A) from amounts made available to carry out this section; and
“(ii) the remaining 50 percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C).
“(E) Voluntary testing.—A manufacturer of a low or no emission vehicle component is not required to assess the low or no emission vehicle component at a facility selected under subparagraph (A).
“(F) Compliance with section 5318.—Notwithstanding whether a low or no emission vehicle component is assessed at a facility selected under subparagraph (A), each new bus model shall comply with the requirements under section 5318.
“(G) Separate facility.—A facility selected under subparagraph (A) shall be separate and distinct from the facility operated and maintained under section 5318.
“(3) Low or no emission vehicle component performance reports.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2015, and annually thereafter, the Secretary shall issue a report on low or no emission vehicle component assessments conducted at each facility selected under paragraph (2)(A), which shall include information related to the maintainability, reliability, performance, structural integrity, efficiency, and noise of those low or no emission vehicle components.
“(4) Public availability of assessments.—Each assessment conducted at a facility selected under paragraph (2)(A) shall be made publicly available, including to affected industries.
“(5) Rule of construction.—Nothing in this subsection shall be construed to require—
“(A) a low or no emission vehicle component to be tested at a facility selected under paragraph (2)(A); or
“(B) the development or disclosure of a privately funded component assessment.”
in subsection (f) (as so redesignated)—
by striking “ (f)” and all that follows before paragraph (1) and inserting the following:
“(g) Annual Report on Research.—Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes—”
; and
in paragraph (1) by adding “ and” at the end;
in paragraph (2) by striking “ ; and” and inserting a period; and
by striking paragraph (3); and
by adding at the end the following:
“(i) Transit Cooperative Research Program.—
“(1) In general.—The amounts made available under section 5338(a)(2)(G)(ii) are available for a public transportation cooperative research program.
“(2) Independent governing board.—
“(A) Establishment.—The Secretary shall establish an independent governing board for the program under this subsection.
“(B) Recommendations.—The board shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate.
“(3) Federal assistance.—The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary considers appropriate.
“(4) Government share of costs.—If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this subsection, the Secretary shall establish a Government share consistent with that benefit.
“(5) Limitation on applicability.—Subsections (f) and (g) shall not apply to activities carried out under this subsection.”
Conforming Amendments.— Section 5312 of such title (as amended by subsection (a) of this section) is further amended—
in subsection (c)(1) by striking “ subsection (a)(2)” and inserting “ subsection (b)(2)”;
in subsection (d)—
in paragraph (1) by striking “ subsection (a)(2)” and inserting “ subsection (b)(2)”; and
in paragraph (2)(A) by striking “ subsection (b)” and inserting “ subsection (c)”;
in subsection (e)(2) in each of subparagraphs (A) and (B) by striking “ subsection (a)(2)” and inserting “ subsection (b)(2)”; and
in subsection (f)(2) by striking “ subsection (d)(4)” and inserting “ subsection (e)(4)”.
Clerical Amendment.— The analysis for chapter 53 of such title is amended by striking the item relating to section 5312 and inserting the following:
“5312. Public transportation innovation.”.
SEC. 3009. Technical Assistance and Workforce Development.
In General.— Section 5314 of title 49, United States Code, is amended to read as follows:
Ҥ 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.
“(2) Technical assistance.—The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection. The Secretary may enter into such 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;
“(F) facilitate best practices to promote bus driver safety;
“(G) meet the requirements of sections 5323(j) and 5323(m);
“(H) assist with the development and deployment of low or no emission vehicles (as defined in section 5339(c)(1)) or low or no emission vehicle components (as defined in section 5312(h)(1)); and
“(I) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation.
“(3) Annual report on technical assistance.—Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the 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 employment for veterans, females, individuals with a disability, minorities (including American Indians or Alaska Natives, Asian, Black or African Americans, native Hawaiians or other Pacific Islanders, and Hispanics) in public transportation activities;
“(C) research on public transportation personnel and training needs;
“(D) training and assistance for veteran and minority business opportunities; and
“(E) consensus-based national training standards and certifications in partnership with industry stakeholders.
“(2) Innovative public transportation frontline workforce development program.—
“(A) In general.—The Secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under paragraph (1).
“(B) Eligible programs.—A program eligible for assistance under paragraph (1) shall—
“(i) develop apprenticeships, on-the-job training, and instructional training for public transportation maintenance and operations occupations;
“(ii) build local, regional, and statewide public transportation training partnerships with local public transportation operators, labor union organizations, workforce development boards, and State workforce agencies to identify and address workforce skill gaps;
“(iii) improve safety, security, and emergency preparedness in local public transportation systems through improved safety culture and workforce communication with first responders and the riding public; and
“(iv) address current or projected workforce shortages by developing partnerships with high schools, community colleges, and other community organizations.
“(C) Selection of recipients.—To the maximum extent feasible, the Secretary shall select recipients that—
“(i) are geographically diverse;
“(ii) address the workforce and human resources needs of large public transportation providers;
“(iii) address the workforce and human resources needs of small public transportation providers;
“(iv) address the workforce and human resources needs of urban public transportation providers;
“(v) address the workforce and human resources needs of rural public transportation providers;
“(vi) advance training related to maintenance of low or no emission vehicles and facilities used in public transportation;
“(vii) target areas with high rates of unemployment;
“(viii) advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations; and
“(ix) address in-demand industry sector or occupation, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(D) Program outcomes.—A recipient of assistance under this subsection shall demonstrate outcomes for any program that includes skills training, on-the-job training, and work-based learning, including—
“(i) the impact on reducing public transportation workforce shortages in the area served;
“(ii) the diversity of training participants;
“(iii) the number of participants obtaining certifications or credentials required for specific types of employment;
“(iv) employment outcomes, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary and the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and
“(v) to the extent practical, evidence that the program did not preclude workers who are participating in skills training, on-the-job training, and work-based learning from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in the program.
“(E) Report to congress.—The Secretary shall make publicly available a report on the Frontline Workforce Development Program for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of activities carried out under this paragraph, an evaluation of the program, and policy recommendations to improve program effectiveness.
“(3) Government’s share of costs.—The Government share of the cost of a project carried out using a grant under paragraph (1) or (2) shall be 50 percent.
“(4) Availability of amounts.—Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection.
“(c) National Transit Institute.—
“(1) Establishment.—The Secretary shall establish a national transit institute and award grants to a public 4-year degree-granting institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in order to carry out the duties of the institute.
“(2) Duties.—
“(A) In general.—In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and 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) Provision for education and training.—Education and training of Government, State, and local transportation employees under this subsection shall be provided—
“(A) by the Secretary at no cost to the States and local governments for subjects that are a Government 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.—
“(A) In general.—Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection.
“(B) Existing programs.—A recipient may use amounts made available under subparagraph (A) to carry out existing local education and training programs for public transportation employees supported by the Secretary, the Department of Labor, or the Department of Education.”
Clerical Amendment.— The analysis for chapter 53 of such title is amended by striking the item relating to section 5314 and inserting the following:
“5314. Technical assistance and workforce development.”.
SEC. 3010. Private Sector Participation.
In General.— Section 5315 of title 49, United States Code, is amended by adding at the end the following:
“(d) Rule of Construction.—Nothing in this section shall be construed to alter—
“(1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or
“(2) the requirements of section 5306(a).”
MAP–21 Technical Correction.— Section 20013(d) of MAP–21 (Public Law 112–141; 126 Stat. 694) is amended by striking “ 5307(c)” and inserting “ 5307(b)”.
SEC. 3011. General Provisions.
Section 5323 of title 49, United States Code, is amended—
in subsection (h)—
in paragraph (1), by striking “ or” at the end;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
“(2) pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team; or”
in subsection (j)—
in paragraph (2), by striking subparagraph (C) and inserting the following:
“(C) when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter—
“(i) the cost of components and subcomponents produced in the United States—
“(I) for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock;
“(II) for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and
“(III) for fiscal year 2020 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the rolling stock; and
“(ii) final assembly of the rolling stock has occurred in the United States; or”
by redesignating paragraphs (5) through (9) as paragraphs (7) through (11), respectively;
by inserting after paragraph (4) the following:
“(5) Rolling stock frames or car shells.—In carrying out paragraph (2)(C) in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than $300,000, if rolling stock frames or car shells are not produced in the United States, the Secretary shall include in the calculation of the domestic content of the rolling stock the cost of steel or iron that is produced in the United States and used in the rolling stock frames or car shells.
“(6) Certification of domestic supply and disclosure.—
“(A) Certification of domestic supply.—If the Secretary denies an application for a waiver under paragraph (2), the Secretary shall provide to the applicant a written certification that—
“(i) the steel, iron, or manufactured goods, as applicable, (referred to in this subparagraph as the ‘item’) is produced in the United States in a sufficient and reasonably available amount;
“(ii) the item produced in the United States is of a satisfactory quality; and
“(iii) includes a list of known manufacturers in the United States from which the item can be obtained.
“(B) Disclosure.—The Secretary shall disclose the waiver denial and the written certification to the public in an easily identifiable location on the website of the Department of Transportation.”
in paragraph (8), as so redesignated, by striking “ Federal Public Transportation Act of 2012” and inserting “ Federal Public Transportation Act of 2015”; and
by inserting after paragraph (11), as so redesignated, the following:
“(12) Steel and iron.—For purposes of this subsection, steel and iron meeting the requirements of section 661.5(b) of title 49, Code of Federal Regulations may be considered produced in the United States.
“(13) Definition of small purchase.—For purposes of determining whether a purchase qualifies for a general public interest waiver under paragraph (2)(A) of this subsection, including under any regulation promulgated under that paragraph, the term ‘small purchase’ means a purchase of not more than $150,000.”
in subsection (q)(1), by striking the second sentence; and
by adding at the end the following:
“(s) Value Capture Revenue Eligible for Local Share.—Notwithstanding any other provision of law, a recipient of assistance under this chapter may use the revenue generated from value capture financing mechanisms as local matching funds for capital projects and operating costs eligible under this chapter.
“(t) Special Condition on Charter Bus Transportation Service.—If, in a fiscal year, the Secretary is prohibited by law from enforcing regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with such part 604, and then was subsequently granted an exception from such part—
“(1) the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and
“(2) any amounts withheld pursuant to paragraph (1) shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.”
SEC. 3012. Project Management Oversight.
Section 5327 of title 49, United States Code, is amended—
in subsection (c) by striking “ section 5338(i)” and inserting section “ 5338(f)” ; and
in subsection (d)—
in paragraph (1)—
by striking “ section 5338(i)” and inserting section 5338(f); and
by striking “ and” at the end; and
by striking paragraph (2) and inserting the following:
“(2) a requirement that oversight—
“(A) begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight; and
“(B) be limited to quarterly reviews of compliance by the recipient with the project management plan approved under subsection (b) unless the Secretary finds that the recipient requires more frequent oversight because the recipient has failed to meet the requirements of such plan and the project may be at risk of going over budget or becoming behind schedule; and
“(3) a process for recipients that the Secretary has found require more frequent oversight to return to quarterly reviews for purposes of paragraph (2)(B).”
SEC. 3013. Public Transportation Safety Program.
Section 5329 of title 49, United States Code, is amended—
in subsection (b)(2)—
in subparagraph (C) by striking “ and” at the end;
by redesignating subparagraph (D) as subparagraph (E); and
by inserting after subparagraph (C) the following:
“(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 3020 of the Federal Public Transportation Act of 2015; and
“(V) any additional information that the Secretary determines necessary and appropriate; and”
in subsection (e)—
by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and
by inserting after paragraph (7) the following:
“(8) Federal safety management.—
“(A) In general.—If the Secretary determines that a State safety oversight program is not being carried out in accordance with this section, has become inadequate to ensure the enforcement of Federal safety regulation, or is incapable of providing adequate safety oversight consistent with the prevention of substantial risk of death, or personal injury, the Secretary shall administer the State safety oversight program until the eligible State develops a State safety oversight program certified by the Secretary in accordance with this subsection.
“(B) Temporary federal oversight.—In making a determination under subparagraph (A), the Secretary shall—
“(i) transmit to the eligible State and affected recipient or recipients, a written explanation of the determination or subsequent finding, including any intention to withhold funding under this section, the amount of funds proposed to be withheld, and if applicable, a formal notice of a withdrawal of State safety oversight program approval; and
“(ii) require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection.
“(C) Failure to correct.—If the Secretary determines in accordance with subparagraph (A), that a State safety oversight program or modification required pursuant to subparagraph (B)(ii), submitted by a State is not sufficient, the Secretary may—
“(i) withhold funds available under paragraph (6) in an amount determined by the Secretary;
“(ii) beginning 1 year after the date of the determination, withhold not more than 5 percent of the amount required to be appropriated for use in a State or an urbanized area in the State under section 5307, until the State safety oversight program or modification has been certified; and
“(iii) use any other authorities authorized under this chapter considered necessary and appropriate.
“(D) Administrative and oversight activities.—To carry out administrative and oversight activities authorized by this paragraph, the Secretary may use grant funds apportioned to an eligible State, under paragraph (6), to develop or carry out a State safety oversight program.”
in subsection (f)(2), by inserting “ or the public transportation industry generally” after “ recipients”;
in subsection (g)(1)—
in the matter preceding subparagraph (A) by striking “ an eligible State, as defined in subsection (e),” and inserting “ a recipient”;
in subparagraph (C) by striking “ and” at the end;
in subparagraph (D) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(E) withholding not more than 25 percent of financial assistance under section 5307.”
in subsection (g)(2)(A)—
by inserting after “ funds” the following: “ or withhold funds”; and
by inserting “ or (1)(E)” after “ paragraph (1)(D)”; and
by striking subsection (h) and inserting the following:
“(h) Restrictions and Prohibitions.—
“(1) Restrictions and prohibitions.—The Secretary shall issue restrictions and prohibitions by whatever means are determined necessary and appropriate, without regard to section 5334(c), if, through testing, inspection, investigation, audit, or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, exist such that there is a substantial risk of death or personal injury.
“(2) Notice.—The notice of restriction or prohibition shall describe the condition or practice, the subsequent risk and the standards and procedures required to address the restriction or prohibition.
“(3) Continued authority.—Nothing in this subsection shall be construed as limiting the Secretary’s authority to maintain a restriction or prohibition for as long as is necessary to ensure that the risk has been substantially addressed.”
SEC. 3014. Apportionments.
Section 5336 of title 49, United States Code, is amended—
in subsection (a) in the matter preceding paragraph (1) by striking “ subsection (h)(4)” and inserting “ subsection (h)(5)”;
in subsection (b)(2)(E) by striking “ 22.27 percent” and inserting “ 27 percent”; and
in subsection (h)—
by striking paragraph (1) and inserting the following:
“(1) $30,000,000 shall be set aside each fiscal year to carry out section 5307(h);”
; and
by striking paragraph (3) and inserting the following:
“(3) of amounts not apportioned under paragraphs (1) and (2)—
“(A) for fiscal years 2016 through 2018, 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); and
“(B) for fiscal years 2019 and 2020, 2 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);”
SEC. 3015. State of Good Repair Grants.
in subsection (c)(2)(B), by inserting “ the provisions of” before “ section 5336(b)(1)”;
in subsection (d)—
in paragraph (2) by inserting “ vehicle” after “ motorbus”; and
by adding at the end the following:
“(5) Use of funds.—Amounts apportioned under this subsection may be used for any project that is an eligible project under subsection (b)(1).”
; and
by adding at the end the following:
“(e) Government Share of Costs.—
“(1) Capital projects.—A grant for a capital project under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts.
“(2) Remaining costs.—The remainder of the net project cost shall be provided—
“(A) in cash from non-Government sources;
“(B) from revenues derived from the sale of advertising and concessions; or
“(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”
Conforming Amendments.— Section 5337 of such title is further amended—
in subsection (c)(1) by striking “ 5338(a)(2)(I)” and inserting “ 5338(a)(2)(K)”; and
in subsection (d)(2) by striking “ 5338(a)(2)(I)” and inserting “ 5338(a)(2)(K)”.
SEC. 3016. Authorizations.
Section 5338 of title 49, United States Code, is amended to read as follows:
“SEC. 5338. AUTHORIZATIONS.
“(a) Grants.—
“(1) In general.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012, and sections 3006(b) of the Federal Public Transportation Act of 2015—
“(A) $9,347,604,639 for fiscal year 2016;
“(B) $9,534,706,043 for fiscal year 2017;
“(C) $9,733,353,407 for fiscal year 2018;
“(D) $9,939,380,030 for fiscal year 2019; and
“(E) $10,150,348,462 for fiscal year 2020.
“(2) Allocation of funds.—Of the amounts made available under paragraph (1)—
“(A) $130,732,000 for fiscal year 2016, $133,398,933 for fiscal year 2017, $136,200,310 for fiscal year 2018, $139,087,757 for fiscal year 2019, and $142,036,417 for fiscal year 2020, shall be available to carry out section 5305;
“(B) $10,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012;
“(C) $4,538,905,700 for fiscal year 2016, $4,629,683,814 for fiscal year 2017, $4,726,907,174 for fiscal year 2018, $4,827,117,606 for fiscal year 2019, and $4,929,452,499 for fiscal year 2020 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;
“(D) $262,949,400 for fiscal year 2016, $268,208,388 for fiscal year 2017, $273,840,764 for fiscal year 2018, $279,646,188 for fiscal year 2019, and $285,574,688 for fiscal year 2020 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;
“(E) $2,000,000 for fiscal year 2016, $3,000,000 for fiscal year 2017, $3,250,000 for fiscal year 2018, $3,500,000 for fiscal year 2019 and $3,500,000 for fiscal year 2020 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of the Federal Public Transportation Act of 2015;
“(F) $619,956,000 for fiscal year 2016, $632,355,120 for fiscal year 2017, $645,634,578 for fiscal year 2018, $659,322,031 for fiscal year 2019, and $673,299,658 for fiscal year 2020 shall be available to provide financial assistance for rural areas under section 5311, of which not less than—
“(i) $35,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5311(c)(1); and
“(ii) $20,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5311(c)(2);
“(G) $28,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312, of which—
“(i) $3,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312(h); and
“(ii) $5,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312(i);
“(H) $9,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5314; of which $5,000,000 shall be available for the national transit institute under section 5314(c);
“(I) $3,000,000 for each of fiscal years 2016 through 2020 shall be available for bus testing under section 5318;
“(J) $4,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5335;
“(K) $2,507,000,000 for fiscal year 2016, $2,549,670,000 for fiscal year 2017, $2,593,703,558 for fiscal year 2018, $2,638,366,859 for fiscal year 2019, and $2,683,798,369 for fiscal year 2020 shall be available to carry out section 5337;
“(L) $427,800,000 for fiscal year 2016, $436,356,000 for fiscal year 2017, $445,519,476 for fiscal year 2018, $454,964,489 for fiscal year 2019, and $464,609,736 for fiscal year 2020 shall be available for the bus and buses facilities program under section 5339(a);
“(M) $268,000,000 for fiscal year 2016, $283,600,000 for fiscal year 2017, $301,514,000 for fiscal year 2018, $322,059,980 for fiscal year 2019, and $344,044,179 for fiscal year 2020 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or low emission grants under section 5339(c), of which $55,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5339(c); and
“(N) $536,261,539 for fiscal year 2016, $544,433,788 for fiscal year 2017, $552,783,547 for fiscal year 2018, $561,315,120 for fiscal year 2019 and $570,032,917 for fiscal year 2020, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—
“(i) $272,297,083 for fiscal year 2016, $279,129,510 for fiscal year 2017, $286,132,747 for fiscal year 2018, $293,311,066 for fiscal year 2019, $300,668,843 for fiscal year 2020 shall be for growing States under section 5340(c); and
“(ii) $263,964,457 for fiscal year 2016, $265,304,279 for fiscal year 2017, $266,650,800 for fiscal year 2018, $268,004,054 for fiscal year 2019, $269,364,074 for fiscal year 2020 shall be for high density States under section 5340(d).
“(b) Research, Development, Demonstration, and Deployment Program.—There are authorized to be appropriated to carry out section 5312, other than subsections (h) and (i) of that section, $20,000,000 for each of fiscal years 2016 through 2020.
“(c) Technical Assistance and Training.—There are authorized to be appropriated to carry out section 5314, $5,000,000 for each of fiscal years 2016 through 2020.
“(d) Capital Investment Grants.—There are authorized to be appropriated to carry out section 5309 of this title and section 3005(b) of the Federal Public Transportation Act of 2015, $2,301,785,760 for each of fiscal years 2016 through 2020.
“(e) Administration.—
“(1) In general.—There are authorized to be appropriated to carry out section 5334, $115,016,543 for each of fiscal years 2016 through 2020.
“(2) Section 5329.—Of the amounts authorized to be appropriated under paragraph (1), not less than $5,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5329.
“(3) Section 5326.—Of the amounts made available under paragraph (2), not less than $2,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5326.
“(f) Oversight.—
“(1) In general.—Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):
“(A) 0.5 percent of amounts made available to carry out section 5305.
“(B) 0.75 percent of amounts made available to carry out section 5307.
“(C) 1 percent of amounts made available to carry out section 5309.
“(D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).
“(E) 0.5 percent of amounts made available to carry out section 5310.
“(F) 0.5 percent of amounts made available to carry out section 5311.
“(G) 1 percent of amounts made available to carry out section 5337, of which not less than 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329.
“(H) 0.75 percent of amounts made available to carry out section 5339.
“(2) Activities.—The activities described in this paragraph are as follows:
“(A) Activities to oversee the construction of a major capital project.
“(B) Activities to review and audit the safety and 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 made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.
“(g) Grants as Contractual Obligations.—
“(1) Grants financed from highway trust fund.—A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a 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) Availability of Amounts.—Amounts made available by or appropriated under this section shall remain available until expended.”
SEC. 3017. Grants for Buses and Bus Facilities.
In General.— Section 5339 of title 49, United States Code, is amended to read as follows:
Ҥ 5339. Grants for buses and bus facilities
“(a) Formula Grants.—
“(1) Definitions.—In this subsection—
“(A) the term ‘low or no emission vehicle’ has the meaning given that term in subsection (c)(1);
“(B) the term ‘State’ means a State of the United States; and
“(C) the term ‘territory’ means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.
“(2) General authority.—The Secretary may make grants under this subsection to assist eligible recipients described in paragraph (4)(A) in financing capital projects—
“(A) to replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify low or no emission vehicles or facilities; and
“(B) to construct bus-related facilities.
“(3) Grant requirements.—The requirements of—
“(A) section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and
“(B) section 5311 shall apply to recipients of grants made in rural areas under this subsection.
“(4) Eligible recipients.—
“(A) Recipients.—Eligible recipients under this subsection are—
“(i) designated recipients that allocate funds to fixed route bus operators; or
“(ii) State or local governmental entities that operate fixed route bus service.
“(B) Subrecipients.—A recipient that receives a grant under this subsection may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation.
“(5) Distribution of grant funds.—Funds allocated under section 5338(a)(2)(L) shall be distributed as follows:
“(A) National distribution.—$90,500,000 for each of fiscal years 2016 through 2020 shall be allocated to all States and territories, with each State receiving $1,750,000 for each such fiscal year and each territory receiving $500,000 for each such fiscal year.
“(B) Distribution using population and service factors.—The remainder of the funds not otherwise distributed under subparagraph (A) shall be allocated pursuant to the formula set forth in section 5336 other than subsection (b).
“(6) Transfers of apportionments.—
“(A) Transfer flexibility for national distribution funds.—The Governor of a State may transfer any part of the State’s apportionment under paragraph (5)(A) to supplement amounts apportioned to the State under section 5311(c) or amounts apportioned to urbanized areas under subsections (a) and (c) of section 5336.
“(B) Transfer flexibility for population and service factors funds.—The Governor of a State may expend in an urbanized area with a population of less than 200,000 any amounts apportioned under paragraph (5)(B) that are not allocated to designated recipients in urbanized areas with a population of 200,000 or more.
“(7) Government share of costs.—
“(A) Capital projects.—A grant for a capital project under this subsection shall be for 80 percent of the net capital costs of the project. A recipient of a grant under this subsection may provide additional local matching amounts.
“(B) Remaining costs.—The remainder of the net project cost shall be provided—
“(i) in cash from non-Government sources other than revenues from providing public transportation services;
“(ii) from revenues derived from the sale of advertising and concessions;
“(iii) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;
“(iv) from amounts received under a service agreement with a State or local social service agency or private social service organization; or
“(v) from revenues generated from value capture financing mechanisms.
“(8) Period of availability to recipients.—Amounts made available under this subsection may be obligated by a recipient for 3 fiscal years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 3-fiscal-year period described in the preceding sentence, any amount that is not obligated on the last day of such period shall be added to the amount that may be apportioned under this subsection in the next fiscal year.
“(9) Pilot program for cost-effective capital investment.—
“(A) In general.—For each of fiscal years 2016 through 2020, the Secretary shall carry out a pilot program under which an eligible recipient (as described in paragraph (4)) in an urbanized area with population of not less than 200,000 and not more than 999,999 may elect to participate in a State pool in accordance with this paragraph.
“(B) Purpose of state pools.—The purpose of a State pool shall be to allow for transfers of formula grant funds made available under this subsection among the designated recipients participating in the State pool in a manner that supports the transit asset management plans of the designated recipients under section 5326.
“(C) Requests for participation.—A State, and eligible recipients in the State described in subparagraph (A), may submit to the Secretary a request for participation in the program under procedures to be established by the Secretary. An eligible recipient for a multistate area may participate in only 1 State pool.
“(D) Allocations to participating states.—For each fiscal year, the Secretary shall allocate to each State participating in the program the total amount of funds that otherwise would be allocated to the urbanized areas of the eligible recipients participating in the State’s pool for that fiscal year pursuant to the formulas referred to in paragraph (5).
“(E) Allocations to eligible recipients in state pools.—A State shall distribute the amount that is allocated to the State for a fiscal year under subparagraph (D) among the eligible recipients participating in the State’s pool in a manner that supports the transit asset management plans of the recipients under section 5326.
“(F) Allocation plans.—A State participating in the program shall develop an allocation plan for the period of fiscal years 2016 through 2020 to ensure that an eligible recipient participating in the State’s pool receives under the program an amount of funds that equals the amount of funds that would have otherwise been available to the eligible recipient for that period pursuant to the formulas referred to in paragraph (5).
“(G) Grants.—The Secretary shall make grants under this subsection for a fiscal year to an eligible recipient participating in a State pool following notification by the State of the allocation amount determined under subparagraph (E).
“(b) Buses and Bus Facilities Competitive Grants.—
“(1) In general.—The Secretary may make grants under this subsection to eligible recipients (as described in subsection (a)(4)) to assist in the financing of buses and bus facilities capital projects, including—
“(A) replacing, rehabilitating, purchasing, or leasing buses or related equipment; and
“(B) rehabilitating, purchasing, constructing, or leasing bus-related facilities.
“(2) Grant considerations.—In making grants under this subsection, the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities.
“(3) Statewide applications.—A State may submit a statewide application on behalf of a public agency or private nonprofit organization engaged in public transportation in rural areas or other areas for which the State allocates funds. The submission of a statewide application shall not preclude the submission and consideration of any application under this subsection from other eligible recipients (as described in subsection (a)(4)) in an urbanized area in a State.
“(4) Requirements for the secretary.—The Secretary shall—
“(A) disclose all metrics and evaluation procedures to be used in considering grant applications under this subsection upon issuance of the notice of funding availability in the Federal Register; and
“(B) publish a summary of final scores for selected projects, metrics, and other evaluations used in awarding grants under this subsection in the Federal Register.
“(5) Rural projects.—Not less than 10 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas.
“(6) Grant requirements.—
“(A) In general.—A grant under this subsection shall be subject to the requirements of—
“(i) section 5307 for eligible recipients of grants made in urbanized areas; and
“(ii) section 5311 for eligible recipients of grants made in rural areas.
“(B) Government share of costs.—The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.
“(7) Availability of funds.—Any amounts made available to carry out this subsection—
“(A) shall remain available for 3 fiscal years after the fiscal year for which the amount is made available; and
“(B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year.
“(8) Limitation.—Of the amounts made available under this subsection, not more than 10 percent may be awarded to a single grantee.
“(c) Low or No Emission Grants.—
“(1) Definitions.—In this subsection—
“(A) the term ‘direct carbon emissions’ means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;
“(B) the term ‘eligible project’ means a project or program of projects in an eligible area for—
“(i) acquiring low or no emission vehicles;
“(ii) leasing low or no emission vehicles;
“(iii) acquiring low or no emission vehicles with a leased power source;
“(iv) constructing facilities and related equipment for low or no emission vehicles;
“(v) leasing facilities and related equipment for low or no emission vehicles;
“(vi) constructing new public transportation facilities to accommodate low or no emission vehicles; or
“(vii) rehabilitating or improving existing public transportation facilities to accommodate low or no emission vehicles;
“(C) the term ‘leased power source’ means a removable power source, as defined in subsection (c)(3) of section 3019 of the Federal Public Transportation Act of 2015 that is made available through a capital lease under such section;
“(D) the term ‘low or no emission bus’ means a bus that is a low or no emission vehicle;
“(E) the term ‘low or no emission vehicle’ means—
“(i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or
“(ii) a zero emission vehicle used to provide public transportation;
“(F) the term ‘recipient’ means a designated recipient, a local governmental authority, or a State that receives a grant under this subsection for an eligible project; and
“(G) the term ‘zero emission vehicle’ means a low or no emission vehicle that produces no carbon or particulate matter.
“(2) General authority.—The Secretary may make grants to recipients to finance eligible projects under this subsection.
“(3) Grant requirements.—
“(A) In general.—A grant under this subsection shall be subject to the requirements of section 5307.
“(B) Government share of costs for certain projects.—Section 5323(i) applies to eligible projects carried out under this subsection, unless the recipient requests a lower grant percentage.
“(C) Combination of funding sources.—
“(i) Combination permitted.—An eligible project carried out under this subsection may receive funding under section 5307 or any other provision of law.
“(ii) Government share.—Nothing in this subparagraph shall be construed to alter the Government share required under paragraph (7), section 5307, or any other provision of law.
“(4) Competitive process.—The Secretary shall—
“(A) not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and
“(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
“(i) 75 days after the date on which the solicitation expires; or
“(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
“(5) Consideration.—In awarding grants under this subsection, the Secretary shall only consider eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that—
“(A) make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses; and
“(B) are part of a long-term integrated fleet management plan for the recipient.
“(6) Availability of funds.—Any amounts made available to carry out this subsection—
“(A) shall remain available to an eligible project for 3 fiscal years after the fiscal year for which the amount is made available; and
“(B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year.
“(7) Government share of costs.—
“(A) In general.—The Federal share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.
“(B) Non-federal share.—The non-Federal share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions.”
Technical and Conforming Amendment.— The analysis for chapter 53 of title 49, United States Code, is amended by striking the item relating to section 5339 and inserting the following:
“5339. Grants for buses and bus facilities.”.
SEC. 3018. Obligation Ceiling.
Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by subsection (a) of section 5338 of title 49, United States Code, and section 3028 of the Federal Public Transportation Act of 2015 shall not exceed—
$9,347,604,639 in fiscal year 2016;
$9,733,706,043 in fiscal year 2017;
$9,733,353,407 in fiscal year 2018;
$9,939,380,030 in fiscal year 2019; and
$10,150,348,462 in fiscal year 2020.
SEC. 3019. Innovative Procurement.
Definition.— In this section, the term “grantee” means a recipient or subrecipient of assistance under chapter 53 of title 49, United States Code.
Cooperative Procurement.—
Definitions; general rules.—
Definitions.— In this subsection—
the term “cooperative procurement contract” means a contract—
entered into between a State government or eligible nonprofit entity and 1 or more vendors; and
under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants;
the term “eligible nonprofit entity” means—
a nonprofit cooperative purchasing organization that is not a grantee; or
a consortium of entities described in subclause (I);
the terms “lead nonprofit entity” and “lead procurement agency” mean an eligible nonprofit entity or a State government, respectively, that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract;
the term “participant” means a grantee that participates in a cooperative procurement contract; and
the term “participate” means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under chapter 53 of title 49, United States Code.
General rules.—
Procurement not limited to intrastate participants.— A grantee may participate in a cooperative procurement contract without regard to whether the grantee is located in the same State as the parties to the contract.
Voluntary participation.— Participation by grantees in a cooperative procurement contract shall be voluntary.
Contract terms.— The lead procurement agency or lead nonprofit entity for a cooperative procurement contract shall develop the terms of the contract.
Duration.— A cooperative procurement contract—
subject to subclauses (II) and (III), may be for an initial term of not more than 2 years;
may include not more than 3 optional extensions for terms of not more than 1 year each; and
may be in effect for a total period of not more than 5 years, including each extension authorized under subclause (II).
Administrative expenses.— A lead procurement agency or lead nonprofit entity, as applicable, that enters into a cooperative procurement contract—
may charge the participants in the contract for the cost of administering, planning, and providing technical assistance for the contract in an amount that is not more than 1 percent of the total value of the contract; and
with respect to the cost described in subclause (I), may incorporate the cost into the price of the contract or directly charge the participants for the cost, but not both.
State cooperative procurement schedules.—
Authority.— A State government may enter into a cooperative procurement contract with 1 or more vendors if—
the vendors agree to provide an option to purchase rolling stock and related equipment to the State government and any other participant; and
the State government acts throughout the term of the contract as the lead procurement agency.
Applicability of policies and procedures.— In procuring rolling stock and related equipment under a cooperative procurement contract under this subsection, a State government shall comply with the policies and procedures that apply to procurement by the State government when using non-Federal funds, to the extent that the policies and procedures are in conformance with applicable Federal law.
Pilot program for nonprofit cooperative procurements.—
Establishment.— The Secretary shall establish and carry out a pilot program to demonstrate the effectiveness of cooperative procurement contracts administered by eligible nonprofit entities.
Designation.— In carrying out the program under this paragraph, the Secretary shall designate not less than 3 eligible nonprofit entities to enter into a cooperative procurement contract under which the eligible nonprofit entity acts throughout the term of the contract as the lead nonprofit entity.
Notice of intent to participate.— At a time determined appropriate by the lead nonprofit entity, each participant in a cooperative procurement contract under this paragraph shall submit to the lead nonprofit entity a nonbinding notice of intent to participate.
Joint procurement clearinghouse.—
In general.— The Secretary shall establish a clearinghouse for the purpose of allowing grantees to aggregate planned rolling stock purchases and identify joint procurement participants.
Nonprofit consultation.— In establishing the clearinghouse under subparagraph (A), the Secretary may consult with nonprofit entities with expertise in public transportation or procurement, and other stakeholders as the Secretary determines appropriate.
Information on procurements.— The clearinghouse may include information on bus size, engine type, floor type, and any other attributes necessary to identify joint procurement participants.
Limitations.—
Access.— The clearinghouse shall only be accessible to the Federal Transit Administration, a nonprofit entity coordinating for such clearinghouse with the Secretary, and grantees.
Participation.— No grantee shall be required to submit procurement information to the database.
Leasing Arrangements.—
Capital lease defined.—
In general.— In this subsection, the term “capital lease” means any agreement under which a grantee acquires the right to use rolling stock or related equipment for a specified period of time, in exchange for a periodic payment.
Maintenance.— A capital lease may require that the lessor provide maintenance of the rolling stock or related equipment covered by the lease.
Program to support innovative leasing arrangements.—
Authority.— A grantee may use assistance provided under chapter 53 of title 49, United States Code, to enter into a capital lease if—
the rolling stock or related equipment covered under the lease is eligible for capital assistance under such chapter; and
there is or will be no Federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect.
Grantee requirements.— A grantee that enters into a capital lease shall—
maintain an inventory of the rolling stock or related equipment acquired under the lease; and
maintain on the accounting records of the grantee the liability of the grantee under the lease.
Eligible lease costs.— The costs for which a grantee may use assistance under chapter 53 of title 49, United States Code, with respect to a capital lease, include—
the cost of the rolling stock or related equipment;
associated financing costs, including interest, legal fees, and financial advisor fees;
ancillary costs such as delivery and installation charges; and
maintenance costs.
Terms.— A grantee shall negotiate the terms of any lease agreement that the grantee enters into.
Applicability of procurement requirements.—
Lease requirements.— Part 639 of title 49, Code of Federal Regulations, or any successor regulation, and implementing guidance applicable to leasing shall not apply to a capital lease.
Buy america.— The requirements under section 5323(j) of title 49, United States Code, shall apply to a capital lease.
Capital leasing of certain zero emission vehicle components.—
Definitions.— In this paragraph—
the term “removable power source”—
means a power source that is separately installed in, and removable from, a zero emission vehicle; and
may include a battery, a fuel cell, an ultra-capacitor, or other advanced power source used in a zero emission vehicle; and
the term “zero emission vehicle” has the meaning given the term in section 5339(c) of title 49, United States Code.
Leased power sources.— Notwithstanding any other provision of law, for purposes of this subsection, the cost of a removable power source that is necessary for the operation of a zero emission vehicle shall not be treated as part of the cost of the vehicle if the removable power source is acquired using a capital lease.
Eligible capital lease.— A grantee may acquire a removable power source by itself through a capital lease.
Procurement regulations.— For purposes of this section, a removable power source shall be subject to section 200.88 of title 2, Code of Federal Regulations.
Reporting requirement.— Not later than 3 years after the date on which a grantee enters into a capital lease under this subsection, the grantee shall submit to the Secretary a report that contains—
an evaluation of the overall costs and benefits of leasing rolling stock; and
a comparison of the expected short-term and long-term maintenance costs of leasing versus buying rolling stock.
Report.— The Secretary shall make publicly available an annual report on this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under this subsection, and evaluation of the program including the evaluation of the data reported in paragraph (4).
Buy America.— The requirements of section 5323(j) of title 49, United States Code, shall apply to all procurements under this section.
SEC. 3020. Review of Public Transportation Safety Standards.
Review Required.—
In general.— Not later than 90 days after the date of enactment of this Act, the Secretary shall begin a review of the safety standards and protocols used in public transportation systems in the United States that examines the efficacy of existing standards and protocols.
Contents of review.— In conducting the review under this paragraph, the Secretary shall review—
minimum safety performance standards developed by the public transportation industry;
safety performance standards, practices, or protocols in use by rail fixed guideway public transportation systems, including—
written emergency plans and procedures for passenger evacuations;
training programs to ensure public transportation personnel compliance and readiness in emergency situations;
coordination plans approved by recipients with local emergency responders having jurisdiction over a rail fixed guideway public transportation system, including—
emergency preparedness training, drills, and familiarization programs for the first responders; and
the scheduling of regular field exercises to ensure appropriate response and effective radio and public safety communications;
maintenance, testing, and inspection programs to ensure the proper functioning of—
tunnel, station, and vehicle ventilation systems;
signal and train control systems, track, mechanical systems, and other infrastructure; and
other systems as necessary;
certification requirements for train and bus operators and control center employees;
consensus-based standards, practices, or protocols available to the public transportation industry; and
any other standards, practices, or protocols the Secretary determines appropriate; and
rail and bus safety standards, practices, or protocols in use by public transportation systems, regarding—
rail and bus design and the workstation of rail and bus operators, as it relates to—
the reduction of blindspots that contribute to accidents involving pedestrians; and
protecting rail and bus operators from the risk of assault;
scheduling fixed route rail and bus service with adequate time and access for operators to use restroom facilities;
fatigue management; and
crash avoidance and worthiness.
Evaluation.— After conducting the review under subsection (a), the Secretary shall, in consultation with representatives of the public transportation industry, evaluate the need to establish additional Federal minimum public transportation safety standards.
Report.— After completing the review and evaluation required under subsections (a) and (b), and not later than 1 year after the date of enactment of this Act, the Secretary shall make available on a publicly accessible Web site, a report that includes—
findings based on the review conducted under subsection (a);
the outcome of the evaluation conducted under subsection (b);
a comprehensive set of recommendations to improve the safety of the public transportation industry, including recommendations for statutory changes if applicable; and
actions that the Secretary will take to address the recommendations provided under paragraph (3), including, if necessary, the authorities under section 5329(b)(2)(D) of title 49, United States Code.
SEC. 3021. Study on Evidentiary Protection for Public Transportation Safety Program Information.
Study.— The Secretary shall enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine, to conduct a study to evaluate whether it is in the public interest, including public safety and the legal rights of persons injured in public transportation accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding any plan, report, data, or other information or portion thereof, submitted to, developed, produced, collected, or obtained by the Secretary or the Secretary’s representative for purposes of complying with the requirements under section 5329 of title 49, United States Code, including information related to a recipient’s safety plan, safety risks, and mitigation measures.
Coordination.— In conducting the study under subsection (a), the Transportation Research Board shall coordinate with the legal research entities of the National Academies of Sciences, Engineering, and Medicine, including the Committee on Law and Justice and the Committee on Science, Technology, and Law, and include members of those committees on the research committee established for the purposes of this section.
Input.— In conducting the study under subsection (a), the relevant entities of the National Academies of Sciences, Engineering, and Medicine shall solicit input from the public transportation recipients, public transportation nonprofit employee labor organizations, and impacted members of the general public.
Report.— Not later than 18 months after the date of enactment of this Act, the National Academies of Sciences, Engineering, and Medicine shall issue a report, with the findings of the study under subsection (a), including any recommendations on statutory changes regarding evidentiary protections that will increase public transportation safety.
SEC. 3022. Improved Public Transportation Safety Measures.
Requirements.— Not later than 90 days after publication of the report required in section 3020, the Secretary shall issue a notice of proposed rulemaking on protecting public transportation operators from the risk of assault.
Consideration.— In the proposed rulemaking, the Secretary shall consider—
different safety needs of drivers of different modes;
differences in operating environments;
the use of technology to mitigate driver assault risks;
existing experience, from both agencies and operators that already are using or testing driver assault mitigation infrastructure; and
the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.
Savings Clause.— Nothing in this section may be construed as prohibiting the Secretary from issuing different comprehensive worker protections, including standards for mitigating assaults.
SEC. 3023. Paratransit System under Fta Approved Coordinated Plan.
Notwithstanding the provisions of section 37.131(c) of title 49, Code of Federal Regulations, any paratransit system currently coordinating complementary paratransit service for more than 40 fixed route agencies shall be permitted to continue using an existing tiered, distance-based coordinated paratransit fare system, if the fare for the existing tiered, distance-based coordinated paratransit fare system is not increased by a greater percentage than any increase to the fixed route fare for the largest transit agency in the complementary paratransit service area.
SEC. 3024. Report on Potential of Internet of Things.
Report.— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on the potential of the Internet of Things to improve transportation services in rural, suburban, and urban areas.
Contents.— The report required under subsection (a) shall include—
a survey of the communities, cities, and States that are using innovative transportation systems to meet the needs of ageing populations;
best practices to protect privacy and security, as determined as a result of such survey; and
recommendations with respect to the potential of the Internet of Things to assist local, State, and Federal planners to develop more efficient and accurate projections of the transportation needs of rural, suburban, and urban communities.
SEC. 3025. Report on Parking Safety.
Study.— The Secretary shall conduct a study on the safety of certain transportation facilities and locations, focusing on any property damage, injuries, deaths, and other incidents that occur or originate at locations intended to encourage public use of alternative transportation, including—
carpool lots;
mass transit lots;
local, State, or regional rail stations;
rest stops;
college or university lots;
bike paths or walking trails; and
any other locations that the Secretary considers appropriate.
Report.— Not later than 8 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the study.
Recommendations.— The Secretary shall include in the report recommendations to Congress on the best ways to use innovative technologies to increase safety and ensure a better response by transit security and local, State, and Federal law enforcement to address threats to public safety.
SEC. 3026. Appointment of Directors of Washington Metropolitan Area Transit Authority.
Definitions.— In this section, the following definitions apply:
Compact.— The term “Compact” means the Washington Metropolitan Area Transit Authority Compact (Public Law 89–774; 80 Stat. 1324).
Federal director.— The term “Federal Director” means—
a voting member of the Board of Directors of the Transit Authority who represents the Federal Government; and
a nonvoting member of the Board of Directors of the Transit Authority who serves as an alternate for a member described in subparagraph (A).
Transit authority.— The term “Transit Authority” means the Washington Metropolitan Area Transit Authority established under Article III of the Compact.
Appointment by Secretary of Transportation.—
In general.— For any appointment made on or after the date of enactment of this Act, the Secretary of Transportation shall have sole authority to appoint Federal Directors to the Board of Directors of the Transit Authority.
Amendment to compact.— The signatory parties to the Compact shall amend the Compact as necessary in accordance with paragraph (1).
SEC. 3027. Effectiveness of Public Transportation Changes and Funding.
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall examine and evaluate the impact of the changes that MAP–21 had on public transportation, including—
the ability and effectiveness of public transportation agencies to provide public transportation to low-income workers in accessing jobs and being able to use reverse commute services;
whether services to low-income riders declined after MAP–21 was implemented; and
if guidance provided by the Federal Transit Administration encouraged public transportation agencies to maintain and support services to low-income riders to allow them to access jobs, medical services, and other life necessities.
SEC. 3028. Authorization of Grants for Positive Train Control.
In General.— There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out this section $199,000,000 for fiscal year 2017 to assist in financing the installation of positive train control systems required under section 20157 of title 49, United States Code.
Uses.— The amounts made available under subsection (a) of this section shall be awarded by the Secretary on a competitive basis, and grant funds awarded under this section shall not exceed 80 percent of the total cost of a project.
Credit Assistance.— At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay the subsidy and administrative costs necessary to provide the entity Federal credit assistance under sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), with respect to the project for which the grant was awarded.
Eligible Recipients.— The amounts made available under subsection (a) of this section may be used only to assist a recipient of funds under chapter 53 of title 49, United States Code.
Project Management Oversight.— The Secretary may withhold up to 1 percent from the amounts made available under subsection (a) of this section for the costs of project management oversight of grants authorized under that subsection.
Savings Clause.— Nothing in this section may be construed as authorizing the amounts appropriated under subsection (a) to be used for any purpose other than financing the installation of positive train control systems.
Grants Financed From Highway Trust Fund.— A grant that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund under this section is a contractual obligation of the Government to pay the Government share of the cost of the project.
Availability of Amounts.— Notwithstanding subsection (j), amounts made available under this section shall remain available until expended.
Obligation Limitation.— Funds made available under this section shall be subject to obligation limit of section 3018 of the Federal Public Transportation Act of 2015.
Sunset.— The Secretary of Transportation shall provide the grants, direct loans, and loan guarantees under subsections (b) and (c) by September 30, 2018.
SEC. 3029. Amendment to Title 5.
In General.— Section 5313 of title 5, United States Code, is amended by adding at the end the following: “Federal Transit Administrator.”.
Conforming Amendment.— Section 5314 of title 5, United States Code, is amended by striking “ Federal Transit Administrator.”.
Effective Date.— The amendments made by this section shall take effect on the first day of the first pay period beginning on or after the first day of the first fiscal year beginning after the date of enactment of this Act.
SEC. 3030. Technical and Conforming Changes.
Repeal Section 5313.— Section 5313 of title 49, United States Code, and the item relating to that section in the analysis for chapter 53 of such title, are repealed.
Repeal of Section 5319.— Section 5319 of title 49, United States Code, and the item relating to that section in the analysis for chapter 53 of such title, are repealed.
Repeal of Section 5322.— Section 5322 of title 49, United States Code, and the item relating to that section in the analysis for chapter 53 of such title, are repealed.
in subsection (e)(2), by striking “ at least two”; and
in subsection (h), by striking “ Federal Public Transportation Act of 2012” and inserting “ Federal Public Transportation Act of 2015”.
by striking subsection (b); and
by inserting the following:
“(b) Allocation.—The Secretary shall apportion the amounts made available under section 5338(b)(2)(N) in accordance with subsection (c) and subsection (d).”
Chapter 105 of Title 49, United States Code.— Section 10501(c) of title 49, United States Code, is amended—
in paragraph (1)—
in subparagraph (A)(i), by striking “ section 5302(a)” and inserting “ section 5302”; and
in subparagraph (B)—
by striking “ mass transportation” and inserting “ public transportation”; and
by striking “ section 5302(a)” and inserting “ section 5302”; and
in paragraph (2)(A), by striking “ mass transportation” and inserting “ public transportation”.
TITLE IV Highway Traffic Safety
SEC. 4001. Authorization of Appropriations.
In General.— The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
Highway safety programs.— For carrying out section 402 of title 23, United States Code—
$243,500,000 for fiscal year 2016;
$252,300,000 for fiscal year 2017;
$261,200,000 for fiscal year 2018;
$270,400,000 for fiscal year 2019; and
$279,800,000 for fiscal year 2020.
Highway safety research and development.— For carrying out section 403 of title 23, United States Code—
$137,800,000 for fiscal year 2016;
$140,700,000 for fiscal year 2017;
$143,700,000 for fiscal year 2018;
$146,700,000 for fiscal year 2019; and
$149,800,000 for fiscal year 2020.
National priority safety programs.— For carrying out section 405 of title 23, United States Code—
$274,700,000 for fiscal year 2016;
$277,500,000 for fiscal year 2017;
$280,200,000 for fiscal year 2018;
$283,000,000 for fiscal year 2019; and
$285,900,000 for fiscal year 2020.
National driver register.— For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code—
$5,100,000 for fiscal year 2016;
$5,200,000 for fiscal year 2017;
$5,300,000 for fiscal year 2018;
$5,400,000 for fiscal year 2019; and
$5,500,000 for fiscal year 2020.
High-visibility enforcement program.— For carrying out section 404 of title 23, United States Code—
$29,300,000 for fiscal year 2016;
$29,500,000 for fiscal year 2017;
$29,900,000 for fiscal year 2018;
$30,200,000 for fiscal year 2019; and
$30,500,000 for fiscal year 2020.
Administrative expenses.— For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this title—
$25,832,000 for fiscal year 2016;
$26,072,000 for fiscal year 2017;
$26,329,000 for fiscal year 2018;
$26,608,000 for fiscal year 2019; and
$26,817,000 for fiscal year 2020.
Prohibition on Other Uses.— Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapters—
shall only be used to carry out such program; and
may not be used by States or local governments for construction purposes.
Applicability of Title 23.— Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, amounts made available under subsection (a) for fiscal years 2016 through 2020 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.
Regulatory Authority.— Grants awarded under this title shall be carried out in accordance with regulations issued by the Secretary.
State Matching Requirements.— If a grant awarded under chapter 4 of title 23, United States Code, requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during a fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any other project carried out under chapter 4 of title 23, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project.
Grant Application and Deadline.— To receive a grant under chapter 4 of title 23, United States Code, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.
SEC. 4002. Highway Safety Programs.
Section 402 of title 23, United States Code, is amended—
in subsection (a)(2)(A)—
in clause (vi) by striking “ and” at the end;
in clause (vii) by inserting “ and” after the semicolon; and
by adding at the end the following:
“(viii) to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;”
in subsection (c)(4), by adding at the end the following:
“(C) Survey.—A State in which an automated traffic enforcement system is installed shall expend funds apportioned to that State under this section to conduct a biennial survey that the Secretary shall make publicly available through the Internet Web site of the Department of Transportation that includes—
“(i) a list of automated traffic enforcement systems in the State;
“(ii) adequate data to measure the transparency, accountability, and safety attributes of each automated traffic enforcement system; and
“(iii) a comparison of each automated traffic enforcement system with—
“(I) Speed Enforcement Camera Systems Operational Guidelines (DOT HS 810 916, March 2008); and
“(II) Red Light Camera Systems Operational Guidelines (FHWA–SA–05–002, January 2005).”
by striking subsection (g) and inserting the following:
“(g) Restriction.—Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines).”
in subsection (k)—
by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
by inserting after paragraph (2) the following:
“(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.”
; and
in paragraph (6)(A), as so redesignated, by striking “ 60 days” and inserting “ 45 days”; and
in subsection (m)(2)(B)—
in clause (vii) by striking “ and” at the end;
in clause (viii) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(ix) increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; and
“(x) support for school-based driver’s education classes to improve teen knowledge about—
“(I) safe driving practices; and
“(II) State graduated driving license requirements, including behind-the-wheel training required to meet those requirements.”
SEC. 4003. Highway Safety Research and Development.
Section 403 of title 23, United States Code, is amended—
in subsection (h)—
in paragraph (1) by striking “ may” and inserting “ shall”;
by striking paragraph (2) and inserting the following:
“(2) Funding.—The Secretary shall obligate from funds made available to carry out this section for the period covering fiscal years 2017 through 2020 not more than $21,248,000 to conduct the research described in paragraph (1).”
in paragraph (3) by striking “ If the Administrator utilizes the authority under paragraph (1), the” and inserting “ The”; and
in paragraph (4) by striking “ If the Administrator conducts the research authorized under paragraph (1), the” and inserting “ The”; and
by adding at the end the following:
“(i) Limitation on Drug and Alcohol Survey Data.—The Secretary shall establish procedures and guidelines to ensure that any person participating in a program or activity that collects data on drug or alcohol use by drivers of motor vehicles and is carried out under this section is informed that the program or activity is voluntary.
“(j) Federal Share.—The Federal share of the cost of any project or activity carried out under this section may be not more than 100 percent.”
SEC. 4004. High-Visibility Enforcement Program.
In General.— Section 404 of title 23, United States Code, is amended to read as follows:
Ҥ 404. High-visibility enforcement program
“(a) In General.—The Secretary shall establish and administer a program under which not less than 3 campaigns will be carried out in each of fiscal years 2016 through 2020.
“(b) Purpose.—The purpose of each campaign carried out under this section shall be to achieve outcomes related to not less than 1 of the following objectives:
“(1) Reduce alcohol-impaired or drug-impaired operation of motor vehicles.
“(2) Increase use of seatbelts by occupants of motor vehicles.
“(c) Advertising.—The Secretary may use, or authorize the use of, funds available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach in carrying out campaigns under this section. In allocating such funds, consideration shall be given to advertising directed at non-English speaking populations, including those who listen to, read, or watch nontraditional media.
“(d) Coordination With States.—The Secretary shall coordinate with States in carrying out the campaigns under this section, including advertising funded under subsection (c), with consideration given to—
“(1) relying on States to provide law enforcement resources for the campaigns out of funding made available under sections 402 and 405; and
“(2) providing, out of National Highway Traffic Safety Administration resources, most of the means necessary for national advertising and education efforts associated with the campaigns.
“(e) Use of Funds.—Funds made available to carry out this section may be used only for activities described in subsection (c).
“(f) Definitions.—In this section, the following definitions apply:
“(1) Campaign.—The term ‘campaign’ means a high-visibility traffic safety law enforcement campaign.
“(2) State.—The term ‘State’ has the meaning given that term in section 401.”
Clerical Amendment.— The analysis for chapter 4 of title 23, United States Code, is amended by striking the item relating to section 404 and inserting the following:
“404. High-visibility enforcement program.”.
SEC. 4005. National Priority Safety Programs.
General Authority.— Section 405(a) of title 23, United States Code, is amended to read as follows:
“(a) General Authority.—Subject to the requirements of this section, the Secretary shall manage programs to address national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the following:
“(1) Occupant protection.—In each fiscal year, 13 percent of the funds provided under this section shall be allocated among States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles (as described in subsection (b)).
“(2) State traffic safety information system 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 shall reallocate, before the last day of any fiscal year, any amounts remaining available to carry out any of the activities described in subsections (b) through (h) to increase the amount made available under section 402, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.
“(9) Maintenance of effort.—
“(A) Certification.—As part of the grant application required in section 402(k)(3)(F), a State receiving a grant in any fiscal year under subsection (b), (c), or (d) of this section shall provide certification that the lead State agency responsible for programs described in any of those subsections is maintaining aggregate expenditures at or above the average level of such expenditures in the 2 fiscal years prior to the date of enactment of the FAST Act.
“(B) Waiver.—Upon the request of a State, the 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.
“(10) Political subdivisions.—A State may provide the funds awarded under this section to a political subdivision of the State or an Indian tribal government.”
High Seatbelt Use Rate.— Section 405(b)(4)(B) of title 23, United States Code, is amended by striking “ 75 percent” and inserting “ 100 percent”.
by striking paragraph (4) and inserting the following:
“(4) Use of grant amounts.—
“(A) Required programs.—High-range States shall use grant funds for—
“(i) high-visibility enforcement efforts; and
“(ii) any of the activities described in subparagraph (B) if—
“(I) the activity is described in the statewide plan; and
“(II) the Secretary approves the use of funding for such activity.
“(B) Authorized programs.—Medium-range and low-range States may use grant funds for—
“(i) any of the purposes described in subparagraph (A);
“(ii) hiring a full-time or part-time impaired driving coordinator of the State’s activities to address the enforcement and adjudication of laws regarding 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;
“(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-range and high-range States may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the Secretary.”
in paragraph (6)—
by amending the paragraph heading to read as follows: “ Additional grants.—”;
in subparagraph (A) by amending the subparagraph heading to read as follows: “ Grants to states with alcohol-ignition interlock laws.—”;
by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively;
by inserting after subparagraph (A), the following:
“(B) Grants to states with 24-7 sobriety programs.—The Secretary shall make a separate grant under this subsection to each State that—
“(i) adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges; and
“(ii) provides a 24-7 sobriety program.”
in subparagraph (C), as redesignated, by inserting “ and subparagraph (B)” after “ subparagraph (A)”;
in subparagraph (D), as redesignated, by inserting “ and subparagraph (B)” after “ subparagraph (A)”;
by amending subparagraph (E), as redesignated, to read as follows:
“(E) Funding.—
“(i) Funding for grants to states with alcohol-ignition interlock laws.—Not more than 12 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (A).
“(ii) Funding for grants to states with 24-7 sobriety programs.—Not more than 3 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (B).”
; and
by adding at the end the following:
“(F) Exceptions.—A State alcohol-ignition interlock law under subparagraph (A) may include exceptions for the following circumstances:
“(i) The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.
“(ii) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.
“(iii) A State-certified ignition interlock provider is not available within 100 miles of the individual’s residence.”
; and
in paragraph (7)—
in subparagraph (A)—
in the matter preceding clause (i)—
by striking “ or a State agency” and inserting “ or an agency with jurisdiction”; and
by inserting “ bond,” before “ sentence”;
in clause (i) by striking “ who plead guilty or” and inserting “ who was arrested for, plead guilty to, or”; and
in clause (ii)(I) by inserting “ at a testing location” after “ per day”; and
in subparagraph (D) by striking the second period at the end.
Distracted Driving Grants.— Section 405(e) of title 23, United States Code, is amended to read as follows:
“(e) Distracted Driving Grants.—
“(1) In general.—The Secretary shall award a grant under this subsection to any State that includes distracted driving awareness as part of the State’s driver’s license examination, and enacts and enforces a law that meets the requirements set forth in paragraphs (2) and (3).
“(2) Prohibition on texting while driving.—A State law meets the requirements set forth in this paragraph if the law—
“(A) prohibits a driver from texting through a personal wireless communications device while driving;
“(B) makes violation of the law a primary offense;
“(C) establishes a minimum fine for a violation of the law; and
“(D) does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.
“(3) Prohibition on youth cell phone use while driving or stopped in traffic.—A State law meets the requirements set forth in this paragraph if the law—
“(A) prohibits a driver from using a personal wireless communications device while driving if the driver is—
“(i) younger than 18 years of age; or
“(ii) in the learner’s permit or intermediate license stage set forth in subsection (g)(2)(B);
“(B) makes violation of the law a primary offense;
“(C) establishes a minimum fine for a violation of the law; and
“(D) does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.
“(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) Additional distracted driving grants.—
“(A) In general.—Notwithstanding paragraph (1), for each of fiscal years 2017 and 2018, the Secretary shall use up to 25 percent of the amounts available for grants under this subsection to award grants to any State that—
“(i) in fiscal year 2017—
“(I) certifies that it has enacted a basic text messaging statute that—
“(aa) is applicable to drivers of all ages; and
“(bb) makes violation of the basic text messaging statute a primary offense or secondary enforcement action as allowed by State statute; and
“(II) is otherwise ineligible for a grant under this subsection; and
“(ii) in fiscal year 2018—
“(I) certifies that it has enacted a basic text messaging statute that—
“(aa) is applicable to drivers of all ages; and
“(bb) makes violation of the basic text messaging statute a primary offense;
“(II) imposes fines for violations;
“(III) has a statute that prohibits drivers who are younger than 18 years of age from using a personal wireless communications device while driving; and
“(IV) is otherwise ineligible for a grant under this subsection.
“(B) Use of grant funds.—
“(i) In general.—Notwithstanding paragraph (5) and subject to clauses (ii) and (iii) of this subparagraph, amounts received by a State under subparagraph (A) may be used for activities related to the enforcement of distracted driving laws, including for public information and awareness purposes.
“(ii) Fiscal year 2017.—In fiscal year 2017, up to 15 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402.
“(iii) Fiscal year 2018.—In fiscal year 2018, up to 25 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402.
“(7) Allocation to support state distracted driving laws.—Of the amounts available under this subsection in a fiscal year for distracted driving grants, the Secretary may expend not more than $5,000,000 for the development and placement of broadcast media to reduce distracted driving of motor vehicles.
“(8) Grant amount.—The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.
“(9) Definitions.—In this subsection, the following definitions apply:
“(A) Driving.—The term ‘driving’—
“(i) means operating a motor vehicle on a public road; and
“(ii) does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.
“(B) Personal wireless communications device.—The term ‘personal wireless communications device’—
“(i) means a device through which personal 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.”
by striking paragraph (2) and inserting the following:
“(2) Grant amount.—The allocation of grant funds to a State under this subsection for a fiscal year shall be in 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.”
in paragraph (4) by adding at the end the following:
“(C) Flexibility.—Not more than 50 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402 if the State is in the lowest 25 percent of all States for motorcycle deaths per 10,000 motorcycle registrations based on the most recent data that conforms with criteria established by the Secretary.”
; and
by adding at the end the following:
“(6) Share-the-road model language.—Not later than 1 year after the date of enactment of this paragraph, the Secretary shall update and provide to the States model 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.”
Minimum Requirements for State Graduated Driver Licensing Incentive Grant Program.— Section 405(g) of title 23, United States Code, is amended—
in paragraph (2)—
in subparagraph (A) by striking “ 21” and inserting “ 18”; and
by amending subparagraph (B) to read as follows:
“(B) Licensing process.—A State is in compliance with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws include—
“(i) a learner’s permit stage that—
“(I) is at least 6 months in duration;
“(II) contains a prohibition on the driver using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under paragraph (4) of that subsection, and makes a violation of the prohibition a primary offense;
“(III) requires applicants to successfully pass a vision and knowledge assessment prior to receiving a learner’s permit;
“(IV) requires that the driver be accompanied and supervised at all times while the driver is operating a motor vehicle by a licensed driver who is at least 21 years of age or is a State-certified driving instructor;
“(V) has a requirement that the driver—
“(aa) complete a State-certified driver education or training course; or
“(bb) obtain at least 50 hours of behind-the-wheel training, with at least 10 hours at night, with a licensed driver; and
“(VI) remains in effect until the driver—
“(aa) reaches 16 years of age and enters the intermediate stage; or
“(bb) reaches 18 years of age;
“(ii) an intermediate stage that—
“(I) commences immediately after the expiration of the learner’s permit stage and successful completion of a driving skills assessment;
“(II) is at least 6 months in duration;
“(III) prohibits the driver from using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under paragraph (4) of that subsection, and makes a violation of the prohibition a primary offense;
“(IV) for the first 6 months of the intermediate stage, restricts driving at night between the hours of 10:00 p.m. and 5:00 a.m. when not supervised by a licensed driver 21 years of age or older, excluding transportation to work, school, religious activities, or emergencies;
“(V) prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; and
“(VI) remains in effect until the driver reaches 17 years of age; and
“(iii) learner’s permit and intermediate stages that each require, in addition to any other penalties imposed by State law, that the granting of an unrestricted driver’s license be automatically delayed for any individual who, during the learner’s permit or intermediate stage, is convicted of a driving-related offense during the first 6 months, including—
“(I) driving while intoxicated;
“(II) misrepresentation of the individual’s age;
“(III) reckless driving;
“(IV) driving without wearing a seat belt;
“(V) speeding; or
“(VI) any other driving-related offense, as determined by the Secretary.”
; and
by adding at the end the following:
“(6) Special rule.—Notwithstanding paragraph (5), up to 100 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402, if the State is in the lowest 25 percent of all States for the number of drivers under age 18 involved in fatal crashes in the State per the total number of drivers under age 18 in the State based on the most recent data that conforms with criteria established by the Secretary.”
Nonmotorized Safety.— Section 405 of title 23, United States Code, is amended by adding at the end the following:
“(h) Nonmotorized Safety.—
“(1) General authority.—Subject to the requirements under this subsection, the Secretary shall award grants to States for the purpose of decreasing pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle.
“(2) Federal share.—The Federal share of the cost of a project carried out by a State using amounts from a grant awarded under this subsection may not exceed 80 percent.
“(3) Eligibility.—A State shall receive a grant under this subsection in a fiscal year if the annual combined pedestrian and bicycle fatalities in the State exceed 15 percent of the total annual crash fatalities in the State, based on the most recently reported final data from the Fatality Analysis Reporting System.
“(4) Use of grant amounts.—Grant funds received by a State under this subsection may be used for—
“(A) training of law enforcement officials on State laws applicable to pedestrian and bicycle safety;
“(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.”
SEC. 4006. Tracking Process.
Section 412 of title 23, United States Code, is amended by adding at the end the following:
“(f) Tracking Process.—The Secretary shall develop a process to identify and mitigate possible systemic issues across States and regional offices by reviewing oversight findings and recommended actions identified in triennial State management reviews.”
SEC. 4007. Stop Motorcycle Checkpoint Funding.
Notwithstanding section 153 of title 23, United States Code, the Secretary may not provide a grant or any funds to a State, county, town, township, Indian tribe, municipality, or other local government that may be used for any program—
to check helmet usage; or
to create checkpoints that specifically target motorcycle operators or motorcycle passengers.
SEC. 4008. Marijuana-Impaired Driving.
Study.— The Secretary, in consultation with the heads of other Federal agencies as appropriate, shall conduct a study on marijuana-impaired driving.
Issues To Be Examined.— In conducting the study, the Secretary shall examine, at a minimum, the following:
Methods to detect marijuana-impaired driving, including devices capable of measuring marijuana levels in motor vehicle operators.
A review of impairment standard research for driving under the influence of marijuana.
Methods to differentiate the cause of a driving impairment between alcohol and marijuana.
State-based policies on marijuana-impaired driving.
The role and extent of marijuana impairment in motor vehicle accidents.
Report.—
In general.— Not later than 1 year after the date of enactment of this Act, the Secretary, in cooperation with other Federal agencies as appropriate, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.
Contents.— The report shall include, at a minimum, the following:
Findings.— The findings of the Secretary based on the study, including, at a minimum, the following:
An assessment of methodologies and technologies for measuring driver impairment resulting from the use of marijuana, including the use of marijuana in combination with alcohol.
A description and assessment of the role of marijuana as a causal factor in traffic crashes and the extent of the problem of marijuana-impaired driving.
A description and assessment of current State laws relating to marijuana-impaired driving.
A determination whether an impairment standard for drivers under the influence of marijuana is feasible and could reduce vehicle accidents and save lives.
Recommendations.— The recommendations of the Secretary based on the study, including, at a minimum, the following:
Effective and efficient methods for training law enforcement personnel, including drug recognition experts, to detect or measure the level of impairment of a motor vehicle operator who is under the influence of marijuana by the use of technology or otherwise.
If feasible, an impairment standard for driving under the influence of marijuana.
Methodologies for increased data collection regarding the prevalence and effects of marijuana-impaired driving.
Marijuana Defined.— In this section, the term “marijuana” includes all substances containing tetrahydrocannabinol.
SEC. 4009. Increasing Public Awareness of the Dangers of Drug-Impaired Driving.
Additional Actions.— The Administrator of the National Highway Traffic Safety Administration, in consultation with the White House Office of National Drug Control Policy, the Secretary of Health and Human Services, State highway safety offices, and other interested parties, as determined by the Administrator, shall identify and carry out additional actions that should be undertaken by the Administration to assist States in their efforts to increase public awareness of the dangers of drug-impaired driving, including the dangers of driving while under the influence of heroin or prescription opioids.
Report.— Not later than 60 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the additional actions undertaken by the Administration pursuant to subsection (a).
SEC. 4010. National Priority Safety Program Grant Eligibility.
Not later than 60 days after the date on which the Secretary awards grants under section 405 of title 23, United States Code, the Secretary shall make available on a publicly available Internet Web site of the Department of Transportation—
an identification of—
the States that were awarded grants under such section;
the States that applied and were not awarded grants under such section; and
the States that did not apply for a grant under such section; and
a list of deficiencies that made a State ineligible for a grant under such section for each State under paragraph (1)(B).
SEC. 4011. Data Collection.
in subsection (a)(1)—
by striking “ (A) has enacted” and all that follows through “ (B) is maintaining” and inserting “ is maintaining”; and
by striking “ and any passengers”;
by striking subsection (b) and inserting the following:
“(b) Use of Grant Funds.—A grant received by a State under subsection (a) shall be used by the State for the costs of—
“(1) collecting and maintaining data on traffic stops; and
“(2) evaluating the results of the data.”
by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively;
in subsection (c)(2), as so redesignated, by striking “ A State” and inserting “ On or after October 1, 2015, a State”; and
in subsection (d), as so redesignated—
in the subsection heading by striking “ Authorization of Appropriations” and inserting “ Funding”;
by striking paragraph (1) and inserting the following:
“(1) In general.—From funds made available under section 403 of title 23, United States Code, the Secretary shall set aside $7,500,000 for each of fiscal years 2017 through 2020 to carry out this section.”
in paragraph (2)—
by striking “ authorized by” and inserting “ made available under”; and
by striking “ percent,” and all that follows through the period at the end and inserting “ percent.”; and
by adding at the end the following:
“(3) Other uses.—The Secretary may reallocate, before the last day of any fiscal year, amounts remaining available under paragraph (1) to increase the amounts made available to carry out any of other activities authorized under section 403 of title 23, United States Code, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.”
SEC. 4012. Study on the National Roadside Survey of Alcohol and Drug Use by Drivers.
Not later than 180 days after the date on which the Comptroller General of the United States reviews and reports on the overall value of the National Roadside Survey to researchers and other public safety stakeholders, the differences between a National Roadside Survey site and typical law enforcement checkpoints, and the effectiveness of the National Roadside Survey methodology at protecting the privacy of the driving public, as requested by the Committee on Appropriations of the Senate on June 5, 2014 (Senate Report 113–182), the Secretary shall report to Congress on the National Highway Traffic Safety Administration’s progress toward reviewing that report and implementing any recommendations made in that report.
SEC. 4013. Barriers to Data Collection Report.
Not later than 180 days after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
identifies any legal and technical barriers to capturing adequate data on the prevalence of the use of wireless communications devices while driving; and
provides recommendations on how to address such barriers.
SEC. 4014. Technical Corrections.
Title 23, United States Code, is amended as follows:
Section 402 is amended—
in subsection (b)(1)—
in subparagraph (C) by striking “ paragraph (3)” and inserting “ paragraph (2)”; and
in subparagraph (E)—
by striking “ in which” and inserting “ for which”; and
by striking “ under subsection (f)” and inserting “ under subsection (k)”; and
in subsection (k)(5), as redesignated by this Act, by striking “ under paragraph (2)(A)” and inserting “ under paragraph (3)(A)”.
Section 403(e) is amended by striking “ chapter 301” and inserting “ chapter 301 of title 49”.
Section 405 is amended—
in subsection (d)—
in paragraph (5) by striking “ under section 402(c)” and inserting “ under section 402”; and
in paragraph (6)(D), as redesignated by this Act, by striking “ on the basis of the apportionment formula set forth in section 402(c)” and inserting “ in proportion to the State’s apportionment under section 402 for fiscal year 2009”; and
in subsection (f)(4)(A)(iv)—
by striking “ such as the” and inserting “ including”; and
by striking “ developed under subsection (g)”.
SEC. 4015. Effective Date for Certain Programs.
Notwithstanding any other provision of this Act, except for the technical corrections in section 4014, the amendments made by this Act to sections 164, 402, and 405 of title 23, United States Code, shall be effective on October 1, 2016.
TITLE V Motor Carrier Safety
Subtitle A Motor Carrier Safety Grant Consolidation
SEC. 5101. Grants to States.
Motor Carrier Safety Assistance Program.— Section 31102 of title 49, United States Code, is amended to read as follows:
Ҥ 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 (or other method a State may use that the Secretary determines is adequate to obtain necessary information) and inspection to carry out the plan;
“(F) provides that all reports required under this 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 5107 of the FAST Act, a State plan under subsection (c) shall provide that the total expenditure of amounts of the lead State commercial motor vehicle safety agency responsible for administering the plan will be maintained at a level each fiscal year that is at least equal to—
“(A) the average level of that expenditure for fiscal years 2004 and 2005; or
“(B) the level of that expenditure for the year in which the Secretary implements a new allocation formula under section 5106 of the FAST Act.
“(2) Adjusted baseline after fiscal year 2017.—At the request of a State, the Secretary may evaluate additional 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 FAST Act, 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).
“(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 FAST Act, the Secretary may not make elective adjustments to the allocation formula that decrease a State’s Federal funding levels by more than 3 percent in a fiscal year. The 3 percent limit shall not apply to the 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(a)(2) 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 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).”
Commercial Motor Vehicle Operators Grant Program.— Section 31103 of title 49, United States Code, is amended to read as follows:
Ҥ 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.”
Authorization of Appropriations.— Section 31104 of title 49, United States Code, as amended by this Act, is further amended on the effective date set forth in subsection (f) to read as follows:
Ҥ 31104. Authorization of appropriations
“(a) Financial Assistance Programs.—The following sums are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account):
“(1) Motor carrier safety assistance program.—Subject to paragraph (2) and subsection (c), to carry out section 31102 (except subsection (l))—
“(A) $292,600,000 for fiscal year 2017;
“(B) $298,900,000 for fiscal year 2018;
“(C) $304,300,000 for fiscal year 2019; and
“(D) $308,700,000 for fiscal year 2020.
“(2) High priority activities program.—Subject to subsection (c), to carry out section 31102(l)—
“(A) $42,200,000 for fiscal year 2017;
“(B) $43,100,000 for fiscal year 2018;
“(C) $44,000,000 for fiscal year 2019; and
“(D) $44,900,000 for fiscal year 2020.
“(3) Commercial motor vehicle operators grant 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; and
“(D) $1,000,000 for fiscal year 2020.
“(4) Commercial driver’s license program implementation program.—Subject to subsection (c), to carry out section 31313—
“(A) $31,200,000 for fiscal year 2017;
“(B) $31,800,000 for fiscal year 2018;
“(C) $32,500,000 for fiscal year 2019; and
“(D) $33,200,000 for fiscal year 2020.
“(b) Reimbursement and Payment to Recipients for Government Share of Costs.—
“(1) In general.—Amounts made available under 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.
“(i) Reallocation.—Amounts not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation for any purpose under section 31102, 31103, or 31313 or this section to ensure, to the maximum extent possible, that all such amounts are obligated.”
Clerical Amendment.— The analysis for chapter 311 of title 49, United States Code, is amended by striking the items relating to sections 31102, 31103, and 31104 and inserting the following:
“31102. Motor carrier safety assistance program.
“31103. Commercial motor vehicle operators grant program.
“31104. Authorization of appropriations.”.
Conforming Amendments.—
Safety fitness of owners and operator; safety reviews of new operators.— Section 31144(g) of title 49, United States Code, is amended by striking paragraph (5).
Information systems; performance and registration information program.— Section 31106(b) of title 49, United States Code, is amended by striking paragraph (4).
Border enforcement grants.— Section 31107 of title 49, United States Code, and the item relating to that section in the analysis for chapter 311 of that title, are repealed.
Performance and registration information system management.— Section 31109 of title 49, United States Code, and the item relating to that section in the analysis for chapter 311 of that title, are repealed.
Commercial vehicle information systems and networks deployment.— Section 4126 of SAFETEA–LU (49 U.S.C. 31106 note), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed.
Safety data improvement program.— Section 4128 of SAFETEA–LU (49 U.S.C. 31100 note), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed.
Grant program for commercial motor vehicle operators.— Section 4134 of SAFETEA–LU (49 U.S.C. 31301 note), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed.
Maintenance of effort as condition on grants to states.— Section 103(c) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.
State compliance with cdl requirements.— Section 103(e) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.
Border staffing standards.— Section 218(d) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 note) is amended—
in paragraph (1) by striking “ section 31104(f)(2)(B) of title 49, United States Code” and inserting “ section 31104(a)(1) of title 49, United States Code”; and
by striking paragraph (3).
Winter home heating oil delivery state flexibility program.— Section 346 of the National Highway System Designation Act of 1995 (49 U.S.C. 31166 note), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed.
Effective Date.— The amendments made by this section shall take effect on October 1, 2016.
Transition.— Notwithstanding the amendments made by this section, the Secretary shall carry out sections 31102, 31103, and 31104 of title 49, United States Code, and any sections repealed under subsection (e), as necessary, as those sections were in effect on the day before October 1, 2016, with respect to applications for grants, cooperative agreements, or contracts under those sections submitted before October 1, 2016.
SEC. 5102. Performance and Registration Information Systems Management.
Section 31106(b) of title 49, United States Code, is amended in the subsection heading by striking “ Program” and inserting “ Systems Management”.
SEC. 5103. Authorization of Appropriations.
In General.— Subchapter I of chapter 311 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 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) $267,400,000 for fiscal year 2016;
“(2) $277,200,000 for fiscal year 2017;
“(3) $283,000,000 for fiscal year 2018;
“(4) $284,000,000 for fiscal year 2019; and
“(5) $288,000,000 for fiscal year 2020.
“(b) Use of Funds.—The funds authorized by this section shall be used for—
“(1) personnel costs;
“(2) administrative infrastructure;
“(3) rent;
“(4) information technology;
“(5) programs for research and technology, information management, regulatory development, and the administration of performance and registration information systems 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 to carry out this subsection.
“(d) Contract Authority; Initial Date of Availability.—Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.
“(e) Funding Availability.—Amounts made available under this section shall remain available until expended.
“(f) Contractual Obligation.—The approval of funds by the Secretary under this section is a contractual obligation of the Federal Government for payment of the Federal Government’s share of costs.”
Clerical Amendment.— The analysis for chapter 311 of title 49, United States Code, is amended by adding at the end of the items relating to subchapter I the following:
“31110. Authorization of appropriations.”.
Conforming Amendments.—
Administrative expenses; authorization of appropriations.— Section 31104 of title 49, United States Code, is amended—
by striking subsection (i); and
by redesignating subsections (j) and (k) as subsections (i) and (j), respectively.
Use of amounts made available under subsection (i).— Section 4116(d) of SAFETEA–LU (49 U.S.C. 31104 note) is amended by striking “ section 31104(i)” and inserting “ section 31110”.
International cooperation.— Section 31161 of title 49, United States Code, is amended by striking “ section 31104(i)” and inserting “ section 31110”.
SAFETEA–LU; outreach and education.— Section 4127 of SAFETEA–LU (119 Stat. 1741; Public Law 109–59), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed.
SEC. 5104. Commercial Driver’s License Program Implementation.
In General.— Section 31313 of title 49, United States Code, is amended to read as follows:
“§ 31313. Commercial driver’s license program implementation financial assistance program
“(a) Financial Assistance Program.—
“(1) In general.—The Secretary of Transportation shall administer a financial assistance program for commercial driver’s license program implementation for the purposes described in paragraphs (2) and (3).
“(2) State commercial driver’s license program implementation grants.—In carrying out the program, the Secretary may make a grant to a State agency in a fiscal year—
“(A) to assist the State in complying with the requirements of section 31311; and
“(B) in the case of a State that is making a good faith effort toward substantial compliance with the requirements of section 31311, to improve the State’s implementation of its commercial driver’s license program, including expenses—
“(i) for computer hardware and software;
“(ii) for publications, testing, personnel, training, and quality control;
“(iii) for commercial driver’s license program coordinators; and
“(iv) to implement or maintain a system to notify an employer of an operator of a commercial motor vehicle of the suspension or revocation of the operator’s commercial driver’s license consistent with the standards developed under section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012 (49 U.S.C. 31304 note).
“(3) Priority activities.—The Secretary may make a grant to or enter into a cooperative agreement with a State agency, local government, or any person in a fiscal year for research, development and testing, demonstration projects, public education, and other special activities and projects relating to commercial drivers licensing and motor vehicle safety that—
“(A) benefit all jurisdictions of the United States;
“(B) address national safety concerns and circumstances;
“(C) address emerging issues relating to commercial driver’s license improvements;
“(D) support innovative ideas and solutions to commercial driver’s license program issues; or
“(E) address other commercial driver’s license issues, as determined by the Secretary.
“(b) Prohibitions.—A recipient may not use financial assistance funds awarded under this section to rent, lease, or buy land or buildings.
“(c) Report.—The Secretary shall issue an annual report on the activities carried out under this section.
“(d) Apportionment.—All amounts made available to carry out this section for a fiscal year shall be apportioned to a recipient described in subsection (a)(3) according to criteria prescribed by the Secretary.
“(e) Funding.—For fiscal years beginning after September 30, 2016, this section shall be funded under section 31104.”
Clerical Amendment.— The analysis for chapter 313 of title 49, United States Code, is amended by striking the item relating to section 31313 and inserting the following:
“31313. Commercial driver’s license program implementation financial assistance program.”.
SEC. 5105. Extension of Federal Motor Carrier Safety Programs for Fiscal Year 2016.
Motor Carrier Safety Assistance Program Grant Extension.— Section 31104(a) of title 49, United States Code, is amended by striking paragraphs (10) and (11) and inserting the following:
“(10) $218,000,000 for fiscal year 2015; and
“(11) $218,000,000 for fiscal year 2016.”
Extension of Grant Programs.— Section 4101(c) of SAFETEA–LU (119 Stat. 1715; Public Law 109–59) is amended to read as follows:
“(c) Authorization of Appropriations.—The following sums are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account):
“(1) Commercial driver’s license program improvement grants.—For carrying out the commercial driver’s license program improvement grants program under section 31313 of title 49, United States Code, $30,000,000 for fiscal year 2016.
“(2) Border enforcement grants.—For border enforcement grants under section 31107 of that title $32,000,000 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 $5,000,000 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 $25,000,000 for fiscal year 2016.
“(5) Safety data improvement grants.—For safety data improvement grants under section 4128 of this Act $3,000,000 for fiscal year 2016.”
High-Priority Activities.— Section 31104(j)(2) of title 49, United States Code, as redesignated by this subtitle, is amended by striking “ 2015” the first place it appears and all that follows through “ for States,” and inserting “ 2016 for States,”.
New Entrant Audits.— Section 31144(g)(5)(B) of title 49, United States Code, is amended to read as follows:
“(B) Set aside.—The Secretary shall set aside from amounts made available under section 31104(a) up to $32,000,000 for fiscal year 2016 for audits of new entrant motor carriers conducted under this paragraph.”
Grant Program for Commercial Motor Vehicle Operators.— Section 4134(c) of SAFETEA–LU (49 U.S.C. 31301 note) is amended to read as follows:
“(c) Funding.—From amounts made available under section 31110 of title 49, United States Code, the Secretary shall make available, $1,000,000 for fiscal year 2016 to carry out this section.”
Commercial Vehicle Information Systems and Networks Deployment.—
In general.— Section 4126 of SAFETEA–LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public Law 109–59) is amended—
in subsection (c)—
in paragraph (2) by adding at the end the following: “ Funds deobligated by the Secretary from previous year grants shall not be counted toward the $2,500,000 maximum aggregate amount for core deployment.”; and
in paragraph (3) by adding at the end the following: “ Funds may also be used for planning activities, including the development or updating of program or top level design plans.”; and
in subsection (d)(4) by adding at the end the following: “ Funds may also be used for planning activities, including the development or updating of program or top level design plans.”.
Innovative technology deployment program.— For fiscal year 2016, the commercial vehicle information systems and networks deployment program under section 4126 of SAFETEA–LU (119 Stat. 1738; Public Law 109–59) may also be referred to as the innovative technology deployment program.
SEC. 5106. Motor Carrier Safety Assistance Program Allocation.
Working Group.—
Establishment.— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a motor carrier safety assistance program formula working group (in this section referred to as the “working group”).
Membership.—
In general.— Subject to subparagraph (B), the working group shall consist of representatives of the following:
The Federal Motor Carrier Safety Administration.
The lead State commercial motor vehicle safety agencies responsible for administering the plan required by section 31102 of title 49, United States Code.
An organization representing State agencies responsible for enforcing a program for inspection of commercial motor vehicles.
Such other persons as the Secretary considers necessary.
Composition.— Representatives of State commercial motor vehicle safety agencies shall comprise at least 51 percent of the membership.
New allocation formula.— The working group shall analyze requirements and factors for the establishment of a new allocation formula for the motor carrier safety assistance program under section 31102 of title 49, United States Code.
Recommendation.— Not later than 1 year after the date the working group is established under paragraph (1), the working group shall make a recommendation to the Secretary regarding a new allocation formula for the motor carrier safety assistance program.
Exemption.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this subsection.
Publication.— The Administrator of the Federal Motor Carrier Safety Administration shall publish on a publicly accessible Internet Web site of the Federal Motor Carrier Safety Administration—
detailed summaries of the meetings of the working group; and
the final recommendation of the working group provided to the Secretary.
Notice of Proposed Rulemaking.— After receiving the recommendation of the working group under subsection (a)(4), the Secretary shall publish in the Federal Register a notice seeking public comment on the establishment of a new allocation formula for the motor carrier safety assistance program.
Basis for Formula.— The Secretary shall ensure that the new allocation formula for the motor carrier safety assistance program is based on factors that reflect, at a minimum—
the relative needs of the States to comply with section 31102 of title 49, United States Code;
the relative administrative capacities of and challenges faced by States in complying with that section;
the average of each State’s new entrant motor carrier inventory for the 3-year period prior to the date of enactment of this Act;
the number of international border inspection facilities and border crossings by commercial vehicles in each State; and
any other factors the Secretary considers appropriate.
Funding Amounts Prior to Development of New Allocation Formula.—
Interim formula.— Prior to the development of the new allocation formula for the motor carrier safety assistance program, the Secretary may calculate the interim funding amounts for that program in fiscal year 2017 (and later fiscal years, as necessary) under section 31104(a)(1) of title 49, United States Code, as amended by this subtitle, by using the following methodology:
The Secretary shall calculate the funding amount to a State using the allocation formula the Secretary used to award motor carrier safety assistance program funding in fiscal year 2016 under section 31102 of title 49, United States Code.
The Secretary shall average the funding awarded or other equitable amounts to a State in fiscal years 2013, 2014, and 2015 for—
border enforcement grants under section 31107 of title 49, United States Code; and
new entrant audit grants under section 31144(g)(5) of that title.
The Secretary shall add the amounts calculated in subparagraphs (A) and (B).
Adjustments.— Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary, the initial amounts resulting from the calculation described in paragraph (1) shall be adjusted to ensure that, for each State, the amount shall not be less than 97 percent of the average amount of funding received or other equitable amounts in fiscal years 2013, 2014, and 2015 for—
motor carrier safety assistance program funds awarded to the State under section 31102 of title 49, United States Code;
border enforcement grants awarded to the State under section 31107 of title 49, United States Code; and
new entrant audit grants awarded to the State under section 31144(g)(5) of title 49, United States Code.
Immediate relief.— On the date of enactment of this Act, and for the 3 fiscal years following the implementation of the new allocation formula, the Secretary shall terminate the withholding of motor carrier safety assistance program funds from a State if the State was subject to the withholding of such funds for matters of noncompliance immediately prior to the date of enactment of this Act.
Future withholdings.— Beginning on the date that the new allocation formula for the motor carrier safety assistance program is implemented, the Secretary shall impose all future withholdings in accordance with section 31102(k) of title 49, United States Code, as amended by this subtitle.
Termination of Working Group.— The working group established under subsection (a) shall terminate on the date of the implementation of the new allocation formula for the motor carrier safety assistance program.
SEC. 5107. Maintenance of Effort Calculation.
Before New Allocation Formula.—
Fiscal year 2017.— If a new allocation formula for the motor carrier safety assistance program has not been established under this subtitle for fiscal year 2017, the Secretary shall calculate for fiscal year 2017 the maintenance of effort baseline required under section 31102(f) of title 49, United States Code, as amended by this subtitle, by averaging the expenditures for fiscal years 2004 and 2005 required by section 31102(b)(4) of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act.
Subsequent fiscal years.— The Secretary may use the methodology for calculating the maintenance of effort baseline specified in paragraph (1) for fiscal year 2018 and subsequent fiscal years if a new allocation formula for the motor carrier safety assistance program has not been established for that fiscal year.
Beginning With New Allocation Formation.—
In general.— Subject to paragraphs (2) and (3)(B), beginning on the date that a new allocation formula for the motor carrier safety assistance program is established under this subtitle, upon the request of a State, the Secretary may waive or modify the baseline maintenance of effort required of the State by section 31102(f) of title 49, United States Code, as amended by this subtitle, for the purpose of establishing a new baseline maintenance of effort if the Secretary determines that a waiver or modification—
is equitable due to reasonable circumstances;
will ensure the continuation of commercial motor vehicle enforcement activities in the State; and
is necessary to ensure that the total amount of State maintenance of effort and matching expenditures required under sections 31102 and 31104 of title 49, United States Code, as amended by this subtitle, does not exceed a sum greater than the average of the total amount of State maintenance of effort and matching expenditures required under those sections for the 3 fiscal years prior to the date of enactment of this Act.
Adjustment methodology.— If requested by a State, the Secretary may modify the maintenance of effort baseline referred to in paragraph (1) for the State according to the following methodology:
The Secretary shall establish the maintenance of effort baseline for the State using the average baseline of fiscal years 2004 and 2005, as required by section 31102(b)(4) of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act.
The Secretary shall calculate the average required match by a lead State commercial motor vehicle safety agency for fiscal years 2013, 2014, and 2015 for motor carrier safety assistance grants established at 20 percent by section 31103 of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act.
The Secretary shall calculate the estimated match required under section 31104(b) of title 49, United States Code, as amended by this subtitle.
The Secretary shall subtract the amount in subparagraph (B) from the amount in subparagraph (C) and—
if the number is greater than 0, the Secretary shall subtract the number from the amount in subparagraph (A); or
if the number is not greater than 0, the Secretary shall calculate the maintenance of effort using the methodology in subparagraph (A).
Maintenance of effort amount.—
In general.— The Secretary shall use the amount calculated under paragraph (2) as the baseline maintenance of effort required under section 31102(f) of title 49, United States Code, as amended by this subtitle.
Deadline.— If a State does not request a waiver or modification under this subsection before September 30 during the first fiscal year that the Secretary implements a new allocation formula for the motor carrier safety assistance program under this subtitle, the Secretary shall calculate the maintenance of effort using the methodology described in paragraph (2)(A).
Maintenance of effort described.— The maintenance of effort calculated under this section is the amount required under section 31102(f) of title 49, United States Code, as amended by this subtitle.
Termination of Effectiveness.— The authority of the Secretary under this section shall terminate effective on the date that a new maintenance of effort baseline is calculated based on a new allocation formula for the motor carrier safety assistance program implemented under section 31102 of title 49, United States Code.
Subtitle B Federal Motor Carrier Safety Administration Reform
PART I Regulatory Reform
SEC. 5201. Notice of Cancellation of Insurance.
Section 13906(e) of title 49, United States Code, is amended by inserting “ or suspend” after “ revoke”.
SEC. 5202. Regulations.
Section 31136 of title 49, United States Code, is amended—
by redesignating subsection (f) as subsection (g) and transferring such subsection to appear at the end of section 31315 of such title; and
by adding at the end the following:
“(f) Regulatory Impact Analysis.—
“(1) In general.—Within each regulatory impact analysis of a proposed or final major rule issued by the Federal Motor Carrier Safety Administration, the Secretary shall, whenever practicable—
“(A) consider the effects of the proposed or final rule on different segments of the motor carrier industry; and
“(B) formulate estimates and findings based on the best available science.
“(2) Scope.—To the extent feasible and appropriate, and consistent with law, an analysis described in paragraph (1) shall—
“(A) use data that is representative of commercial motor vehicle operators or motor carriers, or both, that will be impacted by the proposed or final rule; and
“(B) consider the effects on commercial truck and bus carriers of various sizes and types.
“(g) Public Participation.—
“(1) In general.—If a proposed rule under this part is likely to lead to the promulgation of a major rule, the Secretary, before publishing such proposed rule, shall—
“(A) issue an advance notice of proposed rulemaking; or
“(B) proceed with a negotiated rulemaking.
“(2) Requirements.—Each advance notice of proposed rulemaking issued under paragraph (1) shall—
“(A) identify the need for a potential regulatory action;
“(B) identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives;
“(C) request public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and
“(D) request public comment on available alternatives to regulation.
“(3) Waiver.—This subsection does not apply to a proposed rule if the Secretary, for good cause, finds (and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule) that an advance notice of proposed rulemaking is impracticable, unnecessary, or contrary to the public interest.
“(h) Rule of Construction.—Nothing in subsection (f) or (g) may be construed to limit the contents of an advance notice of proposed rulemaking.”
SEC. 5203. Guidance.
In General.—
Date of issuance and point of contact.— Each guidance document issued by the Federal Motor Carrier Safety Administration shall have a date of issuance or a date of revision, as applicable, and shall include the name and contact information of a point of contact at the Administration who can respond to questions regarding the guidance.
Public accessibility.—
In general.— Each guidance document issued or revised by the Federal Motor Carrier Safety Administration shall be published on a publicly accessible Internet Web site of the Department on the date of issuance or revision.
Redaction.— The Administrator of the Federal Motor Carrier Safety Administration may redact from a guidance document published under subparagraph (A) any information that would reveal investigative techniques that would compromise Administration enforcement efforts.
Incorporation into regulations.— Not later than 5 years after the date on which a guidance document is published under paragraph (2) or during an applicable review under subsection (c), whichever is earlier, the Secretary shall revise regulations to incorporate the guidance document to the extent practicable.
Reissuance.— If a guidance document is not incorporated into regulations in accordance with paragraph (3), the Administrator shall—
reissue an updated version of the guidance document; and
review and reissue an updated version of the guidance document every 5 years until the date on which the guidance document is removed or incorporated into applicable regulations.
Initial Review.— Not later than 1 year after the date of enactment of this Act, the Administrator shall review all guidance documents issued by the Federal Motor Carrier Safety Administration and in effect on such date of enactment to ensure that such documents are current, are readily accessible to the public, and meet the standards specified in subparagraphs (A), (B), and (C) of subsection (c)(1).
Regular Review.—
In general.— Subject to paragraph (2), not less than once every 5 years, the Administrator shall conduct a comprehensive review of the guidance documents issued by the Federal Motor Carrier Safety Administration to determine whether such documents are—
consistent and clear;
uniformly and consistently enforced; and
still necessary.
Notice and comment.— Prior to beginning a review under paragraph (1), the Administrator shall publish in the Federal Register a notice and request for comment that solicits input from stakeholders on which guidance documents should be updated or eliminated.
Report.—
In general.— Not later than 60 days after the date on which a review under paragraph (1) is completed, the Administrator shall publish on a publicly accessible Internet Web site of the Department a report detailing the review and a full inventory of the guidance documents of the Administration.
Contents.— A report under subparagraph (A) shall include a summary of the response of the Administration to comments received under paragraph (2).
Guidance Document Defined.— In this section, the term “guidance document” means a document issued by the Federal Motor Carrier Safety Administration that—
provides an interpretation of a regulation of the Administration; or
includes an enforcement policy of the Administration available to the public.
SEC. 5204. Petitions.
In General.— The Administrator of the Federal Motor Carrier Safety Administration shall—
publish on a publicly accessible Internet Web site of the Department a summary of all petitions for regulatory action submitted to the Administration;
prioritize the petitions submitted based on the likelihood of safety improvements resulting from the regulatory action requested;
not later than 180 days after the date a summary of a petition is published under paragraph (1), formally respond to such petition by indicating whether the Administrator will accept, deny, or further review the petition;
prioritize responses to petitions consistent with a petition’s potential to reduce crashes, improve enforcement, and reduce unnecessary burdens; and
not later than 60 days after the date of receipt of a petition, publish on a publicly accessible Internet Web site of the Department an updated inventory of the petitions described in paragraph (1), including any applicable disposition information for those petitions.
Treatment of Multiple Petitions.— The Administrator may treat multiple similar petitions as a single petition for the purposes of subsection (a).
Petition Defined.— In this section, the term “petition” means a request for—
a new regulation;
a regulatory interpretation or clarification; or
a determination by the Administrator that a regulation should be modified or eliminated because it is—
no longer—
consistent and clear;
current with the operational realities of the motor carrier industry; or
uniformly enforced;
ineffective; or
overly burdensome.
SEC. 5205. Inspector Standards.
Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall revise the regulations under part 385 of title 49, Code of Federal Regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance.
SEC. 5206. Applications.
in paragraph (1)—
in the first sentence by striking “ paragraph (3)” and inserting “ this subsection”; and
by striking the second sentence;
by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively; and
by inserting after paragraph (1) the following:
“(2) Length of exemption and renewal.—An exemption may be granted under paragraph (1) for no longer than 5 years and may be renewed, upon request, for subsequent 5-year periods if the Secretary continues to make the finding under paragraph (1).
“(3) Opportunity for resubmission.—If the Secretary denies an application under paragraph (1) and the applicant can reasonably address the reason for the denial, the Secretary may allow the applicant to resubmit the application.”
Administrative Exemptions.—
In general.— The Secretary shall make permanent the following limited exemptions:
Perishable construction products, as published in the Federal Register on April 2, 2015 (80 Fed. Reg. 17819).
Transport of commercial bee hives, as published in the Federal Register on June 19, 2015 (80 Fed. Reg. 35425).
Safe transport of livestock, as published in the Federal Register on June 12, 2015 (80 Fed. Reg. 33584).
Additional administrative exemptions.— Any exemption from any provision of the regulations under part 395 of title 49, Code of Federal Regulations, that is in effect on the date of enactment of this Act—
except as otherwise provided in section 31315(b) of title 49, shall be valid for a period of 5 years from the date such exemption was granted; and
may be subject to renewal under section 31315(b)(2) of title 49, United States Code.
PART II Compliance, Safety, Accountability Reform
SEC. 5221. Correlation Study.
In General.— The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the “Administrator”) shall commission the National Research Council of the National Academies to conduct a study of—
the Compliance, Safety, Accountability program of the Federal Motor Carrier Safety Administration (referred to in this part as the “CSA program”); and
the Safety Measurement System utilized by the CSA program (referred to in this part as the “SMS”).
Scope of Study.— In carrying out the study commissioned pursuant to subsection (a), the National Research Council—
shall analyze—
the accuracy with which the Behavior Analysis and Safety Improvement Categories (referred to in this part as “BASIC”)—
identify high risk carriers; and
predict or are correlated with future crash risk, crash severity, or other safety indicators for motor carriers, including the highest risk carriers;
the methodology used to calculate BASIC percentiles and identify carriers for enforcement, including the weights assigned to particular violations and the tie between crash risk and specific regulatory violations, with respect to accurately identifying and predicting future crash risk for motor carriers;
the relative value of inspection information and roadside enforcement data;
any data collection gaps or data sufficiency problems that may exist and the impact of those gaps and problems on the efficacy of the CSA program;
the accuracy of safety data, including the use of crash data from crashes in which a motor carrier was free from fault;
whether BASIC percentiles for motor carriers of passengers should be calculated separately from motor carriers of freight;
the differences in the rates at which safety violations are reported to the Federal Motor Carrier Safety Administration for inclusion in the SMS by various enforcement authorities, including States, territories, and Federal inspectors; and
how members of the public use the SMS and what effect making the SMS information public has had on reducing crashes and eliminating unsafe motor carriers from the industry; and
shall consider—
whether the SMS provides comparable precision and confidence, through SMS alerts and percentiles, for the relative crash risk of individual large and small motor carriers;
whether alternatives to the SMS would identify high risk carriers more accurately; and
the recommendations and findings of the Comptroller General of the United States and the Inspector General of the Department, and independent review team reports, issued before the date of enactment of this Act.
Report.— Not later than 18 months after the date of enactment of this Act, the Administrator shall—
submit a report containing the results of the study commissioned pursuant to subsection (a) to—
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Transportation and Infrastructure of the House of Representatives; and
the Inspector General of the Department; and
publish the report on a publicly accessible Internet Web site of the Department.
Corrective Action Plan.—
In general.— Not later than 120 days after the Administrator submits the report under subsection (c), if that report identifies a deficiency or opportunity for improvement in the CSA program or in any element of the SMS, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a corrective action plan that—
responds to the deficiencies or opportunities identified by the report;
identifies how the Federal Motor Carrier Safety Administration will address such deficiencies or opportunities; and
provides an estimate of the cost, including with respect to changes in staffing, enforcement, and data collection, necessary to address such deficiencies or opportunities.
Program reforms.— The corrective action plan submitted under paragraph (1) shall include an implementation plan that—
includes benchmarks;
includes programmatic reforms, revisions to regulations, or proposals for legislation; and
shall be considered in any rulemaking by the Department that relates to the CSA program, including the SMS or data analysis under the SMS.
Inspector General Review.— Not later than 120 days after the Administrator submits a corrective action plan under subsection (d), the Inspector General of the Department shall—
review the extent to which such plan addresses—
recommendations contained in the report submitted under subsection (c); and
relevant recommendations issued by the Comptroller General or the Inspector General before the date of enactment of this Act; and
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the responsiveness of the corrective action plan to the recommendations described in paragraph (1).
SEC. 5222. Beyond Compliance.
In General.— Not later than 18 months after the date of enactment of this Act, the Administrator shall allow recognition, including credit or an improved SMS percentile, for a motor carrier that—
installs advanced safety equipment;
uses enhanced driver fitness measures;
adopts fleet safety management tools, technologies, and programs; or
satisfies other standards determined appropriate by the Administrator.
Implementation.— The Administrator shall carry out subsection (a) by—
incorporating a methodology into the CSA program; or
establishing a safety BASIC in the SMS.
Process.—
In general.— The Administrator, after providing notice and an opportunity for comment, shall develop a process for identifying and reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor carriers to receive recognition, including credit or an improved SMS percentile, for purposes of subsection (a).
Contents.— A process developed under paragraph (1) shall—
provide for a petition process for reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and
seek input and participation from industry stakeholders, including commercial motor vehicle drivers, technology manufacturers, vehicle manufacturers, motor carriers, law enforcement, safety advocates, and the Motor Carrier Safety Advisory Committee.
Qualification.— The Administrator, after providing notice and an opportunity for comment, shall develop technical or other performance standards with respect to advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for purposes of subsection (a).
Monitoring.— The Administrator may authorize qualified entities to monitor motor carriers that receive recognition, including credit or an improved SMS percentile, under this section through a no-cost contract structure.
Dissemination of Information.— The Administrator shall maintain on a publicly accessible Internet Web site of the Department information on—
the advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards eligible for recognition, including credit or an improved SMS percentile;
any petitions for review of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and
any relevant statistics relating to the use of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards.
Report.— Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the—
number of motor carriers receiving recognition, including credit or an improved SMS percentile, under this section; and
safety performance of such carriers.
SEC. 5223. Data Certification.
In General.— On and after the date that is 1 day after the date of enactment of this Act, no information regarding analysis of violations, crashes in which a determination is made that the motor carrier or the commercial motor vehicle driver is not at fault, alerts, or the relative percentile for each BASIC developed under the CSA program may be made available to the general public until the Inspector General of the Department certifies that—
the report required under section 5221(c) has been submitted in accordance with that section;
any deficiencies identified in the report required under section 5221(c) have been addressed;
if applicable, the corrective action plan under section 5221(d) has been implemented;
the Administrator of the Federal Motor Carrier Safety Administration has fully implemented or satisfactorily addressed the issues raised in the report titled “Modifying the Compliance, Safety, Accountability Program Would Improve the Ability to Identify High Risk Carriers” of the Government Accountability Office and dated February 2014 (GAO–14–114); and
the Secretary has initiated modification of the CSA program in accordance with section 5222.
Limitation on the Use of CSA Analysis.— Information regarding alerts and the relative percentile for each BASIC developed under the CSA program may not be used for safety fitness determinations until the Inspector General of the Department makes the certification under subsection (a).
Continued Public Availability of Data.— Notwithstanding any other provision of this section, inspection and violation information submitted to the Federal Motor Carrier Safety Administration by commercial motor vehicle inspectors and qualified law enforcement officials, out-of-service rates, and absolute measures shall remain available to the public.
Exceptions.—
In general.— Notwithstanding any other provision of this section—
the Federal Motor Carrier Safety Administration and State and local commercial motor vehicle enforcement agencies may use the information referred to in subsection (a) for purposes of investigation and enforcement prioritization;
a motor carrier and a commercial motor vehicle driver may access information referred to in subsection (a) that relates directly to the motor carrier or driver, respectively; and
a data analysis of motorcoach operators may be provided online with a notation indicating that the ratings or alerts listed are not intended to imply any Federal safety rating of the carrier.
Notation.— The notation described in paragraph (1)(C) shall include the following: “Readers should not draw conclusions about a carrier’s overall safety condition simply based on the data displayed in this system. Unless a motor carrier has received an UNSATISFACTORY safety rating under part 385 of title 49, Code of Federal Regulations, or has otherwise been ordered to discontinue operations by the Federal Motor Carrier Safety Administration, it is authorized to operate on the Nation’s roadways.”.
Rule of construction.— Nothing in this section may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel.
SEC. 5224. Data Improvement.
Functional Specifications.— The Administrator shall develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program.
Functionality.— The functional specifications developed pursuant to subsection (a)—
shall provide for the hardcoding and smart logic functionality for roadside inspection data collection systems and databases; and
shall be made available to public and private sector developers.
Effective Data Management.— The Administrator shall ensure that internal systems and databases accept and effectively manage data using uniform standards.
Consultation With the States.— Before implementing the functional specifications developed pursuant to subsection (a) or the standards described in subsection (c), the Administrator shall seek input from the State agencies responsible for enforcing section 31102 of title 49, United States Code.
SEC. 5225. Accident Review.
In General.— Not later than 1 year after a certification under section 5223, the Secretary shall task the Motor Carrier Safety Advisory Committee with reviewing the treatment of preventable crashes under the SMS.
Duties.— Not later than 6 months after being tasked under subsection (a), the Motor Carrier Safety Advisory Committee shall make recommendations to the Secretary on a process to allow motor carriers and drivers to request that the Administrator make a determination with respect to the preventability of a crash, if such a process has not yet been established by the Secretary.
Report.— The Secretary shall—
review and consider the recommendations provided by the Motor Carrier Safety Advisory Committee; and
report to Congress on how the Secretary intends to address the treatment of preventable crashes.
Preventable Defined.— In this section, the term “preventable” has the meaning given that term in Appendix B of part 385 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act.
Subtitle C Commercial Motor Vehicle Safety
SEC. 5301. Windshield Technology.
In General.— Not later than 180 days after the date of enactment of this Act, the Secretary shall revise the regulations in section 393.60(e) of title 49, Code of Federal Regulations (relating to the prohibition on obstructions to the driver’s field of view) to exempt from that section the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent the exemption.
Vehicle Safety Technology Defined.— In this section, the term “vehicle safety technology” includes a fleet-related incident management system, performance or behavior management system, speed management system, lane departure warning system, forward collision warning or mitigation system, and active cruise control system and any other technology that the Secretary considers applicable.
Rule of Construction.— For purposes of this section, any windshield mounted technology with a short term exemption under part 381 of title 49, Code of Federal Regulations, on the date of enactment of this Act, shall be considered likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent an exemption under subsection (a).
SEC. 5302. Prioritizing Statutory Rulemakings.
The Administrator of the Federal Motor Carrier Safety Administration shall prioritize the completion of each outstanding rulemaking required by statute before beginning any other rulemaking, unless the Secretary determines that there is a significant need for such other rulemaking and notifies Congress of such determination.
SEC. 5303. Safety Reporting System.
In General.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the cost and feasibility of establishing a self-reporting system for commercial motor vehicle drivers or motor carriers with respect to en route equipment failures.
Contents.— The report required under subsection (a) shall include—
an analysis of—
alternatives for the reporting of equipment failures in real time, including an Internet Web site or telephone hotline;
the ability of a commercial motor vehicle driver or a motor carrier to provide to the Federal Motor Carrier Safety Administration proof of repair of a self-reported equipment failure;
the ability of the Federal Motor Carrier Safety Administration to ensure that self-reported equipment failures proven to be repaired are not used in the calculation of Behavior Analysis and Safety Improvement Category scores;
the ability of roadside inspectors to access self-reported equipment failures;
the cost to establish and administer a self-reporting system;
the ability for a self-reporting system to track individual commercial motor vehicles through unique identifiers; and
whether a self-reporting system would yield demonstrable safety benefits;
an identification of any regulatory or statutory impediments to the implementation of a self-reporting system; and
recommendations on implementing a self-reporting system.
SEC. 5304. New Entrant Safety Review Program.
In General.— The Secretary shall conduct an assessment of the new operator safety review program under section 31144(g) of title 49, United States Code, including the program’s effectiveness in reducing crashes, fatalities, and injuries involving commercial motor vehicles and improving commercial motor vehicle safety.
Report.— Not later than 1 year after the date of enactment of this Act, the Secretary shall publish on a publicly accessible Internet Web site of the Department and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the assessment conducted under subsection (a), including any recommendations for improving the effectiveness of the program (including recommendations for legislative changes).
SEC. 5305. High Risk Carrier Reviews.
In General.— The Secretary shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is among the highest risk carriers for 4 consecutive months.
Report.— The Secretary shall post on a public Web site a report on the actions the Secretary has taken to comply with this section, including the number of high risk carriers identified and the high risk carriers reviewed.
Conforming Amendment.— Section 4138 of SAFETEA–LU (49 U.S.C. 31144 note), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed.
SEC. 5306. Post-Accident Report Review.
In General.— Not later than 120 days after the date of enactment of this Act, the Secretary shall convene a working group—
to review the data elements of post-accident reports, for tow-away accidents involving commercial motor vehicles, that are reported to the Federal Government; and
to report to the Secretary its findings and any recommendations, including best practices for State post-accident reports to achieve the data elements described in subsection (c).
Composition.— Not less than 51 percent of the working group should be composed of individuals representing the States or State law enforcement officials. The remaining members of the working group shall represent industry, labor, safety advocates, and other interested parties.
Considerations.— The working group shall consider requiring additional data elements, including—
the primary cause of the accident, if the primary cause can be determined; and
the physical characteristics of the commercial motor vehicle and any other vehicle involved in the accident, including—
the vehicle configuration;
the gross vehicle weight, if the weight can be readily determined;
the number of axles; and
the distance between axles, if the distance can be readily determined.
Report.— Not later than 1 year after the date of enactment of this Act, the Secretary shall—
review the findings of the working group;
identify the best practices for State post-accident reports that are reported to the Federal Government, including identifying the data elements that should be collected following a tow-away commercial motor vehicle accident; and
recommend to the States the adoption of new data elements to be collected following reportable commercial motor vehicle accidents.
Termination.— The working group shall terminate not more than 180 days after the date on which the Secretary makes recommendations under subsection (d)(3).
SEC. 5307. Implementing Safety Requirements.
In General.— For each rulemaking described in subsection (c), not later than 30 days after the date of enactment of this Act and every 180 days thereafter until the rulemaking is complete, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notification that includes—
for a rulemaking with a statutory deadline—
an explanation of why the deadline was not met; and
an expected date of completion of the rulemaking; and
for a rulemaking without a statutory deadline, an expected date of completion of the rulemaking.
Additional Contents.— A notification submitted under subsection (a) shall include—
an updated rulemaking timeline;
a list of factors causing delays in the completion of the rulemaking; and
any other details associated with the status of the rulemaking.
Rulemakings.— The Secretary shall submit a written notification under subsection (a) for each of the following rulemakings:
The rulemaking required under section 31306a(a)(1) of title 49, United States Code.
The rulemaking required under section 31137(a) of title 49, United States Code.
The rulemaking required under section 31305(c) of title 49, United States Code.
The rulemaking required under section 31601 of division C of MAP–21 (49 U.S.C. 30111 note).
A rulemaking concerning motor carrier safety fitness determinations.
A rulemaking concerning commercial motor vehicle safety required by an Act of Congress enacted on or after August 1, 2005, and incomplete for more than 2 years.
Subtitle D Commercial Motor Vehicle Drivers
SEC. 5401. Opportunities for Veterans.
Standards for Training and Testing of Veteran Operators.— Section 31305 of title 49, United States Code, is amended by adding at the end the following:
“(d) Standards for Training and Testing of Veteran Operators.—
“(1) In general.—Not later than December 31, 2016, the Secretary shall modify the regulations prescribed under subsections (a) and (c) to—
“(A) exempt a covered individual from all or a portion of a driving test if the covered individual had experience in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle;
“(B) ensure that a covered individual may apply for an exemption under subparagraph (A) during, at least, the 1-year period beginning on the date on which such individual separates from service in the armed forces or reserve components; and
“(C) credit the training and knowledge a covered individual received in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle for purposes of satisfying minimum standards for training and knowledge.
“(2) Definitions.—In this subsection, the following definitions apply:
“(A) Armed forces.—The term ‘armed forces’ has the meaning given that term in section 101(a) of title 10.
“(B) Covered individual.—The term ‘covered individual’ means an individual over the age of 21 years who is—
“(i) a former member of the armed forces; or
“(ii) a former member of the reserve components.
“(C) Reserve components.—The term ‘reserve components’ means—
“(i) the Army National Guard of the United States;
“(ii) the Army Reserve;
“(iii) the Navy Reserve;
“(iv) the Marine Corps Reserve;
“(v) the Air National Guard of the United States;
“(vi) the Air Force Reserve; and
“(vii) the Coast Guard Reserve.”
Implementation of Administrative Recommendations.— Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense, shall implement the recommendations contained in the report submitted under section 32308 of MAP–21 (49 U.S.C. 31301 note) that are not implemented as a result of the amendment in subsection (a).
Implementation of the Military Commercial Driver’s License Act.— Not later than December 31, 2015, the Secretary shall issue final regulations to implement the exemption to the domicile requirement under section 31311(a)(12)(C) of title 49, United States Code.
Conforming Amendment.— Section 31311(a)(12)(C)(ii) of title 49, United States Code, is amended to read as follows:
“(ii) is an active duty member of—
“(I) the armed forces (as that term is defined in section 101(a) of title 10); or
“(II) the reserve components (as that term is defined in section 31305(d)(2) of this title); and”
SEC. 5402. Drug-Free Commercial Drivers.
in subsection (b)(1)—
by redesignating subparagraph (B) as subparagraph (C);
in subparagraph (A) by striking “ The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol.”; and
by inserting after subparagraph (A) the following:
“(B) The regulations prescribed under subparagraph (A) shall permit motor carriers—
“(i) to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and
“(ii) to use hair testing as an acceptable alternative to urine testing—
“(I) in conducting preemployment testing for the use of a controlled substance; and
“(II) in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing.”
in subsection (b)(2)—
in subparagraph (A) by striking “ and” at the end;
in subparagraph (B) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(C) shall provide an exemption from hair testing for commercial motor vehicle operators with established religious beliefs that prohibit the cutting or removal of hair.”
; and
in subsection (c)(2)—
in the matter preceding subparagraph (A) by inserting “ for urine testing, and technical guidelines for hair testing,” before “ including mandatory guidelines”;
in subparagraph (B) by striking “ and” at the end;
in subparagraph (C) by inserting “ and” after the semicolon; and
by adding at the end the following:
“(D) laboratory protocols and cut-off levels for hair testing to detect the use of a controlled substance;”
Guidelines.— Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 of title 49, United States Code.
SEC. 5403. Medical Certification of Veterans for Commercial Driver’s Licenses.
In General.— In the case of a physician-approved veteran operator, the qualified physician of such operator may, subject to the requirements of subsection (b), perform a medical examination and provide a medical certificate for purposes of compliance with the requirements of section 31149 of title 49, United States Code.
Certification.— The certification described under subsection (a) shall include—
assurances that the physician performing the medical examination meets the requirements of a qualified physician under this section; and
certification that the physical condition of the operator is adequate to enable such operator to operate a commercial motor vehicle safely.
National Registry of Medical Examiners.— The Secretary, in consultation with the Secretary of Veterans Affairs, shall develop a process for qualified physicians to perform a medical examination and provide a medical certificate under subsection (a) and include such physicians on the national registry of medical examiners established under section 31149(d) of title 49, United States Code.
Definitions.— In this section, the following definitions apply:
Physician-approved veteran operator.— The term “physician-approved veteran operator” means an operator of a commercial motor vehicle who—
is a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code; and
is required to have a current valid medical certificate pursuant to section 31149 of title 49, United States Code.
Qualified physician.— The term “qualified physician” means a physician who—
is employed in the Department of Veterans Affairs;
is familiar with the standards for, and physical requirements of, an operator certified pursuant to section 31149 of title 49, United States Code; and
has never, with respect to such section, been found to have acted fraudulently, including by fraudulently awarding a medical certificate.
Veteran.— The term “veteran” has the meaning given the term in section 101 of title 38, United States Code.
Statutory Construction.— Nothing in this section shall be construed to change any statutory penalty associated with fraud or abuse.
SEC. 5404. Commercial Driver Pilot Program.
In General.— The Secretary shall establish a pilot program under section 31315(c) of title 49, United States Code, to study the feasibility, benefits, and safety impacts of allowing a covered driver to operate a commercial motor vehicle in interstate commerce.
Data Collection.— The Secretary shall collect and analyze data relating to accidents in which—
a covered driver participating in the pilot program is involved; and
a driver under the age of 21 operating a commercial motor vehicle in intrastate commerce is involved.
Limitations.— A driver participating in the pilot program may not—
transport—
passengers; or
hazardous cargo; or
operate a vehicle in special configuration.
Working Group.—
Establishment.— The Secretary shall conduct, monitor, and evaluate the pilot program in consultation with a working group to be established by the Secretary consisting of representatives of the armed forces, industry, drivers, safety advocacy organizations, and State licensing and enforcement officials.
Duties.— The working group shall review the data collected under subsection (b) and provide recommendations to the Secretary on the feasibility, benefits, and safety impacts of allowing a covered driver to operate a commercial motor vehicle in interstate commerce.
Report.— Not later than 1 year after the date on which the pilot program is concluded, the Secretary shall submit to Congress a report describing the findings of the pilot program and the recommendations of the working group.
Definitions.— In this section, the following definitions apply:
Accident.— The term “accident” has the meaning given that term in section 390.5 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act.
Armed forces.— The term “armed forces” has the meaning given that term in section 101(a) of title 10, United States Code.
Commercial motor vehicle.— The term “commercial motor vehicle” has the meaning given that term in section 31301 of title 49, United States Code.
Covered driver.— The term “covered driver” means an individual who is—
between the ages of 18 and 21;
a member or former member of the—
armed forces; or
reserve components (as defined in section 31305(d)(2) of title 49, United States Code, as added by this Act); and
qualified in a Military Occupational Specialty to operate a commercial motor vehicle or similar vehicle.
Subtitle E General Provisions
SEC. 5501. Delays in Goods Movement.
Report.—
In general.— Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the average length of time that operators of commercial motor vehicles are delayed before the loading and unloading of such vehicles and at other points in the pick-up and delivery process.
Contents.— The report under paragraph (1) shall include—
an assessment of how delays impact—
the economy;
the efficiency of the transportation system;
motor carrier safety, including the extent to which delays result in violations of motor carrier safety regulations; and
the livelihood of motor carrier drivers; and
recommendations on how delays could be mitigated.
Collection of Data.— Not later than 2 years after the date of enactment of this Act, the Secretary shall establish by regulation a process to collect data on delays experienced by operators of commercial motor vehicles before the loading and unloading of such vehicles and at other points in the pick-up and delivery process.
SEC. 5502. Emergency Route Working Group.
In General.—
Establishment.— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a working group to determine best practices for expeditious State approval of special permits for vehicles involved in emergency response and recovery.
Members.— The working group shall include representatives from—
State highway transportation departments or agencies;
relevant modal agencies within the Department;
emergency response or recovery experts;
relevant safety groups; and
entities affected by special permit restrictions during emergency response and recovery efforts.
Considerations.— In determining best practices under subsection (a), the working group shall consider whether—
impediments currently exist that prevent expeditious State approval of special permits for vehicles involved in emergency response and recovery;
it is possible to pre-identify and establish emergency routes between States through which infrastructure repair materials could be delivered following a natural disaster or emergency;
a State could pre-designate an emergency route identified under paragraph (2) as a certified emergency route if a motor vehicle that exceeds the otherwise applicable Federal and State truck length or width limits may safely operate along such route during periods of declared emergency and recovery from such periods; and
an online map could be created to identify each pre-designated emergency route under paragraph (3), including information on specific limitations, obligations, and notification requirements along that route.
Report.—
Submission.— Not later than 1 year after the date of enactment of this Act, the working group shall submit to the Secretary a report on its findings under this section and any recommendations for the implementation of best practices for expeditious State approval of special permits for vehicles involved in emergency response and recovery.
Publication.— Not later than 30 days after the date the Secretary receives the report under paragraph (1), the Secretary shall publish the report on a publicly accessible Internet Web site of the Department.
Notification.— Not later than 6 months after the date the Secretary receives the report under subsection (c)(1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the actions the Secretary and the States have taken to implement the recommendations included in the report.
Termination.— The working group shall terminate 1 year after the date the Secretary receives the report under subsection (c)(1).
SEC. 5503. Household Goods Consumer Protection Working Group.
Working Group.— The Secretary shall establish a working group for the purpose of developing recommendations on how to best convey to consumers relevant information with respect to the Federal laws concerning the interstate transportation of household goods by motor carrier.
Membership.— The Secretary shall ensure that the working group is comprised of individuals with expertise in consumer affairs, educators with expertise in how people learn most effectively, and representatives of the household goods moving industry.
Recommendations.—
Contents.— The recommendations developed by the working group shall include recommendations on—
condensing publication ESA 03005 of the Federal Motor Carrier Safety Administration into a format that is more easily used by consumers;
using state-of-the-art education techniques and technologies, including optimizing the use of the Internet as an educational tool; and
reducing and simplifying the paperwork required of motor carriers and shippers in interstate transportation.
Deadline.— Not later than 1 year after the date of enactment of this Act—
the working group shall make the recommendations described in paragraph (1); and
the Secretary shall publish the recommendations on a publicly accessible Internet Web site of the Department.
Report.— Not later than 1 year after the date on which the working group makes its recommendations under subsection (c)(2), the Secretary shall issue a report to Congress on the implementation of such recommendations.
Termination.— The working group shall terminate 1 year after the date the working group makes its recommendations under subsection (c)(2).
SEC. 5504. Technology Improvements.
In General.— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a comprehensive analysis of the information technology and data collection and management systems of the Federal Motor Carrier Safety Administration.
Requirements.— The study conducted under subsection (a) shall—
evaluate the efficacy of the existing information technology, data collection, processing systems, data correction procedures, and data management systems and programs, including their interaction with each other and their efficacy in meeting user needs;
identify any redundancies among the systems, procedures, and programs described in paragraph (1);
explore the feasibility of consolidating data collection and processing systems;
evaluate the ability of the systems, procedures, and programs described in paragraph (1) to meet the needs of—
the Federal Motor Carrier Safety Administration, at both the headquarters and State levels;
the State agencies that implement the motor carrier safety assistance program under section 31102 of title 49, United States Code; and
other users;
evaluate the adaptability of the systems, procedures, and programs described in paragraph (1), in order to make necessary future changes to ensure user needs are met in an easier, timely, and more cost-efficient manner;
investigate and make recommendations regarding—
deficiencies in existing data sets impacting program effectiveness; and
methods to improve user interfaces; and
identify the appropriate role the Federal Motor Carrier Safety Administration should take with respect to software and information systems design, development, and maintenance for the purpose of improving the efficacy of the systems, procedures, and programs described in paragraph (1).
SEC. 5505. Notification Regarding Motor Carrier Registration.
Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate written notification of the actions the Secretary is taking to ensure, to the greatest extent practicable, that each application for registration under section 13902 of title 49, United States Code, is processed not later than 30 days after the date on which the application is received by the Secretary.
SEC. 5506. Report on Commercial Driver’s License Skills Test Delays.
Not later than 18 months after the date of enactment of this Act, and each year thereafter, the Administrator of the Federal Motor Carrier Safety Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
describes, for each State, the status of skills testing for applicants for a commercial driver’s license, including—
the average wait time from the date an applicant requests to take a skills test to the date the applicant has the opportunity to complete such test;
the average wait time from the date an applicant, upon failure of a skills test, requests a retest to the date the applicant has the opportunity to complete such retest;
the actual number of qualified commercial driver’s license examiners available to test applicants; and
the number of testing sites available through the State department of motor vehicles and whether this number has increased or decreased from the previous year; and
describes specific steps that the Administrator is taking to address skills testing delays in States that have average skills test or retest wait times of more than 7 days from the date an applicant requests to test or retest to the date the applicant has the opportunity to complete such test or retest.
SEC. 5507. Electronic Logging Device Requirements.
Section 31137(b) of title 49, United States Code, is amended—
in paragraph (1)(C) by striking “ apply to” and inserting “ except as provided in paragraph (3), apply to”; and
by adding at the end the following:
“(3) Exception.—A motor carrier, when transporting a motor home or recreation vehicle trailer within the definition of the term ‘driveaway-towaway operation’ (as defined in section 390.5 of title 49, Code of Federal Regulations), may comply with the hours of service requirements by requiring each driver to use—
“(A) a paper record of duty status form; or
“(B) an electronic logging device.”
SEC. 5508. Technical Corrections.
Title 49.— Title 49, United States Code, is amended as follows:
Section 13902(i)(2) is amended by inserting “ except as” before “ described”.
Section 13903(d) is amended by striking “ (d) Registration as Motor Carrier Required.—” and all that follows through “ (1) In general.—A freight forwarder” and inserting “ (d) Registration as Motor Carrier Required.—A freight forwarder”.
Section 13905(d)(2)(D) is amended—
by striking “ the Secretary finds that—” and all that follows through “ (i) the motor carrier,” and inserting “ the Secretary finds that the motor carrier,”; and
by adding a period at the end.
Section 14901(h) is amended by striking “ Household Goods” in the heading.
Section 14916 is amended by striking the section designation and heading and inserting the following:
“§ 14916. Unlawful brokerage activities”
MAP–21.— Effective as of July 6, 2012, and as if included therein as enacted, MAP–21 (Public Law 112–141) is amended as follows:
Section 32108(a)(4) (126 Stat. 782) is amended by inserting “ for” before “ each additional day” in the matter proposed to be struck.
Section 32301(b)(3) (126 Stat. 786) is amended by striking “ by amending (a) to read as follows:” and inserting “ by striking subsection (a) and inserting the following:”.
Section 32302(c)(2)(B) (126 Stat. 789) is amended by striking “ section 32303(c)(1)” and inserting “ section 32302(c)(1)”
Section 32921(b) (126 Stat. 828) is amended, in the matter to be inserted, by striking “ (A) In addition” and inserting the following:
“(A) In general.—In addition”
Section 32931(c) (126 Stat. 829) is amended—
by striking “ Secretary” and inserting “ Secretary of Transportation” in the matter to be struck; and
by striking “ Secretary” and inserting “ Secretary of Transportation” in the matter to be inserted.
Motor Carrier Safety Improvement Act of 1999.— Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended by inserting “ of title 49, United States Code,” after “ sections 31136 and 31502”.
SEC. 5509. Minimum Financial Responsibility.
Transporting Property.— If the Secretary proceeds with a rulemaking to determine whether to increase the minimum levels of financial responsibility required under section 31139 of title 49, United States Code, the Secretary shall consider, prior to issuing a final rule—
the rulemaking’s potential impact on—
the safety of motor vehicle transportation; and
the motor carrier industry;
the ability of the insurance industry to provide the required amount of insurance;
the extent to which current minimum levels of financial responsibility adequately cover—
medical care;
compensation; and
other identifiable costs;
the frequency with which insurance claims exceed current minimum levels of financial responsibility in fatal accidents; and
the impact of increased levels on motor carrier safety and accident reduction.
Transporting Passengers.—
In general.— Prior to initiating a rulemaking to change the minimum levels of financial responsibility under section 31138 of title 49, United States Code, the Secretary shall complete a study specific to the minimum financial responsibility requirements for motor carriers of passengers.
Study contents.— A study under paragraph (1) shall include, to the extent practicable—
a review of accidents, injuries, and fatalities in the over-the-road bus and school bus industries;
a review of insurance held by over-the-road bus and public and private school bus companies, including companies of various sizes, and an analysis of whether such insurance is adequate to cover claims;
an analysis of whether and how insurance affects the behavior and safety record of motor carriers of passengers, including with respect to crash reduction; and
an analysis of the anticipated impacts of an increase in financial responsibility on insurance premiums for passenger carriers and service availability.
Consultation.— In conducting a study under paragraph (1), the Secretary shall consult with—
representatives of the over-the-road bus and private school bus transportation industries, including representatives of bus drivers; and
insurers of motor carriers of passengers.
Report.— If the Secretary undertakes a study under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.
SEC. 5510. Safety Study Regarding Double-Decker Motorcoaches.
Study.— The Secretary, in consultation with State transportation safety and law enforcement officials, shall conduct a study regarding the safety operations, fire suppression capability, tire loads, and pavement impacts of operating a double-decker motorcoach equipped with a device designed by the motorcoach manufacturer to attach to the rear of the motorcoach for use in transporting passenger baggage.
Report.— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report containing the results of the study to—
the Committee on Transportation and Infrastructure of the House of Representatives; and
the Committee on Commerce, Science, and Transportation of the Senate.
SEC. 5511. Gao Review of School Bus Safety.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a review of the following:
Existing Federal and State rules and guidance, as of the date of the review, concerning school bus transportation of elementary school and secondary school students engaging in home-to-school transport or other transport determined by the Comptroller General to be a routine part of kindergarten through grade 12 education, including regulations and guidance regarding driver training programs, capacity requirements, programs for special needs students, inspection standards, vehicle age requirements, best practices, and public access to inspection results and crash records.
Any correlation between public or private school bus fleet operators whose vehicles are involved in an accident as defined by section 390.5 of title 49, Code of Federal Regulations, and each of the following:
A failure by those same operators of State or local safety inspections.
The average age or odometer readings of the school buses in the fleets of such operators.
Violations of Federal laws administered by the Department of Transportation, or of State law equivalents of such laws.
Violations of State or local law relating to illegal passing of a school bus.
A regulatory framework comparison of public and private school bus operations.
Expert recommendations on best practices for safe and reliable school bus transportation, including driver training programs, inspection standards, school bus age and odometer reading maximums for retirement, the percentage of buses in a local bus fleet needed as spare buses, and capacity levels per school bus for different age groups.
SEC. 5512. Access to National Driver Register.
Section 30305(b) of title 49, United States Code, is amended by adding at the end the following:
“(13) The Administrator of the Federal Motor Carrier Safety Administration may request the chief driver licensing official of a State to provide information under subsection (a) of this section about an individual in connection with a safety investigation under the Administrator’s jurisdiction.”
SEC. 5513. Report on Design and Implementation of Wireless Roadside Inspection Systems.
In General.— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report regarding the design, development, testing, and implementation of wireless roadside inspection systems.
Elements.— The report required under subsection (a) shall include a determination as to whether Federal wireless roadside inspection systems—
conflict with existing electronic screening systems, or create capabilities already available;
require additional statutory authority to incorporate generated inspection data into the safety measurement system or the safety fitness determinations program; and
provide appropriate restrictions to specifically address privacy concerns of affected motor carriers and operators.
SEC. 5514. Regulation of Tow Truck Operations.
Section 14501(c)(2)(C) of title 49, United States Code, is amended by striking “ the price of” and all that follows through “ transportation is” and inserting “ the regulation of tow truck operations”.
SEC. 5515. Study on Commercial Motor Vehicle Driver Commuting.
Effects of Commuting.— The Administrator of the Federal Motor Carrier Safety Administration shall conduct a study on the safety effects of motor carrier operator commutes exceeding 150 minutes.
Report.— Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the findings under the study.
SEC. 5516. Additional State Authority.
Notwithstanding any other provision of law, South Dakota shall be provided the opportunity to update and revise the routes designated as qualifying Federal-aid Primary System highways under section 31111(e) of title 49, United States Code, as long as the update shifts routes to divided highways or does not increase centerline miles by more than 5 percent and is expected to increase safety performance.
SEC. 5517. Report on Motor Carrier Financial Responsibility.
In General.— Not later than January 1, 2017, the Secretary shall publish on a publicly accessible Internet Web site of the Department a report on the minimum levels of financial responsibility required under section 31139 of title 49, United States Code.
Contents.— The report required under subsection (a) shall include, to the extent practicable, an analysis of—
the differences between State insurance requirements and Federal requirements;
the extent to which current minimum levels of financial responsibility adequately cover—
medical care;
compensation; and
other identifiable costs; and
the frequency with which insurance claims exceed the current minimum levels of financial responsibility.
SEC. 5518. Covered Farm Vehicles.
Section 32934(b)(1) of MAP–21 (49 U.S.C. 31136 note) is amended by striking “ from” and all that follows through the period at end and inserting the following:
“(A) a requirement described in subsection (a) or a compatible State requirement; or
“(B) any other minimum standard provided by a State relating to the operation of that vehicle.”
SEC. 5519. Operators of Hi-Rail Vehicles.
In General.— In the case of a commercial motor vehicle driver subject to the hours of service requirements in part 395 of title 49, Code of Federal Regulations, who is driving a hi-rail vehicle, the maximum on duty time under section 395.3 of such title for such driver shall not include time in transportation to or from a duty assignment if such time in transportation—
does not exceed 2 hours per calendar day or a total of 30 hours per calendar month; and
is fully and accurately accounted for in records to be maintained by the motor carrier and such records are made available upon request of the Federal Motor Carrier Safety Administration or the Federal Railroad Administration.
Hi-Rail Vehicle Defined.— In this section, the term “hi-rail vehicle” means an internal rail flaw detection vehicle equipped with flange hi-rails.
SEC. 5520. Automobile Transporter.
by striking “ specifically”; and
by adding at the end the following: “ An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul, so long as it complies with weight limitations for a truck tractor and semitrailer combination.”.
by striking “ only”; and
by inserting before the period at the end the following: “ or any other commodity, including cargo or general freight on a backhaul”.
Backhaul Defined.— Section 31111(a) of title 49, United States Code, is amended by adding at the end the following:
“(5) Backhaul.—The term ‘backhaul’ means the return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route.”
Stinger-Steered Automobile Transporters.— Section 31111(b)(1) of title 49, United States Code, is amended—
in subparagraph (E) by striking “ or” at the end;
in subparagraph (F) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(G) imposes a vehicle length limitation of less than 80 feet on a stinger-steered automobile transporter with a front overhang of less than 4 feet and a rear overhang of less than 6 feet; or”
SEC. 5521. Ready Mix Concrete Delivery Vehicles.
Section 31502 of title 49, United States Code, is amended by adding at the end the following:
“(f) Ready Mixed Concrete Delivery Vehicles.—
“(1) In general.—Notwithstanding any other provision of law, regulations issued under this section or section 31136 (including section 395.1(e)(1)(ii) of title 49, Code of Federal Regulations) regarding reporting, recordkeeping, or documentation of duty status shall not apply to any driver of a ready mixed concrete delivery vehicle if—
“(A) the driver operates within a 100 air-mile radius of the normal work reporting location;
“(B) the driver returns to the work reporting location and is released from work within 14 consecutive hours;
“(C) the driver has at least 10 consecutive hours off duty following each 14 hours on duty;
“(D) the driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; and
“(E) the motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records that show—
“(i) the time the driver reports for duty each day;
“(ii) the total number of hours the driver is on duty each day;
“(iii) the time the driver is released from duty each day; and
“(iv) the total time for the preceding driving week the driver is used for the first time or intermittently.
“(2) Definition.—In this section, the term ‘driver of a ready mixed concrete delivery vehicle’ means a driver of a vehicle designed to deliver ready mixed concrete on a daily basis and is equipped with a mechanism under which the vehicle’s propulsion engine provides the power to operate a mixer drum to agitate and mix the product en route to the delivery site.”
SEC. 5522. Transportation of Construction Materials and Equipment.
Section 229(e)(4) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended—
by striking “ 50 air mile radius” and inserting “ 75 air mile radius”; and
by striking “ the driver.” and inserting “ the driver, except that a State, upon notice to the Secretary, may establish a different air mile radius limitation for purposes of this paragraph if such limitation is between 50 and 75 air miles and applies only to movements that take place entirely within the State.”.
SEC. 5523. Commercial Delivery of Light and Medium-Duty Trailers.
Definitions.— Section 31111(a) of title 49, United States Code, is amended by adding at the end the following:
“(6) Trailer transporter towing unit.—The term ‘trailer transporter towing unit’ means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.
“(7) Towaway trailer transporter combination.—The term ‘towaway trailer transporter combination’ means a combination of vehicles consisting of a trailer transporter towing unit and 2 trailers or semitrailers—
“(A) with a total weight that does not exceed 26,000 pounds; and
“(B) in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers.”
General Limitations.— Section 31111(b)(1) of such title is amended by adding at the end the following:
“(H) has the effect of imposing an overall length limitation of less than 82 feet on a towaway trailer transporter combination.”
Conforming Amendments.—
Property-carrying unit limitation.— Section 31112(a)(1) of such title is amended by inserting before the period at the end the following: “ , but not including a trailer or a semitrailer transported as part of a towaway trailer transporter combination (as defined in section 31111(a))”.
Access to interstate system.— Section 31114(a)(2) of such title is amended by inserting “ any towaway trailer transporter combination (as defined in section 31111(a)),” after “ passengers,”.
SEC. 5524. Exemptions from Requirements for Certain Welding Trucks Used in Pipeline Industry.
Covered Motor Vehicle Defined.— In this section, the term “covered motor vehicle” means a motor vehicle that—
is traveling in the State in which the vehicle is registered or another State;
is owned by a welder;
is a pick-up style truck;
is equipped with a welding rig that is used in the construction or maintenance of pipelines; and
has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or less.
Federal Requirements.— A covered motor vehicle, including the individual operating such vehicle and the employer of such individual, shall be exempt from the following:
Any requirement relating to registration as a motor carrier, including the requirement to obtain and display a Department of Transportation number, established under chapters 139 and 311 of title 49, United States Code.
Any requirement relating to driver qualifications established under chapter 311 of title 49, United States Code.
Any requirement relating to driving of commercial motor vehicles established under chapter 311 of title 49, United States Code.
Any requirement relating to parts and accessories and inspection, repair, and maintenance of commercial motor vehicles established under chapter 311 of title 49, United States Code.
Any requirement relating to hours of service of drivers, including maximum driving and on duty time, established under chapter 315 of title 49, United States Code.
SEC. 5525. Report.
In General.— Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the safety and enforcement impacts of sections 5520, 5521, 5522, 5523, 5524, and 7208 of this Act.
Consultation.— In preparing the report required under subsection (a), the Secretary shall consult with States, State law enforcement agencies, entities impacted by the sections described in subsection (a), and other entities the Secretary considers appropriate.
TITLE VI Innovation
SEC. 6001. Short Title.
This title may be cited as the “Transportation for Tomorrow Act of 2015”.
SEC. 6002. Authorization of Appropriations.
In General.— The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
Highway research and development program.— To carry out section 503(b) of title 23, United States Code, $125,000,000 for each of fiscal years 2016 through 2020.
Technology and innovation deployment program.— To carry out section 503(c) of title 23, United States Code—
$67,000,000 for fiscal year 2016;
$67,500,000 for fiscal year 2017;
$67,500,000 for fiscal year 2018;
$67,500,000 for fiscal year 2019; and
$67,500,000 for fiscal year 2020.
Training and education.— To carry out section 504 of title 23, United States Code, $24,000,000 for each of fiscal years 2016 through 2020.
Intelligent transportation systems program.— To carry out sections 512 through 518 of title 23, United States Code, $100,000,000 for each of fiscal years 2016 through 2020.
University transportation centers program.— To carry out section 5505 of title 49, United States Code—
$72,500,000 for fiscal year 2016;
$75,000,000 for fiscal year 2017;
$75,000,000 for fiscal year 2018;
$77,500,000 for fiscal year 2019; and
$77,500,000 for fiscal year 2020.
Bureau of transportation statistics.— To carry out chapter 63 of title 49, United States Code, $26,000,000 for each of fiscal years 2016 through 2020.
Administration.— The Federal Highway Administration shall—
administer the programs described in paragraphs (1), (2), and (3) of subsection (a); and
in consultation with relevant modal administrations, administer the programs described in subsection (a)(4).
Applicability of Title 23, United States Code.— Funds authorized to be appropriated by subsection (a) shall—
be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and
remain available until expended and not be transferable, except as otherwise provided in this Act.
SEC. 6003. Technology and Innovation Deployment Program.
Section 503(c)(3) of title 23, United States Code, is amended—
in subparagraph (C) by striking “ 2013 through 2014” and inserting “ 2016 through 2020”; and
by adding at the end the following:
“(D) Publication.—
“(i) In general.—Not less frequently than annually, the Secretary shall issue and make available to the public on an Internet website a report on the cost and benefits from deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph.
“(ii) Inclusions.—The report under clause (i) may include an analysis of—
“(I) Federal, State, and local cost savings;
“(II) project delivery time improvements;
“(III) reduced fatalities; and
“(IV) congestion impacts.”
SEC. 6004. Advanced Transportation and Congestion Management Technologies Deployment.
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 10 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, including urban and rural areas.
“(iii) Technology diversity.—In awarding a grant under this paragraph, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse technology solutions.
“(E) Use of grant funds.—A grant recipient may use funds awarded under this paragraph to deploy advanced transportation and congestion management 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.—For each eligible entity that receives a grant under this paragraph, not later than 1 year after the entity receives the grant, and each year thereafter, the entity shall submit a report to the Secretary that describes—
“(i) deployment and operational costs of the project compared to the benefits and savings the project 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 website 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 Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate.
“(I) Funding.—
“(i) In general.—From funds made available to carry out subsection (b), this subsection, and sections 512 through 518, the Secretary shall set aside for grants awarded under subparagraph (D) $60,000,000 for each of fiscal years 2016 through 2020.
“(ii) Expenses for the secretary.—Of the amounts set aside under clause (i), the Secretary may set aside $2,000,000 each fiscal year for program reporting, evaluation, and administrative costs related to this paragraph.
“(J) Federal share.—The Federal share of the cost of a project for which a grant is awarded under this 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 subsection (b);
“(II) the program under this subsection; and
“(III) the programs under sections 512 through 518.
“(iii) Distribution.—Any transfer of funds and obligation limitation under clause (i) shall be divided among the programs referred to in that clause in the same proportions as the Secretary originally reserved funding from the programs for the fiscal year under subparagraph (I).
“(N) Definitions.—In this paragraph, the following definitions apply:
“(i) Eligible entity.—The term ‘eligible entity’ means a State or local government, a transit agency, metropolitan planning organization representing a population of over 200,000, or other political subdivision of a State or local government or a multijurisdictional 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, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State for which each member of the group—
“(I) has signed a written agreement to implement the advanced transportation technologies deployment initiative across jurisdictional boundaries; and
“(II) is an eligible entity under this paragraph.”
SEC. 6005. Intelligent Transportation System Goals.
Section 514(a) of title 23, United States Code, is amended—
in paragraph (4) by striking “ and” at the end;
in paragraph (5) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(6) enhancement of the national freight system and support to national freight policy goals.”
SEC. 6006. Intelligent Transportation System Purposes.
Section 514(b) of title 23, United States Code, is amended—
in paragraph (8) by striking “ and” at the end;
in paragraph (9) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(10) to assist in the development of cybersecurity research in cooperation with relevant modal administrations of the Department of Transportation and other Federal agencies to help prevent hacking, spoofing, and disruption of connected and automated transportation vehicles.”
SEC. 6007. Intelligent Transportation System Program Report.
Section 515(h)(4) of title 23, United States Code, is amended in the matter preceding subparagraph (A)—
by striking “ February 1 of each year after the date of enactment of the Transportation Research and Innovative Technology Act of 2012” and inserting “ May 1 of each year”; and
by striking “ submit to Congress” and inserting “ make available to the public on a Department of Transportation website”.
SEC. 6008. Intelligent Transportation System National Architecture and Standards.
Section 517(a)(3) of title 23, United States Code, is amended by striking “ memberships are comprised of, and represent,” and inserting “ memberships include representatives of”.
SEC. 6009. Communication Systems Deployment Report.
Section 518(a) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking “ Not later than 3” and all that follows through “ House of Representatives” and inserting “ Not later than July 6, 2016, the Secretary shall make available to the public on a Department of Transportation website a report”.
SEC. 6010. Infrastructure Development.
In General.— Chapter 5 of title 23, United States Code, is amended by adding at the end the following:
Ҥ 519. Infrastructure development
“Funds made available to carry out this chapter for operational tests of intelligent transportation systems—
“(1) shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and systems; and
“(2) to the maximum extent practicable, shall not be used for the construction of physical surface transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project.”
Technical and Conforming Amendments.—
Clerical amendment.— The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following:
“519. Infrastructure development.”.
Technical amendment.— The item relating to section 512 in the analysis for chapter 5 of title 23, United States Code, is amended to read as follows:
“512. National ITS program plan.”.
SEC. 6011. Departmental Research Programs.
Assistant Secretary for Research and Technology.— Section 102(e)(1) of title 49, United States Code, is amended—
in the matter preceding subparagraph (A) by striking “ 5” and inserting “ 6”; and
in subparagraph (A) by inserting “ an Assistant Secretary for Research and Technology,” after “ Governmental Affairs,”.
in the section heading by striking “ contracts” and inserting “ activities”;
in subsection (a) by striking “ The Secretary of” and inserting “ In General.—The Secretary of”;
in subsection (b) by striking “ In carrying” and inserting “ Responsibilities.—In carrying”;
in subsection (c) by striking “ The Secretary” and inserting “ Publications.—The Secretary”; and
by adding at the end the following:
“(d) Duties.—The Secretary shall provide for the following:
“(1) Coordination, facilitation, and review of Department of Transportation research and development programs and activities.
“(2) Advancement, and research and development, of innovative technologies, including intelligent transportation systems.
“(3) Comprehensive transportation statistics research, analysis, and reporting.
“(4) Education and training in transportation and transportation-related fields.
“(5) Activities of the Volpe National Transportation Systems Center.
“(6) Coordination in support of multimodal and multidisciplinary research activities.
“(e) Additional Authorities.—The Secretary may—
“(1) enter into grants and cooperative agreements with Federal agencies, State and local government agencies, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and to carry out other research activities of the Department of Transportation;
“(2) carry out, on a cost-shared basis, collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with—
“(A) non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State;
“(B) Federal laboratories; and
“(C) other Federal agencies; and
“(3) directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Academies, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts.
“(f) Federal Share.—
“(1) In general.—Subject to paragraph (2), the Federal share of the cost of an activity carried out under subsection (e)(3) shall not exceed 50 percent.
“(2) Exception.—If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share.
“(3) Non-federal share.—All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in subsection (e)(3).
“(g) Program Evaluation and Oversight.—For each of fiscal years 2016 through 2020, the Secretary is authorized to expend not more than 1 ½ percent of the amounts authorized to be appropriated for the coordination, evaluation, and oversight of the programs administered by the Office of the Assistant Secretary for Research and Technology.
“(h) Use of Technology.—The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other agreement entered into under this section, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
“(i) Waiver of Advertising Requirements.—Section 6101 of title 41 shall not apply to a contract, grant, or other agreement entered into under this section.”
Clerical Amendment.— The item relating to section 330 in the analysis of chapter 3 of title 49, United States Code, is amended to read as follows:
“330. Research activities.”.
Technical and Conforming Amendments.—
Title 5 amendments.—
Positions at level ii.— Section 5313 of title 5, United States Code, is amended by striking “ The Under Secretary of Transportation for Security.”.
Positions at level iv.— Section 5315 of title 5, United States Code, is amended in the undesignated item relating to Assistant Secretaries of Transportation by striking “ (4)” and inserting “ (5)”.
Positions at level v.— Section 5316 of title 5, United States Code, is amended by striking “ Associate Deputy Secretary, Department of Transportation.”.
Bureau of transportation statistics.— Section 6302 of title 49, United States Code, is amended by striking subsection (a) and inserting the following:
“(a) In General.—There shall be within the Department of Transportation the Bureau of Transportation Statistics.”
SEC. 6012. Research and Innovative Technology Administration.
Repeal.— Section 112 of title 49, United States Code, is repealed.
Clerical Amendment.— The analysis for chapter 1 of title 49, United States Code, is amended by striking the item relating to section 112.
SEC. 6013. Web-Based Training for Emergency Responders.
Section 5115(a) of title 49, United States Code, is amended in the first sentence by inserting “ , including online curriculum as appropriate,” after “ a current curriculum of courses”.
SEC. 6014. Hazardous Materials Research and Development.
Section 5118 of title 49, United States Code, is amended—
in subsection (a)(2)—
in subparagraph (A) by striking “ and” at the end;
in subparagraph (B) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(C) coordinate, as appropriate, with other Federal agencies.”
; and
by adding at the end the following:
“(c) Cooperative Research.—
“(1) In general.—As part of the program established under subsection (a), the Secretary may carry out cooperative research on hazardous materials transport.
“(2) National academies.—The Secretary may enter into an agreement with the National Academies to support research described in paragraph (1).
“(3) Research.—Research conducted under this subsection may include activities relating to—
“(A) emergency planning and response, including information and programs that can be readily assessed and implemented in local jurisdictions;
“(B) risk analysis and perception and data assessment;
“(C) commodity flow data, including voluntary collaboration between shippers and first responders for secure data exchange of critical information;
“(D) integration of safety and security;
“(E) cargo packaging and handling;
“(F) hazmat release consequences; and
“(G) materials and equipment testing.”
SEC. 6015. Office of Intermodalism.
Repeal.— Section 5503 of title 49, United States Code, is repealed.
Clerical Amendment.— The analysis for chapter 55 of title 49, United States Code, is amended by striking the item relating to section 5503.
SEC. 6016. University Transportation Centers.
Section 5505 of title 49, United States Code, is amended to read as follows:
Ҥ 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.—
“(1) Applications.—To receive a grant under this section, a consortium of nonprofit institutions of higher education shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require.
“(2) Restriction.—
“(A) Limitation.—A lead institution of a consortium of nonprofit institutions of higher education, as applicable, may only receive 1 grant per fiscal year for each of the transportation centers described under paragraphs (2), (3), and (4) of subsection (c).
“(B) Exception for consortium members that are not lead institutions.—Subparagraph (A) shall not apply to a nonprofit institution of higher education that is a member of a consortium of nonprofit institutions of higher education but not the lead institution of such consortium.
“(3) Coordination.—The Secretary shall solicit grant applications for national transportation centers, regional transportation centers, and Tier 1 university transportation centers with identical advertisement schedules and deadlines.
“(4) General selection criteria.—
“(A) In general.—Except as otherwise provided by this section, the Secretary shall award grants under this section in nonexclusive candidate topic areas established by the Secretary that address the research priorities identified in chapter 65.
“(B) Criteria.—The Secretary, in consultation with the Assistant Secretary for Research and Technology and the Administrator of the Federal Highway Administration and other modal administrations as appropriate, shall select each recipient of a grant under this section through a competitive process based on the assessment of the 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
“(II) outreach activities to attract new entrants into the transportation field, including women and underrepresented populations;
“(vi) the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs;
“(vii) the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects;
“(viii) the strategic plan submitted by the recipient describing the proposed research to be carried out by the recipient and the performance metrics to be used in assessing the performance of the recipient in meeting the stated research, technology transfer, 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 (4) 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, including the Transportation Research Board of the National Research Council of the National Academies, to evaluate and competitively review all proposals.
“(c) Grants.—
“(1) In general.—Not later than 1 year after the date of enactment of this section, the Secretary shall select grant recipients under subsection (b) and make grant amounts 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.
“(ii) Focused research.—A consortium receiving a grant under this paragraph shall focus research on 1 of the transportation issue areas specified in section 6503(c).
“(C) Matching requirement.—
“(i) In general.—As a condition of receiving a grant under this paragraph, a grant recipient shall match 100 percent of the amounts made available under the grant.
“(ii) Sources.—The matching amounts referred to in clause (i) may include amounts made available to the recipient under—
“(I) section 504(b) of title 23; or
“(II) section 505 of title 23.
“(3) Regional university transportation centers.—
“(A) Location of regional centers.—One regional university transportation center shall be located in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled ‘Standard Federal Regions’ and dated April 1974 (circular A–105).
“(B) Selection criteria.—In conducting a competition under subsection (b), the Secretary shall provide grants to 10 consortia on the basis of—
“(i) the criteria described in subsection (b)(4);
“(ii) the location of the lead center within the 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—
“(I) section 504(b) of title 23; or
“(II) section 505 of title 23.
“(E) Focused research.—The Secretary shall make a grant to 1 of the 10 regional university transportation centers established under this paragraph for the purpose of furthering the objectives described in subsection (a)(2) in the field of comprehensive transportation safety, congestion, connected vehicles, connected infrastructure, and autonomous vehicles.
“(4) Tier 1 university transportation centers.—
“(A) In general.—The Secretary shall provide grants of not greater than $2,000,000 and not less than $1,000,000 to not more than 20 recipients to carry out this paragraph.
“(B) Matching requirement.—
“(i) In general.—As a condition of receiving a grant under this paragraph, a grant recipient shall match 50 percent of the amounts made available under the grant.
“(ii) Sources.—The matching amounts referred to in clause (i) may include amounts made available to the recipient under—
“(I) section 504(b) of title 23; or
“(II) section 505 of title 23.
“(C) Focused research.—In awarding grants under this section, consideration shall be given to minority institutions, as defined by section 365 of the Higher 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
“(B) disseminate the results of that research through the establishment and operation of a publicly accessible online information clearinghouse.
“(2) Annual review and evaluation.—Not less frequently than annually, and consistent with the plan developed under section 6503, the Secretary shall—
“(A) review and evaluate the programs carried out under this section by grant recipients; and
“(B) submit to the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate a report describing that review and evaluation.
“(3) Program evaluation and oversight.—For each of fiscal years 2016 through 2020, the Secretary shall expend not more than 1 and a half percent of the amounts made available to the Secretary to carry out this section for any coordination, evaluation, and oversight activities of the 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.”
SEC. 6017. Bureau of Transportation Statistics.
Section 6302 of title 49, United States Code, is amended by adding at the end the following:
“(d) Independence of Bureau.—
“(1) In general.—The Director shall not be required—
“(A) to obtain the approval of any other officer or employee of the Department with respect to the collection or analysis of any information; or
“(B) prior to publication, to obtain the approval of any other officer or employee of the United States Government with respect to the substance of any statistical technical reports or press releases lawfully prepared by the Director.
“(2) Budget authority.—The Director shall have a significant role in the disposition and allocation of the authorized budget of the Bureau, including—
“(A) all hiring, grants, cooperative agreements, and contracts awarded by the Bureau to carry out this section; and
“(B) the disposition and allocation of amounts paid to the Bureau for cost-reimbursable projects.
“(3) Exceptions.—The Secretary shall direct external support functions, such as the coordination of activities involving multiple modal administrations.
“(4) Information technology.—The Department Chief Information Officer shall consult with the Director to ensure decisions related to information technology guarantee the protection of the confidentiality of information provided solely for statistical purposes, in accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347).”
SEC. 6018. Port Performance Freight Statistics Program.
In General.— Chapter 63 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 6314. Port performance freight statistics program
“(a) In General.—The Director shall establish, on behalf of the Secretary, a port performance statistics program to provide nationally consistent measures of performance of, at a minimum—
“(1) the Nation’s top 25 ports by tonnage;
“(2) the Nation’s top 25 ports by 20-foot equivalent unit; and
“(3) the Nation’s top 25 ports by dry bulk.
“(b) Reports.—
“(1) Port capacity and throughput.—Not later than January 15 of each year, the Director shall submit an annual report to Congress that includes statistics on capacity and throughput at the ports described in subsection (a).
“(2) Port performance measures.—The Director shall collect port performance measures for each of the United States ports referred to in subsection (a) that—
“(A) receives Federal assistance; or
“(B) is subject to Federal regulation to submit necessary information to the Bureau that includes statistics on capacity and throughput as applicable to the specific configuration of the port.
“(c) Recommendations.—
“(1) In general.—The Director shall obtain recommendations for—
“(A) port performance measures, including specifications and data measurements to be used in the program established under subsection (a); and
“(B) a process for the Department to collect timely and consistent data, including identifying safeguards to protect proprietary information described in subsection (b)(2).
“(2) Working group.—Not later than 60 days after the date of the enactment of the Transportation for Tomorrow Act of 2015, the Director shall commission a working group composed of—
“(A) operating administrations of the Department;
“(B) the Coast Guard;
“(C) the Federal Maritime Commission;
“(D) U.S. Customs and Border Protection;
“(E) the Marine Transportation System National Advisory Council;
“(F) the Army Corps of Engineers;
“(G) the Saint Lawrence Seaway Development Corporation;
“(H) the Bureau of Labor Statistics;
“(I) the Maritime Advisory Committee for Occupational Safety and Health;
“(J) the Advisory Committee on Supply Chain Competitiveness;
“(K) 1 representative from the rail industry;
“(L) 1 representative from the trucking industry;
“(M) 1 representative from the maritime shipping industry;
“(N) 1 representative from a labor organization for each industry described in subparagraphs (K) through (M);
“(O) 1 representative from the International Longshoremen’s Association;
“(P) 1 representative from the International Longshore and Warehouse Union;
“(Q) 1 representative from a port authority;
“(R) 1 representative from a terminal operator;
“(S) representatives of the National Freight Advisory Committee of the Department; and
“(T) representatives of the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine.
“(3) Recommendations.—Not later than 1 year after the date of the enactment of the Transportation for Tomorrow Act of 2015, the working group commissioned under paragraph (2) shall submit its recommendations to the Director.
“(d) Access to Data.—The Director shall ensure that—
“(1) the statistics compiled under this section—
“(A) are readily accessible to the public; and
“(B) are consistent with applicable security constraints and confidentiality interests; and
“(2) the data acquired, regardless of source, shall be protected in accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347).”
Prohibition on Certain Disclosures; Copies of Reports.— Section 6307(b) of such title is amended, by inserting “ or section 6314(b)” after “ section 6302(b)(3)(B)” each place it appears.
Clerical Amendment.— The table of sections for chapter 63 of such title is amended by adding at the end the following:
“6314. Port performance freight statistics program.”.
SEC. 6019. Research Planning.
Findings.— Congress finds that—
Federal transportation research planning—
should be coordinated by the Office of the Secretary; and
should be, to the extent practicable, multimodal and not occur solely within the sub-agencies of the Department;
managing a multimodal research portfolio within the Office of the Secretary will—
help identify opportunities in which research could be applied across modes; and
prevent duplication of efforts and waste of limited Federal resources;
the Assistant Secretary for Research and Technology at the Department of Transportation will—
give stakeholders a formal opportunity to address concerns;
ensure unbiased research; and
improve the overall research products of the Department; and
increasing transparency of transportation research and development efforts will—
build stakeholder confidence in the final product; and
lead to the improved implementation of research findings.
Research Planning.—
In general.— Subtitle III of title 49, United States Code, is amended by inserting after chapter 63 the following:
“CHAPTER 65— RESEARCH PLANNING
“6501. Annual modal research plans.
“6502. Consolidated research database.
“6503. Transportation research and development 5-year strategic plan.
“SEC. 6501. ANNUAL MODAL RESEARCH PLANS.
“(a) Modal Plans Required.—
“(1) In general.—Not later than May 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall submit to the Assistant Secretary for Research and Technology of the Department of Transportation (referred to in this chapter as the ‘Assistant Secretary’) a comprehensive annual modal research plan for the upcoming fiscal year and a detailed outlook for the following fiscal year.
“(2) Relationship to strategic plan.—Each plan submitted under paragraph (1), after the plan required in 2016, shall be consistent with the strategic plan developed under section 6503.
“(b) Review.—
“(1) In general.—Not later than September 1 of each year, the Assistant Secretary, for each plan and outlook submitted pursuant to subsection (a), shall—
“(A) review the scope of the research; and
“(B)
(i) approve the plan and outlook; or
“(ii) request that the plan and outlook be revised and resubmitted for approval.
“(2) Publications.—Not later than January 30 of each year, the Secretary shall publish on a public website each plan and outlook that has been approved under paragraph (1)(B)(i).
“(3) Rejection of duplicative research efforts.—The Assistant Secretary may not approve any plan submitted by the head of a modal administration or joint program office pursuant to subsection (a) if any of the projects described in the plan duplicate significant aspects of research efforts of any other modal administration.
“(c) Funding Limitations.—No funds may be expended by the Department of Transportation on research that has been determined by the Assistant Secretary under subsection (b)(3) to be duplicative unless—
“(1) the research is required by an Act of Congress;
“(2) the research was part of a contract that was funded before the date of enactment of this chapter;
“(3) the research updates previously commissioned research; or
“(4) the Assistant Secretary certifies to Congress that such research is necessary, and provides justification for such certification.
“(d) Certification.—
“(1) In general.—The Secretary shall annually certify to Congress that—
“(A) each modal research plan has been reviewed; and
“(B) there is no duplication of study for research directed, commissioned, or conducted by the Department of Transportation.
“(2) Corrective action plan.—If the Secretary, after submitting a certification under paragraph (1), identifies duplication of research within the Department of Transportation, the Secretary shall—
“(A) notify Congress of the duplicative research; and
“(B) submit to Congress a corrective action plan to eliminate the duplicative research.
“SEC. 6502. CONSOLIDATED RESEARCH DATABASE.
“(a) Research Abstract Database.—
“(1) In general.—The Secretary shall annually publish on a public website a comprehensive database of all research projects conducted by the Department of Transportation, including, to the extent practicable, research funded through University Transportation Centers.
“(2) Contents.—The database published under paragraph (1) shall, to the extent practicable—
“(A) include the consolidated modal research plans approved under section 6501(b)(1)(B)(i);
“(B) describe the research objectives, progress, findings, and allocated funds for each research project;
“(C) identify research projects with multimodal applications;
“(D) specify how relevant modal administrations have assisted, will contribute to, or plan to use the findings from the research projects identified under paragraph (1);
“(E) identify areas in which more than 1 modal administration is conducting research on a similar subject or a subject that has a bearing on more than 1 mode;
“(F) indicate how the findings of research are being disseminated to improve the efficiency, effectiveness, and safety of transportation systems; and
“(G) describe the public and stakeholder input to the research plans submitted under section 6501(a)(1).
“(b) Funding Report.—In conjunction with each of the annual budget requests submitted by the President under section 1105 of title 31, the Secretary shall annually publish on a public website and submit to the appropriate committees of Congress a report that describes—
“(1) the amount spent in the last full fiscal year on transportation research and development with specific descriptions of projects funded at $5,000,000 or more; and
“(2) the amount proposed in the current budget for transportation research and development with specific descriptions of projects funded at $5,000,000 or more.
“(c) Performance Plans and Reports.—In the plans and reports submitted under sections 1115 and 1116 of title 31, the Secretary shall include—
“(1) a summary of the Federal transportation research and development activities for the previous fiscal year in each topic area;
“(2) the amount spent in each topic area;
“(3) a description of the extent to which the research and development is meeting the expectations described in section 6503(c)(1); and
“(4) any amendments to the strategic plan developed under section 6503.
“SEC. 6503. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC PLAN.
“(a) In General.—The Secretary shall develop a 5-year transportation research and development strategic plan to guide future Federal transportation research and development activities.
“(b) Consistency.—The strategic plan developed under subsection (a) shall be consistent with—
“(1) section 306 of title 5;
“(2) sections 1115 and 1116 of title 31; and
“(3) any other research and development plan within the Department of Transportation.
“(c) Contents.—The strategic plan developed under subsection (a) shall—
“(1) describe how the plan furthers the primary purposes of the transportation research and development program, which shall include—
“(A) improving mobility of people and goods;
“(B) reducing congestion;
“(C) promoting safety;
“(D) improving the durability and extending the life of transportation infrastructure;
“(E) preserving the environment; and
“(F) preserving the existing transportation system;
“(2) for each of the purposes referred to in paragraph (1), list the primary proposed research and development activities that the Department of Transportation intends to pursue to accomplish that purpose, which may include—
“(A) fundamental research pertaining to the applied physical and natural sciences;
“(B) applied science and research;
“(C) technology development research; and
“(D) social science research; and
“(3) for each research and development activity—
“(A) identify the anticipated annual funding levels for the period covered by the strategic plan; and
“(B) describe the research findings the Department expects to discover at the end of the period covered by the strategic plan.
“(d) Considerations.—The Secretary shall ensure that the strategic plan developed under this section—
“(1) reflects input from a wide range of external stakeholders;
“(2) includes and integrates the research and development programs of all of the modal administrations of the Department of Transportation, including aviation, transit, rail, and maritime and joint programs;
“(3) takes into account research and development by other Federal, State, local, private sector, and nonprofit institutions;
“(4) not later than December 31, 2016, is published on a public website; and
“(5) takes into account how research and development by other Federal, State, private sector, and nonprofit institutions—
“(A) contributes to the achievement of the purposes identified under subsection (c)(1); and
“(B) avoids unnecessary duplication of those efforts.
“(e) Interim Report.—Not later than 2 ½ years after the date of enactment of this chapter, the Secretary may publish on a public website an interim report that—
“(1) provides an assessment of the 5-year research and development strategic plan of the Department of Transportation described in this section; and
“(2) includes a description of the extent to which the research and development is or is not successfully meeting the purposes described under subsection (c)(1).”
Technical and Conforming Amendment.— The table of chapters for subtitle III of title 49, United States Code, is amended by adding at the end the following:
“63. Bureau of Transportation Statistics 6301
“65. Research planning 6501”.
Technical and Conforming Amendments.—
Chapter 5 of title 23.— Chapter 5 of title 23, United States Code, is amended—
by striking section 508;
in the table of contents, by striking the item relating to section 508;
in section 502—
in subsection (a)(9), by striking “ transportation research and technology development strategic plan developed under section 508” and inserting “ transportation research and development strategic plan under section 6503 of title 49”; and
in subsection (b)(4), by striking “ transportation research and development strategic plan of the Secretary developed under section 508” and inserting “ transportation research and development strategic plan under section 6503 of title 49”; and
in section 512(b), by striking “ as part of the transportation research and development strategic plan developed under section 508”.
Intelligent transportation systems.— The Intelligent Transportation Systems Act of 1998 (23 U.S.C. 502 note; Public Law 105–178) is amended—
in section 5205(b), by striking “ as part of the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23” and inserting “ as part of the transportation research and development strategic plan under section 6503 of title 49”; and
in section 5206(e)(2)(A), by striking “ or the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23” and inserting “ or the transportation research and development strategic plan under section 6503 of title 49”.
Intelligent transportation system research.— Section 5305(h)(3)(A) of SAFETEA–LU (23 U.S.C. 512 note; Public Law 109–59) is amended by striking “ the strategic plan under section 508 of title 23, United States Code” and inserting “ the 5-year strategic plan under 6503 of title 49, United States Code”.
SEC. 6020. Surface Transportation System Funding Alternatives.
In General.— The Secretary shall establish a program to provide grants to States to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the Highway Trust Fund.
Application.— To be eligible for a grant under this section, a State or group of States shall submit to the Secretary an application in such form and containing such information as the Secretary may require.
Objectives.— The Secretary shall ensure that the activities carried out using funds provided under this section meet the following objectives:
To test the design, acceptance, and implementation of 2 or more future user-based alternative revenue mechanisms.
To improve the functionality of such user-based alternative revenue mechanisms.
To conduct outreach to increase public awareness regarding the need for alternative funding sources for surface transportation programs and to provide information on possible approaches.
To provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms.
To minimize the administrative cost of any potential user-based alternative revenue mechanisms.
Use of Funds.— A State or group of States receiving funds under this section to test the design, acceptance, and implementation of a user-based alternative revenue mechanism—
shall address—
the implementation, interoperability, public acceptance, and other potential hurdles to the adoption of the user-based alternative revenue mechanism;
the protection of personal privacy;
the use of independent and private third-party vendors to collect fees and operate the user-based alternative revenue mechanism;
market-based congestion mitigation, if appropriate;
equity concerns, including the impacts of the user-based alternative revenue mechanism on differing income groups, various geographic areas, and the relative burdens on rural and urban drivers;
ease of compliance for different users of the transportation system; and
the reliability and security of technology used to implement the user-based alternative revenue mechanism; and
may address—
the flexibility and choices of user-based alternative revenue mechanisms, including the ability of users to select from various technology and payment options;
the cost of administering the user-based alternative revenue mechanism; and
the ability of the administering entity to audit and enforce user compliance.
Consideration.— The Secretary shall consider geographic diversity in awarding grants under this section.
Limitations on Revenue Collected.— Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code.
Federal Share.— The Federal share of the cost of an activity carried out under this section may not exceed 50 percent of the total cost of the activity.
Report to Secretary.— Not later than 1 year after the date on which the first eligible entity receives a grant under this section, and each year thereafter, each recipient of a grant under this section shall submit to the Secretary a report that describes—
how the demonstration activities carried out with grant funds meet the objectives described in subsection (c); and
lessons learned for future deployment of alternative revenue mechanisms that utilize a user fee structure.
Biennial Reports.— Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter until the completion of the demonstration activities under this section, the Secretary shall make available to the public on an Internet website a report describing the progress of the demonstration activities.
Funding.— Of the funds authorized to carry out section 503(b) of title 23, United States Code—
$15,000,000 shall be used to carry out this section for fiscal year 2016; and
$20,000,000 shall be used to carry out this section for each of fiscal years 2017 through 2020.
Grant Flexibility.— If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications that meet the requirements of this section for a fiscal year, Secretary shall transfer to the program under section 503(b) of title 23, United States Code—
any of the funds reserved for the fiscal year under subsection (j) that the Secretary has not yet awarded under this section; and
an amount of obligation limitation equal to the amount of funds that the Secretary transfers under paragraph (1).
SEC. 6021. Future Interstate Study.
Future Interstate System Study.— Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the Transportation Research Board of the National Academies to conduct a study on the actions needed to upgrade and restore the Dwight D. Eisenhower National System of Interstate and Defense Highways to its role as a premier system that meets the growing and shifting demands of the 21st century.
Methodologies.— In conducting the study, the Transportation Research Board shall build on the methodologies examined and recommended in the report prepared for the American Association of State Highway and Transportation Officials titled “National Cooperative Highway Research Program Project 20–24(79): Specifications for a National Study of the Future 3R, 4R, and Capacity Needs of the Interstate System”, dated December 2013.
Contents of Study.— The study—
shall include specific recommendations regarding the features, standards, capacity needs, application of technologies, and intergovernmental roles to upgrade the Interstate System, including any revisions to law (including regulations) that the Transportation Research Board determines appropriate; and
is encouraged to build on the institutional knowledge in the highway industry in applying the techniques involved in implementing the study.
Considerations.— In carrying out the study, the Transportation Research Board shall determine the need for reconstruction and improvement of the Interstate System by considering—
future demands on transportation infrastructure determined for national planning purposes, including commercial and private traffic flows to serve future economic activity and growth;
the expected condition of the current Interstate System over the period of 50 years beginning on the date of enactment of this Act, including long-term deterioration and reconstruction needs;
features that would take advantage of technological capabilities to address modern standards of construction, maintenance, and operations, for purposes of safety, and system management, taking into further consideration system performance and cost;
those National Highway System routes that should be added to the existing Interstate System to more efficiently serve national traffic flows; and
the resources necessary to maintain and improve the Interstate System, including the resources required to upgrade the National Highway System routes identified in paragraph (4) to Interstate standards.
Consultation.— In carrying out the study, the Transportation Research Board—
shall convene and consult with a panel of national experts, including operators and users of the Interstate System and private sector stakeholders; and
is encouraged to consult with—
the Federal Highway Administration;
States;
planning agencies at the metropolitan, State, and regional levels;
the motor carrier industry;
freight shippers;
highway safety groups; and
other appropriate entities.
Report.— Not later than 3 years after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under this section.
Funding.— From amounts authorized to carry out the Highway Research and Development Program, the Secretary shall use to carry out this section not more than $5,000,000 for fiscal year 2016.
SEC. 6022. Highway Efficiency.
Study.—
In general.— The Secretary may examine the impact of pavement durability and sustainability on vehicle fuel consumption, vehicle wear and tear, road conditions, and road repairs.
Methodology.— In carrying out the study, the Secretary shall—
conduct a thorough review of relevant peer-reviewed research published during at least the past 5 years;
analyze impacts of different types of pavement on all motor vehicle types, including commercial vehicles;
specifically examine the impact of pavement deformation and deflection; and
analyze impacts of different types of pavement on road conditions and road repairs.
Consultation.— In carrying out the study, the Secretary shall consult with—
modal administrations of the Department and other Federal agencies, including the National Institute of Standards and Technology;
State departments of transportation;
industry stakeholders; and
appropriate academic experts.
Report.—
In general.— Not later than 1 year after the date of enactment of this Act, the Secretary shall publish on a public website a report describing the results of the study.
Contents.— The report shall include—
a summary of the different types of pavements analyzed in the study and the impacts of pavement durability and sustainability on safety, vehicle fuel consumption, vehicle wear and tear, road conditions, and road repairs; and
recommendations for State and local governments on best practice methods for improving pavement durability and sustainability to maximize vehicle fuel economy, improve safety, ride quality, and road conditions, and to minimize the need for road and vehicle repairs.
SEC. 6023. Transportation Technology Policy Working Group.
To improve the scientific pursuit and research procedures concerning transportation, the Secretary may convene an interagency working group—
to identify opportunities for coordination between the Department and universities and the private sector; and
to identify and develop a plan to address related workforce development needs.
SEC. 6024. Collaboration and Support.
The Secretary may solicit the support of, and identify opportunities to collaborate with, other Federal research agencies and national laboratories to assist in the effective and efficient pursuit and resolution of research challenges identified by the Secretary.
SEC. 6025. Gao Report.
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—
assesses the status of autonomous transportation technology policy developed by public entities in the United States;
assesses the organizational readiness of the Department to address autonomous vehicle technology challenges, including consumer privacy protections; and
recommends implementation paths for autonomous transportation technology, applications, and policies that are based on the assessment described in paragraph (2).
SEC. 6026. Traffic Congestion.
Congestion Research.— The Secretary may conduct research on the reduction of traffic congestion.
Consideration.— The Secretary may—
recommend research to accelerate the adoption of transportation management systems that allow traffic to flow in the safest and most efficient manner possible while alleviating current and future traffic congestion challenges;
assess and analyze traffic, transit, and freight data from various sources relevant to efforts to reduce traffic congestion so as to maximize mobility, efficiency, and capacity while decreasing congestion and travel times;
examine the use and integration of multiple data types from multiple sources and technologies, including road weather data, arterial and highway traffic conditions, transit vehicle arrival and departure times, real time navigation routing, construction zone information, and reports of incidents, to suggest improvements in effective communication of such data and information in real time;
develop and disseminate suggested strategies and solutions to reduce congestion for high-density traffic regions and to provide mobility in the event of an emergency or natural disaster; and
collaborate with other relevant Federal agencies, State and local agencies, industry and industry associations, and university research centers to fulfill goals and objectives under this section.
Identifying Information.— The Secretary shall ensure that information used pursuant to this section does not contain identifying information of any individual.
Report.— Not later than 1 year after the completion of research under this section, the Secretary may make available on a public website a report on any activities under this section.
SEC. 6027. Smart Cities Transportation Planning Study.
In General.— The Secretary may conduct a study of digital technologies and information technologies, including shared mobility, data, transportation network companies, and on-demand transportation services—
to understand the degree to which cities are adopting those technologies;
to assess future planning, infrastructure, and investment needs; and
to provide best practices to plan for smart cities in which information and technology are used—
to improve city operations;
to grow the local economy;
to improve response in times of emergencies and natural disasters; and
to improve the lives of city residents.
Components.— The study conducted under subsection (a) shall—
identify broad issues that influence the ability of the United States to plan for and invest in smart cities, including barriers to collaboration and access to scientific information; and
review how the expanded use of digital technologies, mobile devices, and information may—
enhance the efficiency and effectiveness of existing transportation networks;
optimize demand management services;
impact low-income and other disadvantaged communities;
assess opportunities to share, collect, and use data;
change current planning and investment strategies; and
provide opportunities for enhanced coordination and planning.
Reporting.— Not later than 18 months after the date of enactment of this Act, the Secretary may publish the report containing the results of the study conducted under subsection (a) to a public website.
SEC. 6028. Performance Management Data Support Program.
Performance Management Data Support.— The Administrator of the Federal Highway Administration shall develop, use, and maintain data sets and data analysis tools to assist metropolitan planning organizations, States, and the Federal Highway Administration in carrying out performance management analyses (including the performance management requirements under section 150 of title 23, United States Code).
Inclusions.— The data analysis activities authorized under subsection (a) may include—
collecting and distributing vehicle probe data describing traffic on Federal-aid highways;
collecting household travel behavior data to assess local and cross-jurisdictional travel, including to accommodate external and through travel;
enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data, so as to better understand trip origin and destination, trip time, and mode;
enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section 150(e) of title 23, United States Code; and
developing tools—
to improve performance analysis; and
to evaluate the effects of project investments on performance.
Funding.— From amounts authorized to carry out the Highway Research and Development Program, the Administrator of the Federal Highway Administration may use up to $10,000,000 for each of fiscal years 2016 through 2020 to carry out this section.
TITLE VII Hazardous Materials Transportation
SEC. 7001. Short Title.
This title may be cited as the “Hazardous Materials Transportation Safety Improvement Act of 2015”.
Subtitle A Authorizations
SEC. 7101. Authorization of Appropriations.
Section 5128 of title 49, United States Code, is amended to read as follows:
Ҥ 5128. Authorization of appropriations
“(a) In General.—There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)—
“(1) $53,000,000 for fiscal year 2016;
“(2) $55,000,000 for fiscal year 2017;
“(3) $57,000,000 for fiscal year 2018;
“(4) $58,000,000 for fiscal year 2019; and
“(5) $60,000,000 for fiscal year 2020.
“(b) Hazardous Materials Emergency Preparedness Fund.—From the Hazardous Materials Emergency Preparedness Fund established under section 5116(h), the Secretary may expend, for each of fiscal years 2016 through 2020—
“(1) $21,988,000 to carry out section 5116(a);
“(2) $150,000 to carry out section 5116(e);
“(3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and
“(4) $1,000,000 to carry out section 5116(i).
“(c) Hazardous Materials Training Grants.—From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $4,000,000 for each of fiscal years 2016 through 2020 to carry out section 5107(e).
“(d) Community Safety Grants.—Of the amounts made available under subsection (a) to carry out this chapter, the Secretary shall withhold $1,000,000 for each of fiscal years 2016 through 2020 to carry out section 5107(i).
“(e) Credits to Appropriations.—
“(1) Expenses.—In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, Indian tribe, authority, or entity.
“(2) Availability of amounts.—Amounts made available under this section shall remain available until expended.”
Subtitle B Hazardous Material Safety and Improvement
SEC. 7201. National Emergency and Disaster Response.
Section 5103 of title 49, United States Code, is amended—
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following:
“(c) Federally Declared Disasters and Emergencies.—
“(1) In general.—The Secretary may by order waive compliance with any part of an applicable standard prescribed under this chapter without prior notice and comment and on terms the Secretary considers appropriate if the Secretary determines that—
“(A) it is in the public interest to grant the waiver;
“(B) the waiver is not inconsistent with the safety of transporting hazardous materials; and
“(C) the waiver is necessary to facilitate the safe 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 reasons for granting the waiver.”
SEC. 7202. Motor Carrier Safety Permits.
Section 5109(h) of title 49, United States Code, is amended to read as follows:
“(h) Limitation on Denial.—The Secretary may not deny a non-temporary permit held by a motor carrier pursuant to this section based on a comprehensive review of that carrier triggered by safety management system scores or out-of-service disqualification standards, unless—
“(1) the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and
“(2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review.”
SEC. 7203. Improving the Effectiveness of Planning and Training Grants.
by redesignating subsections (c) through (k) as subsections (b) through (j), respectively,
by striking subsection (b); and
by striking subsection (a) and inserting the following:
“(a) Planning and Training Grants.—
(1) The Secretary shall make grants to States and Indian tribes—
“(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under the 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 if—
“(i) 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) the State or Indian tribe conducts at least one on-site observation of the training each year.
“(6) The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response planning and training. In making a decision about those needs, the Secretary shall consider—
“(A) the number of hazardous material facilities in the State or on land under the jurisdiction of the Indian tribe;
“(B) the types and amounts of hazardous material transported in the State or on such land;
“(C) whether the State or Indian tribe imposes and collects a fee for transporting hazardous material;
“(D) whether such fee is used only to carry out a purpose related to transporting hazardous material;
“(E) the past record of the State or Indian tribe in effectively managing planning and training grants; and
“(F) any other factors the Secretary determines are appropriate to carry out this subsection.”
Technical and Conforming Amendments.—
Section 5108(g) of title 49, United States Code, is amended by striking “ 5116(i)” each place it appears and inserting “ 5116(h)”.
Section 5116 of such title is amended—
in subsection (d), as so redesignated, by striking “ subsections (a)(2)(A) and (b)(2)(A)” and inserting “ subsection (a)(3)(A)”;
in subsection (h), as so redesignated—
in paragraph (1) by inserting “ and section 5107(e)” after “ section”;
in paragraph (2) by striking “ (f)” and inserting “ (e)”; and
in paragraph (4) by striking “ 5108(g)(2) and 5115” and inserting “ 5107(e) and 5108(g)(2)”;
in subsection (i), as so redesignated, by striking “ subsection (b)” and inserting “ subsection (a)”; and
in subsection (j), as so redesignated—
by striking “ planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107” and inserting “ planning and training grants under subsection (a) and grants under subsection (i) of this section and under subsections (e) and (i) of section 5107”; and
by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), respectively.
Savings Clause.— Nothing in this section may be construed to prohibit the Secretary from recovering and deobligating funds from grants that are not managed or expended in compliance with a grant agreement.
SEC. 7204. Improving Publication of Special Permits and Approvals.
Section 5117 of title 49, United States Code, is amended—
in subsection (b)—
by striking “ an application for a special permit” and inserting “ an application for a new special permit or a modification to an existing special permit”; and
by inserting after the second sentence the following: “ The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days.”; and
in subsection (c)—
by striking “ publish” and inserting “ make available to the public”;
by striking “ in the Federal Register”;
by striking “ 180” and inserting “ 120”; and
by striking “ the special permit” each place it appears and inserting “ a special permit or approval”; and
by adding at the end the following:
“(g) Disclosure of Final Action.—The Secretary shall periodically, but at least every 120 days—
“(1) publish in the Federal Register notice of the final disposition of each application for a new special permit, 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.”
SEC. 7205. Enhanced Reporting.
Section 5121(h) of title 49, United States Code, is amended by striking “ transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” and inserting “ make available to the public on the Department of Transportation’s Internet Web site”.
SEC. 7206. Wetlines.
Withdrawal.— Not later than 30 days after the date of enactment of this Act, the Secretary shall withdraw the proposed rule described in the notice of proposed rulemaking issued on January 27, 2011, entitled “Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids” (76 Fed. Reg. 4847).
Savings Clause.— Nothing in this section shall prohibit the Secretary from issuing standards or regulations regarding the safety of external product piping on cargo tanks transporting flammable liquids after the withdrawal is carried out pursuant to subsection (a).
SEC. 7207. Gao Study on Acceptance of Classification Examinations.
In General.— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall evaluate and transmit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on the standards, metrics, and protocols that the Secretary uses to regulate the performance of persons approved to recommend hazard classifications pursuant to section 173.56(b) of title 49, Code of Federal Regulations (commonly referred to as “third-party labs”).
Evaluation.— The evaluation required under subsection (a) shall—
identify what standards and protocols are used to approve such persons, assess the adequacy of such standards and protocols to ensure that persons seeking approval are qualified and capable of performing classifications, and make recommendations to address any deficiencies identified;
assess the adequacy of the Secretary’s oversight of persons approved to perform the classifications, including the qualification of individuals engaged in the oversight of approved persons, and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required;
identify what standards and protocols exist to rescind, suspend, or deny approval of persons who perform such classifications, assess the adequacy of such standards and protocols, and make recommendations to enhance such standards and protocols if necessary; and
include annual data for fiscal years 2005 through 2015 on the number of applications received for new classifications pursuant to section 173.56(b) of title 49, Code of Federal Regulations, of those applications how many classifications recommended by persons approved by the Secretary were changed to another classification and the reasons for the change, and how many hazardous materials incidents have been attributed to a classification recommended by such approved persons in the United States.
Action Plan.— Not later than 180 days after receiving the report required under subsection (a), the Secretary shall make available to the public a plan describing any actions the Secretary will take to establish standards, metrics, and protocols based on the findings and recommendations in the report to ensure that persons approved to perform classification examinations required under section 173.56(b) of title 49, Code of Federal Regulations, can sufficiently perform such examinations in a manner that meets the hazardous materials regulations.
Regulations.— If the report required under subsection (a) recommends new regulations in order for the Secretary to have confidence in the accuracy of classification recommendations rendered by persons approved to perform classification examinations required under section 173.56(b) of title 49, Code of Federal Regulations, the Secretary shall consider such recommendations, and if determined appropriate, issue regulations to address the recommendations not later than 18 months after the date of the publication of the plan under subsection (c).
SEC. 7208. Hazardous Materials Endorsement Exemption.
The Secretary shall allow a State, at the discretion of the State, to waive the requirement for a holder of a Class A commercial driver’s license to obtain a hazardous materials endorsement under part 383 of title 49, Code of Federal Regulations, if the license holder—
is acting within the scope of the license holder’s employment as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and
is operating a service vehicle that is—
transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less; and
clearly marked with a “flammable” or “combustible” placard, as appropriate.
Subtitle C Safe Transportation of Flammable Liquids by Rail
SEC. 7301. Community Safety Grants.
Section 5107 of title 49, United States Code, is amended by adding at the end the following:
“(i) Community Safety Grants.—The Secretary shall establish a competitive program for making grants to nonprofit organizations for—
“(1) conducting national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; and
“(2) training State and local personnel responsible for enforcing the safe transportation of hazardous materials, including Class 3 flammable liquids.”
SEC. 7302. Real-Time Emergency Response Information.
In General.— Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with appropriate Federal agencies, shall issue regulations that—
require a Class I railroad transporting hazardous materials—
to generate accurate, real-time, and electronic train consist information, including—
the identity, quantity, and location of hazardous materials on a train;
the point of origin and destination of the train;
any emergency response information or resources required by the Secretary; and
an emergency response point of contact designated by the Class I railroad; and
to enter into a memorandum of understanding with each applicable fusion center to provide the fusion center with secure and confidential access to the electronic train consist information described in subparagraph (A) for each train transporting hazardous materials in the jurisdiction of the fusion center;
require each applicable fusion center to provide the electronic train consist information described in paragraph (1)(A) to State and local first responders, emergency response officials, and law enforcement personnel that are involved in the response to or investigation of an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials and that request such electronic train consist information;
require each Class I railroad to provide advanced notification and information on high-hazard flammable trains to each State emergency response commission, consistent with the notification content requirements in Emergency Order Docket No. DOT–OST–2014–0067, including—
a reasonable estimate of the number of implicated trains that are expected to travel, per week, through each county within the applicable State;
updates to such estimate prior to making any material changes to any volumes or frequencies of trains traveling through a county;
identification and a description of the Class 3 flammable liquid being transported on such trains;
applicable emergency response information, as required by regulation;
identification of the routes over which such liquid will be transported; and
a point of contact at the Class I railroad responsible for serving as the point of contact for State emergency response centers and local emergency responders related to the Class I railroad’s transportation of such liquid.
require each applicable State emergency response commission to provide to a political subdivision of a State, or public agency responsible for emergency response or law enforcement, upon request of the political subdivision or public agency, the information the commission receives from a Class I railroad pursuant to paragraph (3), including, for any such political subdivision or public agency responsible for emergency response or law enforcement that makes an initial request for such information, any updates received by the State emergency response commission.
prohibit any Class I railroad, employee, or agent from withholding, or causing to be withheld, the train consist information from first responders, emergency response officials, and law enforcement personnel described in paragraph (2) in the event of an incident, accident, or public health or safety emergency involving the rail transportation of hazardous materials;
establish security and confidentiality protections, including protections from the public release of proprietary information or security-sensitive information, to prevent the release to unauthorized persons any electronic train consist information or advanced notification or information provided by Class I railroads under this section; and
allow each Class I railroad to enter into a memorandum of understanding with any Class II railroad or Class III railroad that operates trains over the Class I railroad’s line to incorporate the Class II railroad or Class III railroad’s train consist information within the existing framework described in paragraph (1).
Definitions.— In this section:
Applicable fusion center.— The term “applicable fusion center” means a fusion center with responsibility for a geographic area in which a Class I railroad operates.
Class i railroad; class ii railroad; class iii railroad.— The terms “Class I railroad”, “Class II railroad”, and “Class III railroad” have the meaning given those terms in section 20102 of title 49, United States Code.
Class 3 flammable liquid.— The term “Class 3 flammable liquid” has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations.
Fusion center.— The term “fusion center” has the meaning given the term in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)).
Hazardous material.— The term “hazardous material” means a substance or material the Secretary designates as hazardous under section 5103 of title 49, United States Code.
High-hazard flammable train.— The term “high-hazard flammable train” means a single train transporting 20 or more tank cars loaded with a Class 3 flammable liquid in a continuous block or a single train transporting 35 or more tank cars loaded with a Class 3 flammable liquid throughout the train consist.
Train consist.— The term “train consist” includes, with regard to a specific train, the number of rail cars and the commodity transported by each rail car.
Savings Clause.— Nothing in this section may be construed to prohibit a Class I railroad from voluntarily entering into a memorandum of understanding, as described in subsection (a)(1)(B), with a State emergency response commission or an entity representing or including first responders, emergency response officials, and law enforcement personnel.
SEC. 7303. Emergency Response.
In General.— The Comptroller General of the United States shall conduct a study to determine whether limitations or weaknesses exist in the emergency response information carried by train crews transporting hazardous materials.
Contents.— In conducting the study under subsection (a), the Comptroller General shall evaluate the differences between the emergency response information carried by train crews transporting hazardous materials and the emergency response guidance provided in the Emergency Response Guidebook issued by the Department of Transportation.
Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report of the findings of the study under subsection (a) and any recommendations for legislative action.
SEC. 7304. Phase-Out of All Tank Cars Used to Transport Class 3 Flammable Liquids.
In General.— Except as provided for in subsection (b), beginning on the date of enactment of this Act, all DOT–111 specification railroad tank cars used to transport Class 3 flammable liquids shall meet the DOT–117, DOT–117P, or DOT–117R specifications in part 179 of title 49, Code of Federal Regulations, regardless of train composition.
Phase-Out Schedule.— Certain tank cars not meeting DOT–117, DOT–117P, or DOT–117R specifications on the date of enactment of this Act may be used, regardless of train composition, until the following end-dates:
For transport of unrefined petroleum products in Class 3 flammable service, including crude oil—
January 1, 2018, for non-jacketed DOT–111 tank cars;
March 1, 2018, for jacketed DOT–111 tank cars;
April 1, 2020, for non-jacketed CPC–1232 tank cars; and
May 1, 2025, for jacketed CPC–1232 tank cars.
For transport of ethanol—
May 1, 2023, for non-jacketed and jacketed DOT–111 tank cars;
July 1, 2023, for non-jacketed CPC–1232 tank cars; and
May 1, 2025, for jacketed CPC–1232 tank cars.
For transport of Class 3 flammable liquids in Packing Group I, other than Class 3 flammable liquids specified in paragraphs (1) and (2), May 1, 2025.
For transport of Class 3 flammable liquids in Packing Groups II and III, other than Class 3 flammable liquids specified in paragraphs (1) and (2), May 1, 2029.
Retrofitting Shop Capacity.— The Secretary may extend the deadlines established under paragraphs (3) and (4) of subsection (b) for a period not to exceed 2 years if the Secretary determines that insufficient retrofitting shop capacity will prevent the phase-out of tank cars not meeting the DOT–117, DOT–117P, or DOT–117R specifications by the deadlines set forth in such paragraphs.
Conforming Regulatory Amendments.—
In general.— Immediately after the date of enactment of this section, the Secretary—
shall remove or revise the date-specific deadlines in any applicable regulations or orders to the extent necessary to conform with the requirements of this section; and
may not enforce any such date-specific deadlines or requirements that are inconsistent with the requirements of this section.
Implementation.— Nothing in this section shall be construed to require the Secretary to issue regulations, except as required under paragraph (1), to implement this section.
Savings Clause.— Nothing in this section shall be construed to prohibit the Secretary from implementing the final rule issued on May 08, 2015, entitled “Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains” (80 Fed. Reg. 26643), other than the provisions of the final rule that are inconsistent with this section.
Class 3 Flammable Liquid Defined.— In this section, the term “Class 3 flammable liquid” has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations.
SEC. 7305. Thermal Blankets.
Requirements.— Not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to require that each tank car built to meet the DOT–117 specification and each non-jacketed tank car modified to meet the DOT–117R specification be equipped with an insulating blanket with at least ½-inch-thick material that has been approved by the Secretary pursuant to section 179.18(c) of title 49, Code of Federal Regulations.
Savings Clause.— Nothing in this section shall prohibit the Secretary from approving new or alternative technologies or materials as they become available that provide a level of safety at least equivalent to the level of safety provided for under subsection (a).
SEC. 7306. Minimum Requirements for Top Fittings Protection for Class Dot–117r Tank Cars.
Protective Housing.— Except as provided in subsections (b) and (c), top fittings on DOT specification 117R tank cars shall be located inside a protective housing not less than ½-inch in thickness and constructed of a material having a tensile strength not less than 65 kilopound per square inch and conform to the following specifications:
The protective housing shall be as tall as the tallest valve or fitting involved and the height of a valve or fitting within the protective housing must be kept to the minimum compatible with their proper operation.
The protective housing or cover may not reduce the flow capacity of the pressure relief device below the minimum required.
The protective housing shall provide a means of drainage with a minimum flow area equivalent to six 1-inch diameter holes.
When connected to the nozzle or fittings cover plate and subject to a horizontal force applied perpendicular to and uniformly over the projected plane of the protective housing, the tensile connection strength of the protective housing shall be designed to be—
no greater than 70 percent of the nozzle to tank tensile connection strength;
no greater than 70 percent of the cover plate to nozzle connection strength; and
no less than either 40 percent of the nozzle to tank tensile connection strength or the shear strength of twenty ½-inch bolts.
Pressure Relief Devices.—
The pressure relief device shall be located inside the protective housing, unless space does not permit. If multiple pressure relief devices are equipped, no more than 1 may be located outside of a protective housing.
The highest point on any pressure relief device located outside of a protective housing may not be more than 12 inches above the tank jacket.
The highest point on the closure of any unused pressure relief device nozzle may not be more than 6 inches above the tank jacket.
Alternative Protection.— As an alternative to the protective housing requirements in subsection (a) of this section, the tank car may be equipped with a system that prevents the release of product from any top fitting in the case of an incident where any top fitting would be sheared off.
Implementation.— Nothing in this section shall be construed to require the Secretary to issue regulations to implement this section.
Savings Clause.— Nothing in this section shall prohibit the Secretary from approving new technologies, methods or requirements that provide a level of safety equivalent to or greater than the level of safety provided for in this section.
SEC. 7307. Rulemaking on Oil Spill Response Plans.
The Secretary shall, not later than 30 days after the date of enactment of this Act and every 90 days thereafter until a final rule based on the advanced notice of proposed rulemaking issued on August 1, 2014, entitled “Hazardous Materials: Oil Spill Response Plans for High-Hazard Flammable Trains” (79 Fed. Reg. 45079) is promulgated, notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate in writing of—
the status of such rulemaking;
any reasons why such final rule has not been implemented;
a plan for completing such final rule as soon as practicable; and
the estimated date of completion of such final rule.
SEC. 7308. Modification Reporting.
In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall implement a reporting requirement to monitor industry-wide progress toward modifying rail tank cars used to transport Class 3 flammable liquids by the applicable deadlines established in section 7304.
Tank Car Data.— The Secretary shall collect data from shippers and rail tank car owners on—
the total number of tank cars modified to meet the DOT–117R specification, or equivalent, specifying—
the type or specification of each tank car before it was modified, including non-jacketed DOT–111, jacketed DOT–111, non-jacketed DOT–111 meeting the CPC–1232 standard, or jacketed DOT–111 meeting the CPC–1232 standard; and
the identification number of each Class 3 flammable liquid carried by each tank car in the past year;
the total number of tank cars built to meet the DOT–117 specification, or equivalent; and
the total number of tank cars used or likely to be used to transport Class 3 flammable liquids that have not been modified, specifying—
the type or specification of each tank car not modified, including the non-jacketed DOT–111, jacketed DOT–111, non-jacketed DOT–111 meeting the CPC–1232 standard, or jacketed DOT–111 meeting the CPC–1232 standard; and
the identification number of each Class 3 flammable liquid carried by each tank car in the past year.
Tank Car Shop Data.— The Secretary shall conduct a survey of tank car facilities modifying tank cars to the DOT–117R specification, or equivalent, or building new tank cars to the DOT–117 specification, or equivalent, to generate statistically- valid estimates of the anticipated number of tank cars those facilities expect to modify to DOT–117R specification, or equivalent, or build to the DOT–117 specification, or equivalent.
Frequency.— The Secretary shall collect the data under subsection (b) and conduct the survey under subsection (c) annually until May 1, 2029.
Information Protections.—
In general.— The Secretary shall only report data in industry-wide totals and shall treat company-specific information as confidential business information.
Level of confidentiality.— The Secretary shall ensure the data collected under subsection (b) and the survey data under subsection (c) have the same level of confidentiality as required by the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as administered by the Bureau of Transportation Statistics.
Designee.— The Secretary may—
designate the Director of the Bureau of Transportation Statistics to collect data under subsection (b) and the survey data under subsection (c); and
direct the Director to ensure the confidentially of company-specific information to the maximum extent permitted by law.
Report.— Each year, not later than 60 days after the date that both the collection of the data under subsection (b) and the survey under subsection (c) are complete, the Secretary shall submit a written report on the aggregate results, without company-specific information, to—
the Committee on Commerce, Science, and Transportation of the Senate; and
the Committee on Transportation and Infrastructure of the House of Representatives.
Definition of Class 3 Flammable Liquid.— In this section, the term “Class 3 flammable liquid” has the meaning given the term flammable liquid in section 173.120 of title 49, Code of Federal Regulations.
SEC. 7309. Report on Crude Oil Characteristics Research Study.
Not later than 180 days after the research completion of the comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study at Sandia National Laboratories, the Secretary of Energy, in cooperation with the Secretary of Transportation, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives that contains—
the results of the comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study; and
recommendations, based on the findings of the study, for—
regulations by the Secretary of Transportation or the Secretary of Energy to improve the safe transport of crude oil; and
legislation to improve the safe transport of crude oil.
SEC. 7310. Hazardous Materials by Rail Liability Study.
In General.— Not later than 120 days after the date of enactment of this Act, the Secretary shall initiate a study on the levels and structure of insurance for railroad carriers transporting hazardous materials.
Contents.— ln conducting the study under subsection (a), the Secretary shall evaluate—
the level and structure of insurance, including self-insurance, available in the private market against the full liability potential for damages arising from an accident or incident involving a train transporting hazardous materials;
the level and structure of insurance that would be necessary and appropriate—
to efficiently allocate risk and financial responsibility for claims; and
to ensure that a railroad carrier transporting hazardous materials can continue to operate despite the risk of an accident or incident; and
the potential applicability, for a train transporting hazardous materials, of an alternative insurance model, including—
a secondary liability coverage pool or pools to supplement commercial insurance; and
other models administered by the Federal Government.
Report.— Not later than 1 year after the date the study under subsection (a) is initiated, the Secretary shall submit a report containing the results of the study and recommendations for addressing liability issues with rail transportation of hazardous materials to—
the Committee on Commerce, Science, and Transportation of the Senate; and
the Committee on Transportation and Infrastructure of the House of Representatives.
Definitions.— ln this section:
Hazardous material.— The term “hazardous material” means a substance or material the Secretary designates as hazardous under section 5103 of title 49, United States Code.
Railroad carrier.— The term “railroad carrier” has the meaning given the term in section 20102 of title 49, United States Code.
SEC. 7311. Study and Testing of Electronically Controlled Pneumatic Brakes.
Government Accountability Office Study.—
In general.— The Comptroller General of the United States shall conduct an independent evaluation of ECP brake systems, pilot program data, and the Department’s research and analysis on the costs, benefits, and effects of ECP brake systems.
Study elements.— In completing the independent evaluation under paragraph (1), the Comptroller General shall examine the following issues related to ECP brake systems:
Data and modeling results on safety benefits relative to conventional brakes and to other braking technologies or systems, such as distributed power and 2-way end-of-train devices.
Data and modeling results on business benefits, including the effects of dynamic braking.
Data on costs, including up-front capital costs and on-going maintenance costs.
Analysis of potential operational benefits and challenges, including the effects of potential locomotive and car segregation, technical reliability issues, and network disruptions.
Analysis of potential implementation challenges, including installation time, positive train control integration complexities, component availability issues, and tank car shop capabilities.
Analysis of international experiences with the use of advanced braking technologies.
Report.— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the independent evaluation under paragraph (1).
Emergency Braking Application Testing.—
In general.— The Secretary shall enter into an agreement with the National Academy of Sciences to—
complete testing of ECP brake systems during emergency braking application, including more than 1 scenario involving the uncoupling of a train with 70 or more DOT–117 specification or DOT–117R specification tank cars; and
transmit, not later than 18 months after the date of enactment of this Act, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the testing.
Independent experts.— In completing the testing under paragraph (1)(A), the National Academy of Sciences may contract with 1 or more engineering or rail experts, as appropriate, that—
are not railroad carriers, entities funded by such carriers, or entities directly impacted by the final rule issued on May 8, 2015, entitled “Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains” (80 Fed. Reg. 26643); and
have relevant experience in conducting railroad safety technology tests or similar crash tests.
Testing framework.— In completing the testing under paragraph (1), the National Academy of Sciences and each contractor described in paragraph (2) shall ensure that the testing objectively, accurately, and reliably measures the performance of ECP brake systems relative to other braking technologies or systems, such as distributed power and 2-way end-of-train devices, including differences in—
the number of cars derailed;
the number of cars punctured;
the measures of in-train forces; and
the stopping distance.
Funding.— The Secretary shall provide funding, as part of the agreement under paragraph (1), to the National Academy of Sciences for the testing required under this section—
using sums made available to carry out sections 20108 and 5118 of title 49, United States Code; and
to the extent funding under subparagraph (A) is insufficient or unavailable to fund the testing required under this section, using such sums as are necessary from the amounts appropriated to the Secretary, the Federal Railroad Administration, or the Pipeline and Hazardous Materials Safety Administration, or a combination thereof.
Equipment.—
Receipt.— The National Academy of Sciences and each contractor described in paragraph (2) may receive or use rolling stock, track, and other equipment or infrastructure from a railroad carrier or other private entity for the purposes of conducting the testing required under this section.
Contracted use.— Notwithstanding paragraph (2)(A), to facilitate testing, the National Academy of Sciences and each contractor may contract with a railroad carrier or any other private entity for the use of such carrier or entity’s rolling stock, track, or other equipment and receive technical assistance on their use.
Evidence-Based Approach.—
Analysis.— The Secretary shall—
not later than 90 days after the report date, fully incorporate the results of the evaluation under subsection (a) and the testing under subsection (b) and update the regulatory impact analysis of the final rule described in subsection (b)(2)(A) of the costs, benefits, and effects of the applicable ECP brake system requirements;
as soon as practicable after completion of the updated analysis under subparagraph (A), solicit public comment in the Federal Register on the analysis for a period of not more than 30 days; and
not later than 60 days after the end of the public comment period under subparagraph (B), post the final updated regulatory impact analysis on the Department of Transportation’s Internet Web site.
Determination.— Not later than 2 years after the date of enactment of this Act, the Secretary shall—
determine, based on whether the final regulatory impact analysis described in paragraph (1)(C) demonstrates that the benefits, including safety benefits, of the applicable ECP brake system requirements exceed the costs of such requirements, whether the applicable ECP brake system requirements are justified;
if the applicable ECP brake system requirements are justified, publish in the Federal Register the determination and reasons for such determination; and
if the Secretary does not publish the determination under subparagraph (B), repeal the applicable ECP brake system requirements.
Savings clause.— Nothing in this section shall be construed to prohibit the Secretary from implementing the final rule described under subsection (b)(2)(A) prior to the determination required under subsection (c)(2) of this section, or require the Secretary to promulgate a new rule on the provisions of such final rule, other than on the applicable ECP brake system requirements, if the Secretary does not determine that the applicable ECP brake system requirements are justified pursuant to this subsection.
Definitions.— In this section, the following definitions apply:
Applicable ecp brake system requirements.— The term “applicable ECP brake system requirements” means sections 174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202–10, 179.202–12(g), and 179.202–13(i) of title 49, Code of Federal Regulations, and any other regulation in effect on the date of enactment of this Act requiring the installation of ECP brakes or operation in ECP brake mode.
Class 3 flammable liquid.— The term “Class 3 flammable liquid” has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations.
ECP.— The term “ECP” means electronically controlled pneumatic when applied to a brake or brakes.
ECP brake mode.— The term “ECP brake mode” includes any operation of a rail car or an entire train using an ECP brake system.
ECP brake system.—
In general.— The term “ECP brake system” means a train power braking system actuated by compressed air and controlled by electronic signals from the locomotive or an ECP–EOT to the cars in the consist for service and emergency applications in which the brake pipe is used to provide a constant supply of compressed air to the reservoirs on each car but does not convey braking signals to the car.
Inclusions.— The term “ECP brake system” includes dual mode and stand-alone ECP brake systems.
Railroad carrier.— The term “railroad carrier” has the meaning given the term in section 20102 of title 49, United States Code.
Report date.— The term “report date” means the date that the reports under subsections (a)(3) and (b)(1)(B) are required to be transmitted pursuant to those subsections.
TITLE VIII Multimodal Freight Transportation
SEC. 8001. Multimodal Freight Transportation.
In General.— Subtitle IX of title 49, United States Code, is amended to read as follows:
“Subtitle IX— Multimodal Freight Transportation
“701. Multimodal freight policy 70101
“702. Multimodal freight transportation planning and information 70201
“CHAPTER 701— MULTIMODAL FREIGHT POLICY
“70101. National multimodal freight policy.
“70102. National freight strategic plan.
“70103. National Multimodal Freight Network.
Ҥ 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 and productivity of the National Multimodal Freight Network;
“(6) to improve the reliability of freight transportation;
“(7) to improve the short- and long-distance movement of goods that—
“(A) travel across rural areas between population centers;
“(B) travel between rural areas and population centers; and
“(C) travel from the Nation’s ports, airports, and gateways to the National Multimodal Freight Network;
“(8) to improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to increase the ability of States to address multimodal freight connectivity;
“(9) to reduce the adverse environmental impacts of freight movement on the National Multimodal Freight Network; and
“(10) to pursue the goals described in this subsection in a manner that is not burdensome to State and local governments.
“(c) Implementation.—The Under Secretary of Transportation for Policy, who shall be responsible for the oversight and implementation of the national multimodal freight policy, shall—
“(1) carry out sections 70102 and 70103;
“(2) assist with the coordination of modal freight planning; and
“(3) identify interagency data sharing opportunities to promote freight planning and coordination.
Ҥ 70102. National freight strategic plan
“(a) In General.—Not later than 2 years after the date of enactment of this section, the Under Secretary of Transportation for Policy shall—
“(1) develop a national freight strategic plan in accordance with this section; and
“(2) publish the plan on the public Internet Web site of the Department of Transportation.
“(b) Contents.—The national freight strategic plan shall include—
“(1) an assessment of the condition and performance of the National Multimodal Freight Network established under section 70103;
“(2) forecasts of freight volumes for the succeeding 5-, 10-, and 20-year periods;
“(3) an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators;
“(4) an identification of bottlenecks on the National Multimodal Freight Network that create significant freight congestion, based on a quantitative methodology developed by the Under Secretary, which shall include, at a minimum—
“(A) information from the Freight Analysis Framework of the Federal Highway Administration; and
“(B) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any 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) a process for addressing multistate projects and encouraging jurisdictions to collaborate;
“(7) strategies to improve freight intermodal connectivity;
“(8) an identification of corridors providing access to energy exploration, development, installation, or production areas;
“(9) an identification of corridors providing access to major areas for manufacturing, agriculture, or natural resources;
“(10) an identification of best practices for improving the performance of the National Multimodal Freight Network, including critical commerce corridors and rural and urban access to critical freight corridors; and
“(11) an identification of best practices to mitigate the impacts of freight movement on communities.
“(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 Under Secretary shall update the plan and publish the updated plan on the public Internet Web site of the Department of Transportation.
“(d) Consultation.—The Under Secretary shall develop and update the national freight strategic plan—
“(1) after providing notice and an opportunity for public comment; and
“(2) in consultation with State departments of transportation, metropolitan planning organizations, and other appropriate public and private transportation stakeholders.
Ҥ 70103. National Multimodal Freight Network
“(a) In General.—The Under Secretary of Transportation for Policy shall establish a National Multimodal Freight Network in accordance with this section—
“(1) to assist States in strategically directing resources toward improved system performance for the efficient movement of freight on the Network;
“(2) to inform freight transportation planning;
“(3) to assist in the prioritization of Federal investment; and
“(4) to assess and support Federal investments to achieve the national multimodal freight policy goals described in section 70101(b) of this title and the national highway freight program goals described in section 167 of title 23.
“(b) Interim Network.—
“(1) In general.—Not later than 180 days after the date of enactment of this section, the Under Secretary shall establish an interim National Multimodal Freight Network in accordance with this subsection.
“(2) Network components.—The interim National Multimodal Freight Network shall include—
“(A) the National Highway Freight Network, as established under section 167 of title 23;
“(B) the freight rail systems of Class I railroads, as designated by the Surface Transportation Board;
“(C) the public ports of the United States that have total annual foreign and domestic trade of at least 2,000,000 short tons, as identified by the Waterborne Commerce Statistics Center of the Army Corps of Engineers, using the data from the latest year for which such data is available;
“(D) the inland and intracoastal waterways of the United States, as described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804);
“(E) the Great Lakes, the St. Lawrence Seaway, and coastal and ocean routes along which domestic freight is transported;
“(F) the 50 airports located in the United States with the highest annual landed weight, as identified by the Federal Aviation Administration; and
“(G) other strategic freight assets, including strategic intermodal facilities and freight rail lines of Class II and Class III railroads, designated by the Under Secretary as critical to interstate commerce.
“(c) Final Network.—
“(1) In general.—Not later than 1 year after the date of enactment of this section, the Under Secretary, after soliciting input from stakeholders, including multimodal freight system users, transportation providers, metropolitan planning organizations, local governments, ports, airports, railroads, and States, through a public process to identify critical freight facilities and corridors, including critical commerce corridors, that are vital to achieve the national multimodal freight policy goals described in section 70101(b) of this title and the national highway freight program goals described in section 167 of title 23, and after providing notice and an opportunity for comment on a draft system, shall designate a National Multimodal Freight Network with the goal of—
“(A) improving network and intermodal connectivity; and
“(B) using measurable data as part of the assessment of the significance of freight movement, including the consideration of points of origin, destinations, and linking components of domestic and international supply chains.
“(2) Factors.—In designating or redesignating the National Multimodal Freight Network, the Under Secretary shall consider—
“(A) origins and destinations of freight movement within, to, and from the United States;
“(B) volume, value, tonnage, and the strategic importance of freight;
“(C) access to border crossings, airports, seaports, and pipelines;
“(D) economic factors, including balance of trade;
“(E) access to major areas for manufacturing, agriculture, or natural resources;
“(F) access to energy exploration, development, installation, and production areas;
“(G) intermodal links and intersections that promote connectivity;
“(H) freight choke points and other impediments contributing to significant measurable congestion, delay in freight movement, or inefficient modal connections;
“(I) impacts on all freight transportation modes and modes that share significant freight infrastructure;
“(J) facilities and transportation corridors identified by a multi-State coalition, a State, a State freight advisory committee, or a metropolitan planning organization, using national or local data, as having critical freight importance to the region;
“(K) major distribution centers, inland intermodal facilities, and first- and last-mile facilities; and
“(L) the significance of goods movement, including consideration of global and domestic supply chains.
“(3) Considerations.—In designating or redesignating the National Multimodal Freight Network, the Under Secretary shall—
“(A) use, to the extent practicable, measurable data to assess the significance of goods movement, including the consideration of points of origin, destinations, and linking components of the United States global and domestic supply chains;
“(B) consider—
“(i) the factors described in paragraph (2); and
“(ii) any changes in the economy that affect freight transportation network demand; and
“(C) provide the States with an opportunity to submit proposed designations in accordance with paragraph (4).
“(4) State input.—
“(A) In general.—Each State that proposes additional designations for the National Multimodal Freight Network shall—
“(i) consider nominations for additional designations from metropolitan planning organizations and State freight advisory committees, as applicable, within the State;
“(ii) consider nominations for additional designations from owners and operators of port, rail, pipeline, and airport facilities; and
“(iii) ensure that additional designations are consistent with the State transportation improvement program or freight plan.
“(B) Critical rural freight facilities and corridors.—As part of the designations under subparagraph (A), a State may designate a freight facility or corridor within the borders of the State as a critical rural freight facility or corridor if the facility or corridor—
“(i) is a rural principal arterial;
“(ii) provides access or service to energy exploration, development, installation, or production areas;
“(iii) provides access or service to—
“(I) a grain elevator;
“(II) an agricultural facility;
“(III) a mining facility;
“(IV) a forestry facility; or
“(V) an intermodal facility;
“(iv) connects to an international port of entry;
“(v) provides access to a significant air, rail, water, or other freight facility in the State; or
“(vi) has been determined by the State to be vital to improving the efficient movement of freight of importance to the economy of the State.
“(C) Limitation.—
“(i) In general.—A State may propose additional designations to the National Multimodal Freight Network in the State in an amount that is not more than 20 percent of the total mileage designated by the Under Secretary in the State.
“(ii) Determination by under secretary.—The Under Secretary shall determine how to apply the limitation under clause (i) to the components of the National Multimodal Freight Network.
“(D) Submission and certification.—A State shall submit to the Under Secretary—
“(i) a list of any additional designations proposed to be added under this paragraph; and
“(ii) a certification that—
“(I) the State has satisfied the requirements of subparagraph (A); and
“(II) the designations referred to in clause (i) address the factors for designation described in this subsection.
“(d) Redesignation of National Multimodal Freight Network.—Not later than 5 years after the initial designation under subsection (c), and every 5 years thereafter, the Under Secretary, using the designation factors described in subsection (c), shall redesignate the National Multimodal Freight Network.
“CHAPTER 702— MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION
“70201. State freight advisory committees.
“70202. State freight plans.
“70203. Transportation investment data and planning tools.
“70204. Savings provision.
Ҥ 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.
Ҥ 70202. State freight plans
“(a) In General.—Each State that receives funding under section 167 of title 23 shall develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight.
“(b) Plan Contents.—A State freight plan described in 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) when applicable, a listing of—
“(A) multimodal critical rural freight facilities and corridors designated within the State under section 70103 of this title; and
“(B) critical rural and urban freight corridors designated within the State under section 167 of title 23;
“(4) a description of how the plan will improve the ability of the State to meet the national multimodal freight policy goals described in section 70101(b) of this title and the national highway freight program goals described in section 167 of title 23;
“(5) a description of how innovative technologies and operational strategies, including freight intelligent transportation systems, that improve the safety and efficiency of freight movement, were considered;
“(6) in the case of roadways on which travel by heavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of the roadways, a description of improvements that may be required to reduce or impede the deterioration;
“(7) an inventory of facilities with freight mobility issues, such as bottlenecks, within the State, and for those facilities that are State owned or operated, a description of the strategies the State is employing to address the freight mobility issues;
“(8) consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay;
“(9) a freight investment plan that, subject to subsection (c)(2), includes a list of priority projects and describes how funds made available to carry out section 167 of title 23 would be invested and matched; and
“(10) consultation with the State freight advisory committee, if applicable.
“(c) Relationship to Long-Range Plan.—
“(1) Incorporation.—A State freight plan described in subsection (a) may be developed separately from or incorporated into the statewide strategic long-range transportation plan required by section 135 of title 23.
“(2) Fiscal constraint.—The freight investment plan component of a freight plan shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan.
“(d) Planning Period.—A State freight plan described in subsection (a) shall address a 5-year forecast period.
“(e) Updates.—
“(1) In general.—A State shall update a State freight plan described in subsection (a) not less frequently than once every 5 years.
“(2) Freight investment plan.—A State may update a freight investment plan described in subsection (b)(9) more frequently than is required under paragraph (1).
Ҥ 70203. Transportation investment data and planning tools
“(a) In General.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation shall—
“(1) begin development of new tools and improvement of existing tools to support an outcome-oriented, performance- based approach to evaluate proposed freight-related and other transportation projects, including—
“(A) methodologies for systematic analysis of benefits and costs on a national or regional basis;
“(B) tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety, economic competitiveness, urban and rural access, environmental sustainability, and system condition in the project selection process;
“(C) improved methods for data collection and trend analysis;
“(D) encouragement of public-private collaboration to carry out data sharing activities while maintaining the confidentiality of all proprietary data; and
“(E) other tools to assist in effective transportation planning;
“(2) identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions; and
“(3) at a minimum, in consultation with other relevant Federal agencies, consider any improvements to existing freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand.
“(b) Consultation.—The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data described in subsection (a).
Ҥ 70204. Savings provision
“Nothing in this subtitle provides additional authority to regulate or direct private activity on freight networks designated under this subtitle.”
Clerical Amendment.— The analysis of subtitles for title 49, United States Code, is amended by striking the item relating to subtitle IX and inserting the following:
“IX. Multimodal Freight Transportation 70101”.
TITLE IX National Surface Transportation and Innovative Finance Bureau
SEC. 9001. National Surface Transportation and Innovative Finance Bureau.
In General.— Chapter 1 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 116. National Surface Transportation and Innovative Finance Bureau
“(a) Establishment.—The Secretary of Transportation shall establish a National Surface Transportation and Innovative Finance Bureau in the Department.
“(b) Purposes.—The purposes of the Bureau shall be—
“(1) to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection (d)(1);
“(2) to administer the application processes for programs within the Department in accordance with subsection (d);
“(3) to promote innovative financing best practices in accordance with subsection (e);
“(4) to reduce uncertainty and delays with respect to environmental reviews and permitting in accordance with subsection (f); and
“(5) to reduce costs and risks to taxpayers in project delivery and procurement in accordance with subsection (g).
“(c) Executive Director.—
“(1) Appointment.—The Bureau shall be headed by an Executive Director, who shall be appointed in the competitive service by the Secretary, with the approval of the President.
“(2) Duties.—The Executive Director shall—
“(A) report to the Under Secretary of Transportation for Policy;
“(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Bureau;
“(C) support the Council on Credit and Finance 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 Executive Director shall ensure that the congressional notification requirements for each program referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program.
“(3) Reports.—The Executive Director shall ensure that the reporting requirements for each program referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program.
“(4) Coordination.—In administering the application processes for the programs referred to in paragraph (1), the Executive Director shall coordinate with appropriate officials in the Department and its modal administrations responsible for administering such programs.
“(5) Streamlining approval processes.—Not later than 1 year after the date of enactment of this section, the Executive Director shall submit to the Committee on Transportation and 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 Executive Director will implement administrative actions identified under subparagraph (B) that do not require an Act of Congress.
“(6) Procedures and transparency.—
“(A) Procedures.—With respect to the programs referred to in paragraph (1), the Executive Director shall—
“(i) establish procedures for analyzing and 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 Executive Director with the requirements of this paragraph.
“(ii) Recommendations.—The Comptroller General may make recommendations to the Executive Director in order to improve compliance with the requirements of this paragraph.
“(iii) Report.—Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under clause (i), including findings and recommendations for improvement.
“(e) Innovative Financing Best Practices.—
“(1) In general.—The Bureau shall work with the modal administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative financing and public-private 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 eligible entities that seek to leverage public and private funding;
“(C) by sharing innovative financing best practices and case studies from eligible entities with other eligible entities 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 eligible entities in determining the appropriate project delivery model, including a value for money analysis.
“(3) Transparency.—The Bureau shall—
“(A) ensure the transparency of a project receiving credit assistance under a program referred to in subsection (d)(1) and procured as a public-private partnership by—
“(i) requiring the sponsor of the project to undergo a value for money analysis or a comparable analysis prior to deciding to advance the project as a public-private partnership;
“(ii) requiring the analysis required under 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 date of completion of the project, requiring the sponsor of the project to conduct a review regarding whether the private partner is meeting the terms of the relevant public-private partnership agreement; and
“(iv) providing a publicly available summary of the total level of Federal assistance in such project; and
“(B) develop guidance to implement this paragraph that takes into consideration variations in State and local laws and requirements related to public-private partnerships.
“(4) Support to project sponsors.—At the request of an eligible entity, the Bureau shall provide technical assistance to the eligible entity regarding proposed public-private partnership agreements for transportation facilities, including assistance in performing a value for money analysis or comparable analysis.
“(f) Environmental Review and Permitting.—
“(1) In general.—The Bureau shall take actions that are appropriate and consistent with the Department’s goals and policies to improve the delivery timelines for projects carried out under the programs referred to in subsection (d)(1).
“(2) Activities.—The Bureau shall carry out paragraph (1)—
“(A) by serving as the Department’s liaison to the Council on Environmental Quality;
“(B) by coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;
“(C) by providing technical assistance and training to field and headquarters staff of Federal agencies on policy changes and innovative approaches to the delivery of projects; and
“(D) by identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969.
“(3) Support to project sponsors.—At the request of an eligible entity that is carrying out a project under a program referred to in subsection (d)(1), the Bureau, in coordination with the appropriate modal administrations within the Department, shall provide technical assistance with regard to the compliance of the project with the requirements of the National Environmental Policy Act 1969 and relevant Federal environmental permits.
“(g) Project Procurement.—
“(1) In general.—The Bureau shall promote best practices in procurement for a project receiving assistance under a program referred to in subsection (d)(1) by developing, in coordination with modal administrations within the Department as appropriate, procurement benchmarks in order to ensure accountable expenditure of Federal assistance over the life cycle of the project.
“(2) Procurement benchmarks.—To the maximum extent practicable, the procurement benchmarks developed under paragraph (1) shall—
“(A) establish maximum thresholds for acceptable project cost increases and delays in project delivery;
“(B) establish uniform methods for States to measure cost and delivery changes over the life cycle of a project; and
“(C) be tailored, as necessary, to various types of project procurements, including design-bid-build, design-build, and public-private partnerships.
“(3) Data collection.—The Bureau shall—
“(A) collect information related to procurement benchmarks developed under paragraph (1), including project specific information detailed under paragraph (2); and
“(B) provide on a publicly accessible Internet Web site of the Department a report on the information collected under subparagraph (A).
“(h) Elimination and Consolidation of Duplicative Offices.—
“(1) Elimination of offices.—The Secretary may eliminate any office within the Department if the Secretary determines that—
“(A) the purposes of the office are duplicative of the purposes of the Bureau; and
“(B) the elimination of the office does not adversely affect the obligations of the Secretary under any Federal law.
“(2) Consolidation of offices and office functions.—The Secretary may consolidate any office or office function within the Department into the Bureau that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Bureau.
“(3) Staffing and budgetary resources.—
“(A) In general.—The Secretary shall ensure that the Bureau is adequately staffed and funded.
“(B) Staffing.—The Secretary may transfer to the Bureau a position within the Department from any office that is eliminated or consolidated under this subsection if the Secretary determines that the position is necessary to carry out the purposes of the Bureau.
“(C) Savings provision.—If the Secretary transfers a position to the Bureau under subparagraph (B), the Secretary, in coordination with the appropriate modal administration, shall ensure that the transfer of the position does not adversely affect the obligations of the modal administration under any Federal law.
“(D) Budgetary resources.—
“(i) Transfer of funds from eliminated or consolidated offices.—During the 2-year period beginning on the date of enactment of this section, the Secretary may transfer to the Bureau funds allocated to any office or office function that is eliminated or consolidated under this subsection to carry out the purposes of the Bureau.
“(ii) Transfer of funds allocated to administrative costs.—During the 2-year period beginning on the date of enactment of this section, the Secretary may transfer to the Bureau funds allocated to the administrative costs of processing applications for the programs referred to in subsection (d)(1).
“(4) Notification.—Not later than 90 days after the date of enactment of this section, and every 90 days thereafter, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate of—
“(A) the offices eliminated under paragraph (1) and the rationale for elimination of the offices;
“(B) the offices and office functions consolidated under paragraph (2) and the rationale for consolidation of the offices and office functions;
“(C) the actions taken under paragraph (3) and the rationale for taking such actions; and
“(D) any additional legislative actions that may be needed.
“(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, or project approval or implementation for the programs and projects subject to this section.
“(3) Applicability.—Nothing in this section may be construed to affect any pending application under 1 or more of the programs referred to in subsection (d)(1) that was received by the Secretary on or before the date of enactment of this section.
“(j) Definitions.—In this section, the following definitions apply:
“(1) Bureau.—The term ‘Bureau’ means the National Surface Transportation and Innovative Finance Bureau of the Department.
“(2) Department.—The term ‘Department’ means the Department of Transportation.
“(3) Eligible entity.—The term ‘eligible entity’ means an eligible applicant receiving financial or credit assistance under 1 or more of the programs referred to in subsection (d)(1).
“(4) Executive director.—The term ‘Executive Director’ means the Executive Director of the Bureau.
“(5) Multimodal project.—The term ‘multimodal project’ means a project involving the participation of more than 1 modal administration or secretarial office within the Department.
“(6) Project.—The term ‘project’ means a highway project, public transportation capital project, freight or passenger rail project, or multimodal project.”
Clerical Amendment.— The analysis for such chapter is amended by adding at the end the following:
“116. National Surface Transportation and Innovative Finance Bureau.”.
SEC. 9002. Council on Credit and Finance.
In General.— Chapter 1 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following:
Ҥ 117. Council on Credit and Finance
“(a) Establishment.—The Secretary of Transportation shall establish a Council on Credit and Finance in accordance with this section.
“(b) Membership.—
“(1) In general.—The Council shall be composed of the following members:
“(A) The Deputy Secretary of Transportation.
“(B) The Under Secretary of Transportation for Policy.
“(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
“(D) The General Counsel of the Department of Transportation.
“(E) The Assistant Secretary for Transportation Policy.
“(F) The Administrator of the Federal Highway Administration.
“(G) The Administrator of the Federal Transit Administration.
“(H) The Administrator of the Federal Railroad Administration.
“(2) Additional members.—The Secretary may designate up to 3 additional officials of the Department to serve as at-large members of the Council.
“(3) Chairperson and vice chairperson.—
“(A) Chairperson.—The Deputy Secretary of Transportation shall serve as the chairperson of the Council.
“(B) Vice chairperson.—The Chief Financial Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of the Council.
“(4) Executive director.—The Executive Director of the National Surface Transportation and Innovative Finance Bureau shall serve as a nonvoting member of the Council.
“(c) Duties.—The Council shall—
“(1) review applications for assistance submitted under the programs referred to in subparagraphs (A), (B), and (C) of section 116(d)(1);
“(2) review applications for assistance submitted under the program referred to in section 116(d)(1)(D), as determined appropriate by the Secretary;
“(3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs;
“(4) review, on a regular basis, projects that received assistance under such programs; and
“(5) carry out such additional duties as the Secretary may prescribe.”
Clerical Amendment.— The analysis for such chapter is further amended by adding at the end the following:
“117. Council on Credit and Finance.”.
TITLE X Sport Fish Restoration and Recreational Boating Safety
SEC. 10001. Allocations.
Authorization.— Section 3 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777b) is amended by striking “ 57 percent” and inserting “ 58.012 percent”.
In General.— Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended—
in subsection (a)—
in the matter preceding paragraph (1)—
by striking “ For each” and all that follows through “ the balance” and inserting “ For each fiscal year through fiscal year 2021, the balance”; and
by striking “ multistate conservation grants under section 14” and inserting “ activities under section 14(e)”;
in paragraph (1), by striking “ 18.5 percent” and inserting “ 18.673 percent”;
in paragraph (2) by striking “ 18.5 percent” and inserting “ 17.315 percent”;
by striking paragraphs (3) and (4);
by redesignating paragraph (5) as paragraph (4); and
by inserting after paragraph (2) the following:
“(3) Boating infrastructure improvement.—
“(A) In general.—An amount equal to 4 percent to the Secretary of the Interior for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note) and section 7404(d) of the Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)).
“(B) Limitation.—Not more than 75 percent of the amount under subparagraph (A) shall be available for projects under either of the sections referred to in subparagraph (A).”
in subsection (b)—
in paragraph (1)(A) by striking “ for each” and all that follows through “ the Secretary” and inserting “ for each fiscal year through fiscal year 2021, the Secretary”;
by redesignating paragraph (2) as paragraph (3);
by inserting after paragraph (1) the following:
“(2) Set-aside for coast guard administration.—
“(A) In general.—From the annual appropriation made in accordance with section 3, for each of fiscal years 2016 through 2021, the Secretary of the department in which the Coast Guard is operating may use no more than the amount specified in subparagraph (B) for the fiscal year for the purposes set forth in section 13107(c) of title 46, United States Code. The amount specified in subparagraph (B) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year.
“(B) Available amounts.—The available amount referred to in subparagraph (A) is—
“(i) for fiscal year 2016, $7,700,000; and
“(ii) for fiscal year 2017 and each fiscal year thereafter, the sum of—
“(I) the available amount for the preceding fiscal year; and
“(II) the amount determined by multiplying—
“(aa) the available amount for the preceding fiscal year; and
“(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.”
; and
in paragraph (3), as so redesignated—
in subparagraph (A), by striking “ until the end of the fiscal year.” and inserting “ until the end of the subsequent fiscal year.”; and
in subparagraph (B) by striking “ under subsection (e)” and inserting “ under subsection (c)”;
in subsection (c)—
by striking “ (c) The Secretary” and inserting “ (c)(1) The Secretary,”;
by striking “ grants under section 14 of this title” and inserting “ activities under section 14(e)”;
by striking “ 57 percent” and inserting “ 58.012 percent”; and
by adding at the end the following:
“(2) The Secretary shall deduct from the amount to be apportioned under paragraph (1) the amounts used for grants under section 14(a).”
; and
in subsection (e)(1), by striking “ those subsections,” and inserting “ those paragraphs,”.
Submission and Approval of Plans and Projects.— Section 6(d) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is amended by striking “ for appropriations” and inserting “ from appropriations”.
Unexpended or Unobligated Funds.— Section 8(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is amended by striking “ 57 percent” and inserting “ 58.012 percent”.
Cooperation.— Section 12 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777k) is amended—
by striking “ 57 percent” and inserting “ 58.012 percent”; and
by striking “ under section 4(b)” and inserting “ under section 4(c)”.
Other Activities.— Section 14 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777m) is amended—
in subsection (a)(1), by striking “ of each annual appropriation made in accordance with the provisions of section 3”; and
in subsection (e)—
in the matter preceding paragraph (1) by striking “ Of amounts made available under section 4(b) for each fiscal year—” and inserting “ Not more than $1,200,000 of each annual appropriation made in accordance with the provisions of section 3 shall be distributed to the Secretary of the Interior for use as follows:”; and
in paragraph (1)(D) by striking “ ; and” and inserting a period.
by striking section 15; and
by redesignating section 16 as section 15.
SEC. 10002. Recreational Boating Safety.
Section 13107 of title 46, United States Code, is amended—
in subsection (a)—
by striking “ (1) Subject to paragraph (2) and subsection (c),” and inserting “ Subject to subsection (c),”;
by striking “ the sum of (A) the amount made available from the Boat Safety Account for that fiscal year under section 15 of the Dingell-Johnson Sport Fish Restoration Act and (B)”; and
by striking paragraph (2); and
in subsection (c)—
by striking the subsection designation and paragraph (1) and inserting the following:
“(c)
(1)
(A) The Secretary may use amounts made available each fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard for investigations, personnel, and activities directly related to—
“(i) administering State recreational boating safety programs under this chapter; or
“(ii) coordinating or carrying out the national recreational boating safety program under this title.
“(B) Of the amounts used by the Secretary each fiscal year under subparagraph (A)—
“(i) not less than $2,100,000 is available to ensure compliance with chapter 43 of this title; and
“(ii) not more than $1,500,000 is available to conduct by grant or contract a survey of levels of recreational boating participation and related matters in the United States.”
; and
in paragraph (2)—
by striking “ No funds” and inserting “ On and after October 1, 2016, no funds”; and
by striking “ traditionally”.
TITLE XI Rail
SEC. 11001. Short Title.
This title may be cited as the “Passenger Rail Reform and Investment Act of 2015”.
Subtitle A Authorizations
SEC. 11101. Authorization of Grants to Amtrak.
Northeast Corridor.— There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the Northeast Corridor the following amounts:
For fiscal year 2016, $450,000,000.
For fiscal year 2017, $474,000,000.
For fiscal year 2018, $515,000,000.
For fiscal year 2019, $557,000,000.
For fiscal year 2020, $600,000,000.
National Network.— There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the National Network the following amounts:
For fiscal year 2016, $1,000,000,000.
For fiscal year 2017, $1,026,000,000.
For fiscal year 2018, $1,085,000,000.
For fiscal year 2019, $1,143,000,000.
For fiscal year 2020, $1,200,000,000.
Project Management Oversight.— The Secretary may withhold up to one half of 1 percent of the amount appropriated under subsections (a) and (b) for the costs of management oversight of Amtrak.
Gulf Coast Working Group.— Of the total amount made available to the Office of the Secretary of Transportation and the Federal Railroad Administration, for each of fiscal years 2016 and 2017, $500,000 shall be used to convene the Gulf Coast rail service working group established under section 11304 of this Act and carry out its responsibilities under such section.
Competition.— In administering grants to Amtrak under section 24319 of title 49, United States Code, the Secretary may withhold, from amounts that would otherwise be made available to Amtrak, such sums as are necessary from the amount appropriated under subsection (b) of this section to cover the operating subsidy described in section 24711(b)(1)(E)(ii) of title 49, United States Code.
State-supported Route Committee.— The Secretary may withhold up to $2,000,000 from the amount appropriated in each fiscal year under subsection (b) of this section for the use of the State-Supported Route Committee established under section 24712 of title 49, United States Code.
Northeast Corridor Commission.— The Secretary may withhold up to $5,000,000 from the amount appropriated in each fiscal year under subsection (a) of this section for the use of the Northeast Corridor Commission established under section 24905 of title 49, United States Code.
Northeast Corridor.— For purposes of this section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.
Small Business Participation Study.— Of the total amount made available to the Office of the Secretary of Transportation and the Federal Railroad Administration, for each of fiscal years 2016 and 2017, $1,500,000 shall be used to implement the small business participation study authorized under section 11310 of this Act.
SEC. 11102. Consolidated Rail Infrastructure and Safety Improvements.
In General.— There are authorized to be appropriated to the Secretary for grants under section 24407 of title 49, United States Code, (as added by section 11301 of this Act), the following amounts:
For fiscal year 2016, $98,000,000.
For fiscal year 2017, $190,000,000.
For fiscal year 2018, $230,000,000.
For fiscal year 2019, $255,000,000.
For fiscal year 2020, $330,000,000.
Project Management Oversight.— The Secretary may withhold up to 1 percent from the amount appropriated under subsection (a) of this section for the costs of project management oversight of grants carried out under section 24407 of title 49, United States Code.
SEC. 11103. Federal-State Partnership for State of Good Repair.
In General.— There are authorized to be appropriated to the Secretary for grants under section 24911 of title 49, United States Code, (as added by section 11302 of this Act), the following amounts:
For fiscal year 2016, $82,000,000.
For fiscal year 2017, $140,000,000.
For fiscal year 2018, $175,000,000.
For fiscal year 2019, $300,000,000.
For fiscal year 2020, $300,000,000.
Project Management Oversight.— The Secretary may withhold up to 1 percent from the amount appropriated under subsection (a) of this section for the costs of project management oversight of grants carried out under section 24911 of title 49, United States Code.
SEC. 11104. Restoration and Enhancement Grants.
In General.— There are authorized to be appropriated to the Secretary for grants under section 24408 of title 49, United States Code, (as added by section 11303 of this Act), $20,000,000 for each of fiscal years 2016 through 2020.
Project Management Oversight.— The Secretary may withhold up to 1 percent from the amount appropriated under subsection (a) of this section for the costs of project management oversight of grants carried out under section 24408 of title 49, United States Code.
SEC. 11105. Authorization of Appropriations for Amtrak Office of Inspector General.
There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts:
For fiscal year 2016, $20,000,000.
For fiscal year 2017, $20,500,000.
For fiscal year 2018, $21,000,000.
For fiscal year 2019, $21,500,000.
For fiscal year 2020, $22,000,000.
SEC. 11106. Definitions.
by redesignating paragraphs (5) through (9) as paragraphs (7) through (11), respectively;
by inserting after paragraph (4) the following new paragraphs:
“(5) ‘long-distance route’ means a route described in subparagraph (C) of paragraph (7).
“(6) ‘National Network’ includes long-distance routes and State-supported routes.”
; and
by adding at the end the following new paragraphs:
“(12) ‘state-of-good-repair’ means a condition in which physical assets, both individually and as a system, are—
“(A) performing at a level at least equal to that called for in their as-built or as-modified design specification during any period when the life cycle cost of maintaining the assets is lower than the cost of replacing them; and
“(B) sustained through regular maintenance and replacement programs.
“(13) ‘State-supported route’ means a route described in subparagraph (B) or (D) of paragraph (7), or in section 24702, that is operated by Amtrak, excluding those trains operated by Amtrak on the routes described in paragraph (7)(A).”
Conforming Amendments.—
Section 217 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24702 note) is amended by striking “ 24102(5)(D)” and inserting “ 24102(7)(D)”.
Section 209(a) of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended by striking “ 24102(5)(B) and (D)” and inserting “ 24102(7)(B) and (D)”.
Subtitle B Amtrak Reforms
SEC. 11201. Accounts.
In General.— Chapter 243 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 24317. Accounts
“(a) Purpose.—The purpose of this section is to—
“(1) promote the effective use and stewardship by Amtrak of Amtrak revenues, Federal, State, and third party investments, appropriations, grants and other forms of financial assistance, and other sources of funds; and
“(2) enhance the transparency of the assignment of revenues and costs among Amtrak business lines while ensuring the health of the Northeast Corridor and National Network.
“(b) Account Structure.—Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation, in consultation with Amtrak, shall define an account structure and improvements to accounting methodologies, as necessary, to support, at a minimum, the Northeast Corridor and the National Network.
“(c) Financial Sources.—In defining the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that Amtrak assigns the following:
“(1) For the Northeast Corridor account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the Northeast Corridor, including—
“(A) grant funds appropriated for the Northeast Corridor pursuant to section 11101(a) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;
“(B) compensation received from commuter rail passenger transportation providers for such providers’ share of capital and operating costs on the Northeast Corridor provided to Amtrak pursuant to section 24905(c); and
“(C) any operating surplus of the Northeast Corridor, as allocated pursuant to section 24318.
“(2) For the National Network account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the National Network, including—
“(A) grant funds appropriated for the National Network pursuant to section 11101(b) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;
“(B) compensation received from States provided to Amtrak pursuant to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (42 U.S.C. 24101 note); and
“(C) any operating surplus of the National Network, as allocated pursuant to section 24318.
“(d) Financial Uses.—In defining the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that amounts assigned to the Northeast Corridor and National Network accounts shall be used by Amtrak for the following:
“(1) For the Northeast Corridor, all associated costs, including—
“(A) operating activities;
“(B) capital activities as described in section 24904(a)(2)(E);
“(C) acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services;
“(D) payment of principal and interest on loans for capital projects described in this paragraph or for capital leases attributable to the Northeast Corridor;
“(E) other capital projects on the Northeast Corridor, determined appropriate by the Secretary, and consistent with section 24905(c)(1)(A)(i); and
“(F) if applicable, capital projects described in section 24904(b).
“(2) For the National Network, all associated costs, including—
“(A) operating activities;
“(B) capital activities; and
“(C) the payment of principal and interest on loans or capital leases attributable to the National Network.
“(e) Implementation and Reporting.—
“(1) In general.—Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak, in consultation with the Secretary, shall implement any account structures and improvements defined under subsection (b) so that Amtrak is able to produce profit and loss statements for each of the business lines described in section 24320(b)(1) and, as appropriate, each of the asset categories described in section 24320(c)(1) that identify sources and uses of—
“(A) revenues;
“(B) appropriations; and
“(C) transfers between business lines.
“(2) Updated profit and loss statements.—Not later than 1 month after the implementation under paragraph (1), and monthly thereafter, Amtrak shall submit updated profit and loss statements for each of the business lines and asset categories to the Secretary.
“(f) Account Management.—For the purposes of account management, Amtrak may transfer funds between the Northeast Corridor account and National Network account without prior notification and approval under subsection (g) if such transfers—
“(1) do not materially impact Amtrak’s ability to achieve its anticipated financial, capital, and operating performance goals for the fiscal year; and
“(2) would not materially change any grant agreement entered into pursuant to section 24319(d), or other agreements made pursuant to applicable Federal law.
“(g) Transfer Authority.—
“(1) In general.—If Amtrak determines that a transfer between the accounts defined under subsection (b) does not meet the account management standards established under subsection (f), Amtrak may transfer funds between the Northeast Corridor and National Network accounts if—
“(A) Amtrak notifies the Amtrak Board of Directors, including the Secretary, at least 10 days prior to the expected date of transfer; and
“(B) solely for a transfer that will materially change a grant agreement, the Secretary approves.
“(2) Report.—Not later than 5 days after the Amtrak Board of Directors receives notification from Amtrak under paragraph (1)(A), the Board shall transmit to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, a report that includes—
“(A) the amount of the transfer; and
“(B) a detailed explanation of the reason for the transfer, including—
“(i) the effects on Amtrak services funded by the account from which the transfer is drawn, in comparison to a scenario in which no transfer was made; and
“(ii) the effects on Amtrak services funded by the account receiving the transfer, in comparison to a scenario in which no transfer was made.
“(3) Notifications.—Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a transfer under paragraph (1) to or from an account, Amtrak shall transmit to the State-Supported Route Committee and Northeast Corridor Commission a letter that includes the information described under subparagraphs (A) and (B) of paragraph (2).
“(h) Report.—Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall submit to the Secretary a report assessing the account and reporting structure established under this section and providing any recommendations for further action. Not later than 180 days after the date of receipt of such report, the Secretary shall provide an assessment that supplements Amtrak’s report and submit the Amtrak report with the supplemental assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(i) Definition of Northeast Corridor.—Notwithstanding section 24102, for purposes of this section, the term ‘Northeast Corridor’ means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.”
Conforming Amendment.— The table of contents for chapter 243 is amended by adding at the end the following:
“24317. Accounts.”.
SEC. 11202. Amtrak Grant Process.
Requirements and Procedures.— Chapter 243 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 24318. Costs and revenues
“(a) Allocation.—Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall establish and maintain internal controls to ensure Amtrak’s costs, revenues, and other compensation are appropriately allocated to the Northeast Corridor, including train services or infrastructure, or the National Network, including proportional shares of common and fixed costs.
“(b) Rule of Construction.—Nothing in this section shall be construed to limit the ability of Amtrak to enter into an agreement with 1 or more States to allocate operating and capital costs under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
“(c) Definition of Northeast Corridor.—Notwithstanding section 24102, for purposes of this section, the term ‘Northeast Corridor’ means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.
Ҥ 24319. Grant process
“(a) Procedures for Grant Requests.—Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish and transmit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives substantive and procedural requirements, including schedules, for grant requests under this section.
“(b) Grant Requests.—Amtrak shall transmit to the Secretary grant requests for Federal funds appropriated to the Secretary of Transportation for the use of Amtrak.
“(c) Contents.—A grant request under subsection (b) shall, as applicable—
“(1) describe projected operating and capital costs for the upcoming fiscal year for Northeast Corridor activities, including train services and infrastructure, and National Network activities, including State-supported routes and long-distance routes, in comparison to prior fiscal year actual financial performance;
“(2) describe the capital projects to be funded, with cost estimates and an estimated timetable for completion of the projects covered by the request; and
“(3) assess Amtrak’s financial condition.
“(d) Review and Approval.—
“(1) Thirty-day approval process.—
“(A) In general.—Not later than 30 days after the date that Amtrak submits a grant request under this section, the Secretary of Transportation shall complete a review of the request and provide notice to Amtrak that—
“(i) the request is approved; or
“(ii) the request is disapproved, including the reason for the disapproval and an explanation of any incomplete or deficient items.
“(B) Grant agreement.—If a grant request is approved, the Secretary shall enter into a grant agreement with Amtrak.
“(2) Fifteen-day modification period.—Not later than 15 days after the date of a notice under paragraph (1)(A)(ii), Amtrak shall submit a modified request for the Secretary’s review.
“(3) Modified requests.—Not later than 15 days after the date that Amtrak submits a modified request under paragraph (2), the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.
“(e) Payments to Amtrak.—
“(1) In general.—A grant agreement entered into under subsection (d) shall specify the operations, services, and other activities to be funded by the grant. The grant agreement shall include provisions, consistent with the requirements of this chapter, to measure Amtrak’s performance and ensure accountability in delivering the operations, services, or activities to be funded by the grant.
“(2) Schedule.—Except as provided in paragraph (3), in each fiscal year for which amounts are appropriated to the Secretary for the use of Amtrak, and for which the Secretary and Amtrak have entered into a grant agreement under subsection (d), the Secretary shall disburse grant funds to Amtrak on the following schedule:
“(A) 50 percent on October 1.
“(B) 25 percent on January 1.
“(C) 25 percent on April 1.
“(3) Exceptions.—The Secretary may make a payment to Amtrak of appropriated funds—
“(A) more frequently than the schedule under paragraph (2) if Amtrak, for good cause, requests more frequent payment before the end of a payment period; or
“(B) with a different frequency or in different percentage allocations in the event of a continuing resolution or in the absence of an appropriations Act for the duration of a fiscal year.
“(f) Availability of Amounts and Early Appropriations.—Amounts appropriated to the Secretary for the use of Amtrak shall remain available until expended. Amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated.
“(g) Limitations on Use.—Amounts appropriated to the Secretary for the use of Amtrak may not be used to cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail transportation.
“(h) Definition of Northeast Corridor.—Notwithstanding section 24102, for purposes of this section, the term ‘Northeast Corridor’ means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.”
Conforming Amendments.— The table of contents for chapter 243 is further amended by adding at the end the following:
“24318. Costs and revenues.
“24319. Grant process.”.
Repeals.—
Establishment of grant process.— Section 206 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) and the item relating to that section in the table of contents of that Act are repealed.
Authorization of appropriations.— Section 24104 of title 49, United States Code, and the item relating to that section in the table of contents of chapter 241 are repealed.
SEC. 11203. 5-Year Business Line and Asset Plans.
Amtrak 5-Year Business Line and Asset Plans.— Chapter 243 of title 49, United States Code, is further amended by inserting after section 24319 the following:
Ҥ 24320. Amtrak 5-year business line and asset plans
“(a) In General.—
“(1) Final plans.—Not later than February 15 of each year, Amtrak shall submit to Congress and the Secretary of Transportation final 5-year business line plans and 5-year asset plans prepared in accordance with this section. These final plans shall form the basis for Amtrak’s general and legislative annual report to the President and Congress required by section 24315(b). Each plan shall cover a period of 5 fiscal years, beginning with the first fiscal year after the date on which the plan is completed.
“(2) Fiscal constraint.—Each plan prepared under this section shall be based on funding levels authorized or otherwise available to Amtrak in a fiscal year. In the absence of an authorization or appropriation of funds for a fiscal year, the plans shall be based on the amount of funding available in the previous fiscal year, plus inflation. Amtrak may include an appendix to the asset plan required in subsection (c) that describes any funding needs in excess of amounts authorized or otherwise available to Amtrak in a fiscal year.
“(b) Amtrak 5-Year Business Line Plans.—
“(1) Amtrak business lines.—Amtrak shall prepare a 5-year business line plan for each of the following business lines and services:
“(A) Northeast Corridor train services.
“(B) State-supported routes operated by Amtrak.
“(C) Long-distance routes operated by Amtrak.
“(D) Ancillary services operated by Amtrak, including commuter operations and other revenue generating activities as determined by the Secretary in coordination with Amtrak.
“(2) Contents of 5-year business line plans.—The 5-year business line plan for each business line shall include, at a minimum—
“(A) a statement of Amtrak’s objectives, goals, and service plan for the business line, in consultation with any entities that are contributing capital or operating funding to support passenger rail services within those business lines, and aligned with Amtrak’s Strategic Plan and 5-year asset plans under subsection (c);
“(B) all projected revenues and expenditures for the business line, including identification of revenues and expenditures incurred by—
“(i) passenger operations;
“(ii) non-passenger operations that are directly related to the business line; and
“(iii) governmental funding sources, including revenues and other funding received from States;
“(C) projected ridership levels for all passenger operations;
“(D) estimates of long-term and short-term debt and associated principal and interest payments (both current and forecasts);
“(E) annual profit and loss statements and forecasts and balance sheets;
“(F) annual cash flow forecasts;
“(G) a statement describing the methodologies and significant assumptions underlying estimates and forecasts;
“(H) specific performance measures that demonstrate year over year changes in the results of Amtrak’s operations;
“(I) financial performance for each route within each business line, including descriptions of the cash operating loss or contribution and productivity for each route;
“(J) specific costs and savings estimates resulting from reform initiatives;
“(K) prior fiscal year and projected equipment reliability statistics; and
“(L) an identification and explanation of any major adjustments made from previously-approved plans.
“(3) 5-year business line plans process.—In meeting the requirements of this section, Amtrak shall—
“(A) consult with the Secretary in the development of the business line plans;
“(B) for the Northeast Corridor business line plan, consult with the Northeast Corridor Commission and transmit to the Commission the final plan under subsection (a)(1), and consult with other entities, as appropriate;
“(C) for the State-supported route business line plan, consult with the State-Supported Route Committee established under section 24712;
“(D) for the long-distance route business line plan, consult with any States or Interstate Compacts that provide funding for such routes, as appropriate;
“(E) ensure that Amtrak’s general and legislative annual report, required under section 24315(b), to the President and Congress is consistent with the information in the 5-year business line plans; and
“(F) identify the appropriate Amtrak officials that are responsible for each business line.
“(4) Definition of northeast corridor.—Notwithstanding section 24102, for purposes of this section, the term ‘Northeast Corridor’ means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.
“(c) Amtrak 5-Year Asset Plans.—
“(1) Asset categories.—Amtrak shall prepare a 5-year asset plan for each of the following asset categories:
“(A) Infrastructure, including all Amtrak-controlled Northeast Corridor assets and other Amtrak-owned infrastructure, and the associated facilities that support the operation, maintenance, and improvement of those assets.
“(B) Passenger rail equipment, including all Amtrak-controlled rolling stock, locomotives, and mechanical shop facilities that are used to overhaul equipment.
“(C) Stations, including all Amtrak-controlled passenger rail stations and elements of other stations for which Amtrak has legal responsibility or intends to make capital investments.
“(D) National assets, including national reservations, security, training and training centers, and other assets associated with Amtrak’s national rail passenger transportation system.
“(2) Contents of 5-year asset plans.—Each asset plan shall include, at a minimum—
“(A) a summary of Amtrak’s 5-year strategic plan for each asset category, including goals, objectives, any relevant performance metrics, and statutory or regulatory actions affecting the assets;
“(B) an inventory of existing Amtrak capital assets, to the extent practicable, including information regarding shared use or ownership, if applicable;
“(C) a prioritized list of proposed capital investments that—
“(i) categorizes each capital project as being primarily associated with—
“(I) normalized capital replacement;
“(II) backlog capital replacement;
“(III) improvements to support service enhancements or growth;
“(IV) strategic initiatives that will improve overall operational performance, lower costs, or otherwise improve Amtrak’s corporate efficiency; or
“(V) statutory, regulatory, or other legal mandates;
“(ii) identifies each project or program that is associated with more than 1 category described in clause (i); and
“(iii) describes the anticipated business outcome of each project or program identified under this subparagraph, including an assessment of—
“(I) the potential effect on passenger operations, safety, reliability, and resilience;
“(II) the potential effect on Amtrak’s ability to meet regulatory requirements if the project or program is not funded; and
“(III) the benefits and costs; and
“(D) annual profit and loss statements and forecasts and balance sheets for each asset category.
“(3) 5-year asset plan process.—In meeting the requirements of this subsection, Amtrak shall—
“(A) consult with each business line described in subsection (b)(1) in the preparation of each 5-year asset plan and ensure integration of each 5-year asset plan with the 5-year business line plans;
“(B) as applicable, consult with the Northeast Corridor Commission, the State-Supported Route Committee, and owners of assets affected by 5-year asset plans; and
“(C) identify the appropriate Amtrak officials that are responsible for each asset category.
“(4) Evaluation of national assets costs.—The Secretary shall—
“(A) evaluate the costs and scope of all national assets; and
“(B) determine the activities and costs that are—
“(i) required in order to ensure the efficient operations of a national rail passenger system;
“(ii) appropriate for allocation to 1 of the other Amtrak business lines; and
“(iii) extraneous to providing an efficient national rail passenger system or are too costly relative to the benefits or performance outcomes they provide.
“(5) Definition of national assets.—In this section, the term ‘national assets’ means the Nation’s core rail assets shared among Amtrak services, including national reservations, security, training and training centers, and other assets associated with Amtrak’s national rail passenger transportation system.
“(6) Restructuring of national assets.—Not later than 1 year after the date of completion of the evaluation under paragraph (4), the Administrator of the Federal Railroad Administration, in consultation with the Amtrak Board of Directors, the governors of each relevant State, and the Mayor of the District of Columbia, or their designees, shall restructure or reallocate, or both, the national assets costs in accordance with the determination under that section, including making appropriate updates to Amtrak’s cost accounting methodology and system.
“(7) Exemption.—
“(A) In general.—Upon written request from the Amtrak Board of Directors, the Secretary may exempt Amtrak from including in a plan required under this subsection any information described in paragraphs (1) and (2).
“(B) Public availability.—The Secretary shall make available to the public on the Department’s Internet Web site any exemption granted under subparagraph (A) and a detailed justification for granting such exemption.
“(C) Inclusion in plan.—Amtrak shall include in the plan required under this subsection any request granted under subparagraph (A) and justification under subparagraph (B).
“(d) Standards to Promote Financial Stability.—In preparing plans under this section, Amtrak shall—
“(1) apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or combinations of such practices; and
“(2) use the categories specified in the financial accounting and reporting system developed under section 203 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).”
Effective Dates.— The requirement for Amtrak to submit 5-year business line plans under section 24320(a)(1) of title 49, United States Code, shall take effect on February 15, 2017, the due date of the first business line plans. The requirement for Amtrak to submit 5-year asset plans under section 24320(a)(1) of such title shall take effect on February 15, 2019, the due date of the first asset plans.
Conforming Amendments.— The table of contents for chapter 243 of title 49, United States Code, is amended by adding at the end the following:
“24320. Amtrak 5-year business line and asset plans.”.
Repeal of 5-Year Financial Plan.— Section 204 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), and the item relating to that section in the table of contents of that Act, are repealed.
SEC. 11204. State-Supported Route Committee.
Amendment.— Chapter 247 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 24712. State-supported routes operated by Amtrak
“(a) State-Supported Route Committee.—
“(1) Establishment.—Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish the State-Supported Route Committee (referred to in this section as the ‘Committee’) to promote mutual cooperation and planning pertaining to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-supported routes and to further implement section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
“(2) Membership.—
“(A) In general.—The Committee shall consist of—
“(i) members representing Amtrak;
“(ii) members representing the Department of Transportation, including the Federal Railroad Administration; and
“(iii) members representing States.
“(B) Non-voting members.—The Committee may invite and accept other non-voting members to participate in Committee activities, as appropriate.
“(3) Decisionmaking.—The Committee shall establish a bloc voting system under which, at a minimum—
“(A) there are 3 separate voting blocs to represent the Committee’s voting members, including—
“(i) 1 voting bloc to represent the members described in paragraph (2)(A)(i);
“(ii) 1 voting bloc to represent the members described in paragraph (2)(A)(ii); and
“(iii) 1 voting bloc to represent the members described in paragraph (2)(A)(iii);
“(B) each voting bloc has 1 vote;
“(C) the vote of the voting bloc representing the members described in paragraph (2)(A)(iii) requires the support of at least two-thirds of that voting bloc’s members; and
“(D) the Committee makes decisions by unanimous consent of the 3 voting blocs.
“(4) Meetings; rules and procedures.—The Committee shall convene a meeting and shall define and implement the rules and procedures governing the Committee’s proceedings not later than 180 days after the date of establishment of the Committee by the Secretary. The rules and procedures shall—
“(A) incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph (3); and
“(B) be adopted in accordance with such decisionmaking procedures.
“(5) Committee decisions.—Decisions made by the Committee in accordance with the Committee’s rules and procedures, once established, are binding on all Committee members.
“(6) Cost allocation methodology.—
“(A) In general.—Subject to subparagraph (B), the Committee may amend the cost allocation methodology required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
“(B) Procedures for changing methodology.—The rules and procedures implemented under paragraph (4) shall include procedures for changing the cost allocation methodology.
“(C) Requirements.—The cost allocation methodology shall—
“(i) ensure equal treatment in the provision of like services of all States and groups of States; and
“(ii) allocate to each route the costs incurred only for the benefit of that route and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 route.
“(b) Invoices and Reports.—Not later than April 15, 2016, and monthly thereafter, Amtrak shall provide to each State that sponsors a State-supported route a monthly invoice of the cost of operating such route, including fixed costs and third-party costs. The Committee shall determine the frequency and contents of financial and performance reports that Amtrak shall provide to the States, as well as the planning and demand reports that the States shall provide to Amtrak.
“(c) Dispute Resolution.—
“(1) Request for dispute resolution.—If a dispute arises with respect to the rules and procedures implemented under subsection (a)(4), an invoice or a report provided under subsection (b), implementation or compliance with the cost allocation methodology developed under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) or amended under subsection (a)(6) of this section, either Amtrak or the State may request that the Surface Transportation Board conduct dispute resolution under this subsection.
“(2) Procedures.—The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this subsection, which may include provision of professional mediation services.
“(3) Binding effect.—A decision of the Surface Transportation Board under this subsection shall be binding on the parties to the dispute.
“(4) Obligation.—Nothing in this subsection shall affect the obligation of a State to pay an amount not in dispute.
“(d) Assistance.—
“(1) In general.—The Secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a State-supported route.
“(2) Financial assistance.—From among available funds, the Secretary shall provide—
“(A) financial assistance to Amtrak or 1 or more States to perform requested independent technical analysis of issues before the Committee; and
“(B) administrative expenses that the Secretary determines necessary.
“(e) Performance Metrics.—In negotiating a contract for operation of a State-supported route, Amtrak and the State or States that sponsor the route shall consider including provisions that provide penalties and incentives for performance.
“(f) Statement of Goals and Objectives.—
“(1) In general.—The Committee shall develop a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities, such as host railroads, in meeting the identified goals and objectives, or carrying out the recommendations. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement.
“(2) Transmission of statement of goals and objectives.—Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement developed under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(g) Rule of Construction.—The decisions of the Committee—
“(1) shall pertain to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-sponsored routes; and
“(2) shall not pertain to the rail operations or related activities of services operated by other rail carriers on State-supported routes.
“(h) Definition of State.—In this section, the term ‘State’ means any of the 50 States, including the District of Columbia, that sponsor the operation of trains by Amtrak on a State-supported route, or a public entity that sponsors such operation on such a route.”
Technical and Conforming Amendments.—
Table of contents.— The table of contents for chapter 247 of title 49, United States Code, is amended by adding at the end the following:
“24712. State-supported routes operated by Amtrak.”.
Passenger rail investment and improvement act.— Section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended—
by striking subsection (b); and
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
SEC. 11205. Composition of Amtrak’s Board of Directors.
Section 24302 of title 49, United States Code, is amended—
in subsection (a)(1)—
by striking “ 9 directors” and inserting “ 10 directors”;
in subparagraph (B) by inserting “ , who shall serve as a nonvoting member of the Board” after “ Amtrak”; and
in subparagraph (C) by striking “ 7” and inserting “ 8”; and
in subsection (e), by inserting “ who are eligible to vote” after “ serving”.
SEC. 11206. Route and Service Planning Decisions.
Section 208 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended to read as follows:
“SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.
“(a) Methodology Development.—Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall obtain the services of an independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity rail passenger transportation routes and services it should provide, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes.
“(b) Considerations.—Amtrak shall require the independent entity, in developing the methodologies described in subsection (a), to consider—
“(1) the current and expected performance and service quality of intercity rail passenger transportation operations, including cost recovery, on-time performance, ridership, on-board services, stations, facilities, equipment, and other services;
“(2) the connectivity of a route with other routes;
“(3) the transportation needs of communities and populations that are not well served by intercity rail passenger transportation service or by other forms of intercity transportation;
“(4) the methodologies of Amtrak and major intercity rail passenger transportation service providers in other countries for determining intercity passenger rail routes and services;
“(5) the financial and operational effects on the overall network, including the effects on direct and indirect costs;
“(6) the views of States, rail carriers that own infrastructure over which Amtrak operates, Interstate Compacts established by Congress and States, Amtrak employee representatives, stakeholder organizations, and other interested parties; and
“(7) the funding levels that will be available under authorization levels that have been enacted into law.
“(c) Recommendations.—Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the recommendations developed by the independent entity under subsection (a).
“(d) Consideration of Recommendations.—Not later than 90 days after the date on which the recommendations are transmitted under subsection (c), the Amtrak Board of Directors shall consider the adoption of each recommendation and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report explaining the reasons for adopting or not adopting each recommendation.”
SEC. 11207. Food and Beverage Reform.
Amendment.— Chapter 243 of title 49, United States Code, is further amended by adding at the end the following new section:
Ҥ 24321. Food and beverage reform
“(a) Plan.—Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall develop and begin implementing a plan to eliminate, within 5 years of such date of enactment, the operating loss associated with providing food and beverage service on board Amtrak trains.
“(b) Considerations.—In developing and implementing the plan, Amtrak shall consider a combination of cost management and revenue generation initiatives, including—
“(1) scheduling optimization;
“(2) on-board logistics;
“(3) product development and supply chain efficiency;
“(4) training, awards, and accountability;
“(5) technology enhancements and process improvements; and
“(6) ticket revenue allocation.
“(c) Savings Clause.—Amtrak shall ensure that no Amtrak employee holding a position as of the date of enactment of the Passenger Rail Reform and Investment Act of 2015 is involuntarily separated because of—
“(1) the development and implementation of the plan required under subsection (a); or
“(2) any other action taken by Amtrak to implement this section.
“(d) No Federal Funding for Operating Losses.—Beginning on the date that is 5 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, no Federal funds may be used to cover any operating loss associated with providing food and beverage service on a route operated by Amtrak or a rail carrier that operates a route in lieu of Amtrak pursuant to section 24711.
“(e) Report.—Not later than 120 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, and annually thereafter for 5 years, Amtrak shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the plan developed pursuant to subsection (a) and a description of progress in the implementation of the plan.”
Conforming Amendment.— The table of sections for chapter 243 of title 49, United States Code, is further amended by adding at the end the following new item:
“24321. Food and beverage reform.”.
SEC. 11208. Rolling Stock Purchases.
Amendment.— Chapter 243 of title 49, United States Code, is further amended by adding at the end the following new section:
Ҥ 24322. Rolling stock purchases
“(a) In General.—Prior to entering into any contract in excess of $100,000,000 for rolling stock and locomotive procurements Amtrak shall submit a business case analysis to the Secretary of Transportation, the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, on the utility of such procurements.
“(b) Contents.—The business case analysis shall—
“(1) include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue, operational efficiency, reliability, and other factors;
“(2) set forth the total payments by fiscal year;
“(3) identify the specific source and amounts of funding for each payment, including Federal funds, State funds, Amtrak profits, Federal, State, or private loans or loan guarantees, and other funding;
“(4) include an explanation of whether any payment under the contract will increase Amtrak’s funding request in its general and legislative annual report required under section 24315(b) in a particular fiscal year; and
“(5) describe how Amtrak will adjust the procurement if future funding is not available.
“(c) Rule of Construction.—Nothing in this section shall be construed as requiring Amtrak to disclose confidential information regarding a potential vendor’s proposed pricing or other sensitive business information prior to contract execution or prohibiting Amtrak from entering into a contract after submission of a business case analysis under subsection (a).”
Conforming Amendment.— The table of sections for chapter 243 of title 49, United States Code, is further amended by adding at the end the following new item:
“24322. Rolling stock purchases.”.
SEC. 11209. Local Products and Promotional Events.
In General.— Not later than 6 months after the date of enactment of this Act, Amtrak shall establish a pilot program for a State or States that sponsor a State-supported route operated by Amtrak to facilitate—
onboard purchase and sale of local food and beverage products; and
partnerships with local entities to hold promotional events on trains or in stations.
Program Design.— The pilot program under paragraph (1) shall—
allow a State or States to nominate and select a local food and beverage products supplier or suppliers or local promotional event partner;
allow a State or States to charge a reasonable price or fee for local food and beverage products or promotional events and related activities to help defray the costs of program administration and State-supported routes; and
provide a mechanism to ensure that State products can effectively be handled and integrated into existing food and beverage services, including compliance with all applicable regulations and standards governing such services.
Program Administration.— The pilot program shall—
for local food and beverage products, ensure the products are integrated into existing food and beverage services, including compliance with all applicable regulations and standards;
for promotional events, ensure the events are held in compliance with all applicable regulations and standards, including terms to address insurance requirements; and
require an annual report that documents revenues and costs and indicates whether the products or events resulted in a reduction in the financial contribution of a State or States to the applicable State-supported route.
Report.— Not later than 4 years after the date of enactment of this Act, Amtrak shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on which States have participated in the pilot programs under this section. The report shall summarize the financial and operational outcomes of the pilot programs and include any plan for future action.
Rule of Construction.— Nothing in this section shall be construed as limiting Amtrak’s ability to operate special trains in accordance with section 216 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24308 note).
SEC. 11210. Amtrak Pilot Program for Passengers Transporting Domesticated Cats and Dogs.
In General.— Not later than 1 year after the date of enactment of this Act, Amtrak shall develop a pilot program that allows passengers to transport domesticated cats or dogs on certain trains operated by Amtrak.
Pet Policy.— In developing the pilot program required under subsection (a), Amtrak shall—
in the case of a passenger train that is comprised of more than 1 car, designate, where feasible, at least 1 car in which a ticketed passenger may transport a domesticated cat or dog in the same manner as carry-on baggage if—
the cat or dog is contained in a pet kennel;
the pet kennel complies with Amtrak size requirements for carriage of carry-on baggage;
the passenger is traveling on a train operating on a route described in subparagraph (A), (B), or (D) of section 24102(7) of title 49, United States Code; and
the passenger pays a fee described in paragraph (3);
allow a ticketed passenger to transport a domesticated cat or dog on a train in the same manner as cargo if—
the cat or dog is contained in a pet kennel;
the pet kennel complies with Amtrak size requirements for carriage of carry-on baggage;
the passenger is traveling on a train operating on a route described in subparagraph (A), (B), or (D) of section 24102(7) of title 49, United States Code;
the cargo area is temperature controlled in a manner protective of cat and dog safety and health; and
the passenger pays a fee described in paragraph (3); and
collect fees for each cat or dog transported by a ticketed passenger in an amount that, in the aggregate and at a minimum, covers the full costs of the pilot program.
Report.— Not later than 1 year after the pilot program required under subsection (a) is first implemented, Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing an evaluation of the pilot program.
Limitation on Statutory Construction.—
Service animals.— The pilot program under subsection (a) shall be separate from and in addition to the policy governing Amtrak passengers traveling with service animals. Nothing in this section may be interpreted to limit or waive the rights of passengers to transport service animals.
Additional train cars.— Nothing in this section may be interpreted to require Amtrak to add additional train cars or modify existing train cars.
Federal funds.— No Federal funds may be used to implement the pilot program required under this section.
SEC. 11211. Right-Of-Way Leveraging.
Request for Proposals.—
In general.— Not later than 1 year after the date of enactment of this Act, Amtrak shall issue a Request for Proposals seeking qualified persons or entities to utilize right-of-way and real estate owned, controlled, or managed by Amtrak for telecommunications systems, energy distribution systems, and other activities considered appropriate by Amtrak.
Contents.— The Request for Proposals shall provide sufficient information on the right-of-way and real estate assets to enable respondents to propose an arrangement that will monetize or generate additional revenue from such assets through revenue sharing or leasing agreements with Amtrak, to the extent possible.
Deadline.— Amtrak shall set a deadline for the submission of proposals that is not later than 1 year after the issuance of the Request for Proposals under paragraph (1).
Consideration of Proposals.— Not later than 180 days after the deadline for the receipt of proposals under subsection (a), the Amtrak Board of Directors shall review and consider each qualified proposal. Amtrak may enter into such agreements as are necessary to implement any qualified proposal.
Report.— Not later than 1 year after the deadline for the receipt of proposals under subsection (a), Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Request for Proposals required by this section, including summary information of any proposals submitted to Amtrak and any proposals accepted by the Amtrak Board of Directors.
Savings Clause.— Nothing in this section shall be construed to limit Amtrak’s ability to utilize right-of-way or real estate assets that it currently owns, controls, or manages or constrain Amtrak’s ability to enter into agreements with other parties to utilize such assets.
SEC. 11212. Station Development.
Report on Development Options.— Not later than 1 year after the date of enactment of this Act, Amtrak shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
options to enhance economic development and accessibility of and around Amtrak stations and terminals, for the purposes of—
improving station condition, functionality, capacity, and customer amenities;
generating additional investment capital and development-related revenue streams;
increasing ridership and revenue; and
strengthening multimodal connections, including transit, intercity buses, roll-on and roll-off bicycles, and airports, as appropriate; and
options for additional Amtrak stops that would have a positive incremental financial impact to Amtrak, based on Amtrak feasibility studies that demonstrate a financial benefit to Amtrak by generating additional revenue that exceeds any incremental costs.
Request for Information.— Not later than 90 days after the date the report is submitted under subsection (a), Amtrak shall issue a Request for Information for 1 or more owners of stations served by Amtrak to formally express an interest in completing the requirements of this section.
Proposals.—
Request for proposals.— Not later than 180 days after the date the Request for Information is issued under subsection (b), Amtrak shall issue a Request for Proposals from qualified persons, including small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses, to lead, participate, or partner with Amtrak, a station owner that responded under subsection (b), and other entities in enhancing development in and around such stations and terminals using applicable options identified under subsection (a) at facilities selected by Amtrak.
Consideration of proposals.— Not later than 1 year after the date the Request for Proposals is issued under paragraph (1), the Amtrak Board of Directors shall review and consider qualified proposals submitted under paragraph (1). Amtrak or a station owner that responded under subsection (b) may enter into such agreements as are necessary to implement any qualified proposal.
Report.— Not later than 4 years after the date of enactment of this Act, Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Request for Proposals process required under this section, including summary information of any qualified proposals submitted to Amtrak and any proposals acted upon by Amtrak or a station owner that responded under subsection (b).
Definitions.— In this section, the terms “small business concern”, “socially and economically disadvantaged individual”, and “veteran-owned small business” have the meanings given the terms in section 11310(c) of this Act.
Savings Clause.— Nothing in this section shall be construed to limit Amtrak’s ability to develop its stations, terminals, or other assets, to constrain Amtrak’s ability to enter into and carry out agreements with other parties to enhance development at or around Amtrak stations or terminals, or to affect any station development initiatives ongoing as of the date of enactment of this Act.
SEC. 11213. Amtrak Boarding Procedures.
Report.— Not later than 9 months after the date of enactment of this Act, the Amtrak Office of Inspector General shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
evaluates Amtrak’s boarding procedures for passengers, including passengers using or transporting nonmotorized transportation, such as bicycles, at its 15 stations through which the most people pass;
compares Amtrak’s boarding procedures to—
boarding procedures of providers of commuter railroad passenger transportation at stations shared with Amtrak;
international intercity passenger rail boarding procedures; and
fixed guideway transit boarding procedures; and
makes recommendations, as appropriate, to improve Amtrak’s boarding procedures, including recommendations regarding the queuing of passengers and free-flow of all station users and facility improvements needed to achieve the recommendations.
Consideration of Recommendations.— Not later than 6 months after the report is submitted under subsection (a), the Amtrak Board of Directors shall consider each recommendation provided under subsection (a)(3) for implementation at appropriate locations across the Amtrak system.
SEC. 11214. Amtrak Debt.
Section 205 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended—
by striking “ as of the date of enactment of this Act” each place it appears;
in subsection (a)—
by inserting “ , to the extent provided in advance in appropriations Acts” after “ Amtrak’s indebtedness”; and
by striking the second sentence;
in subsection (b) by striking “ The Secretary of the Treasury, in consultation” and inserting “ To the extent amounts are provided in advance in appropriations Acts, the Secretary of the Treasury, in consultation”;
in subsection (d), by inserting “ , to the extent provided in advance in appropriations Acts” after “ as appropriate”;
in subsection (e)—
in paragraph (1) by striking “ by section 102 of this division”; and
in paragraph (2) by striking “ by section 102” and inserting “ for Amtrak”;
in subsection (g) by inserting “ , unless that debt receives credit assistance, including direct loans and loan guarantees, under chapter 6 of title 23, United States Code or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” after “ Secretary”; and
by striking subsection (h).
SEC. 11215. Elimination of Duplicative Reporting.
Not later than 1 year after the date of enactment of this Act, the Secretary shall—
review existing Amtrak reporting requirements and identify where the existing requirements are duplicative with the business line and asset plans required by section 24320 of title 49, United States Code, or any other planning or reporting requirements under Federal law or regulation;
if the duplicative requirements identified under paragraph (1) are administrative, eliminate such requirements; and
submit to Congress a report with any recommendations for repealing any other duplicative requirements.
Subtitle C Intercity Passenger Rail Policy
SEC. 11301. Consolidated Rail Infrastructure and Safety Improvements.
In General.— Chapter 244 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 24407. Consolidated rail infrastructure and safety improvements
“(a) General Authority.—The Secretary may make grants under this section to an eligible recipient to assist in financing the cost of improving passenger and freight rail transportation systems in terms of safety, efficiency, or reliability.
“(b) Eligible Recipients.—The following entities are eligible to receive a grant under this section:
“(1) A State.
“(2) A group of States.
“(3) An Interstate Compact.
“(4) A public agency or publicly chartered authority established by 1 or more States.
“(5) A political subdivision of a State.
“(6) Amtrak or another rail carrier that provides intercity rail passenger transportation (as defined in section 24102).
“(7) A Class II railroad or Class III railroad (as those terms are defined in section 20102).
“(8) Any rail carrier or rail equipment manufacturer in partnership with at least 1 of the entities described in paragraphs (1) through (5).
“(9) The Transportation Research Board and any entity with which it contracts in the development of rail-related research, including cooperative research programs.
“(10) A University transportation center engaged in rail-related research.
“(11) A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors.
“(c) Eligible Projects.—The following projects are eligible to receive grants under this section:
“(1) Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.
“(2) A capital project as defined in section 24401(2), except that a project shall not be required to be in a State rail plan developed under chapter 227.
“(3) A capital project identified by the Secretary as being necessary to address congestion challenges affecting rail service.
“(4) A capital project identified by the Secretary as being necessary to reduce congestion and facilitate ridership growth in intercity passenger rail transportation along heavily traveled rail corridors.
“(5) A highway-rail grade crossing improvement project, including installation, repair, or improvement of grade separations, railroad crossing signals, gates, and related technologies, highway traffic signalization, highway lighting and crossing approach signage, roadway improvements such as medians or other barriers, railroad crossing panels and surfaces, and safety engineering improvements to reduce risk in quiet zones or potential quiet zones.
“(6) A rail line relocation and improvement project.
“(7) A capital project to improve short-line or regional railroad infrastructure.
“(8) The preparation of regional rail and corridor service development plans and corresponding environmental analyses.
“(9) Any project that the Secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity rail passenger transportation and intercity bus service or commercial air service.
“(10) The development and implementation of a safety program or institute designed to improve rail safety.
“(11) Any research that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements.
“(12) Workforce development and training activities, coordinated to the extent practicable with the existing local training programs supported by the Department of Transportation, the Department of Labor, and the Department of Education.
“(d) Application Process.—The Secretary shall prescribe the form and manner of filing an application under this section.
“(e) Project Selection Criteria.—
“(1) In general.—In selecting a recipient of a grant for an eligible project, the Secretary shall—
“(A) give preference to a proposed project for which the proposed Federal share of total project costs does not exceed 50 percent; and
“(B) after factoring in preference to projects under subparagraph (A), select projects that will maximize the net benefits of the funds appropriated for use under this section, considering the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph (2).
“(2) Other considerations.—The Secretary shall also consider the following:
“(A) The degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the project.
“(B) The recipient’s past performance in developing and delivering similar projects, and previous financial contributions.
“(C) Whether the recipient has or will have the legal, financial, and technical capacity to carry out the proposed project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities.
“(D) If applicable, the consistency of the proposed project with planning guidance and documents set forth by the Secretary or required by law or State rail plans developed under chapter 227.
“(E) If applicable, any technical evaluation ratings the proposed project received under previous competitive grant programs administered by the Secretary.
“(F) Such other factors as the Secretary considers relevant to the successful delivery of the project.
“(3) Benefits.—The benefits described in paragraph (1)(B) may include the effects on system and service performance, including measures such as improved safety, competitiveness, reliability, trip or transit time, resilience, efficiencies from improved integration with other modes, the ability to meet existing or anticipated demand, and any other benefits.
“(f) Performance Measures.—The Secretary shall establish performance measures for each grant recipient to assess progress in achieving strategic goals and objectives. The Secretary may require a grant recipient to periodically report information related to such performance measures.
“(g) Rural Areas.—
“(1) In general.—Of the amounts appropriated under this section, at least 25 percent shall be available for projects in rural areas. The Secretary shall consider a project to be in a rural area if all or the majority of the project (determined by the geographic location or locations where the majority of the project funds will be spent) is located in a rural area.
“(2) Definition of rural area.—In this subsection, the term ‘rural area’ means any area not in an urbanized area, as defined by the Bureau of the Census.
“(h) Federal Share of Total Project Costs.—
“(1) Total project costs.—The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
“(2) Federal share.—The Federal share of total project costs under this section shall not exceed 80 percent.
“(3) Treatment of passenger rail revenue.—If Amtrak or another rail carrier is an applicant under this section, Amtrak or the other rail carrier, as applicable, may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements.
“(i) Applicability.—Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the requirements of this chapter.
“(j) Availability.—Amounts appropriated for carrying out this section shall remain available until expended.
“(k) Limitation.—The requirements of sections 24402, 24403, and 24404 and the definition contained in 24401(1) shall not apply to this section.
“(l) Special Transportation Circumstances.—
“(1) In general.—In carrying out this chapter, the Secretary shall allocate an appropriate portion of the amounts available to programs in this chapter to provide grants to States—
“(A) in which there is no intercity passenger rail service, for the purpose of funding freight rail capital projects that are on a State rail plan developed under chapter 227 that provide public benefits (as defined in chapter 227), as determined by the Secretary; or
“(B) in which the rail transportation system is not physically connected to rail systems in the continental United States or may not otherwise qualify for a grant under this section due to the unique characteristics of the geography of that State or other relevant considerations, for the purpose of funding transportation-related capital projects.
“(2) Definition.—For the purposes of this subsection, the term ‘appropriate portion’ means a share, for each State subject to paragraph (1), not less than the share of the total railroad route miles in such State of the total railroad route miles in the United States, excluding from all totals the route miles exclusively used for tourist, scenic, and excursion railroad operations.”
Conforming Amendment.— The table of contents of chapter 244 of title 49, United States Code, is amended by adding after the item relating to section 24406 the following:
“24407. Consolidated rail infrastructure and safety improvements.”.
Repeals.—
Sections 20154 and 20167 of chapter 201 of title 49, United States Code, and the items relating to such sections in the table of contents of such chapter, are repealed.
Section 24105 of chapter 241 of title 49, United States Code, and the item relating to such section in the table of contents of such chapter, is repealed.
Chapter 225 of title 49, United States Code, and the item relating to such chapter in the table of contents of subtitle V of such title, is repealed.
Section 22108 of chapter 221 of title 49, United States Code, and the item relating to such section in the table of contents of such chapter, are repealed.
SEC. 11302. Federal-State Partnership for State of Good Repair.
Amendment.— Chapter 249 of title 49, United States Code, is amended by inserting after section 24910 the following:
Ҥ 24911. Federal-State partnership for state of good repair
“(a) Definitions.—In this section:
“(1) Applicant.—The term ‘applicant’ means—
“(A) a State (including the District of Columbia);
“(B) a group of States;
“(C) an Interstate Compact;
“(D) a public agency or publicly chartered authority established by 1 or more States;
“(E) a political subdivision of a State;
“(F) Amtrak, acting on its own behalf or under a cooperative agreement with 1 or more States; or
“(G) any combination of the entities described in subparagraphs (A) through (F).
“(2) Capital project.—The term ‘capital project’ means—
“(A) a project primarily intended to replace, rehabilitate, or repair major infrastructure assets utilized for providing intercity rail passenger service, including tunnels, bridges, stations, and other assets, as determined by the Secretary; or
“(B) a project primarily intended to improve intercity passenger rail performance, including reduced trip times, increased train frequencies, higher operating speeds, and other improvements, as determined by the Secretary.
“(3) Intercity rail passenger transportation.—The term ‘intercity rail passenger transportation’ has the meaning given the term in section 24102.
“(4) Northeast corridor.—The term ‘Northeast Corridor’ means—
“(A) the main rail line between Boston, Massachusetts and the District of Columbia;
“(B) the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and
“(C) facilities and services used to operate and maintain lines described in subparagraphs (A) and (B).
“(5) Qualified railroad asset.—The term ‘qualified railroad asset’ means infrastructure, equipment, or a facility that—
“(A) is owned or controlled by an eligible applicant;
“(B) is contained in the planning document developed under section 24904 and for which a cost-allocation policy has been developed under section 24905(c), or is contained in an equivalent planning document and for which a similar cost-allocation policy has been developed; and
“(C) was not in a state of good repair on the date of enactment of the Passenger Rail Reform and Investment Act of 2015.
“(b) Grant Program Authorized.—The Secretary of Transportation shall develop and implement a program for issuing grants to applicants, on a competitive basis, to fund capital projects that reduce the state of good repair backlog with respect to qualified railroad assets.
“(c) Eligible Projects.—Projects eligible for grants under this section include capital projects to replace or rehabilitate qualified railroad assets, including—
“(1) capital projects to replace existing assets in-kind;
“(2) capital projects to replace existing assets with assets that increase capacity or provide a higher level of service;
“(3) capital projects to ensure that service can be maintained while existing assets are brought to a state of good repair; and
“(4) capital projects to bring existing assets into a state of good repair.
“(d) Project Selection Criteria.—In selecting an applicant for a grant under this section, the Secretary shall—
“(1) give preference to eligible projects for which—
“(A) Amtrak is not the sole applicant;
“(B) applications were submitted jointly by multiple applicants; and
“(C) the proposed Federal share of total project costs does not exceed 50 percent; and
“(2) take into account—
“(A) the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including—
“(i) effects on system and service performance;
“(ii) effects on safety, competitiveness, reliability, trip or transit time, and resilience;
“(iii) efficiencies from improved integration with other modes; and
“(iv) ability to meet existing or anticipated demand;
“(B) the degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the proposed project;
“(C) the applicant’s past performance in developing and delivering similar projects, and previous financial contributions;
“(D) whether the applicant has, or will have—
“(i) the legal, financial, and technical capacity to carry out the project;
“(ii) satisfactory continuing control over the use of the equipment or facilities; and
“(iii) the capability and willingness to maintain the equipment or facilities;
“(E) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or required by law; and
“(F) any other relevant factors, as determined by the Secretary.
“(e) Northeast Corridor Projects.—
“(1) Compliance with usage agreements.—Grant funds may not be provided under this section to an eligible recipient for an eligible project located on the Northeast Corridor unless Amtrak and the public authorities providing commuter rail passenger transportation on the Northeast Corridor are in compliance with section 24905(c)(2).
“(2) Capital investment plan.—When selecting projects located on the Northeast Corridor, the Secretary shall consider the appropriate sequence and phasing of projects as contained in the Northeast Corridor capital investment plan developed pursuant to section 24904(a).
“(f) Federal Share of Total Project Costs.—
“(1) Total project cost.—The Secretary shall estimate the total cost of a project under this section based on the best available information, including engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
“(2) Federal share.—The Federal share of total costs for a project under this section shall not exceed 80 percent.
“(3) Treatment of amtrak revenue.—If Amtrak is an applicant under this section, Amtrak may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements.
“(g) Letters of Intent.—
“(1) In general.—The Secretary shall, to the maximum extent practicable, issue a letter of intent to a grantee under this section that—
“(A) announces an intention to obligate, for a major capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project; and
“(B) states that the contingent commitment—
“(i) is not an obligation of the Federal Government; and
“(ii) is subject to the availability of appropriations for grants under this section and subject to Federal laws in force or enacted after the date of the contingent commitment.
“(2) Congressional notification.—
“(A) In general.—Not later than 30 days before issuing a letter under paragraph (1), the Secretary shall submit written notification to—
“(i) the Committee on Commerce, Science, and Transportation of the Senate;
“(ii) the Committee on Appropriations of the Senate;
“(iii) the Committee on Transportation and Infrastructure of the House of Representatives; and
“(iv) the Committee on Appropriations of the House of Representatives.
“(B) Contents.—The notification submitted pursuant to subparagraph (A) shall include—
“(i) a copy of the proposed letter;
“(ii) the criteria used under subsection (d) for selecting the project for a grant award; and
“(iii) a description of how the project meets such criteria.
“(3) Appropriations required.—An obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose.
“(h) Availability.—Amounts appropriated for carrying out this section shall remain available until expended.
“(i) Grant Conditions.—Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the grant conditions under section 24405.”
Conforming Amendment.— The table of contents for chapter 249 is amended by inserting after the item relating to section 24910 the following:
“24911. Federal-State partnership for state of good repair.”.
SEC. 11303. Restoration and Enhancement Grants.
In General.— Chapter 244 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 24408. Restoration and enhancement grants
“(a) Applicant Defined.—Notwithstanding section 24401(1), in this section, the term ‘applicant’ means—
“(1) a State, including the District of Columbia;
“(2) a group of States;
“(3) an Interstate Compact;
“(4) a public agency or publicly chartered authority established by 1 or more States;
“(5) a political subdivision of a State;
“(6) Amtrak or another rail carrier that provides intercity rail passenger transportation;
“(7) Any rail carrier in partnership with at least 1 of the entities described in paragraphs (1) through (5); and
“(8) any combination of the entities described in paragraphs (1) through (7).
“(b) Grants Authorized.—The Secretary of Transportation shall develop and implement a program for issuing operating assistance grants to applicants, on a competitive basis, for the purpose of initiating, restoring, or enhancing intercity rail passenger transportation.
“(c) Application.—An applicant for a grant under this section shall submit to the Secretary—
“(1) a capital and mobilization plan that—
“(A) describes any capital investments, service planning actions (such as environmental reviews), and mobilization actions (such as qualification of train crews) required for initiation of intercity rail passenger transportation; and
“(B) includes the timeline for undertaking and completing each of the investments and actions referred to in subparagraph (A);
“(2) an operating plan that describes the planned operation of the service, including—
“(A) the identity and qualifications of the train operator;
“(B) the identity and qualifications of any other service providers;
“(C) service frequency;
“(D) the planned routes and schedules;
“(E) the station facilities that will be utilized;
“(F) projected ridership, revenues, and costs;
“(G) descriptions of how the projections under subparagraph (F) were developed;
“(H) the equipment that will be utilized, how such equipment will be acquired or refurbished, and where such equipment will be maintained; and
“(I) a plan for ensuring safe operations and compliance with applicable safety regulations;
“(3) a funding plan that—
“(A) describes the funding of initial capital costs and operating costs for the first 3 years of operation;
“(B) includes a commitment by the applicant to provide the funds described in subparagraph (A) to the extent not covered by Federal grants and revenues; and
“(C) describes the funding of operating costs and capital costs, to the extent necessary, after the first 3 years of operation; and
“(4) a description of the status of negotiations and agreements with—
“(A) each of the railroads or regional transportation authorities whose tracks or facilities would be utilized by the service;
“(B) the anticipated railroad carrier, if such entity is not part of the applicant group; and
“(C) any other service providers or entities expected to provide services or facilities that will be used by the service, including any required access to Amtrak systems, stations, and facilities if Amtrak is not part of the applicant group.
“(d) Priorities.—In awarding grants under this section, the Secretary shall give priority to applications—
“(1) for which planning, design, any environmental reviews, negotiation of agreements, acquisition of equipment, construction, and other actions necessary for initiation of service have been completed or nearly completed;
“(2) that would restore service over routes formerly operated by Amtrak, including routes described in section 11304 of the Passenger Rail Reform and Investment Act of 2015;
“(3) that would provide daily or daytime service over routes where such service did not previously exist;
“(4) that include funding (including funding from railroads), or other significant participation by State, local, and regional governmental and private entities;
“(5) that include a funding plan that demonstrates the intercity rail passenger service will be financially sustainable beyond the 3-year grant period;
“(6) that would provide service to regions and communities that are underserved or not served by other intercity public transportation;
“(7) that would foster economic development, particularly in rural communities and for disadvantaged populations;
“(8) that would provide other non-transportation benefits; and
“(9) that would enhance connectivity and geographic coverage of the existing national network of intercity rail passenger service.
“(e) Limitations.—
“(1) Duration.—Federal operating assistance grants authorized under this section for any individual intercity rail passenger transportation route may not provide funding for more than 3 years and may not be renewed.
“(2) Limitation.—Not more than 6 of the operating assistance grants awarded pursuant to subsection (b) may be simultaneously active.
“(3) Maximum funding.—Grants described in paragraph (1) may not exceed—
“(A) 80 percent of the projected net operating costs for the first year of service;
“(B) 60 percent of the projected net operating costs for the second year of service; and
“(C) 40 percent of the projected net operating costs for the third year of service.
“(f) Use With Capital Grants and Other Federal Funding.—A recipient of an operating assistance grant under subsection (b) may use that grant in combination with other Federal grants awarded that would benefit the applicable service.
“(g) Availability.—Amounts appropriated for carrying out this section shall remain available until expended.
“(h) Coordination With Amtrak.—If the Secretary awards a grant under this section to a rail carrier other than Amtrak, Amtrak may be required consistent with section 24711(c)(1) of this title to provide access to its reservation system, stations, and facilities that are directly related to operations to such carrier, to the extent necessary to carry out the purposes of this section. The Secretary may award an appropriate portion of the grant to Amtrak as compensation for this access.
“(i) Conditions.—
“(1) Grant agreement.—The Secretary shall require a grant recipient under this section to enter into a grant agreement that requires such recipient to provide similar information regarding the route performance, financial, and ridership projections, and capital and business plans that Amtrak is required to provide, and such other data and information as the Secretary considers necessary.
“(2) Installments; termination.—The Secretary may—
“(A) award grants under this section in installments, as the Secretary considers appropriate; and
“(B) terminate any grant agreement upon—
“(i) the cessation of service; or
“(ii) the violation of any other term of the grant agreement.
“(3) Grant conditions.—The Secretary shall require each recipient of a grant under this section to comply with the grant requirements of section 24405.
“(j) Report.—Not later than 4 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary, after consultation with grant recipients under this section, shall submit to Congress a report that describes—
“(1) the implementation of this section;
“(2) the status of the investments and operations funded by such grants;
“(3) the performance of the routes funded by such grants;
“(4) the plans of grant recipients for continued operation and funding of such routes; and
“(5) any legislative recommendations.”
Conforming Amendments.—
Chapter 244.— Chapter 244 of title 49, United States Code, is further amended—
in the table of contents by adding at the end the following:
“24408. Restoration and enhancement grants.”;
in the chapter heading by striking “ INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE” and inserting “ RAIL IMPROVEMENT GRANTS”;
in section 24402 by striking subsection (j); and
in section 24405—
in subsection (b)(2) by striking “ (43” and inserting “ (45”;
in subsection (c)(2)(B) by striking “ protective arrangements established” and inserting “ protective arrangements that are equivalent to the protective arrangements established”;
in subsection (d)(1), in the matter preceding subparagraph (A), by inserting “ or unless Amtrak ceased providing intercity passenger railroad transportation over the affected route more than 3 years before the commencement of new service” after “ unless such service was provided solely by Amtrak to another entity”; and
in subsection (f) by striking “ under this chapter for commuter rail passenger transportation, as defined in section 24102(4) of this title.” and inserting “ under this chapter for commuter rail passenger transportation (as defined in section 24102(3)).”; and
Table of chapters amendment.— The item relating to chapter 244 in the table of chapters of subtitle V of title 49, United States Code, is amended by striking “ Intercity passenger rail service corridor capital assistance” and inserting “ Rail improvement grants”.
SEC. 11304. Gulf Coast Rail Service Working Group.
In General.— Not later than 90 days after the date of enactment of this Act, the Secretary shall convene a working group to evaluate the restoration of intercity rail passenger service in the Gulf Coast region between New Orleans, Louisiana, and Orlando, Florida.
Membership.— The working group convened pursuant to subsection (a) shall consist of representatives of—
the Federal Railroad Administration, which shall serve as chair of the working group;
Amtrak;
the States along the proposed route or routes;
regional transportation planning organizations and metropolitan planning organizations, municipalities, and communities along the proposed route or routes, which shall be selected by the Administrator;
the Southern Rail Commission;
railroad carriers whose tracks may be used for such service; and
other entities determined appropriate by the Secretary, which may include other railroad carriers that express an interest in Gulf Coast service.
Responsibilities.— The working group shall—
evaluate all options for restoring intercity rail passenger service in the Gulf Coast region, including options outlined in the report transmitted to Congress pursuant to section 226 of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432);
select a preferred option for restoring such service;
develop a prioritized inventory of capital projects and other actions required to restore such service and cost estimates for such projects or actions; and
identify Federal and non-Federal funding sources required to restore such service, including options for entering into public-private partnerships to restore such service.
Report.— Not later than 9 months after the date of enactment of this Act, the working group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes—
the preferred option selected under subsection (c)(2) and the reasons for selecting such option;
the information described in subsection (c)(3);
the funding sources identified under subsection (c)(4);
the costs and benefits of restoring intercity rail passenger transportation in the region; and
any other information the working group determines appropriate.
Funding.— From funds made available under section 11101(d), the Secretary shall provide—
financial assistance to the working group to perform requested independent technical analysis of issues before the working group; and
administrative expenses that the Secretary determines necessary.
SEC. 11305. Northeast Corridor Commission.
in paragraph (1)—
in the matter preceding subparagraph (A) by inserting “ , infrastructure investments,” after “ rail operations”;
by striking subparagraph (B) and inserting the following:
“(B) members representing the Department of Transportation, including the Office of the Secretary, the Federal Railroad Administration, and the Federal Transit Administration;”
; and
in subparagraph (D) by inserting “ and commuter” after “ freight”; and
by amending paragraph (6) to read as follows:
“(6) The members of the Commission shall elect co-chairs consisting of 1 member described in paragraph (1)(B) and 1 member described in paragraph (1)(C).”
Statement of Goals and Recommendations.— Section 24905(b) of title 49, United States Code, is amended—
in paragraph (1) by inserting “ and periodically update” after “ develop”;
in paragraph (2)(A) by striking “ beyond those specified in the state-of-good-repair plan under section 211 of the Passenger Rail Investment and Improvement Act of 2008”; and
by adding at the end the following:
“(3) Submission of statement of goals, recommendations, and performance reports.—The Commission 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) any updates made to the statement of goals developed under paragraph (1) not later than 60 days after such updates are made; and
“(B) annual performance reports and recommendations for improvements, as appropriate, issued not later than March 31 of each year, for the prior fiscal year, which summarize—
“(i) the operations and performance of commuter, intercity, and freight rail transportation along the Northeast Corridor; and
“(ii) the delivery of the capital investment plan described in section 24904.”
in the subsection heading by striking “ Access Costs” and inserting “ Allocation of Costs”;
in paragraph (1)—
in the paragraph heading by striking “ formula” and inserting “ policy”;
in the matter preceding subparagraph (A) by striking “ Within 2 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, the Commission” and inserting “ The Commission”;
in subparagraph (A) by striking “ formula” and inserting “ policy”; and
by striking subparagraphs (B) through (D) and inserting the following:
“(B) develop a proposed timetable for implementing the policy;
“(C) submit the policy and the timetable developed under subparagraph (B) to the Surface Transportation Board, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives;
“(D) not later than October 1, 2015, adopt and implement the policy in accordance with the timetable; and
“(E) with the consent of a majority of its members, petition the Surface Transportation Board to appoint a mediator to assist the Commission members through nonbinding mediation to reach an agreement under this section.”
in paragraph (2)—
by striking “ formula proposed in” and inserting “ policy developed under”; and
in the second sentence—
by striking “ the timetable, the Commission shall petition the Surface Transportation Board to” and inserting “ paragraph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall”; and
by striking “ amounts for such services in accordance with section 24904(c) of this title” and inserting “ for such usage in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1)(A), as applicable”;
in paragraph (3), by striking “ formula” and inserting “ policy”; and
by adding at the end the following:
“(4) Request for dispute resolution.—If a dispute arises with the implementation of, or compliance with, the policy developed under paragraph (1), the Commission, Amtrak, or public authorities providing commuter rail passenger transportation on the Northeast Corridor may request that the Surface Transportation Board conduct dispute resolution. The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this paragraph, which may include the provision of professional mediation services.”
Conforming Amendments.—
in the section heading by striking “ infrastructure and operations advisory”;
in subsection (a)—
in the heading by striking “ Infrastructure and Operations Advisory”; and
by striking “ Infrastructure and Operations Advisory”;
by striking subsection (d);
by redesignating subsections (e) and (f) as subsections (d) and (e), respectively;
in subsection (d), as so redesignated—
by striking “ to the Commission” and inserting “ to the Secretary for the use of the Commission and the Northeast Corridor Safety Committee”; and
by striking “ for the period encompassing fiscal years 2009 through 2013 to carry out this section” and inserting “ to carry out this section during fiscal years 2016 through 2020, in addition to any amounts withheld under section 11101(g) of the Passenger Rail Reform and Investment Act of 2015”; and
in subsection (e)(2), as so redesignated, by striking “ on the main line.” and inserting “ on the main line and meet annually with the Commission on the topic of Northeast Corridor safety and security.”.
Table of contents.— The table of contents for chapter 249 of title 49, United States Code, is amended by striking the item relating to section 24905 and inserting the following:
“24905. Northeast Corridor Commission.”.
SEC. 11306. Northeast Corridor Planning.
Amendment.— Chapter 249 of title 49, United States Code, is amended—
by redesignating section 24904 as section 24903; and
by inserting after section 24903, as so redesignated, the following:
Ҥ 24904. Northeast Corridor planning
“(a) Northeast Corridor Capital Investment Plan.—
“(1) Requirement.—Not later than May 1 of each year, the Northeast Corridor Commission established under section 24905 (referred to in this section as the ‘Commission’) shall—
“(A) develop a capital investment plan for the Northeast Corridor; and
“(B) submit the capital investment plan to the Secretary of Transportation and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(2) Contents.—The capital investment plan shall—
“(A) reflect coordination and network optimization across the entire Northeast Corridor;
“(B) integrate the individual capital and service plans developed by each operator using the methods described in the cost allocation policy developed under section 24905(c);
“(C) cover a period of 5 fiscal years, beginning with the first fiscal year after the date on which the plan is completed;
“(D) notwithstanding section 24902(b), identify, prioritize, and phase the implementation of projects and programs to achieve the service outcomes identified in the Northeast Corridor service development plan and the asset condition needs identified in the Northeast Corridor asset management plans, once available, and consider—
“(i) the benefits and costs of capital investments in the plan;
“(ii) project and program readiness;
“(iii) the operational impacts; and
“(iv) Federal and non-Federal funding availability;
“(E) categorize capital projects and programs as primarily associated with—
“(i) normalized capital replacement and basic infrastructure renewals;
“(ii) replacement or rehabilitation of major Northeast Corridor infrastructure assets, including tunnels, bridges, stations, and other assets;
“(iii) statutory, regulatory, or other legal mandates;
“(iv) improvements to support service enhancements or growth; or
“(v) strategic initiatives that will improve overall operational performance or lower costs;
“(F) identify capital projects and programs that are associated with more than 1 category described in subparagraph (E);
“(G) describe the anticipated outcomes of each project or program, including an assessment of—
“(i) the potential effect on passenger accessibility, operations, safety, reliability, and resiliency;
“(ii) the ability of infrastructure owners and operators to meet regulatory requirements if the project or program is not funded; and
“(iii) the benefits and costs; and
“(H) include a financial plan.
“(3) Financial plan.—The financial plan under paragraph (2)(H) shall—
“(A) identify funding sources and financing methods;
“(B) identify the expected allocated shares of costs pursuant to the cost allocation policy developed under section 24905(c);
“(C) identify the projects and programs that the Commission expects will receive Federal financial assistance; and
“(D) identify the eligible entity or entities that the Commission expects will receive the Federal financial assistance described under subparagraph (C) and implement each capital project.
“(b) Failure To Develop a Capital Investment Plan.—If a capital investment plan has not been developed by the Commission for a given fiscal year, then the funds assigned to the Northeast Corridor account established under section 24317(b) for that fiscal year may be spent only on—
“(1) capital projects described in clause (i) or (iii) of subsection (a)(2)(E) of this section; or
“(2) capital projects described in subsection (a)(2)(E)(iv) or (v) of this section that are for the sole benefit of Amtrak.
“(c) Northeast Corridor Asset Management.—
“(1) Contents.—With regard to its infrastructure, Amtrak and each State and public transportation entity that owns infrastructure that supports or provides for intercity rail passenger transportation on the Northeast Corridor shall develop an asset management system and develop and update, as necessary, a Northeast Corridor asset management plan for each service territory described in subsection (a) that—
“(A) is consistent with the Federal Transit Administration process, as authorized under section 5326, when implemented; and
“(B) includes, at a minimum—
“(i) an inventory of all capital assets owned by the developer of the asset management plan;
“(ii) an assessment of asset condition;
“(iii) a description of the resources and processes necessary to bring or maintain those assets in a state of good repair, including decision-support tools and investment prioritization methods; and
“(iv) a description of changes in asset condition since the previous version of the plan.
“(2) Transmittal.—Each entity described in paragraph (1) shall transmit to the Commission—
“(A) not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, a Northeast Corridor asset management plan developed under paragraph (1); and
“(B) at least biennially thereafter, an update to such plan.
“(d) Northeast Corridor Service Development Plan Updates.—Not less frequently than once every 10 years, the Commission shall update the Northeast Corridor service development plan.
“(e) Definition of Northeast Corridor.—In this section, the term ‘Northeast Corridor’ means the main line between Boston, Massachusetts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, including the facilities and services used to operate and maintain those lines.”
Conforming Amendments.—
Note and mortgage.— Section 24907(a) of title 49, United States Code, is amended by striking “ section 24904 of this title” and inserting “ section 24903”.
Table of contents.— The table of contents for chapter 249 of title 49, United States Code, is amended—
by redesignating the item relating to section 24904 as relating to section 24903; and
by inserting after the item relating to section 24903, as so redesignated, the following:
“24904. Northeast Corridor planning.”.
Repeal.— Section 211 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24902 note) is repealed.
SEC. 11307. Competition.
Competitive Passenger Rail Service Pilot Program.— Section 24711 of title 49, United States Code, is amended to read as follows:
Ҥ 24711. Competitive passenger rail service pilot program
“(a) In General.—Not later than 18 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall promulgate a rule to implement a pilot program for competitive selection of eligible petitioners described in subsection (b)(3) in lieu of Amtrak to operate not more than 3 long-distance routes (as defined in section 24102) operated by Amtrak on the date of enactment of such Act.
“(b) Pilot Program Requirements.—
“(1) In general.—The pilot program shall—
“(A) allow a petitioner described in paragraph (3) to petition the Secretary to provide intercity rail passenger transportation over a long-distance route described in subsection (a) for an operation period of 4 years from the date of commencement of service by the winning bidder and, at the option of the Secretary, consistent with the rule promulgated under subsection (a), allow the contract to be renewed for 1 additional operation period of 4 years;
“(B) require the Secretary to—
“(i) notify the petitioner and Amtrak of receipt of the petition under subparagraph (A) and to publish in the Federal Register a notice of receipt not later than 30 days after the date of receipt;
“(ii) establish a deadline, of not more than 120 days after the notice of receipt is published in the Federal Register under clause (i), by which both the petitioner and Amtrak, if Amtrak chooses to do so, would be required to submit a complete bid to provide intercity rail passenger transportation over the applicable route; and
“(iii) upon selecting a winning bid, publish in the Federal Register the identity of the winning bidder, the long distance route that the bidder will operate, a detailed justification of the reasons why the Secretary selected the bid, and any other information the Secretary determines appropriate for public comment for a reasonable period of time not to exceed 30 days after the date on which the Secretary selects the bid;
“(C) require that each bid—
“(i) describe the capital needs, financial projections, and operational plans, including staffing plans, for the service, and such other factors as the Secretary considers appropriate; and
“(ii) be made available by the winning bidder to the public after the bid award with any appropriate redactions for confidential or proprietary information;
“(D) for a route that receives funding from a State or States, require that for each bid received from a petitioner described in paragraph (3), other than such State or States, the Secretary have the concurrence of the State or States that provide funding for that route; and
“(E) for a winning bidder that is not or does not include Amtrak, require the Secretary to execute a contract not later than 270 days after the deadline established under subparagraph (B)(ii) and award to the winning bidder—
“(i) subject to paragraphs (4) and (5), the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the Secretary may require; and
“(ii) an operating subsidy, as determined by the Secretary, for—
“(I) the first year at a level that does not exceed 90 percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; and
“(II) any subsequent years at the level calculated under subclause (I), adjusted for inflation.
“(2) Limitation.—The requirements under paragraph (1)(E), including the amounts of operating subsidies in the first and any subsequent years under paragraph (1)(E)(ii), shall not apply to a winning bidder that is or includes Amtrak.
“(3) Eligible petitioners.—The following parties are eligible to submit petitions under paragraph (1):
“(A) A rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route, or another rail carrier that has a written agreement with a rail carrier or rail carriers that own such infrastructure.
“(B) A State, group of States, or State-supported joint powers authority or other sub-State governance entity responsible for provision of intercity rail passenger transportation with a written agreement with the rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation.
“(C) A State, group of States, or State-supported joint powers authority or other sub-State governance entity responsible for provision of intercity rail passenger transportation and a rail carrier with a written agreement with another rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation.
“(4) Performance standards.—The performance standards required under paragraph (1)(E)(i) shall meet or exceed the performance required of or achieved by Amtrak on the applicable route during the last fiscal year.
“(5) Agreement governing access issues.—Unless the winning bidder already has applicable access rights or agreements in place or includes a rail carrier that owns the infrastructure used in the operation of the route, a winning bidder that is not or does not include Amtrak shall enter into a written agreement governing access issues between the winning bidder and the rail carrier or rail carriers that own the infrastructure over which the winning bidder would operate and that host or would host the intercity rail passenger transportation.
“(c) Access to Facilities; Employees.—If the Secretary awards the right and obligation to provide intercity rail passenger transportation over a route described in this section to an eligible petitioner—
“(1) the Secretary shall, if necessary to carry out the purposes of this section, require Amtrak to provide access to the Amtrak-owned reservation system, stations, and facilities directly related to operations of the awarded routes to the eligible petitioner awarded a contract under this section, in accordance with subsection (g);
“(2) an employee of any person, except as provided in a collective bargaining agreement, used by such eligible petitioner in the operation of a route under this section shall be considered an employee of that eligible petitioner and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak; and
“(3) the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder, and shall be subject to the grant conditions under section 24405.
“(d) Cessation of Service.—If an eligible petitioner awarded a route under this section ceases to operate the service or fails to fulfill an obligation under a contract required under subsection (b)(1)(E), the Secretary, in collaboration with the Surface Transportation Board, shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service, including—
“(1) the installment of an interim rail carrier;
“(2) providing to the interim rail carrier under paragraph (1) an operating subsidy necessary to provide service; and
“(3) rebidding the contract to operate the intercity rail passenger transportation.
“(e) Budget Authority.—
“(1) In general.—The Secretary shall provide to a winning bidder that is not or does not include Amtrak and that is selected under this section any appropriations withheld under section 11101(e) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, necessary to cover the operating subsidy described in subsection (b)(1)(E)(ii).
“(2) Attributable costs.—If the Secretary selects a winning bidder that is not or does not include Amtrak, the Secretary shall provide to Amtrak an appropriate portion of the appropriations under section 11101(b) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, to cover any cost directly attributable to the termination of Amtrak service on the route and any indirect costs to Amtrak imposed on other Amtrak routes as a result of losing service on the route operated by the winning bidder. Any amount provided by the Secretary to Amtrak under this paragraph shall not be deducted from or have any effect on the operating subsidy described in subsection (b)(1)(E)(ii).
“(f) Reporting.—If the Secretary does not promulgate the final rule before the deadline under subsection (a), the Secretary shall, not later than 19 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 and every 90 days thereafter until the rule is complete, notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives in writing—
“(1) the reasons why the rule has not been issued;
“(2) a plan for completing the rule as soon as reasonably practicable; and
“(3) the estimated date of completion of the rule.
“(g) Disputes.—
“(1) Petitioning surface transportation board.—If Amtrak and the eligible petitioner awarded a route under this section cannot agree upon terms to carry out subsection (c)(1), either party may petition the Surface Transportation Board for a determination as to—
“(A) whether access to Amtrak’s facility or equipment, or the provisions of services by Amtrak, is necessary under subsection (c)(1); and
“(B) whether the operation of Amtrak’s other services will not be unreasonably impaired by such access.
“(2) Surface transportation board determination.—If the Surface Transportation Board determines access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary under paragraph (1)(A) and the operation of Amtrak’s other services will not be unreasonably impaired under paragraph (1)(B), the Board shall issue an order that—
“(A) requires Amtrak to provide the applicable facilities, equipment, and services; and
“(B) determines reasonable compensation, liability, and other terms for the use of the facilities and equipment and the provision of the services.
“(h) Limitation.—Not more than 3 long-distance routes may be selected under this section for operation by a winning bidder that is not or does not include Amtrak.
“(i) Preservation of Right to Competition on State-Supported Routes.—Nothing in this section shall be construed as prohibiting a State from introducing competition for intercity rail passenger transportation or services on its State-supported route or routes.
“(j) Savings Clause.—Nothing in this section shall affect Amtrak’s access rights to railroad rights-of-way and facilities.”
Conforming Amendment.— The table of contents for section 24711 of title 49, United States Code, is amended to read as follows:
“24711. Competitive passenger rail service pilot program.”.
Report.— Not later than 4 years after the date of implementation of the pilot program under section 24711 of title 49, United States Code, and quadrennially thereafter until the pilot program is discontinued, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the pilot program to date and any recommendations for further action.
SEC. 11308. Performance-Based Proposals.
Solicitation of Proposals.—
In general.— Not later than 30 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for projects for the financing, design, construction, operation, and maintenance of a high-speed passenger rail system operating within a high-speed rail corridor, including—
the Northeast Corridor;
the California Corridor;
the Empire Corridor;
the Pacific Northwest Corridor;
the South Central Corridor;
the Gulf Coast Corridor;
the Chicago Hub Network;
the Florida Corridor;
the Keystone Corridor;
the Northern New England Corridor; and
the Southeast Corridor.
Submission.— Proposals shall be submitted to the Secretary not later than 180 days after the publication of the request for proposals under paragraph (1).
Performance standard.— Proposals submitted under paragraph (2) shall meet any standards established by the Secretary. For corridors with existing intercity passenger rail service, proposals shall also be designed to achieve a reduction of existing minimum intercity rail service trip times between the main corridor city pairs by a minimum of 25 percent. In the case of a proposal submitted with respect to paragraph (1)(A), the proposal shall be designed to achieve a 2-hour or less express service between Washington, District of Columbia, and New York City, New York.
Contents.— A proposal submitted under this subsection shall include—
the names and qualifications of the persons submitting the proposal and the entities proposed to finance, design, construct, operate, and maintain the railroad, railroad equipment, and related facilities, stations, and infrastructure;
a detailed description of the proposed rail service, including possible routes, required infrastructure investments and improvements, equipment needs and type, train frequencies, peak and average operating speeds, and trip times;
a description of how the project would comply with all applicable Federal rail safety and security laws, orders, and regulations;
the locations of proposed stations, which maximize the usage of existing infrastructure to the extent possible, and the populations such stations are intended to serve;
the type of equipment to be used, including any technologies, to achieve trip time goals;
a description of any proposed legislation needed to facilitate all aspects of the project;
a financing plan identifying—
projected revenue, and sources thereof;
the amount of any requested public contribution toward the project, and proposed sources;
projected annual ridership projections for the first 10 years of operations;
annual operations and capital costs;
the projected levels of capital investments required both initially and in subsequent years to maintain a state-of-good-repair necessary to provide the initially proposed level of service or higher levels of service;
projected levels of private investment and sources thereof, including the identity of any person or entity that has made or is expected to make a commitment to provide or secure funding and the amount of such commitment; and
projected funding for the full fair market compensation for any asset, property right or interest, or service acquired from, owned, or held by a private person or Federal entity that would be acquired, impaired, or diminished in value as a result of a project, except as otherwise agreed to by the private person or entity;
a description of how the project would contribute to the development of a national high-speed passenger rail system and an intermodal plan describing how the system will facilitate convenient travel connections with other transportation services;
a description of how the project will ensure compliance with Federal laws governing the rights and status of employees associated with the route and service, including those specified in section 24405 of title 49, United States Code;
a description of how the design, construction, implementation, and operation of the project will accommodate and allow for future growth of existing and projected intercity, commuter, and freight rail service;
a description of how the project would comply with Federal and State environmental laws and regulations, of what environmental impacts would result from the project, and of how any adverse impacts would be mitigated; and
a description of the project’s impacts on highway and aviation congestion, energy consumption, land use, and economic development in the service area.
Determination and Establishment of Commissions.— Not later than 90 days after receipt of the proposals under subsection (a), the Secretary shall—
make a determination as to whether any such proposals—
contain the information required under paragraphs (3) and (4) of subsection (a);
are sufficiently credible to warrant further consideration;
are likely to result in a positive impact on the Nation’s transportation system; and
are cost-effective and in the public interest;
establish a commission for each corridor with 1 or more proposals that the Secretary determines satisfy the requirements of paragraph (1); and
forward to each commission established under paragraph (2) the applicable proposals for review and consideration.
Commissions.—
Members.— Each commission established under subsection (b)(2) shall include—
the Governors of the affected States, or their respective designees;
mayors of appropriate municipalities with stops along the proposed corridor, or their respective designees;
a representative from each freight railroad carrier using the relevant corridor, if applicable;
a representative from each transit authority using the relevant corridor, if applicable;
representatives of nonprofit employee labor organizations representing affected railroad employees; and
the President of Amtrak or his or her designee.
Appointment and selection.— The Secretary shall appoint the members under paragraph (1). In selecting each commission’s members to fulfill the requirements under subparagraphs (B) and (E) of paragraph (1), the Secretary shall consult with the Chairperson and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate and of the Committee on Transportation and Infrastructure of the House of Representatives.
Chairperson and vice-chairperson selection.— The Chairperson and Vice-Chairperson shall be elected from among members of each commission.
Quorum and vacancy.—
Quorum.— A majority of the members of each commission shall constitute a quorum.
Vacancy.— Any vacancy in each commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made.
Commission Consideration.—
In general.— Each commission established under subsection (b)(2) shall be responsible for reviewing the proposal or proposals forwarded to it under that subsection and, not later than 90 days after the establishment of the commission, shall transmit to the Secretary a report, including—
a summary of each proposal received;
services to be provided under each proposal, including projected ridership, revenues, and costs;
proposed public and private contributions for each proposal;
the advantages offered by the proposal over existing intercity passenger rail services;
public operating subsidies or assets needed for the proposed project;
possible risks to the public associated with the proposal, including risks associated with project financing, implementation, completion, safety, and security;
a ranked list of the proposals recommended for further consideration under subsection (e) in accordance with each proposal’s projected positive impact on the Nation’s transportation system;
an identification of any proposed Federal legislation that would facilitate implementation of the projects and Federal legislation that would be required to implement the projects; and
any other recommendations by the commission concerning the proposed projects.
Verbal presentation.— Proposers shall be given an opportunity to make a verbal presentation to the commission to explain their proposals.
Authorization of appropriations.— There is authorized to be appropriated to the Secretary for the use of each commission established under subsection (b)(2) such sums as are necessary to carry out this section.
Selection by Secretary.—
In general.— Not later than 60 days after receiving the recommended proposals of the commissions established under subsection (b)(2), the Secretary shall—
review such proposals and select any proposal that provides substantial benefits to the public and the national transportation system, is cost-effective, offers significant advantages over existing services, and meets other relevant factors determined appropriate by the Secretary; and
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 containing any proposal with respect to subsection (a)(1)(A) that is selected by the Secretary under subparagraph (A) of this paragraph, all the information regarding the proposal provided to the Secretary under subsection (d), and any other information the Secretary considers relevant.
Subsequent report.— Following the submission of the report under paragraph (1)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing any proposal with respect to subparagraphs (B) through (K) of subsection (a)(1) that are selected by the Secretary under paragraph (1) of this subsection, all the information regarding the proposal provided to the Secretary under subsection (d), and any other information the Secretary considers relevant.
Limitation on report submission.— The report required under paragraph (2) shall not be submitted by the Secretary until the report submitted under paragraph (1)(B) has been considered through a hearing by the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the report submitted under paragraph (1)(B).
No Actions Without Additional Authority.— No Federal agency may take any action to implement, establish, facilitate, or otherwise act upon any proposal submitted under this section, other than those actions specifically authorized by this section, without explicit statutory authority enacted after the date of enactment of this Act.
Adequate Resources.— Before taking any action authorized under this section the Secretary shall certify to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that the Secretary has sufficient resources that are adequate to undertake the program established under this section.
Definitions.— In this section:
Intercity passenger rail.— The term “intercity passenger rail” has the meaning given the term in section 24102 of title 49, United States Code.
State.— The term “State” means any of the 50 States or the District of Columbia.
SEC. 11309. Large Capital Project Requirements.
Section 24402 of title 49, United States Code, is amended by inserting after subsection (i) the following:
“(j) Large Capital Project Requirements.—
“(1) In general.—For a grant awarded under this chapter for an amount in excess of $1,000,000,000, the following conditions shall apply:
“(A) The Secretary may not obligate any funding unless the applicant demonstrates, to the satisfaction of the Secretary, that the applicant has committed, and will be able to fulfill, the non-Federal share required for the grant within the applicant’s proposed project completion timetable.
“(B) The Secretary may not obligate any funding for work activities that occur after the completion of final design unless—
“(i) the applicant submits a financial plan to the Secretary that generally identifies the sources of the non-Federal funding required for any subsequent segments or phases of the corridor service development program covering the project for which the grant is awarded;
“(ii) the grant will result in a useable segment, a transportation facility, or equipment, that has operational independence; and
“(iii) the intercity passenger rail benefits anticipated to result from the grant, such as increased speed, improved on-time performance, reduced trip time, increased frequencies, new service, safety improvements, improved accessibility, or other significant enhancements, are detailed by the grantee and approved by the Secretary.
“(C)
(i) The Secretary shall ensure that the project is maintained to the level of utility that is necessary to support the benefits approved under subparagraph (B)(iii) for a period of 20 years from the date on which the useable segment, transportation facility, or equipment described in subparagraph (B)(ii) is placed in service.
“(ii) If the project property is not maintained as required under clause (i) for a 12-month period, the grant recipient shall refund a pro-rata share of the Federal contribution, based upon the percentage remaining of the 20-year period that commenced when the project property was placed in service.
“(2) Early work.—The Secretary may allow a grantee subject to this subsection to engage in at-risk work activities subsequent to the conclusion of final design if the Secretary determines that such work activities are reasonable and necessary.”
SEC. 11310. Small Business Participation Study.
Study.— The Secretary shall conduct a nationwide disparity and availability study on the availability and use of small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity rail passenger transportation projects.
Report.— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report containing the results of the study conducted under subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Definitions.— In this section:
Small business concern.— The term “small business concern” has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632), except that the term does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary for inflation.
Socially and economically disadvantaged individual.— The term “socially and economically disadvantaged individual” has the meaning given such term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to such Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section.
Veteran-owned small business.— The term “veteran-owned small business” has the meaning given the term “small business concern owned and controlled by veterans” in section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that the term does not include any concern or group of concerns controlled by the same veterans that have average annual gross receipts during the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary for inflation.
SEC. 11311. Shared-Use Study.
In General.— Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with Amtrak, commuter rail passenger transportation authorities, other railroad carriers, railroad carriers that own rail infrastructure over which both passenger and freight trains operate, States, the Surface Transportation Board, the Northeast Corridor Commission established under section 24905 of title 49, United States Code, the State-Supported Route Committee established under section 24712 of such title, and groups representing rail passengers and customers, as appropriate, shall complete a study that evaluates—
the shared use of right-of-way by passenger and freight rail systems; and
the operational, institutional, and legal structures that would best support improvements to the systems referred to in paragraph (1).
Areas of Study.— In conducting the study under subsection (a), the Secretary shall evaluate—
the access and use of railroad right-of-way by a rail carrier that does not own the right-of-way, such as passenger rail services that operate over privately-owned right-of-way, including an analysis of—
access agreements;
costs of access; and
the resolution of disputes relating to such access or costs;
the effectiveness of existing contractual, statutory, and regulatory mechanisms for establishing, measuring, and enforcing train performance standards, including—
the manner in which passenger train delays are recorded;
the assignment of responsibility for such delays; and
the use of incentives and penalties for performance;
the strengths and weaknesses of the existing mechanisms described in paragraph (2) and possible approaches to address the weaknesses;
mechanisms for measuring and maintaining public benefits resulting from publicly funded freight or passenger rail improvements, including improvements directed towards shared-use right-of-way by passenger and freight rail;
approaches to operations, capacity, and cost estimation modeling that—
allow for transparent decisionmaking; and
protect the proprietary interests of all parties;
liability requirements and arrangements, including—
whether to expand statutory liability limits to additional parties;
whether to revise the current statutory liability limits;
whether current insurance levels of passenger rail operators are adequate and whether to establish minimum insurance requirements for such passenger rail operators; and
whether to establish alternative insurance models, including other models administered by the Federal Government;
the effect on rail passenger services, operations, liability limits, and insurance levels of the assertion of sovereign immunity by a State; and
other issues identified by the Secretary.
Report.— Not later than 60 days after the study under subsection (a) is complete, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
the results of the study; and
any recommendations for further action, including any legislative proposals consistent with such recommendations.
Implementation.— The Secretary shall integrate, as appropriate, the recommendations submitted under subsection (c) into the financial assistance programs under subtitle V of title 49, United States Code, and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822).
SEC. 11312. Northeast Corridor Through-Ticketing and Procurement Efficiencies.
Through-Ticketing Study.—
In general.— Not later than 3 years after the date of enactment of this Act, the Northeast Corridor Commission established under section 24905(a) of title 49, United States Code (referred to in this section as the “Commission”), in consultation with Amtrak and the commuter rail passenger transportation providers along the Northeast Corridor, shall complete a study on the feasibility of and options for permitting through-ticketing between Amtrak service and commuter rail services on the Northeast Corridor.
Contents.— In completing the study under paragraph (1), the Northeast Corridor Commission shall—
examine the current state of intercity and commuter rail ticketing technologies, policies, and other relevant aspects on the Northeast Corridor;
consider and recommend technology, process, policy, or other options that would permit through-ticketing to allow intercity and commuter rail passengers to purchase, in a single transaction, travel that utilizes Amtrak and connecting commuter rail services;
consider options to expand through-ticketing to include local transit services;
summarize costs, benefits, opportunities, and impediments to developing such through-ticketing options; and
develop a proposed methodology, including cost and schedule estimates, for carrying out a pilot program on through-ticketing on the Northeast Corridor.
Report.— Not later than 60 days after the date the study under paragraph (1) is complete, the Commission shall submit to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
the results of the study; and
any recommendations for further action.
Review.— Not later than 180 days after receipt of the report under paragraph (3), the Secretary shall review the report and recommend best practices in developing through ticketing for other areas outside of the Northeast Corridor. The Secretary shall transmit the best practices to the State-Supported Route Committee established under section 24712 of title 49, United States Code.
Joint Procurement Study.—
In general.— Not later than 3 years after the date of enactment of this Act, the Secretary, in cooperation with the Commission, Amtrak, and commuter rail transportation authorities on the Northeast Corridor, shall complete a study of the potential benefits resulting from Amtrak and such authorities undertaking select joint procurements for common materials, assets, and equipment when expending Federal funds for such joint procurements.
Contents.— In completing the study under paragraph (1), the Secretary shall consider—
the types of materials, assets, and equipment that are regularly purchased by Amtrak and such authorities that are similar and could be jointly procured;
the potential benefits of such joint procurements, including lower procurement costs, better pricing, greater market relevancy, and other efficiencies;
the potential costs of such joint procurements;
any significant impediments to undertaking joint procurements, including any necessary harmonization and reconciliation of Federal and State procurement or safety regulations or standards and other requirements; and
whether to create Federal incentives or requirements relating to considering or carrying out joint procurements when expending Federal funds.
Transmission.— Not later than 60 days after completing the study required under this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
the results of the study; and
any recommendations for further action.
Northeast Corridor.— In this section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, including the facilities and services used to operate and maintain those lines.
SEC. 11313. Data and Analysis.
Data.— Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Surface Transportation Board, Amtrak, freight railroads, State and local governments, and regional business, tourism, and economic development agencies shall conduct a data needs assessment to—
support the development of an efficient and effective intercity passenger rail network;
identify the data needed to conduct cost-effective modeling and analysis for intercity passenger rail development programs;
determine limitations to the data used for inputs;
develop a strategy to address such limitations;
identify barriers to accessing existing data;
develop recommendations regarding whether the authorization of additional data collection for intercity passenger rail travel is warranted; and
determine which entities should be responsible for generating or collecting needed data.
Benefit-Cost Analysis.— Not later than 180 days after the date of enactment of this Act, the Secretary shall enhance the usefulness of assessments of benefits and costs for intercity passenger rail and freight rail projects by—
providing ongoing guidance and training on developing benefit and cost information for rail projects;
providing more direct and consistent requirements for assessing benefits and costs across transportation funding programs, including the appropriate use of discount rates;
requiring applicants to clearly communicate the methodology used to calculate the project benefits and costs, including non-proprietary information on—
assumptions underlying calculations;
strengths and limitations of data used; and
the level of uncertainty in estimates of project benefits and costs; and
ensuring that applicants receive clear and consistent guidance on values to apply for key assumptions used to estimate potential project benefits and costs.
Confidential Data.— The Secretary shall protect all sensitive and confidential information to the greatest extent permitted by law. Nothing in this section shall require any entity to provide information to the Secretary in the absence of a voluntary agreement.
SEC. 11314. Amtrak Inspector General.
Authority.—
In general.— The Inspector General of Amtrak shall have the authority available to other Inspectors General, as necessary in carrying out the duties specified in the Inspector General Act of 1978 (5 U.S.C. App.), to investigate any alleged violation of sections 286, 287, 371, 641, 1001, 1002 and 1516 of title 18, United States Code.
Agency.— For purposes of sections 286, 287, 371, 641, 1001, 1002, and 1516 of title 18, United States Code, Amtrak and the Amtrak Office of Inspector General, shall be considered a corporation in which the United States has a proprietary interest as set forth in section 6 of such title.
Assessment.— The Inspector General of Amtrak shall—
not later than 60 days after the date of enactment of this Act, initiate an assessment to determine whether current expenditures or procurements involving Amtrak’s fulfillment of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) utilize competitive, market-driven provisions that are applicable throughout the entire term of such related expenditures or procurements; and
not later than 6 months after the date of enactment of this Act, transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the assessment under paragraph (1).
Limitation.— The authority provided by subsection (a) shall be effective only with respect to a fiscal year for which Amtrak receives a Federal subsidy.
SEC. 11315. Miscellaneous Provisions.
Title 49 Amendments.—
Authority.— Section 22702(b)(4) of title 49, United States Code, is amended by striking “ 5 years for reapproval by the Secretary” and inserting “ 4 years for acceptance by the Secretary”.
Contents of state rail plans.— Section 22705(a) of title 49, United States Code, is amended by striking paragraph (12).
Passenger Rail Investment and Improvement Act Amendments.— Section 305 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended—
in subsection (a) by inserting after “ equipment manufacturers,” the following: “ nonprofit organizations representing employees who perform overhaul and maintenance of passenger railroad equipment,”;
in subsection (c) by striking “ , and may establish a corporation, which may be owned or jointly-owned by Amtrak, participating States, or other entities, to perform these functions”; and
in subsection (e) by striking “ and establishing a jointly-owned corporation to manage that equipment”.
Certain Projects.— A project described in 1307(a)(3) of SAFETEA–LU (Public Law 109–59) may be eligible for the Railroad Rehabilitation and Improvement Financing program if the Secretary determines such project meets the requirements of sections 502 and 503 of the Railroad Revitalization and Regulatory Reform Act of 1976.
Clarification.—
Amendment.— Section 20157(g) of title 49, United States Code, is amended by adding at the end the following new paragraph:
“(4) Clarification.—
“(A) Prohibitions.—The Secretary is prohibited from—
“(i) approving or disapproving a revised plan submitted under subsection (a)(1);
“(ii) considering a revised plan under subsection (a)(1) as a request for amendment under section 236.1021 of title 49, Code of Federal Regulations; or
“(iii) requiring the submission, as part of the revised plan under subsection (a)(1), of—
“(I) only a schedule and sequence under subsection (a)(2)(A)(iii)(VII); or
“(II) both a schedule and sequence under subsection (a)(2)(A)(iii)(VII) and an alternative schedule and sequence under subsection (a)(2)(B).
“(B) Civil penalty authority.—Except as provided in paragraph (2) and this paragraph, nothing in this subsection shall be construed to limit the Secretary’s authority to assess civil penalties pursuant to subsection (e), consistent with the requirements of this section.
“(C) Retained review authority.—The Secretary retains the authority to review revised plans submitted under subsection (a)(1) and is authorized to require modifications of those plans to the extent necessary to ensure that such plans include the descriptions under subsection (a)(2)(A)(i), the contents under subsection (a)(2)(A)(ii), and the year or years, totals, and summary under subsection (a)(2)(A)(iii)(I) through (VI).”
Conforming amendment.— Section 20157(g)(3) of title 49, United States Code, is amended by striking “ by paragraph (2) and subsection (k)” and inserting “ to conform with this section”.
SEC. 11316. Technical and Conforming Amendments.
Assistance to Families of Passengers Involved in Rail Passenger Accidents.— Section 1139 of title 49, United States Code, is amended—
in subsection (a)(1), by striking “ phone number” and inserting “ telephone number”;
in subsection (a)(2), by striking “ post trauma communication with families” and inserting “ post-trauma communication with families”; and
in subsection (j), by striking “ railroad passenger accident” each place it appears and inserting “ rail passenger accident”.
Solid Waste Rail Transfer Facility Land-Use Exemption.— Section 10909 of title 49, United States Code, is amended—
in subsection (b), in the matter preceding paragraph (1), by striking “ Clean Railroad Act of 2008” and inserting “ Clean Railroads Act of 2008”; and
in subsection (e), by striking “ Upon the granting of petition from the State” and inserting “ Upon the granting of a petition from the State”.
by inserting “ (2)” before “ the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.” and indenting accordingly;
by inserting “ (1)” after “ unless” and indenting accordingly;
in paragraph (1), as redesignated, by striking “ order, or” and inserting “ order; or”; and
in the matter preceding paragraph (1), as redesignated, by striking “ unless” and inserting “ unless—”.
in the matter preceding paragraph (1), by striking “ website” and inserting “ Web site”;
in paragraph (1), by striking “ accident and incidence reporting” and inserting “ accident and incident reporting”;
in paragraph (2)(G), by inserting “ and” at the end; and
in paragraph (5)(B), by striking “ Administrative Hearing Officer or Administrative Law Judge” and inserting “ administrative hearing officer or administrative law judge”.
in subsection (c), by inserting a comma after “ In developing its railroad safety risk reduction program”; and
in subsection (g)(1)—
by inserting a comma after “ good faith”; and
by striking “ non-profit” and inserting “ nonprofit”.
Roadway User Sight Distance at Highway-Rail Grade Crossings.— Section 20159 of title 49, United States Code, is amended by striking “ the Secretary” and inserting “ the Secretary of Transportation”.
in subsection (a)(1), by striking “ concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates” and inserting “ concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates”; and
in subsection (b)(1)(A), by striking “ concerning each crossing through which it operates or with respect to the trackage over which it operates” and inserting “ concerning each crossing through which it operates with respect to the trackage over which it operates”.
Minimum Training Standards and Plans.— Section 20162(a)(3) of title 49, United States Code, is amended by striking “ railroad compliance with Federal standards” and inserting “ railroad carrier compliance with Federal standards”.
Development and Use of Rail Safety Technology.— Section 20164(a) of title 49, United States Code, is amended by striking “ after enactment of the Railroad Safety Enhancement Act of 2008” and inserting “ after the date of enactment of the Rail Safety Improvement Act of 2008”.
Rail Safety Improvement Act of 2008.—
Table of contents.— Section 1(b) of division A of the Rail Safety Improvement Act of 2008 (Public Law 110–432; 122 Stat. 4848) is amended—
in the item relating to section 307 by striking “ website” and inserting “ Web site”;
in the item relating to title VI by striking “ solid waste facilities” and inserting “ solid waste rail transfer facilities”; and
in the item relating to section 602 by striking “ solid waste transfer facilities” and inserting “ solid waste rail transfer facilities”.
Definitions.— Section 2(a)(1) of division A of the Rail Safety Improvement Act of 2008 (Public Law 110–432; 122 Stat. 4849) is amended in the matter preceding subparagraph (A), by inserting a comma after “ at grade”.
Railroad safety strategy.— Section 102(a)(6) of title I of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20101 note) is amended by striking “ Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents, incidents, injuries, and fatalities caused by catastrophic failures and other bridge and tunnel failures.” and inserting “ Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents, incidents, injuries, and fatalities caused by catastrophic and other failures of such infrastructure.”.
Operation lifesaver.— Section 206(a) of title II of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note) is amended by striking “ Public Service Announcements” and inserting “ public service announcements”.
Update of federal railroad administration’s web site.— Section 307 of title III of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 103 note) is amended—
in the heading by striking “ federal railroad administration’s website” and inserting “ federal railroad administration web site”;
by striking “ website” each place it appears and inserting “ Web site”; and
by striking “ website’s” and inserting “ Web site’s”.
Alcohol and controlled substance testing for maintenance-of-way employees.— Section 412 of title IV of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20140 note) is amended by striking “ Secretary of Transportation” and inserting “ Secretary”.
Tunnel information.— Section 414 of title IV of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 note) is amended—
by striking “ parts 171.8, 173.115” and inserting “ sections 171.8, 173.115”; and
by striking “ part 1520.5” and inserting “ section 1520.5”.
Safety inspections in mexico.— Section 416 of title IV of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20107 note) is amended—
in the matter preceding paragraph (1), by striking “ Secretary of Transportation” and inserting “ Secretary”; and
in paragraph (4), by striking “ subsection” and inserting “ section”.
Heading of title vi.— The heading of title VI of division A of the Rail Safety Improvement Act of 2008 (122 Stat. 4900) is amended by striking “ SOLID WASTE FACILITIES” and inserting “ SOLID WASTE RAIL TRANSFER FACILITIES”.
Heading of section 602.— The heading of section 602 of title VI of division A of the Rail Safety Improvement Act of 2008 (122 Stat. 4900) is amended by striking “ solid waste transfer facilities” and inserting “ solid waste rail transfer facilities”.
Contingent Interest Recoveries.— Section 22106(b) of title 49, United States Code, is amended by striking “ interest thereof” and inserting “ interest thereon”.
Mission.— Section 24101(b) of title 49, United States Code, is amended by striking “ of subsection (d)” and inserting “ set forth in subsection (c)”.
Table of Contents Amendment.— The table of contents for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24316 and inserting the following:
“24316. Plans to address the needs of families of passengers involved in rail passenger accidents.”.
Amtrak.— Chapter 247 of title 49, United States Code, is amended—
in section 24706—
in subsection (a)—
in paragraph (1) by striking “ a discontinuance under section 24704 or or”; and
in paragraph (2) by striking “ section 24704 or”; and
in subsection (b) by striking “ section 24704 or”; and
in section 24709 by striking “ The Secretary of the Treasury and the Attorney General,” and inserting “ The Secretary of Homeland Security,”.
in paragraph (12) by striking “ and” at the end;
in paragraph (13) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(14) to improve overall safety of intercity passenger and freight rail operations.”
Secretarial Oversight.— Section 24403 of title 49, United States Code, is amended by striking subsection (b).
Subtitle D Safety
SEC. 11401. Highway-Rail Grade Crossing Safety.
Model State Highway-Rail Grade Crossing Action Plan.—
In general.— Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall develop a model of a State-specific highway-rail grade crossing action plan and distribute the plan to each State.
Contents.— The plan developed under paragraph (1) shall include—
methodologies, tools, and data sources for identifying and evaluating highway-rail grade crossing safety risks, including the public safety risks posed by blocked highway-rail grade crossings due to idling trains;
best practices to reduce the risk of highway-rail grade crossing accidents or incidents and to alleviate the blockage of highway-rail grade crossings due to idling trains, including strategies for—
education, including model stakeholder engagement plans or tools;
engineering, including the benefits and costs of different designs and technologies used to mitigate highway-rail grade crossing safety risks; and
enforcement, including the strengths and weaknesses associated with different enforcement methods;
for each State, a customized list and data set of the highway-rail grade crossing accidents or incidents in that State over the past 3 years, including the location, number of deaths, and number of injuries for each accident or incident, and a list of highway-rail grade crossings in that State that have experienced multiple accidents or incidents over the past 3 years; and
contact information of a Department of Transportation safety official available to assist the State in adapting the model plan to satisfy the requirements under subsection (b).
State Highway-Rail Grade Crossing Action Plans.—
Requirements.— Not later than 18 months after the Administrator develops and distributes the model plan under subsection (a), the Administrator shall promulgate a rule that requires—
each State, except the 10 States identified under section 202 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note), to develop and implement a State highway-rail grade crossing action plan; and
each State identified under section 202 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note) to—
update the State action plan under such section; and
submit to the Administrator—
the updated State action plan; and
a report describing what the State did to implement its previous State action plan under such section and how the State will continue to reduce highway-rail grade crossing safety risks.
Contents.— Each State plan required under this subsection shall—
identify highway-rail grade crossings that have experienced recent highway-rail grade crossing accidents or incidents or multiple highway-rail grade crossing accidents or incidents, or are at high-risk for accidents or incidents;
identify specific strategies for improving safety at highway-rail grade crossings, including highway-rail grade crossing closures or grade separations; and
designate a State official responsible for managing implementation of the State action plan under subparagraph (A) or (B) of paragraph (1), as applicable.
Assistance.— The Administrator shall provide assistance to each State in developing and carrying out, as appropriate, the State action plan under this subsection.
Public availability.— Each State shall submit a final State plan under this subsection to the Administrator for publication. The Administrator shall make each approved State plan publicly available on an official Internet Web site.
Conditions.— The Secretary may condition the awarding of a grant to a State under chapter 244 of title 49, United States Code, on that State submitting an acceptable State action plan under this subsection.
Review of action plans.— Not later than 60 days after the date of receipt of a State action plan under this subsection, the Administrator shall—
if the State action plan is approved, notify the State and publish the State action plan under paragraph (4); and
if the State action plan is incomplete or deficient, notify the State of the specific areas in which the plan is deficient and allow the State to complete the plan or correct the deficiencies and resubmit the plan under paragraph (1).
Deadline.— Not later than 60 days after the date of a notice under paragraph (6)(B), a State shall complete the plan or correct the deficiencies and resubmit the plan.
Failure to complete or correct plan.— If a State fails to meet the deadline under paragraph (7), the Administrator shall post on the Web site under paragraph (4) a notice that the State has an incomplete or deficient highway-rail grade crossing action plan.
Report.— Not later than the date that is 3 years after the Administrator publishes the final rule under subsection (b)(1), the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on—
the specific strategies identified by States to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents; and
the progress each State described under subsection (b)(1)(B) has made in implementing its action plan.
Railway-Highway Crossings Funds.— The Secretary may use funds made available to carry out section 130 of title 23, United States Code, to provide States with funds to develop a State highway-rail grade crossing action plan under subsection (b)(1)(A) or to update a State action plan under subsection (b)(1)(B).
Definitions.— In this section:
Highway-rail grade crossing.— The term “highway-rail grade crossing” means a location within a State, other than a location where 1 or more railroad tracks cross 1 or more railroad tracks at grade, where—
a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks either at grade or grade-separated; or
a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses 1 or more railroad tracks either at grade or grade-separated.
State.— The term “State” means a State of the United States or the District of Columbia.
SEC. 11402. Private Highway-Rail Grade Crossings.
In General.— The Secretary, in consultation with railroad carriers, shall conduct a study to—
determine whether limitations or weaknesses exist regarding the availability and usefulness for safety purposes of data on private highway-rail grade crossings; and
evaluate existing engineering practices on private highway-rail grade crossings.
Contents.— In conducting the study under subsection (a), the Secretary shall make recommendations as necessary to improve—
the utility of the data on private highway-rail grade crossings; and
the implementation of private highway-rail crossing safety measures, including signage and warning systems.
Report.— Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report of the findings of the study and any recommendations for further action.
SEC. 11403. Study on Use of Locomotive Horns at Highway-Rail Grade Crossings.
Study.— The Comptroller General of the United States shall submit a report to Congress containing the results of a study evaluating the final rule issued on August 17, 2006, entitled “Use of Locomotive Horns at Highway-Rail Grade Crossings” (71 Fed. Reg. 47614), including—
the effectiveness of such final rule;
the benefits and costs of establishing quiet zones; and
any barriers to establishing quiet zones.
Savings Clause.— Nothing in this section shall be construed to limit or preclude any planned retrospective review by the Secretary of the final rule described in subsection (a).
SEC. 11404. Positive Train Control at Grade Crossings Effectiveness Study.
After the Secretary certifies that each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation is in compliance with the positive train control requirements under section 20157(a) of title 49, United States Code, the Secretary shall—
conduct a study of the possible effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings; and
submit a report containing the results of the study conducted under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
SEC. 11405. Bridge Inspection Reports.
Section 417(d) of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 note) is amended—
by striking “ The Secretary” and inserting the following:
“(1) In general.—The Secretary”
; and
by adding at the end the following:
“(2) Availability of bridge condition.—
“(A) In general.—A State or political subdivision of a State may file a request with the Secretary for a public version of a bridge inspection report generated under subsection (b)(5) for a bridge located in such State or political subdivision’s jurisdiction.
“(B) Public version of report.—If the Secretary determines that the request is reasonable, the Secretary shall require a railroad to submit a public version of the most recent bridge inspection report, such as a summary form, for a bridge subject to a request under subparagraph (A). The public version of a bridge inspection report shall include the date of last inspection, length of bridge, location of bridge, type of bridge, type of structure, feature crossed by bridge, and railroad contact information, along with a general statement on the condition of the bridge.
“(C) Provision of report.—The Secretary shall provide to a State or political subdivision of a State a public version of a bridge inspection report submitted under subparagraph (B).
“(D) Technical assistance.—The Secretary, upon the reasonable request of State or political subdivision of a State, shall provide technical assistance to such State or political subdivision of a State to facilitate the understanding of a bridge inspection report.”
SEC. 11406. Speed Limit Action Plans.
In General.— Not later than 90 days after the date of enactment of this Act, each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation, in consultation with any applicable host railroad carrier, shall survey its entire system and identify each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel.
Action Plans.— Not later than 120 days after the date that the survey under subsection (a) is complete, a railroad carrier described in subsection (a) shall submit to the Secretary an action plan that—
identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel;
describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph (1), including—
modification to automatic train control systems, if applicable, or other signal systems;
increased crew size;
installation of signage alerting train crews of the maximum authorized speed for passenger trains in each location identified under paragraph (1);
installation of alerters;
increased crew communication; and
other practices;
contains milestones and target dates for implementing each appropriate action described under paragraph (2); and
ensures compliance with the maximum authorized speed at each location identified under paragraph (1).
Approval.— Not later than 90 days after the date on which an action plan is submitted under subsection (b), the Secretary shall approve, approve with conditions, or disapprove the action plan.
Alternative Safety Measures.— The Secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section 20157 of title 49, United States Code, or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk.
Report.— Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
the actions railroad carriers have taken in response to Safety Advisory 2013–08, entitled “Operational Tests and Inspections for Compliance With Maximum Authorized Train Speeds and Other Speed Restrictions”;
the actions railroad carriers have taken in response to Safety Advisory 2015–03, entitled “Operational and Signal Modifications for Compliance with Maximum Authorized Passenger Train Speeds and Other Speed Restrictions”; and
the actions the Federal Railroad Administration has taken to evaluate or incorporate the information and findings arising from the safety advisories referred to in paragraphs (1) and (2) into the development of regulatory action and oversight activities.
Savings Clause.— Nothing in this section shall prohibit the Secretary from applying the requirements of this section to other segments of track at high risk of overspeed derailment.
SEC. 11407. Alerters.
In General.— The Secretary shall promulgate a rule to require a working alerter in the controlling locomotive of each passenger train in intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code) or commuter rail passenger transportation (as defined in section 24102 of title 49, United States Code).
Rulemaking.—
In general.— The Secretary may promulgate a rule to specify the essential functionalities of a working alerter, including the manner in which the alerter can be reset.
Alternate practice or technology.— The Secretary may require or allow a technology or practice in lieu of a working alerter if the Secretary determines that the technology or practice would achieve an equivalent or greater level of safety in enhancing or ensuring appropriate locomotive control.
SEC. 11408. Signal Protection.
In General.— Not later than 18 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking to require that on-track safety regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.
Alternative Safety Measures.— The Secretary shall consider exempting from any final requirements of this section each segment of track for which operations are governed by a positive train control system certified under section 20157 of title 49, United States Code, or any other safety technology or practice that would achieve an equivalent or greater level of safety in providing additional signal protection.
SEC. 11409. Commuter Rail Track Inspections.
In General.— The Secretary shall evaluate track inspection regulations to determine if a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines should be required to inspect the lines in the same manner as is required for other commuter railroad lines.
Rulemaking.— Considering safety, including railroad carrier employee and contractor safety, system capacity, and other relevant factors, the Secretary may promulgate a rule for high density commuter railroad lines. If, after the evaluation under subsection (a), the Secretary determines that it is necessary to promulgate a rule, the Secretary shall specifically consider the following regulatory requirements for high density commuter railroad lines:
At least once every 2 weeks—
traverse each main line by vehicle; or
inspect each main line on foot.
At least once each month, traverse and inspect each siding by vehicle or by foot.
Report.— If, after the evaluation under subsection (a), the Secretary determines it is not necessary to revise the regulations under this section, the Secretary, not later than 18 months after the date of enactment of this Act, shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report explaining the reasons for not revising the regulations.
Construction.— Nothing in this section may be construed to limit the authority of the Secretary to promulgate regulations or issue orders under any other law.
SEC. 11410. Post-Accident Assessment.
In General.— The Secretary, in cooperation with the National Transportation Safety Board and Amtrak, shall conduct a post-accident assessment of the Amtrak Northeast Regional Train #188 crash on May 12, 2015.
Elements.— The assessment conducted pursuant to subsection (a) shall include—
a review of Amtrak’s compliance with the plan for addressing the needs of the families of passengers involved in any rail passenger accident, which was submitted pursuant to section 24316 of title 49, United States Code;
a review of Amtrak’s compliance with the emergency preparedness plan required under section 239.101(a) of title 49, Code of Federal Regulations;
a determination of any additional action items that should be included in the plans referred to in paragraphs (1) and (2) to meet the needs of the passengers involved in the crash and their families, including—
notification of emergency contacts;
dedicated and trained staff to manage family assistance;
the establishment of a family assistance center at the accident locale or other appropriate location;
a system for identifying and recovering items belonging to passengers that were lost in the crash; and
the establishment of a single customer service entity within Amtrak to coordinate the response to the needs of the passengers involved in the crash and their families; and
recommendations for any additional training needed by Amtrak staff to better implement the plans referred to in paragraphs (1) and (2), including the establishment of a regular schedule for training drills and exercises.
Report to Congress.— Not later than 1 year after the date of enactment of this Act, Amtrak shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
Amtrak’s plan to achieve the recommendations referred to in subsection (b)(4); and
any steps that have been taken to address any deficiencies identified through the assessment.
SEC. 11411. Recording Devices.
In General.— Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 20168. Installation of audio and image recording devices
“(a) In General.—Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall promulgate regulations to require each railroad carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotive cabs and cab car operating compartments in such passenger trains.
“(b) Device Standards.—Each inward- and outward-facing image recording device shall—
“(1) have a minimum 12-hour continuous recording capability;
“(2) have crash and fire protections for any in-cab image recordings that are stored only within a controlling locomotive cab or cab car operating compartment; and
“(3) have recordings accessible for review during an accident or incident investigation.
“(c) Review.—The Secretary shall establish a process to review and approve or disapprove an inward- or outward-facing image recording device for compliance with the standards described in subsection (b).
“(d) Uses.—A railroad carrier subject to the requirements of subsection (a) that has installed an inward- or outward-facing image recording device approved under subsection (c) may use recordings from that inward- or outward-facing image recording device for the following purposes:
“(1) Verifying that train crew actions are in accordance with applicable safety laws and the railroad carrier’s operating rules and procedures, including a system-wide program for such verification.
“(2) Assisting in an investigation into the causation of a reportable accident or incident.
“(3) Documenting a criminal act or monitoring unauthorized occupancy of the controlling locomotive cab or car operating compartment.
“(4) Other purposes that the Secretary considers appropriate.
“(e) Discretion.—
“(1) In general.—The Secretary may—
“(A) require in-cab audio recording devices for the purposes described in subsection (d); and
“(B) define in appropriate technical detail the essential features of the devices required under subparagraph (A).
“(2) Exemptions.—The Secretary may exempt any railroad carrier subject to the requirements of subsection (a) or any part of the carrier’s operations from the requirements under subsection (a) if the Secretary determines that the carrier has implemented an alternative technology or practice that provides an equivalent or greater safety benefit or that is better suited to the risks of the operation.
“(f) Tampering.—A railroad carrier subject to the requirements of subsection (a) may take appropriate enforcement or administrative action against any employee that tampers with or disables an audio or inward- or outward-facing image recording device installed by the railroad carrier.
“(g) Preservation of Data.—Each railroad carrier subject to the requirements of subsection (a) shall preserve recording device data for 1 year after the date of a reportable accident or incident.
“(h) Information Protections.—The Secretary may not disclose publicly any part of an in-cab audio or image recording or transcript of oral communications by or among train employees or other operating employees responsible for the movement and direction of the train, or between such operating employees and company communication centers, related to an accident or incident investigated by the Secretary. The Secretary may make public any part of a transcript or any written depiction of visual information that the Secretary determines is relevant to the accident at the time a majority of the other factual reports on the accident or incident are released to the public.
“(i) Prohibited Use.—An in-cab audio or image recording obtained by a railroad carrier under this section may not be used to retaliate against an employee.
“(j) Savings Clause.—Nothing in this section may be construed as requiring a railroad carrier to cease or restrict operations upon a technical failure of an inward- or outward-facing image recording device or in-cab audio device. Such railroad carrier shall repair or replace the failed inward- or outward-facing image recording device as soon as practicable.”
Conforming Amendment.— The table of contents for subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
“20168. Installation of audio and image recording devices.”.
SEC. 11412. Railroad Police Officers.
by striking “ employed by” each place it appears and inserting “ directly employed by or contracted by”;
in subsection (b), by inserting “ or agent, as applicable,” after “ an employee”; and
by adding at the end the following:
“(c) Transfers.—
“(1) In general.—If a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State transfers primary employment or residence from the certifying or commissioning State to another State or jurisdiction, the railroad police officer, not later than 1 year after the date of transfer, shall apply to be certified or commissioned as a police office under the laws of the State of new primary employment or residence.
“(2) Interim period.—During the period beginning on the date of transfer and ending 1 year after the date of transfer, a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of the new jurisdiction in which the railroad police officer resides, to the same extent as provided in subsection (a).
“(d) Training.—
“(1) In general.—A State may recognize as meeting that State’s basic police officer certification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully completes a program at a State-recognized police training academy in another State or at a Federal law enforcement training center and who is certified or commissioned as a police officer by that other State.
“(2) Rule of construction.—Nothing in this subsection shall be construed as superseding or affecting any State training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in-service training academy or Federal law enforcement training center.”
Regulations.— Not later than 1 year after the date of enactment of this Act, the Secretary shall revise the regulations in part 207 of title 49, Code of Federal Regulations (relating to railroad police officers), to permit a railroad to designate an individual, who is commissioned in the individual’s State of legal residence or State of primary employment and directly employed by or contracted by a railroad to enforce State laws for the protection of railroad property, personnel, passengers, and cargo, to serve in the States in which the railroad owns property.
Conforming Amendments.—
by striking “ may employ” and inserting “ may directly employ or contract with”;
by striking “ employed by” and inserting “ directly employed by or contracted by”; and
by striking “ employed without” and inserting “ directly employed or contracted without”.
Exceptions.— Section 922(z)(2)(B) of title 18, United States Code, is amended by striking “ employed by” and inserting “ directly employed by or contracted by”.
SEC. 11413. Repair and Replacement of Damaged Track Inspection Equipment.
In General.— Subchapter I of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 20121. Repair and replacement of damaged track inspection equipment
“The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government-owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Railroad Safety and Operations account of the Federal Railroad Administration and shall remain available until expended for the repair, operation, and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.”
Conforming Amendment.— The table of contents for subchapter I of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
“20121. Repair and replacement of damaged track inspection equipment.”.
SEC. 11414. Report on Vertical Track Deflection.
Report.— Not later than 9 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing research conducted or procured by the Federal Railroad Administration on developing a system that measures vertical track deflection (in this section referred to as “VTD”) from a moving rail car, including the ability of such system to identify poor track support from fouled ballast, deteriorated cross ties, or other conditions.
Contents.— The report required under subsection (a) shall include—
the findings and results of testing of VTD instrumentation during field trials on revenue service track;
the findings and results of subsequent testing of VTD instrumentation on a Federal Railroad Administration automated track inspection program geometry car;
if considered appropriate by the Secretary based on the report and related research, a plan for developing quantitative inspection criteria for poor track support using existing VTD instrumentation on Federal Railroad Administration automated track inspection program geometry cars; and
if considered appropriate by the Secretary based on the report and related research, a plan for installing VTD instrumentation on all remaining Federal Railroad Administration automated track inspection program geometry cars not later than 3 years after the date of enactment of this Act.
SEC. 11415. Rail Passenger Liability.
Amtrak Incident.— Notwithstanding any other provision of law, the aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident involving Amtrak occurring on May 12, 2015, shall not exceed $295,000,000.
Adjustment Based on Consumer Price Index.— The liability cap under section 28103(a)(2) of title 49, United States Code, shall be adjusted on the date of enactment of this Act to reflect the change in the Consumer Price Index-All Urban Consumers between such date and December 2, 1997, and the Secretary shall provide appropriate public notice of such adjustment. The adjustment of the liability cap shall be effective 30 days after such notice. Every fifth year after the date of enactment of this Act, the Secretary shall adjust such liability cap to reflect the change in the Consumer Price Index-All Urban Consumers since the last adjustment. The Secretary shall provide appropriate public notice of each such adjustment, and the adjustment shall become effective 30 days after such notice.
Subtitle E Project Delivery
SEC. 11501. Short Title.
This subtitle may be cited as the “Track, Railroad, and Infrastructure Network Act” or the “TRAIN Act”.
SEC. 11502. Treatment of Improvements to Rail and Transit under Preservation Requirements.
Title 23 Amendment.— Section 138 of title 23, United States Code, is further amended by adding at the end the following:
“(f) Rail and Transit.—
“(1) In general.—Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (a), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.
“(2) Exceptions.—
“(A) In general.—Paragraph (1) shall not apply to—
“(i) stations; or
“(ii) bridges or tunnels located on—
“(I) railroad lines that have been abandoned; or
“(II) transit lines that are not in use.
“(B) Clarification with respect to certain bridges and tunnels.—The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—
“(i) over which service has been discontinued; or
“(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.”
in subsection (c), in the matter preceding paragraph (1), by striking “ subsection (d)” and inserting “ subsections (d) and (h)”; and
by adding at the end the following:
“(h) Rail and Transit.—
“(1) In general.—Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.
“(2) Exceptions.—
“(A) In general.—Paragraph (1) shall not apply to—
“(i) stations; or
“(ii) bridges or tunnels located on—
“(I) railroad lines that have been abandoned; or
“(II) transit lines that are not in use.
“(B) Clarification with respect to certain bridges and tunnels.—The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—
“(i) over which service has been discontinued; or
“(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.”
SEC. 11503. Efficient Environmental Reviews.
Amendment.— Title 49, United States Code, is amended by inserting after chapter 241 the following new chapter:
“CHAPTER 242— PROJECT DELIVERY
“24201. Efficient environmental reviews.
Ҥ 24201. Efficient environmental reviews
“(a) Efficient Environmental Reviews.—
“(1) In general.—The Secretary of Transportation shall apply the project development procedures, to the greatest extent feasible, described in section 139 of title 23 to any railroad project that requires the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(2) Regulations and procedures.—In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase the efficiency of the review of railroad projects.
“(3) Discretion.—The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) such project development procedures that could only feasibly apply to highway projects, public transportation capital projects, and multimodal projects.
“(4) Applicability.—Subsection (l) of section 139 of title 23 shall apply to railroad projects described in paragraph (1), except that the limitation on claims of 150 days shall be 2 years.
“(b) Additional Categorical Exclusions.—Not later than 6 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall—
“(1) survey the use by the Federal Railroad Administration of categorical exclusions in transportation projects since 2005; and
“(2) publish in the Federal Register for notice and public comment a review of the survey that includes a description of—
“(A) the types of actions categorically excluded; and
“(B) any actions the Secretary is considering for new categorical exclusions, including those that would conform to those of other modal administrations.
“(c) New Categorical Exclusions.—Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall publish a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including those identified under subsection (b), and develop a process for considering new categorical exclusions to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations.
“(d) Transparency.—The Secretary shall maintain and make publicly available, including on the Internet, a database that identifies project-specific information on the use of a categorical exclusion on any railroad project carried out under this title.
“(e) Protections for Existing Agreements and NEPA.—Nothing in subtitle E of the Passenger Rail Reform and Investment Act of 2015, or any amendment made by such subtitle, shall affect any existing environmental review process, program, agreement, or funding arrangement approved by the Secretary under title 49, as that title was in effect on the day preceding the date of enactment of such subtitle.”
Savings Clause.— Except as expressly provided in section 41003(f) and subsection (o) of section 139 of title 23, United States Code, the requirements and other provisions of title 41 of this Act shall not apply to—
programs administered now and in the future by the Department of Transportation or its operating administrations under title 23, 46, or 49, United States Code, including direct loan and loan guarantee programs, or other Federal statutes or programs or projects administered by an agency pursuant to their authority under title 49, United States Code; or
any project subject to section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348).
Table of Chapters Amendment.— The table of chapters of subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 241 the following:
“242. Project delivery 24201”.
SEC. 11504. Railroad Rights-Of-Way.
Amendment.— Chapter 242 of title 49, United States Code, (as added by this Act) is amended by adding at the end the following:
Ҥ 24202. Railroad rights-of-way
“(a) In General.—Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall submit a proposed exemption of railroad rights-of-way from the review under section 306108 of title 54 to the Advisory Council on Historic Preservation for consideration, consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
“(b) Final Exemption.—Not later than 180 days after the date on which the Secretary submits the proposed exemption under subsection (a) to the Council, the Council shall issue a final exemption of railroad rights-of-way from review under chapter 3061 of title 54 consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).”
Conforming Amendment.— The table of contents for chapter 242 of title 49, United States Code, (as added by this Act) is amended by adding at the end the following:
“24202. Railroad rights-of-way.”.
Subtitle F Financing
SEC. 11601. Short Title; References.
Short Title.— This subtitle may be cited as the “Railroad Infrastructure Financing Improvement Act”.
References to the Railroad Revitalization and Regulatory Reform Act of 1976.— Except as otherwise expressly provided, wherever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.).
SEC. 11602. Definitions.
Section 501 (45 U.S.C. 821) is amended—
by redesignating paragraph (8) as paragraph (10);
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively;
by inserting after paragraph (5) the following:
“(6) The term ‘investment-grade rating’ means a rating of BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a rating agency.”
by inserting after paragraph (8), as redesignated, the following:
“(9) The term ‘master credit agreement’ means an agreement to make 1 or more direct loans or loan guarantees at future dates for a program of related projects on terms acceptable to the Secretary.”
; and
by adding at the end the following:
“(11) The term ‘project obligation’ means a note, bond, debenture, or other debt obligation issued by a borrower in connection with the financing of a project, other than a direct loan or loan guarantee under this title.
“(12) The term ‘railroad’ has the meaning given the term ‘railroad carrier’ in section 20102 of title 49, United States Code.
“(13) The term ‘rating agency’ means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
“(14) The term ‘substantial completion’ means—
“(A) the opening of a project to passenger or freight traffic; or
“(B) a comparable event, as determined by the Secretary and specified in the terms of the direct loan or loan guarantee provided by the Secretary.”
SEC. 11603. Eligible Applicants.
Section 502(a) (45 U.S.C. 822(a)) is amended—
in paragraph (5), by striking “ one railroad” and inserting “ 1 of the entities described in paragraph (1), (2), (3), (4), or (6)”; and
by amending paragraph (6) to read as follows:
“(6) solely for the purpose of constructing a rail connection between a plant or facility and a railroad, limited option freight shippers that own or operate a plant or other facility.”
SEC. 11604. Eligible Purposes.
in subparagraph (A), by inserting “ , and costs related to these activities, including pre-construction costs” after “ shops”;
in subparagraph (B), by striking “ subparagraph (A); or” and inserting “ subparagraph (A) or (C);”;
in subparagraph (C), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(D) reimburse planning and design expenses relating to activities described in subparagraph (A) or (C); or
“(E) finance economic development, including commercial and residential development, and related infrastructure and activities, that—
“(i) incorporates private investment;
“(ii) is physically or functionally related to a passenger rail station or multimodal station that includes rail service;
“(iii) has a high probability of the applicant commencing the contracting process for construction not later than 90 days after the date on which the direct loan or loan guarantee is obligated for the project under this title; and
“(iv) has a high probability of reducing the need for financial assistance under any other Federal program for the relevant passenger rail station or service by increasing ridership, tenant lease payments, or other activities that generate revenue exceeding costs.”
Required Non-Federal Match for Transit-oriented Development Projects.— Section 502(h) (45 U.S.C. 822(h)) is amended by adding at the end the following:
“(4) The Secretary shall require each recipient of a direct loan or loan guarantee under this section for a project described in subsection (b)(1)(E) to provide a non-Federal match of not less than 25 percent of the total amount expended by the recipient for such project.”
Sunset.— Section 502(b) (45 U.S.C. 822(b)) is amended by adding at the end the following:
“(3) Sunset.—The Secretary may provide a direct loan or loan guarantee under this section for a project described in paragraph (1)(E) only during the 4-year period beginning on the date of enactment of the Passenger Rail Reform and Investment Act of 2015.”
SEC. 11605. Program Administration.
Application Processing Procedures.— Section 502(i) (45 U.S.C. 822(i)) is amended to read as follows:
“(i) Application Processing Procedures.—
“(1) Application status notices.—Not later than 30 days after the date that the Secretary receives an application under this section, or additional information and material under paragraph (2)(B), the Secretary shall provide the applicant written notice as to whether the application is complete or incomplete.
“(2) Incomplete applications.—If the Secretary determines that an application is incomplete, the Secretary shall—
“(A) provide the applicant with a description of all of the specific information or material that is needed to complete the application, including any information required by an independent financial analyst; and
“(B) allow the applicant to resubmit the application with the information and material described under subparagraph (A) to complete the application.
“(3) Application approvals and disapprovals.—
“(A) In general.—Not later than 60 days after the date the Secretary notifies an applicant that an application is complete under paragraph (1), the Secretary shall provide the applicant written notice as to whether the Secretary has approved or disapproved the application.
“(B) Actions by the office of management and budget.—In order to enable compliance with the time limit under subparagraph (A), the Office of Management and Budget shall take any action required with respect to the application within that 60-day period.
“(4) Expedited processing.—The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining an approval or a disapproval of an application for a direct loan or loan guarantee under this title.
“(5) Dashboard.—The Secretary shall post on the Department of Transportation’s Internet Web site a monthly report that includes, for each application—
“(A) the applicant type;
“(B) the location of the project;
“(C) a brief description of the project, including its purpose;
“(D) the requested direct loan or loan guarantee amount;
“(E) the date on which the Secretary provided application status notice under paragraph (1); and
“(F) the date that the Secretary provided notice of approval or disapproval under paragraph (3).”
in subsection (a) by striking the period at the end and inserting “ , including a program guide, a standard term sheet, and specific timetables.”;
by redesignating subsections (c) through (l) as subsections (d) through (m), respectively;
by striking “ (b) Assignment of Loan Guarantees.—” and inserting “ (c) Assignment of Loan Guarantees.—”;
in subsection (d), as so redesignated—
in paragraph (1) by striking “ ; and” and inserting a semicolon;
in paragraph (2) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(3) the modification cost has been covered under section 502(f).”
; and
by striking subsection (l), as so redesignated, and inserting the following:
“(l) Charges and Loan Servicing.—
“(1) Purposes.—The Secretary may collect from each applicant, obligor, or loan party a reasonable charge for—
“(A) the cost of evaluating the application, amendments, modifications, and waivers, including for evaluating project viability, applicant creditworthiness, and the appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings;
“(B) the cost of award management and project management oversight;
“(C) the cost of services from expert firms, including counsel, and independent financial advisors to assist in the underwriting, auditing, servicing, and exercise of rights with respect to direct loans and loan guarantees; and
“(D) the cost of all other expenses incurred as a result of a breach of any term or condition or any event of default on a direct loan or loan guarantee.
“(2) Standards.—The Secretary may charge different amounts under this subsection based on the different costs incurred under paragraph (1).
“(3) Servicer.—
“(A) In general.—The Secretary may appoint a financial entity to assist the Secretary in servicing a direct loan or loan guarantee under this title.
“(B) Duties.—A servicer appointed under subparagraph (A) shall act as the agent of the Secretary in serving a direct loan or loan guarantee under this title.
“(C) Fees.—A servicer appointed under subparagraph (A) shall receive a servicing fee from the obligor or other loan party, subject to approval by the Secretary.
“(4) Safety and operations account.—Amounts collected under this subsection shall—
“(A) be credited directly to the Safety and Operations account of the Federal Railroad Administration; and
“(B) remain available until expended to pay for the costs described in this subsection.”
SEC. 11606. Loan Terms and Repayment.
Prerequisites for Assistance.— Section 502(g)(1) (45 U.S.C. 822(g)(1)) is amended by striking “ 35 years from the date of its execution” and inserting the following:
“(A) 35 years after the date of substantial completion of the project; or
“(B) the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established”
in paragraph (1) by striking “ the sixth anniversary date of the original loan disbursement” and inserting “ 5 years after the date of substantial completion”; and
by adding at the end the following:
“(3) Deferred payments.—
“(A) In general.—If at any time after the date of substantial completion the obligor is unable to pay the scheduled loan repayments of principal and interest on a direct loan provided under this section, the Secretary, subject to subparagraph (B), may allow, for a maximum aggregate time of 1 year over the duration of the direct loan, the obligor to add unpaid principal and interest to the outstanding balance of the direct loan.
“(B) Interest.—A payment deferred under subparagraph (A) shall—
“(i) continue to accrue interest under paragraph (2) until the loan is fully repaid; and
“(ii) be scheduled to be amortized over the remaining term of the loan.
“(4) Prepayments.—
“(A) Use of excess revenues.—With respect to a direct loan provided by the Secretary under this section, any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and direct loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the direct loan without penalty.
“(B) Use of proceeds of refinancing.—The direct loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources.”
Sale of Direct Loans.— Section 502 (45 U.S.C. 822) is amended by adding at the end the following:
“(k) Sale of Direct Loans.—
“(1) In general.—Subject to paragraph (2) and as soon as practicable after substantial completion of a project, the Secretary, after notifying the obligor, may sell to another entity or reoffer into the capital markets a direct loan for the project if the Secretary determines that the sale or reoffering has a high probability of being made on favorable terms.
“(2) Consent of obligor.—In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the prior written consent of the obligor.”
Nonsubordination.— Section 502 (45 U.S.C. 822) is further amended by adding at the end the following:
“(l) Nonsubordination.—
“(1) In general.—Except as provided in paragraph (2), a direct loan provided by the Secretary under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
“(2) Preexisting indentures.—
“(A) In general.—The Secretary may waive the requirement under paragraph (1) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture if—
“(i) the direct loan is rated in the A category or higher;
“(ii) the direct loan is secured and payable from pledged revenues not affected by project performance, such as a tax-based revenue pledge or a system-backed pledge of project revenues; and
“(iii) the program share, under this title, of eligible project costs is 50 percent or less.
“(B) Limitation.—The Secretary may impose limitations for the waiver of the nonsubordination requirement under this paragraph if the Secretary determines that such limitations would be in the financial interest of the Federal Government.”
SEC. 11607. Credit Risk Premiums.
in paragraph (1) by striking the first sentence and inserting the following: “ In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the cost of a modification thereof, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source, including a State or local government or agency or public benefit corporation or public authority thereof, to fund in whole or in part credit risk premiums and modification costs with respect to the loan that is the subject of the application or modification.”;
in paragraph (2)—
in subparagraph (D), by adding “ and” after the semicolon;
by striking subparagraph (E); and
by redesignating subparagraph (F) as subparagraph (E);
by striking paragraph (4);
by redesignating paragraph (3) as paragraph (4);
by inserting after paragraph (2) the following:
“(3) Creditworthiness.—An applicant may propose and the Secretary shall accept as a basis for determining the amount of the credit risk premium under paragraph (2) any of the following in addition to the value of any tangible asset:
“(A) The net present value of a future stream of State or local subsidy income or other dedicated revenues to secure the direct loan or loan guarantee.
“(B) Adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source, including—
“(i) tolls;
“(ii) user fees; or
“(iii) payments owing to the obligor under a public-private partnership.
“(C) An investment-grade rating on the direct loan or loan guarantee, as applicable, except that if the total amount of the direct loan or loan guarantee is greater than $75,000,000, the applicant shall have an investment-grade rating from at least 2 rating agencies on the direct loan or loan guarantee.”
; and
in paragraph (4), as redesignated, by striking “ amounts” and inserting “ amounts (and in the case of a modification, before the modification is executed), to the extent appropriations are not available to the Secretary to meet the costs of direct loans and loan guarantees, including costs of modifications thereof”.
Savings Clause.— All provisions under sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) as they existed on the day before enactment of this Act shall apply to direct loans provided by the Secretary prior to the date of enactment of this Act, and nothing in this title may be construed to limit the payback of a credit risk premium, with interest accrued thereon, if a direct loan provided by the Secretary under such sections has been paid back in full, prior to the date of enactment of this Act.
SEC. 11608. Master Credit Agreements.
Section 502 (45 U.S.C. 822) is further amended by adding at the end the following:
“(m) Master Credit Agreements.—
“(1) In general.—Subject to subsection (d) and paragraph (2) of this subsection, the Secretary may enter into a master credit agreement that is contingent on all of the conditions for the provision of a direct loan or loan guarantee, as applicable, under this title and other applicable requirements being satisfied prior to the issuance of the direct loan or loan guarantee.
“(2) Conditions.—Each master credit agreement shall—
“(A) establish the maximum amount and general terms and conditions of each applicable direct loan or loan guarantee;
“(B) identify 1 or more dedicated non-Federal revenue sources that will secure the repayment of each applicable direct loan or loan guarantee;
“(C) provide for the obligation of funds for the direct loans or loan guarantees contingent on and after all requirements have been met for the projects subject to the master credit agreement; and
“(D) provide 1 or more dates, as determined by the Secretary, before which the master credit agreement results in each of the direct loans or loan guarantees or in the release of the master credit agreement.”
SEC. 11609. Priorities and Conditions.
in paragraph (1), by inserting “ , including projects for the installation of a positive train control system (as defined in section 20157(i) of title 49, United States Code)” after “ public safety”;
by moving paragraph (3) to appear before paragraph (2), and redesignating those paragraphs accordingly;
in paragraph (5), by inserting “ or chapter 227 of title 49” after “ section 135 of title 23”;
by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and
by inserting after paragraph (5) the following:
“(6) improve railroad stations and passenger facilities and increase transit-oriented development;”
Conditions of Assistance.— Section 502(h)(2) (45 U.S.C. 822(h)(2)) is amended by inserting “ , if applicable” after “ project”.
SEC. 11610. Savings Provisions.
In General.— Except as provided in subsection (b) and section 11607(b), this subtitle, and the amendments made by this subtitle, shall not affect any direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) that was in effect prior to the date of enactment of this Act. Any such transaction entered into before the date of enactment of this Act shall be administered until completion under its terms as if this Act were not enacted.
Modification Costs.— At the discretion of the Secretary, the authority to accept modification costs on behalf of an applicant under section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as amended by section 11607 of this Act, may apply with respect to any direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) that was in effect prior to the date of enactment of this Act.
SEC. 11611. Report on Leveraging Rrif.
In General.— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that analyzes how the Railroad Rehabilitation and Improvement Financing Program can be used to improve passenger rail infrastructure.
Report Contents.— The report required under subsection (a) shall include—
illustrative examples of projects that could be financed under such Program;
potential repayment sources for such projects, including tax-increment financing, user fees, tolls, and other dedicated revenue sources; and
estimated costs and benefits of using the Program relative to other options, including a comparison of the length of time such projects would likely be completed without Federal credit assistance.